Annual report pursuant to Section 13 and 15(d)

Income Taxes

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

(15)

Income Taxes

The components of loss before income tax are as follows:

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Domestic

 

$

(74,277

)

 

$

(16,417

)

Foreign

 

 

(1,823

)

 

 

(16,140

)

Loss before income taxes

 

$

(76,100

)

 

$

(32,557

)

 

 

The components of income tax provision (benefit) are as follows:

 

 

December 31,

 

 

 

2020

 

 

2019

 

Current:

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State and local

 

 

 

 

 

 

Foreign

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

 

Federal

 

 

(11,196

)

 

 

(3,440

)

State and local

 

 

(4,318

)

 

 

(1,206

)

Foreign

 

 

(228

)

 

 

(2,018

)

 

 

 

(15,742

)

 

 

(6,664

)

Change in valuation allowance

 

 

15,742

 

 

 

6,664

 

 

 

$

 

 

$

 

 

A reconciliation of the statutory U.S. federal income tax rate to the Company’s effective tax rate is as follows:

 

 

 

Year ended December 31,

 

 

 

2020

 

 

2019

 

U.S. federal statutory income tax rate

 

 

21.0

%

 

 

21.0

%

Foreign tax rate differential

 

 

(0.2

)%

 

 

(4.2

)%

State taxes, net of federal benefit

 

 

5.7

%

 

 

3.7

%

Nondeductible expenses

 

 

(5.8

)%

 

 

 

Change in valuation allowance

 

 

(20.7

)%

 

 

(20.5

)%

Effective income tax rate

 

 

 

 

 

 

 

The tax effects of temporary differences that gave rise to significant portions of the deferred tax assets were as follows:

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

15,289

 

 

$

1,065

 

Intangibles

 

 

2,469

 

 

 

2,056

 

Contingent consideration

 

 

11,485

 

 

 

10,924

 

Stock-based compensation

 

 

853

 

 

 

142

 

Operating lease liability

 

 

43

 

 

 

(12

)

Other temporary differences

 

 

420

 

 

 

 

Gross deferred tax asset

 

 

30,559

 

 

 

14,175

 

Valuation allowance

 

 

(29,714

)

 

 

(14,094

)

Net deferred tax asset

 

 

845

 

 

 

81

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Prepaid expenses

 

 

(792

)

 

 

 

Right-of-use asset

 

 

(43

)

 

 

 

Other

 

 

(10

)

 

 

(81

)

Deferred tax liabilities

 

 

(845

)

 

 

(81

)

Net deferred taxes

 

$

 

 

$

 

 

As of December 31, 2020 and 2019, deferred tax assets represent the deferred taxes attributable to the Company following the Separation.

In assessing the realizability of the net deferred tax asset, the Company considers all relevant positive and negative evidence in determining whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The realization of the gross deferred tax assets is dependent on several factors, including the generation of sufficient taxable income prior to the expiration of the net operating loss carryforwards.

In 2020 and 2019, the Company evaluated the need for a valuation allowance against its U.S. and state deferred tax assets based on the available positive and negative evidence available as if the Company was a standalone entity for all periods presented. An important aspect of objective negative evidence evaluated was the Company’s historical operating results over its life to date. The Company is in a three-year cumulative loss position through December 31, 2020. Thus, it is more likely than not that the Company’s U.S. and state deferred tax assets will not be realized, and a full valuation allowance has been recognized against the Company’s U.S. and state deferred tax assets.

The following table summarizes carryforwards of Federal net operating losses and tax credits as of December 31, 2020:

 

 

 

Amount

 

 

Expiration

Federal net operating losses

 

$

49,610

 

 

No expiration

State net operating losses

 

$

50,480

 

 

2039 – 2040

Foreign net operating losses

 

$

900

 

 

No expiration

 

Under the Tax Reform Act of 1986, as amended (the “Act”), the utilization of a corporation’s net operating loss and research and development tax credit carryforwards is limited following a greater than 50% change in ownership during a three-year period. Any unused annual limitation may be carried forward to future years for the balance of the carryforward period. The Company has done an analysis to determine whether or not ownership changes, as defined by the Act, have occurred since inception. The Company determined that its experienced ownership changes, as defined by the Act, during the 2008, 2014 and 2016 tax years as a result of past financings; accordingly, the Company’s ability to utilize the aforementioned carryforwards will be limited. In addition, state net operating loss carryforwards may be further limited, including in Pennsylvania, which has a limitation of 40% of taxable income after modifications and apportionment on state net operating losses utilized in any one year during tax years beginning 2019 going forward.  

The Company will recognize interest and penalties related to uncertain tax positions in income tax expense. As of December 31, 2020, the Company had no accrued interest or penalties related to uncertain tax positions and no amounts have been recognized in the Company’s statements of operations.