Income Taxes | Income Taxes The components of loss before provision for income taxes by U.S. and foreign jurisdictions consist of the following (in thousands): Fiscal Year Ended June 30, 2023 2022 2021 Domestic $ (25,250) $ (480,982) $ (603,257) Foreign (285,886) 10,044 88,842 Total $ (311,136) $ (470,938) $ (514,415) The provision for income taxes consists of the following (in thousands): Fiscal Year Ended June 30, 2023 2022 2021 Current: Federal $ 4,327 $ 280 $ 155 State 1,045 570 367 Foreign 162,072 51,040 73,017 Total 167,444 51,890 73,539 Deferred: Federal 1,467 (44) (777) State (1,066) (1,641) (1,053) Foreign 7,780 (1,633) (7,145) Total 8,181 (3,318) (8,975) Total provision for income taxes $ 175,625 $ 48,572 $ 64,564 The effective income tax rate differs from the federal statutory income tax rate applied to the loss before income taxes due to the following (in thousands): Fiscal Year Ended June 30, 2023 2022 2021 Tax at federal statutory rate $ (65,339) $ (98,897) $ (108,027) State, net of the federal benefit 13,042 13,363 9,144 Effects of non-U.S. operations 15,163 (6,879) 5,436 Tax credits (99,398) (107,956) (73,280) Stock-based compensation 80,471 (41,692) (69,276) Non-deductible executive compensation 6,022 13,580 6,552 Non-deductible charges relating to the Notes — 89,188 131,769 Intellectual property transfer — — 5,460 Australian R&D deductions forgone in lieu of R&D credit 30,303 32,661 22,404 Foreign taxes 2,457 4,491 1,052 Basis difference in investments (43,564) (36,853) (13,789) Change in reserves 132,528 14,179 10,091 Change in valuation allowance 98,613 172,033 136,284 Other 5,327 1,354 744 Provision for income taxes $ 175,625 $ 48,572 $ 64,564 Effective Tax Rate (%) (56) % (10) % (13) % Significant components of the Company's deferred tax assets and deferred tax liabilities are shown below (in thousands). Where necessary, a valuation allowance has been recognized to offset our deferred tax assets by the amount of any tax benefits that are not expected to be realized. As of June 30, 2023 2022 Deferred tax assets: Property and equipment $ 5,528 $ 8,531 Net operating loss carryforwards 857,944 1,013,750 Credit carryforwards 183,520 154,487 Operating lease liabilities 64,774 74,269 Basis differences in investments 1,690,440 1,601,047 Stock-based compensation 7,246 (33,095) Provisions, accruals and prepayments 36,255 38,763 Deferred revenue 208,541 146,044 Capitalized research and development 28,330 — IRC 163(j) carryforward 84 27,032 Intangible assets 641 (3,210) Total deferred tax assets $ 3,083,303 $ 3,027,618 Less valuation allowance (3,019,080) (2,941,191) Total deferred tax assets, net of valuation allowance $ 64,223 $ 86,427 Deferred tax liabilities: Unrealized foreign currency exchange losses $ 3,087 $ 1,338 Unrealized investment gains 11,684 9,373 Operating right of use assets 48,119 69,166 Other, net 2,057 (3,473) Total deferred tax liabilities $ 64,947 $ 76,404 Net deferred tax assets (liabilities) $ (724) $ 10,023 The Company recorded a valuation allowance of $3.0 billion, $2.9 billion and $2.8 billion as of June 30, 2023, 2022, and 2021, respectively, primarily relating to the basis difference of the US investment in a wholly owned partnership, U.S. and Australian net operating loss and credit carryforwards, and the deferred revenue deferred tax assets. The change in valuation allowance as of June 30, 2023, 2022 and 2021, was primarily related to an increase in the basis difference of the US investment in a wholly owned partnership and an increase in the deferred revenue deferred tax assets and certain credit carryforwards, offset by the utilization of U.S. federal and state net operating losses. The Company regularly assesses the realizability of its deferred tax assets and establishes a valuation allowance if it is more likely than not that some or all of its deferred tax assets will not be realized. The Company evaluates and weighs all positive and negative evidence such as historic results, future reversals of deferred tax liabilities, projected future taxable income, as well as prudent and feasible tax planning strategies. The assessment requires significant judgement and is performed in each of the applicable jurisdictions. The Company intends to maintain a full valuation allowance on its federal deferred tax assets in the U.S. and Australia until there is sufficient positive evidence to support their reversal. As of June 30, 2023, the Company had U.S. federal, state, and foreign net operating loss carryforwards of $886.0 million tax effected. Of the $788.3 million tax effected U.S. federal net operating loss carryforwards, $788.0 million may be carried forward indefinitely, and the remaining $0.3 million will begin to expire in 2032. The state net operating loss carryforwards of $94.5 million tax effected begin to expire in 2024. As of June 30, 2023, the Company also had research and development federal and state tax credits of $191.4 million. The federal tax credit carryforwards will expire beginning in 2035 if not utilized. The state tax credit carryforwards do not expire except for the State research and development credits of Texas which begins to expire in June 2038. Utilization of the Company’s US net operating loss and tax credit carryforwards