Income Taxes (Tables)
|
12 Months Ended |
Dec. 31, 2022 |
| Income Tax Disclosure [Abstract] |
|
| Loss from Continuing Operations Before Provision for Income Taxes |
Loss from continuing operations before provision for income taxes for the Company’s domestic and international operations was as follows (in thousands):
|
|
|
Year Ended December 31, |
|
|
|
|
2022 |
|
|
2021 |
|
|
2020 |
|
|
United States |
|
$ |
(87,400 |
) |
|
$ |
(80,926 |
) |
|
$ |
(57,458 |
) |
|
Foreign |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
Loss before provision for income taxes |
|
$ |
(87,400 |
) |
|
$ |
(80,926 |
) |
|
$ |
(57,458 |
) |
|
| Provision for Income Taxes |
The provision for income taxes consists of the following (in thousands):
|
|
|
Year Ended December 31, |
|
|
|
|
2022 |
|
|
2021 |
|
|
2020 |
|
|
Current |
|
|
|
|
|
|
|
|
|
|
|
|
|
U.S. federal |
|
$ |
— |
|
|
$ |
— |
|
|
$ |
— |
|
|
U.S. state |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
Non-U.S. |
|
|
— |
|
|
|
— |
|
|
|
(218 |
) |
|
Total current |
|
|
— |
|
|
|
— |
|
|
|
(218 |
) |
|
Deferred |
|
|
|
|
|
|
|
|
|
|
|
|
|
U.S. federal |
|
|
(5,606 |
) |
|
|
(5,170 |
) |
|
|
(4,377 |
) |
|
U.S. state |
|
|
(4,334 |
) |
|
|
(14,461 |
) |
|
|
(469 |
) |
|
Non-U.S. |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
Total deferred |
|
|
(9,940 |
) |
|
|
(19,631 |
) |
|
|
(4,846 |
) |
|
Valuation allowance |
|
|
9,940 |
|
|
|
19,631 |
|
|
|
4,846 |
|
|
Total |
|
$ |
— |
|
|
$ |
— |
|
|
$ |
(218 |
) |
|
| Components of Net Deferred Tax Assets |
Components of the net deferred tax assets as of December 31, 2022 and 2021, are approximately as follows (in thousands):
|
|
|
December 31, |
|
|
|
|
2022 |
|
|
2021 |
|
|
Deferred tax assets: |
|
|
|
|
|
|
|
|
|
Net operating loss carryforwards |
|
$ |
542,537 |
|
|
$ |
542,800 |
|
|
Research and development credits |
|
|
78,804 |
|
|
|
78,804 |
|
|
Capitalized research costs |
|
|
4,369 |
|
|
|
- |
|
|
Milestone Rights |
|
|
1,331 |
|
|
|
1,440 |
|
|
Accrued expenses |
|
|
2,675 |
|
|
|
2,591 |
|
|
Loss on purchase commitment |
|
|
23,117 |
|
|
|
24,845 |
|
|
Non-qualified stock option expense |
|
|
7,686 |
|
|
|
5,684 |
|
|
Capitalized patent costs |
|
|
8,058 |
|
|
|
7,518 |
|
|
Other |
|
|
3,204 |
|
|
|
2,568 |
|
|
Lease liability |
|
|
1,624 |
|
|
|
588 |
|
|
Interest expense limitation |
|
|
10,991 |
|
|
|
5,696 |
|
|
Depreciation |
|
|
22,157 |
|
|
|
22,983 |
|
|
Deferred Product Revenue & Costs |
|
|
370 |
|
|
|
404 |
|
|
Total net deferred tax assets |
|
|
706,923 |
|
|
|
695,921 |
|
|
Valuation allowance |
|
|
(705,034 |
) |
|
|
(695,094 |
) |
|
Net deferred tax assets |
|
$ |
1,889 |
|
|
$ |
827 |
|
|
|
|
|
|
|
|
|
|
|
|
Deferred tax liabilities: |
|
|
|
|
|
|
|
|
|
Right of use asset |
|
$ |
(1,640 |
) |
|
$ |
(555 |
) |
|
Other prepaids |
|
|
(249 |
) |
|
|
(272 |
) |
|
Total deferred tax liabilities |
|
|
(1,889 |
) |
|
|
(827 |
) |
|
Net deferred tax assets |
|
$ |
— |
|
|
$ |
— |
|
|
| Effective Tax Rate |
The Company’s effective tax rate differs from the statutory federal income tax rate as follows for the years ended December 31, 2022, 2021 and 2020:
|
|
|
Year Ended December 31, |
|
|
|
|
2022 |
|
|
2021 |
|
|
2020 |
|
|
Federal tax benefit rate |
|
|
21.0 |
% |
|
|
21.0 |
% |
|
|
21.0 |
% |
|
Permanent items |
|
|
-1.2 |
% |
|
|
-4.4 |
% |
|
|
-6.1 |
% |
|
Stock based compensation |
|
|
0.4 |
% |
|
|
0.3 |
% |
|
|
-0.5 |
% |
|
Tax attribute expirations |
|
|
-13.2 |
% |
|
|
-5.9 |
% |
|
|
-6.6 |
% |
|
Foreign withholding tax |
|
|
0.0 |
% |
|
|
0.0 |
% |
|
|
0.4 |
% |
|
Valuation allowance |
|
|
-7.2 |
% |
|
|
-11.2 |
% |
|
|
-7.8 |
% |
|
Other |
|
|
0.2 |
% |
|
|
0.2 |
% |
|
|
0.0 |
% |
|
Effective income tax rate |
|
|
0.0 |
% |
|
|
0.0 |
% |
|
|
0.4 |
% |
|
| Summary of Positions for which Significant Change in Unrecognized Tax Benefits |
A reconciliation of beginning and ending amounts of unrecognized tax benefits in 2022, 2021 and 2020, respectively, was as follows (in thousands):
|
|
|
Year Ended December 31, |
|
|
|
|
2022 |
|
|
2021 |
|
|
2020 |
|
|
Unrecognized Tax Benefit |
|
|
|
|
|
|
|
|
|
|
|
|
|
Beginning of Year |
|
$ |
268,902 |
|
|
$ |
268,902 |
|
|
$ |
— |
|
|
Gross increases for tax positions of prior years |
|
|
— |
|
|
|
— |
|
|
|
268,902 |
|
|
Gross decreases for tax positions of current year |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
Settlements |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
Lapse of statute of limitations |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
End of Year |
|
$ |
268,902 |
|
|
$ |
268,902 |
|
|
$ |
268,902 |
|
|