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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Schedule of components of income tax expense
The provision for income taxes was as follows:
(in thousands)Year Ended December 31,
Current:202020192018
Federal$— $— $— 
State72 
$72 $$
Deferred:
Federal$— $— $— 
State— — — 
$— $— $— 
Provision for income tax$72 $$
Schedule of effective income tax rate reconciliation A reconciliation of income tax expense from continuing operations to the amount computed by applying the statutory federal income tax rate to the net loss from continuing operations is summarized as follows:
Year Ended December 31,
(in thousands)202020192018
U.S. income tax at federal statutory rate$(11,063)$(2,611)$(6,276)
State income tax, net of federal benefits(1,962)(2,550)(1,072)
Foreign rate differential(54)— — 
Stock warrant liability— 2,626 — 
Share-based compensation(21,007)(21,236)(615)
Research and development credits(10)(8)(6)
Return to provision and other— — 29 
Change in tax rates2,989 73 668 
Other 529 (98)363 
Change in valuation allowance30,650 23,813 6,910 
Provision for income tax$72 $$
Schedule of deferred tax assets and liabilities A valuation allowance has been recorded to offset the net deferred tax assets as of December 31, 2020 and 2019, as the realization of such assets does not meet the more-likely-than-not threshold.
December 31,
(in thousands)20202019
Deferred Tax Assets:
Net operating loss (NOL)$78,464 $50,663 
Intangibles1,495 1,252 
Share-based compensation3,295 2,704 
Interest311 — 
Inventory reserve2,262 1,509 
Other2,024 204 
Total gross deferred tax assets87,851 56,332 
Deferred Tax liabilities:
Property, plant and equipment1,773 904 
Other— — 
Total gross deferred tax liabilities1,773 904 
Valuation allowance86,078 55,428 
Net deferred tax assets (liabilities)$— $— 
Schedule of unrecognized tax benefits
The following table summarizes the activity related to the Company’s gross unrecognized tax benefits at the beginning and end of the years ended December 31, 2020 and 2019:
Year Ended December 31,
20202019
Gross unrecognized tax benefits at the beginning of the year$3,336 $1,846 
Increases related to current year positions2,063 1,695 
Increases/Decreases related to prior year positions— (205)
Gross unrecognized tax benefits at the end of the year$5,399 $3,336