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Income Taxes
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
In accordance with the guidance pursuant to accounting for income taxes, a deferred tax asset or liability is determined based on the difference between the financial statement and tax basis of assets and liabilities as measured by the enacted tax rates which will be in effect when these differences reverse. The Company provides a valuation allowance against net deferred tax assets unless, based upon the available evidence, it is more likely than not that the deferred tax asset will be realized.
The components of pretax loss from operations are as follows:
Year Ended December 31,
202220212020
     U.S. Domestic$(277,440,803)$(302,614,003)$(162,664,355)
     Foreign(211,249)(610,320)(225,949)
Pretax loss from operations$(277,652,052)$(303,224,323)$(162,890,304)

There was no provision for or benefit from income taxes for the years ended December 31, 2022, 2021 and 2020.
The reconciliation of income taxes attributable to continuing operations computed at the statutory tax rates to income tax benefit, using a 21% statutory tax rate for December 31, 2022, 2021 and 2020, is as follows: 
Year Ended December 31,
202220212020
Benefit from income taxes at statutory rates$(58,307,000)$(63,677,000)$(34,207,000)
State income tax, net of federal benefit(3,601,000)(3,447,000)— 
Change in valuation allowance61,065,000 77,424,000 21,428,000 
Nondeductible loss on extinguishment of debt— — 14,450,000 
Research and development tax credits(7,534,000)(16,523,000)(2,650,000)
Stock-based compensation2,913,000 483,000 (1,953,000)
Uncertain tax positions2,291,000 6,509,000 1,068,000 
Deconsolidation of subsidiary— — 853,000 
Expired NOLs and credits1,459,000 616,000 468,000 
Limited NOLs and credits(1,337,000)(542,000)(368,000)
Change in tax rates(187,000)— — 
Foreign tax rate differential(8,000)(24,000)(9,000)
Other3,246,000 (819,000)920,000 
$— $— $— 

Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2022 and 2021 are shown below:
As of December 31,
20222021
Deferred tax assets:
Capitalized research expense$41,252,000 $4,200,000 
NOL carryforwards212,768,000 197,144,000 
Research and development and other tax credits26,442,000 23,005,000 
Deferred revenue538,000 987,000 
Stock-based compensation3,945,000 3,599,000 
Acquired intangibles559,000 637,000 
Interest expense — 83,000 
Investment in affiliated entity1,569,000 750,000 
Lease liability3,247,000 3,793,000 
Fixed assets57,000 — 
Other11,062,000 5,973,000 
301,439,000 240,171,000 
Valuation allowance(299,124,000)(237,205,000)
Total deferred tax assets2,315,000 2,966,000 
Deferred tax liabilities:
Acquired intangibles(199,000)(194,000)
Right of use asset(2,148,000)(2,430,000)
Note discount— (321,000)
Fixed assets— (53,000)
Total deferred tax liabilities(2,347,000)(2,998,000)
Net deferred tax liabilities$(32,000)$(32,000)

