Income Taxes | Income Taxes Significant components of the provision (benefit) for income taxes are as follows (in thousands): December 31, 2019 2018 2017 Current: Federal $ 1,559 $ — $ (615 ) State 746 755 314 Foreign 2,007 6,575 57 Total current provision (benefit) 4,312 7,330 (244 ) Deferred: Federal 1,234 (9,970 ) 131 State (1,186 ) (7,944 ) 238 Foreign (103 ) (215 ) 4 Total deferred (benefit) provision (55 ) (18,129 ) 373 Provision (benefit) for income taxes $ 4,257 $ (10,799 ) $ 129 The Company’s income (loss) before income taxes was subject to taxes in the following jurisdictions for the following periods (in thousands): December 31, 2019 2018 2017 United States $ 70,606 $ 46,592 $ (8,198 ) Foreign 6,572 16,792 162 Income (loss) before income taxes $ 77,178 $ 63,384 $ (8,036 ) Significant components of the Company’s deferred tax assets and deferred tax liabilities as of December 31, 2019 and 2018 are shown below (in thousands): December 31, 2019 2018 Deferred tax assets: Lease liability $ 22,009 $ — Net operating loss carryforwards 591 711 Intangible assets 3,951 3,502 Sale-leaseback, net 593 617 Allowance for returns and discounts 5,266 4,541 Stock-based compensation 5,197 5,333 Tax credit carryforwards 13,846 12,246 Other, net 5,426 6,883 Total deferred tax assets 56,879 33,833 Valuation allowance for deferred tax assets (2,353 ) (1,830 ) Total deferred tax assets, net of valuation allowance 54,526 32,003 Deferred tax liabilities: Convertible Senior Notes — (636 ) Right-of-use assets (20,334 ) — Intangible assets (1,633 ) (2,165 ) Property, plant and equipment (8,057 ) (7,010 ) Total deferred tax liabilities (30,024 ) (9,811 ) Net deferred tax assets $ 24,502 $ 22,192 Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets. For the three years ended December 31, 2019, the Company has demonstrated positive cumulative pre-tax book income. Such objective positive evidence allowed the Company to consider other subjective evidence, such as the Company’s projections for future profitability, to determine the realizability of its deferred tax assets. On the basis of this evaluation, during the quarter ended December 31, 2019, the Company increased the valuation allowance by $0.5 million related to the U.S. Foreign Tax Credit, which is shown as a deferred detriment during the period. The valuation allowance of $2.4 million as of December 31, 2019 represents the portion of the deferred tax asset that management could not conclude was more likely than not to be realized. The amount of the deferred tax assets considered realizable could be adjusted in the future based on changes in available positive and negative evidence. As of December 31, 2019 , the Company had no federal net operating loss (“NOL”) carryforwards. The Company had state NOLs of approximately $31.3 million which will begin to expire in 2029 unless previously utilized. The Company has federal research credits of $3.8 million which will begin to expire on December 31, 2032 unless previously utilized. The Company has federal foreign tax credits of $2.4 million which will begin to expire on December 31, 2028 unless previously utilized. The Company has state research credits of $14.7 million , of which $14.2 million do not expire. The remaining $0.5 million will begin to expire in 2028 unless previously utilized. Pursuant to Internal Revenue Code Sections 382 and 383, the Company’s use of its NOL and tax credit carryforwards may be limited as a result of cumulative changes in ownership of more than 50% over a three -year period. As of December 31, 2019 , the Company does not believe any historical ownership change has limited the use of its NOLs or tax credit carryforwards. The reconciliation of income tax computed at the federal statutory rate to the provision (benefit) for income taxes from continuing operations is as follows (in thousands): Year ended December 31, 2019 2018 2017 Tax expense (benefit) at statutory tax rate $ 16,207 $ 13,311 $ (2,812 ) State tax (benefits), net of federal tax 1,061 1,526 (239 ) Permanent differences 611 635 327 Federal and state research credits—current year (4,269 ) (3,628 ) (484 ) Accrual of uncertain tax positions — — 142 Stock-based compensation (10,408 ) (9,286 ) (5,851 ) Impact of change in federal and state tax rate on revaluing deferred tax assets — — 3,357 Change in valuation allowance 523 (13,374 ) 5,799 Foreign Derived Intangible Income Deduction (FDII) (159 ) (786 ) — Other 691 803 (110 ) Provision (benefit) for income taxes $ 4,257 $ (10,799 ) $ 129 On December 22, 2017, the Tax Cuts and Jobs Act (the “Tax Act”) was enacted into legislation, which includes a broad range of provisions affecting businesses. The Tax Act significantly revises how companies compute their U.S corporate tax liability by, among other provisions, reducing the corporate tax rate from 35% to 21% for tax years beginning after December 31, 2017, implementing a territorial tax system, and requiring a mandatory one-time tax on U.S. owned undistributed foreign earnings and profits known as the transition tax. Pursuant to the SEC Staff Accounting Bulletin No. 118, Income Tax Accounting Implications of the Tax Cuts and Jobs Act (“SAB 118”), a company may select between one of three scenarios to determine a reasonable estimate arising from the Tax Act. Those scenarios are (i) a final estimate which effectively closes the measurement window; (ii) a reasonable estimate leaving the measurement window open for future revisions; and (iii) no estimate as the law is still being analyzed. The Company was able to provide a reasonable estimate for the provisional revaluation of deferred taxes and the effects of the transition tax on undistributed foreign earnings and profits for the period ended December 31, 2017. During the quarter ended December 31, 2018, the Company completed its accounting for the impacts of the Tax Act. Additionally, the Company has elected to treat global intangible low taxed income (GILTI) as a period cost and will expense GILTI in the period it is incurred. Because of the Company’s current operational structure, there is minimal expected GILTI impacts for the year ended December 31, 2019 and future years. The Company recognizes liabilities for uncertain tax positions based on a two-step process. The first step is to evaluate the tax position for recognition by determining if the weight of available evidence indicates that it is more likely than not that the position will be sustained on audit, including resolution of related appeals or litigation processes, if any. The second step is to measure the tax benefit as the largest amount that is more than 50% likely of being realized upon settlement. While the Company believes that it has appropriate support for the positions taken on its tax returns, the Company regularly assesses the potential outcome of examinations by tax authorities in determining the adequacy of its provision for income taxes. The following table summarizes the activity related to the Company’s unrecognized tax benefits (in thousands): Year ended December 31, 2019 2018 2017 Beginning balance $ 15,245 $ 9,565 $ 8,604 Increases (decreases) related to prior year tax positions 287 (558 ) 10 Increases related to current year tax positions 2,209 6,238 951 Expiration of the statute of limitations for the assessment of taxes (505 ) — — Ending balance $ 17,236 $ 15,245 $ 9,565 As of December 31, 2019 , 2018 and 2017 , the Company had unrecognized tax benefits of $17.2 million , $15.2 million , and $9.6 million respectively, of which $11.1 million and $9.3 million and $8.1 million , respectively, would reduce the Company’s annual effective tax rate. The Company does not anticipate any significant decreases in its unrecognized tax benefits over the next 12 months. The Company’s policy is to recognize the interest expense and penalties related to income tax matters as a component of the income tax expense. The Company has accrued approximately $0.4 million of interest and penalties associated with uncertain tax positions as of December 31, 2019 and $0.3 million for both of the years ended December 31, 2018 and 2017 . Interest expense, net of accrued interest (reversed), was approximately $0.1 million for the years ended December 31, 2019 , 2018 and 2017 . The Company is subject to periodic audits by domestic and foreign tax authorities. The Company is currently under audit with the State of Texas. Due to the carryforward of unutilized net operating loss and credit carryovers, the Company’s federal tax years from 2012 and forward and state tax years 2001 and forward are subject to examination by tax authorities. The Company believes that it has appropriate support for the income tax positions taken on its tax returns and that its accruals for tax liabilities are adequate for all open years based on an assessment of many factors, including past experience and interpretations of tax law applied to the facts of each matter. |