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

12. Income Taxes

Provision for income taxes was $0.1 million for the year ended December 31, 2020. No provision for income taxes was recorded for the years ended December 31, 2019 and 2018. The Company has established a full valuation allowance against its net deferred tax assets due to the uncertainty surrounding the realization of such assets. All losses to date have been incurred domestically.

The effective tax rate of the Company’s provision (benefit) for income taxes differs from the federal statutory rate as follows:

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Federal statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

State tax

 

 

(0.1

)

 

 

-

 

 

 

-

 

Change in valuation allowance

 

 

(34.7

)

 

 

(22.7

)

 

 

(32.7

)

Tax credits

 

 

9.3

 

 

 

4.9

 

 

 

7.5

 

Stock compensation

 

 

(1.9

)

 

 

(1.3

)

 

 

(0.5

)

ASC 606 adoption

 

 

-

 

 

 

(3.9

)

 

 

-

 

Other

 

 

6.1

 

 

 

2.0

 

 

 

4.7

 

Total

 

 

(0.3

)%

 

 

0.0

%

 

 

0.0

%

The components of the Company’s deferred tax assets consist of the following:

 

 

 

December 31

 

 

 

2020

 

 

2019

 

 

 

(in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

47,549

 

 

$

31,010

 

Research and development credits

 

 

25,175

 

 

 

20,098

 

Deferred revenue

 

 

3,629

 

 

 

7,680

 

Accruals and other

 

 

6,460

 

 

 

3,718

 

Fixed asset basis

 

 

917

 

 

 

795

 

Total deferred tax assets

 

 

83,730

 

 

 

63,301

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Vaxcyte investment

 

 

(9,298

)

 

 

-

 

Total deferred tax liabilities

 

 

(9,298

)

 

 

-

 

Valuation allowance

 

 

(74,432

)

 

 

(63,301

)

Net deferred taxes

 

$

-

 

 

$

-

 

 

Realization of the future tax benefits is dependent on the Company’s ability to generate sufficient taxable income within the carryforward period. Due to the Company’s history of operating losses and future sources of taxable income, the Company believes that the recognition of the deferred tax assets is currently not more likely than not to be realized and, accordingly, have provided a full valuation allowance against net deferred tax assets. For the year ended December 31, 2020, the net increase in the valuation allowance was $11.1 million, and for the year ended December 31, 2019, the net increase in the valuation allowance was $12.6 million.

As of December 31, 2020, the Company had federal net operating loss carryforwards of $193.3 million and federal general business credits from research and development expenses totaling $19.3 million, as well as state net operating loss carryforwards of $90.8 million and state research and development credits of $13.9 million.

The federal net operating loss carryforwards will expire at various dates beginning in 2032, and the federal credits will expire at various dates beginning in 2023, if not utilized. The state net operating loss carryforwards will expire at various dates beginning in 2030, if not utilized. The state research and development tax credits can be carried forward indefinitely.

Events which cause limitations in the amount of net operating losses that the Company may utilize in any one year include, but are not limited to, a cumulative ownership change of more than 50%, as defined, over a three-year testing period. Such limitations may result in limitations upon the Company’s ability to utilize the losses in future periods. The Company has performed a Section 382 study for the period of June 16, 2003 through December 31, 2019, and concluded that it is more likely than not that the Company experienced an ownership change on November 20, 2019. This change does not limit the Company’s ability to use its existing net operating losses within the carryforward period provided by the Internal Revenue Code, subject to availability of taxable income. However, if there is subsequent event or further change in ownership, these losses may be subject to limitations, resulting in their expiration before they can be utilized.

The Company files U.S. federal and state tax returns with varying statutes of limitations. Due to net operating loss and credit carryforwards, all of the tax years since inception through the 2019 tax year remain subject to examination by the U.S. federal and some state authorities. The actual amount of any taxes due could vary significantly depending on the ultimate timing and nature of any settlement. The amount of unrecognized tax benefits, if recognized, that would affect the effective tax rate is $4.9 million, $3.8 million and $2.8 million as of December 31, 2020, 2019 and 2018, respectively. One or more of these unrecognized tax benefits could be subject to a valuation allowance if and when recognized in a future period, which could impact the timing of any related effective tax rate benefit. The Company believes that the amount by which the unrecognized tax benefits may increase or decrease within the next 12 months is not estimable.

The Company has elected to recognize, if incurred, interest and penalties related to liabilities for uncertain tax positions as a part of income tax expense. No such interest and penalties have been incurred to date.

The Company determines its uncertain tax positions based on a determination of whether and how much of a tax benefit taken by the Company in its tax filings is more likely than not to be sustained upon examination by the relevant income tax authorities.

A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows:

 

 

 

December 31

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(in thousands)

 

Gross unrecognized tax benefit at January 1

 

$

3,783

 

 

$

2,795

 

 

$

2,305

 

Additions for tax positions taken in the current year

 

 

1,090

 

 

 

1,005

 

 

 

741

 

Additions / (Reductions) for tax positions of prior years

 

 

29

 

 

 

(17

)

 

 

(251

)

Gross unrecognized tax benefit at December 31

 

$

4,902

 

 

$

3,783

 

 

$

2,795