As of December 31, 2022, the Company had federal, California and Pennsylvania tax net operating loss (NOL) carryforwards of $920.6 million, $210.3 million and $89.6 million, respectively, net of the net operating losses that will expire due to IRC Section 382 limitations. The aggregate federal net operating losses generated in 2018 and after for the amount of $625.4 million will carryforward indefinitely and be available to offset up to 80% of future taxable income each year, subject to certain modifications made by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) enacted in 2020. The federal NOL carryforward began to expire in 2022, and the California and Pennsylvania NOL carryforwards will begin and have begun to expire in 2028 and 2022, respectively, unless previously utilized.
The Company also had Korean NOL carryforwards of $1.0 million as of December 31, 2022. The Korean NOLs are available to offset up to 60% of future taxable income and will begin to expire in 2030, unless previously utilized.
In addition, as of December 31, 2022, the Company had federal and state research and development (R&D) tax credit carryforwards of $40.5 million and $4.7 million, respectively. The federal tax credit carryforwards will begin to expire in 2029. The California research tax credits do not expire.
Based upon statute, federal and state losses and credits are expected to expire as follows (in millions):
Expiration Date:Federal NOLsState NOLsForeign NOLsFederal R&DState R&D
2023$5.3 $1.2 $— $— $— 
202418.9 9.1 — — — 
20259.6 5.2 — — — 
202612.2 7.1 — — — 
2027 and thereafter249.2 277.3 1.0 40.5 — 
Indefinite625.4 — — — 4.7 
$920.6 $299.9 $1.0 $40.5 $4.7 
Pursuant to Internal Revenue Code (IRC) Sections 382 and 383, annual use of the Company’s NOL and R&D credit carryforwards may be limited in the event that a cumulative change in ownership of more than 50% occurs within a three-year period. The Company has completed an IRC Section 382/383 analysis regarding the limitation of NOL and R&D credit carryforwards as of December 31, 2022. As a result of the analysis, the Company estimates that approximately $8.3 million of tax benefits related to NOL and R&D carryforwards will expire unused. Accordingly, the related NOL and R&D credit carryforwards have been removed from deferred tax assets, accompanied by a corresponding reduction of the valuation allowance. Due to the existence of the valuation allowance, limitations created by current and future ownership changes, if any, related to the Company's operations in the United States will not impact its effective tax rate. Any additional ownership changes may further limit the ability to use the NOL and R&D carryforwards.
The Tax Cuts and Jobs Act of 2017 subjects a U.S. stockholder to tax on Global Intangible Low-Taxed Income (GILTI) earned by certain foreign subsidiaries. The FASB Staff Q&A, Topic 740, No. 5, Accounting for Global Intangible Low-Taxed Income, states that an entity can make an accounting policy election to recognize deferred taxes for temporary basis differences expected to reverse as GILTI in future years or to provide for the tax expense related to GILTI in the year the tax is incurred as a period expense only. The Company has elected to provide for the tax expense related to GILTI in the year the tax is incurred as a period expense only. For 2022, 2021 and 2020, the Company did not generate any GILTI due to losses earned by its foreign subsidiary.
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in response to the COVID-19 pandemic. The CARES Act, among other things, permits federal NOL carryovers and carrybacks to offset 100% of taxable income for taxable years beginning before 2021. In addition, the CARES Act allows federal NOLs incurred in 2019, 2020, and 2021 to be carried back to each of the five preceding taxable years to generate a refund of previously paid income taxes. Due to the Company's history of net operating losses, the CARES Act did not have a material impact on the Company's financial statements for the years ended December 31, 2022, 2021 or 2020.
The following table summarizes the activity related to the Company's unrecognized tax benefits:
 Year ended December 31,
 202220212020
Balance at beginning of the year$18,819,000 $12,210,000 $11,204,000 
Increases related to current year tax positions2,902,000 6,602,000 1,043,000 
Increases (decreases) related to prior year tax positions(582,000)7,000 27,000 
Other— — (64,000)
Balance at end of the year$21,139,000 $18,819,000 $12,210,000 

The amount of unrecognized tax benefits that, if recognized and realized, would affect the effective tax rate was $19.7 million, $17.4 million and $10.9 million as of December 31, 2022, 2021 and 2020, respectively, subject to valuation allowances. The Company has not recorded any interest and penalties on the unrecognized tax positions as the Company has continued to generate net operating losses after accounting for the unrecognized tax benefits. The Company does not anticipate that the total amount of unrecognized tax benefits will significantly increase or decrease within twelve months of the reporting date.
The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax in multiple state and foreign jurisdictions. With few exceptions, the Company is no longer subject to United States federal income tax examinations for years before 2019 and state and local income tax examinations before 2018. However, to the extent allowed by law, the tax authorities may have the right to examine prior periods where net operating losses were generated and carried forward, and make adjustments up to the amount of the NOL carryforward amount. The Company is not to its knowledge currently under Internal Revenue Service (“IRS”), state, local or foreign tax examination.