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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

15. Income Taxes

Income Tax Provision

The components of the provision for income taxes are as follows for the years ended December 31, 2020, 2019, and 2018 (in thousands):

 

 

 

Year Ended

December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

 

$

 

State and local

 

 

84

 

 

 

168

 

 

 

229

 

Total current tax expense

 

 

84

 

 

 

168

 

 

 

229

 

Deferred tax (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

 

 

State and local

 

 

 

 

 

 

 

 

 

Total deferred tax (benefit)

 

 

 

 

 

 

 

 

 

Provision for income taxes

 

$

84

 

 

$

168

 

 

$

229

 

 

Pretax loss for all periods presented were classified as Domestic.

Tax Rate Reconciliation

The Company’s effective tax rate for the years ended December 31, 2020, 2019, and 2018 was (0.04)%, (0.12)%, and (0.27)%, respectively.

A reconciliation of the provision for income taxes at the statutory rate to the amount reflected in the consolidated statements of operations is as follows (in thousands):

 

 

 

Year Ended

December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Income taxes at statutory rate

 

$

(42,570

)

 

$

(29,990

)

 

$

(17,839

)

State income taxes, net of federal benefit

 

 

(5,417

)

 

 

(1,096

)

 

 

180

 

Permanent differences

 

 

1,264

 

 

 

772

 

 

 

229

 

Change in valuation allowance

 

 

46,901

 

 

 

30,051

 

 

 

17,756

 

Other

 

 

(94

)

 

 

431

 

 

 

(97

)

Provision for income taxes

 

$

84

 

 

$

168

 

 

$

229

 

 

Deferred Tax Assets (Liabilities)

The Company computes income taxes using the liability method. This method requires recognition of deferred tax assets and liabilities, measured by enacted rates, attributable to temporary differences between the financial statements and the income tax basis of assets and liabilities. In assessing the realizability of deferred tax assets, the Company considers whether it is more likely than not that certain deferred tax assets will be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income in those specific jurisdictions prior to the dates on which such net operating losses expire. The Company maintained a full valuation allowance against its net deferred tax assets for December 31, 2020 and 2019 because the Company has determined that is it more likely than not that these assets will not be fully realized based on a current evaluation of expected future taxable income and the Company is in a cumulative loss position. As of December 31, 2020 and 2019 the Valuation Allowance balance was $121.9 million and $75.0 million, respectively. The Valuation Allowance was $44.9 million and $27.5 million as of December 31, 2018 and January 1, 2018, respectively.

Significant components of the Company’s deferred tax assets and liabilities are as follows (in thousands):

 

 

 

As of December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

102,252

 

 

$

66,879

 

Inventory reserves

 

 

12,409

 

 

 

5,911

 

Stock-based compensation

 

 

3,119

 

 

 

840

 

Accrued Expense

 

 

1,456

 

 

 

867

 

Depreciation

 

 

 

 

 

114

 

Right of Use Asset

 

 

4,175

 

 

 

 

Allowance for Doubtful Accounts

 

 

1,809

 

 

 

173

 

Other

 

 

836

 

 

 

423

 

Total deferred tax assets

 

 

126,056

 

 

 

75,207

 

Less: valuation allowance

 

 

(121,859

)

 

 

(74,959

)

Net deferred tax assets

 

 

4,197

 

 

 

248

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible amortization

 

 

(225

)

 

 

(248

)

Depreciation

 

 

(29

)

 

 

 

Lease Liability

 

 

(3,943

)

 

 

 

Net deferred tax liabilities

 

 

(4,197

)

 

 

(248

)

Net deferred income taxes

 

$

 

 

$

 

 

Net Operating Losses

As of December 31, 2020, the Company had total net operating loss carryforwards for U.S. federal income tax purposes of $462.1 million, of which $126.2 million expire from 2034 through 2037 and $335.9 million do not expire. The Company has net operating loss carryforwards for state income tax purposes of $78.7 million, which expire from 2034 through 2040.

The Company is subject to tax in the United States and many state and local jurisdictions. The Company, with certain exceptions, is no longer subject to income tax examinations by U.S. federal, state and local for tax years 2015 and prior. The company is not currently under audit for any US federal or state income tax audits.

The Internal Revenue Code (IRC) Section 382 provides for a limitation of the annual use of net operating loss and tax credit carryforwards following certain ownership changes (as defined by the IRC Section 382) that limits the Company’s ability to utilize these carryforwards. The Company completed a Section 382 study to determine the applicable limitation, if any. It was determined that the Company has undergone three ownership changes. There were ownership changes in July 2013, November 2014 and July 2015 which substantially limit the use of the net operating losses generated before the change in control. The Company is still evaluating to see if the shareholder lock-up period expiration in December 2020 associated with the IPO, resulted in a change in control.

Uncertain Tax Positions

The Company has not identified any uncertain tax positions as of December 31, 2020 or 2019. Any interest and penalties related to uncertain tax positions shall be recorded as a component of income tax expense. To date, no interest or penalties have been accrued in relation to uncertain tax positions.