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

13. Income Taxes

Loss before the provision for income taxes for the years ended December 31, 2020 and 2019 consisted of the following:

 

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

 

(in thousands)

 

Canada

 

$

(55,446

)

 

$

(27,355

)

Foreign

 

$

704

 

 

$

334

 

 

 

$

(54,742

)

 

$

(27,021

)

 

A reconciliation between tax expense and the product of accounting income multiplied by the statutory income tax rate for years ended December 31, 2020 and 2019 is as follows:

 

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

 

(in thousands)

 

Loss before income taxes

 

$

(54,742

)

 

$

(27,021

)

Income tax at statutory rate

 

 

26.5

%

 

 

26.5

%

Computed income tax recovery

 

 

(14,507

)

 

 

(7,160

)

Effect on income tax resulting from:

 

 

 

 

 

 

 

 

Federal investment tax credit

 

 

(2,347

)

 

 

(985

)

Accounting charges not deductible for tax purposes

 

 

346

 

 

 

277

 

Other

 

 

(306)

 

 

 

(16

)

Change in valuation allowance

 

 

15,489

 

 

 

8,079

 

Tax (benefit) expense

 

$

(1,325

)

 

$

195

 

 

During the year ended December 31, 2020, the Company applied operating loss carryforwards to offset taxable income in Canada, arising primarily from the upfront payment received from the collaboration agreement with Bristol Myers Squibb.

As of December 31, 2020, the Company had tax losses of approximately $19.2 million, which are available to offset future taxable income in Canada. The Company has not recognized the tax benefit of these losses. These losses expire as follows:

 

 

 

 

 

 

 

 

(in thousands)

 

2040

 

$

 

2039

 

 

11,395

 

2038

 

 

7,053

 

2037

 

 

750

 

2036

 

 

 

Total

 

$

19,198

 

 

As of December 31, 2020, the Company had Scientific Research and Experimental Development (“SR&ED”) expenditures of approximately $28.2 million, respectively, for Canadian federal and Quebec purposes, which have not been deducted. These expenditures are available to reduce future taxable income and have an unlimited carryforward period. SR&ED expenditures are subject to verification by the tax authorities and, accordingly, the amounts may vary.

As of December 31, 2020, the Company had non-refundable Canadian federal investment tax credits of approximately $4.3 million, which may be utilized to reduce Canadian federal income taxes payable. The Company has not recognized the tax benefits related to the non-refundable investment tax credits. The investment tax credits expire as follows:

 

 

 

(in thousands)

 

2040

 

$

1,687

 

2039

 

 

1,362

 

2038

 

 

776

 

2037

 

 

455

 

2036

 

 

24

 

Total

 

$

4,304

 

 

As at December 31, 2020, the Company had U.S. federal research and development credit carryforwards of approximately $0.8 million, which begin to expire in 2038. As of December 31, 2020, the Company also had U.S. state research and development credit carryforwards of approximately $0.2 million, which expire in 2038.

 

The Company’s deferred tax assets for the years ended December 31, 2020 and 2019 consisted of the following:

 

 

 

2020

 

 

2019

 

 

 

(in thousands)

 

Net operating loss carryforwards

 

$

5,087

 

 

$

8,442

 

Net research and development expenditures

 

 

7,478

 

 

 

4,195

 

Share issuance costs

 

 

4,506

 

 

 

78

 

Net federal investment tax credits

 

 

3,181

 

 

 

1,877

 

U.S. research and development tax credits

 

 

961

 

 

 

 

Tax basis of property and equipment in excess of carrying values

 

 

(86

)

 

 

(204

)

Operating lease right-of-use assets

 

 

(1,240

)

 

 

(279

)

Operating lease liability

 

 

1,063

 

 

 

287

 

Accrued expense and other liabilities

 

 

345

 

 

 

161

 

Deferred revenue

 

 

15,372

 

 

 

 

Share-based compensation

 

 

103

 

 

 

 

Total deferred tax assets

 

 

36,770

 

 

 

14,557

 

Valuation allowance

 

 

(35,358

)

 

 

(14,425

)

Net deferred tax assets

 

$

1,412

 

 

$

132

 

 

The Company files income tax returns in Canada and in the United States. In the normal course of business, the Company could be subject to examination by federal and provincial or state jurisdictions, where applicable. There are currently no pending tax examinations. The Company may be subject to tax examination for 2016, 2017, 2018, 2019 and 2020 due to unexpired statute of limitation periods.

The calculation of the Company’s tax liabilities involves dealing with uncertainties in the application of complex tax laws and regulations for both federal taxes and the provinces and states in which the Company operates or does business in. ASC 740 states that a tax benefit from an uncertain tax position may be recognized when it is more likely than not that the position will be sustained upon examination, including resolutions of any related appeals or litigation processes, on the basis of the technical merits.

The Company records uncertain tax positions as liabilities in accordance with ASC 740 and adjusts these liabilities when the Company’s judgment changes as a result of the evaluation of new information not previously available. Because of the complexity of some of these uncertainties, the ultimate resolution may result in a payment that is materially different from the current estimate of the unrecognized tax benefit liabilities. These differences will be reflected as increases or decreases to income tax expense in the period in which new information is available. As of December 31, 2020 and 2019, no uncertain tax positions have been recorded in the consolidated financial statements.

The Company recognizes interest and penalties related to unrecognized tax benefits on the income tax expense line in the accompanying consolidated statement of operations and comprehensive loss. As of December 31, 2020 and 2019, no accrued interest or penalties are included on the related tax liability line in the consolidated balance sheet.