may be subject to annual limitation due to the ownership change limitations provided by the Internal Revenue Code and similar state provisions. Such an annual limitation could result in the expiration of the net operating loss and tax credit carryforwards before utilization. As of June 30, 2023, the Company also had Indian AMT credits of $3.7 million that will begin to expire in 2036 and Polish R&D credits of $5.3 million, which will begin to expire in 2027, but which may also be used to satisfy payroll tax liabilities in the future. The Inflation Reduction Act of 2022 (the “IRA”) was enacted on August 16, 2022 and includes various corporate tax provisions, including a new Corporate Alternative Minimum Tax (“Corporate AMT”) on applicable corporations with adjusted financial statement income exceeding $1 billion, on average, over the last three years. The Corporate AMT is effective for tax years beginning after December 31, 2022. As of June 30, 2023, the newly enacted IRA tax provisions are not material to the Company. U.S. income tax has not been recognized on the excess of the amount for financial reporting over the tax basis of investment in foreign subsidiaries that is indefinitely reinvested outside the United States. Un-remitted earnings become taxable upon repatriation of assets from the subsidiary or a sale or liquidation of the subsidiary. The amount of such unremitted earnings is approximately $458.8 million as of June 30, 2023, and the corresponding unrecognized deferred tax liability is not material. The Company recognizes the tax benefit of an uncertain tax position only if it concludes it is more likely than not that the position is sustainable upon examination by the taxing authority, based on the technical merits. The tax benefit recognized is measured as the largest amount of benefit which is greater than 50 percent likely to be realized upon settlement with the taxing authority. A reconciliation of the beginning and ending balance of total unrecognized tax benefits is as follows (in thousands): Fiscal Year Ended June 30, 2023 2022 2021 Beginning of the period $ 53,483 $ 37,944 $ 26,841 Tax positions taken in prior period: Gross increases 112,781 1,031 147 Gross decreases (198) — (56) Tax positions taken in current period: Gross increases 15,171 14,542 11,044 Settlements (57,004) — — Lapse of statute of limitations (32) (34) (32) Currency translation effect (1,899) — — End of period $ 122,302 $ 53,483 $ 37,944 As of June 30, 2023, 2022 and 2021, the Company had gross unrecognized tax benefits of approximately $113.2 million, $2.5 million, and $1.9 million, respectively, that would impact the effective tax rate if recognized. The Company files income tax returns in the U.S. federal jurisdiction, various state jurisdictions, Australia, and in various other international jurisdictions. Tax years 2012 and forward generally remain open for examination for federal and state tax purposes. Tax years 2017 and forward generally remain open for examination for foreign tax purposes. To the extent utilized in future years’ tax returns, net operating loss carryforwards as of June 30, 2023 and 2022 will remain subject to examination until the respective tax year is closed. There are differing interpretations of tax laws and regulations, and as a result, disputes may arise with tax authorities involving issues of the timing and amount of deductions and allocations of income among various tax jurisdictions. The Company believes that adequate amounts have been reserved for any adjustments that may ultimately result from these examinations. Although the timing of the resolution, settlement, and closure of any audit is highly uncertain, it is reasonably possible that the balance of gross unrecognized tax benefits could significantly change in the next 12 months. Since fiscal year 2020, the Company has been in unilateral advanced pricing agreement (“APA”) negotiations with the Australian Taxation Office relating to the Company’s transfer pricing arrangements between Australia and the U.S. During fiscal year 2023, a framework was agreed upon to finalize the Company’s transfer pricing arrangements for the proposed APA period (tax years ended June 30, 2019 to June 30, 2025). It is reasonably possible that uncertain tax benefits could decrease by up to $53.7 million in the next twelve months due to anticipated resolutions with ATO of APA negotiations. While the Company’s recorded tax reserves are the best estimate of its liabilities, differences may occur in the future, depending on final resolution of the APA negotiations. In addition to the Australian APA, the Company believes it is reasonably possible the balance of unrecognized tax benefits could change in the next 12 months due to the completion of ongoing income tax audits. The estimated range of the change is a decrease of $1.5 million to an increase of $9.3 million. The Company has recognized interest and penalties related to unrecognized tax benefits in the income tax provision of approximately $5.8 million during fiscal year 2023, and the accrual balances were $5.8 million as of June 30, 2023 . The Company had not recognized any interest and penalties related to unrecognized tax benefits during fiscal years 2022 and 2021. |