Annual report pursuant to Section 13 and 15(d)

Provision for Income Taxes

v3.20.4
Provision for Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Provision for Income Taxes

NOTE 10. PROVISION FOR INCOME TAXES

The components of the Company’s loss before the provision for income taxes consisted of the following:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

United States of America

 

$

(47,831

)

 

$

(63,624

)

Foreign

 

 

31

 

 

 

94

 

Total

 

$

(47,800

)

 

$

(63,530

)

 

 

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

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Current

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State

 

 

70

 

 

 

19

 

Foreign

 

 

6

 

 

 

18

 

Total Current Provision

 

 

76

 

 

 

37

 

 

 

 

 

 

 

 

 

 

Deferred

 

 

 

 

 

 

 

 

Federal

 

 

(11,573

)

 

 

(14,188

)

State

 

 

(4,532

)

 

 

(1,073

)

Foreign

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Change in valuation allowance

 

 

16,105

 

 

 

13,772

 

Total deferred (benefit) provision

 

 

 

 

 

(1,489

)

Total provision (benefit)

 

$

76

 

 

$

(1,452

)

 

A reconciliation of the statutory U.S. federal income tax rate to the Company's effective tax rate for the years ended December 31, 2020 and 2019 is as follows:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Tax, computed at the federal statutory rate

 

 

21.00

%

 

 

21.00

%

State taxes, net of federal tax benefit

 

 

9.36

 

 

 

1.17

 

Meals, entertainment and other

 

 

3.17

 

 

 

(0.55

)

Benefit from basis difference in acquired asset

 

 

 

 

 

2.34

 

Change in valuation allowance

 

 

(33.69

)

 

 

(21.68

)

(Provision for) benefit from income taxes

 

 

(0.16

)%

 

 

2.28

%

 

The significant components of the Company’s deferred income tax assets and liabilities as of December 31, 2020 and 2019 were as follows:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Net operating losses

 

$

44,711

 

 

$

38,674

 

Stock-based compensation

 

 

15,866

 

 

 

10,702

 

Accrued expenses

 

 

2,352

 

 

 

180

 

Research credits

 

 

3,193

 

 

 

710

 

Other

 

 

518

 

 

 

577

 

Gross deferred tax assets

 

 

66,640

 

 

 

50,843

 

Less:  valuation allowance

 

 

(65,110

)

 

 

(49,005

)

Total deferred tax assets

 

 

1,530

 

 

 

1,838

 

 

 

 

 

 

 

 

 

 

Other - fixed assets and intangibles

 

 

(1,530

)

 

 

(1,838

)

Total deferred tax liabilities

 

 

(1,530

)

 

 

(1,838

)

Net deferred tax assets

 

$

 

 

$

 

 

 

The Company has evaluated the available positive and negative evidence supporting the realization of its gross deferred tax assets, including its cumulative losses, and the amount and timing of future taxable income, and has determined it is more likely than not that the assets will not be realized. Accordingly, the Company recorded a full valuation allowance as of December 31, 2020 and 2019 against its U.S. federal and state deferred tax assets as of December 31, 2020 and 2019.

The change in the valuation allowance for the years ended December 31, 2020 and 2019 is as follows:

 

 

 

Year Ended

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Valuation allowance, at beginning of year

 

$

49,005

 

 

$

35,233

 

Increase in valuation allowance

 

 

16,105

 

 

 

13,772

 

Valuation allowance, at end of year

 

$

65,110

 

 

$

49,005

 

 

As of December 31, 2020, the Company has federal and state income tax net operating loss carryforwards of approximately $186,324 and $87,251, respectively. The U.S. federal and state net operating losses are projected to expire in 2034 and 2021, respectively, unless previously utilized. Net operating loss carryforwards generated after January 1, 2018 may be carried forward indefinitely, subject to the 80% taxable income limitation on the utilization of the carryforwards. In addition, the Company had federal and state research and development credit carryforwards of approximately $2,421 and $1,807, respectively, as of December 31, 2020. The federal research and development credit will begin to expire in 2036 if unused and the state research and expenditure credit may be carried forward indefinitely. Certain tax attributes may be subject to an annual limitation in the event there has been or is a change of ownership as defined under Internal Revenue Code Section 382.

 

At December 31, 2020 and 2019, the Company had approximately $720 and $0, respectively, of unrecognized tax benefits all of which would impact the Company’s effective tax rate if recognized. If recognized, $655 would result in a deferred tax asset for tax attribute carryforwards, which is expected to require a full valuation allowance based on present circumstances. The Company estimates that none of its unrecognized tax benefits will decrease in the next twelve months.

The Company is subject to taxation in the United States and various states. Certain U.S. federal tax returns and state tax returns are open for examination for tax years 2016 and forward. The Company is not currently under examination from income tax authorities in the jurisdictions in which the Company does business.

On March 27, 2020, the U.S federal government enacted the Coronavirus Aid, Relief and Economic Security Act (the "CARES Act"). The CARES Act is an emergency economic stimulus package in response to the coronavirus outbreak which, among other things, contains numerous income tax provisions. Some of these tax provisions are effective retroactively for years ended before the date of the enactment.  The provisions of the CARES Act did not materially impact the Company's tax position.