Income Taxes | Income Taxes Significant components of the provision (benefit) for income taxes are as follows (in thousands): December 31, 2020 2019 2018 Current: Federal $ 198,498 $ 1,559 $ — State 34,608 746 755 Foreign 1,136 2,007 6,575 Total current provision 234,242 4,312 7,330 Deferred: Federal (2,855) 1,234 (9,970) State (1,104) (1,186) (7,944) Foreign (251) (103) (215) Total deferred (benefit) provision (4,210) (55) (18,129) Provision (benefit) for income taxes $ 230,032 $ 4,257 $ (10,799) The Company’s income before income taxes was subject to taxes in the following jurisdictions for the following periods (in thousands): December 31, 2020 2019 2018 United States $ 1,035,752 $ 70,606 $ 46,592 Foreign 4,567 6,572 16,792 Income before income taxes $ 1,040,319 $ 77,178 $ 63,384 Significant components of the Company’s deferred tax assets and deferred tax liabilities as of December 31, 2020 and 2019 are shown below (in thousands): December 31, 2020 2019 Deferred tax assets: Lease liability $ 24,790 $ 22,009 Intangible assets 2,747 3,951 Allowance for returns and discounts 27,277 5,266 Stock-based compensation 8,367 5,197 Tax credit carryforwards 11,770 13,846 Other, net 10,426 6,610 Total deferred tax assets 85,377 56,879 Valuation allowance for deferred tax assets (2,281) (2,353) Total deferred tax assets, net of valuation allowance 83,096 54,526 Deferred tax liabilities: Right-of-use assets (22,969) (20,334) Intangible assets (1,133) (1,633) Property, plant and equipment (14,232) (8,057) Total deferred tax liabilities (38,334) (30,024) Net deferred tax assets $ 44,762 $ 24,502 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, 2020, 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 year ended December 31, 2020, the Company decreased the valuation allowance by $0.1 million related to the U.S. Foreign Tax Credit. The valuation allowance of $2.3 million as of December 31, 2020 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, 2020, the Company had no federal net operating loss (“NOL”) carryforwards. The Company had state NOLs of approximately $5.9 million which will begin to expire in 2030 unless previously utilized. The Company has no federal research credits. The Company has federal foreign tax credits of $2.3 million which will begin to expire on December 31, 2028 unless previously utilized. The Company has state research credits of $12.3 million, of which none expire. 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 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, 2020 2019 2018 Tax expense at statutory tax rate $ 218,467 $ 16,207 $ 13,311 State tax expense, net of federal tax 30,289 1,061 1,526 Permanent differences 3,843 611 635 Federal and state research credits—current year (5,037) (4,269) (3,628) Stock-based compensation (13,867) (10,408) (9,286) Change in valuation allowance (72) 523 (13,374) Foreign Derived Intangible Income Deduction (FDII) (8,589) (159) (786) Other 4,998 691 803 Provision (benefit) for income taxes $ 230,032 $ 4,257 $ (10,799) 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, 2020 2019 2018 Beginning balance $ 17,236 $ 15,245 $ 9,565 (Decreases) increases related to prior year tax positions (2,351) 287 (558) Increases related to current year tax positions 7,726 2,209 6,238 Expiration of the statute of limitations for the assessment of taxes (54) (505) — Ending balance $ 22,557 $ 17,236 $ 15,245 As of December 31, 2020, 2019 and 2018, the Company had unrecognized tax benefits of $22.6 million, $17.2 million, and $15.2 million respectively, of which $15.0 million and $11.1 million and $9.3 million, respectively, would reduce the Company’s annual effective tax rate, if recognized. It is reasonably possible that the amount of unrecognized tax benefits in various jurisdictions may decrease in the next 12 months due to settlements with tax authorities. However, due to the uncertainty surrounding the timing of these events, an estimate in the change within the next 12 months cannot be made at this time. 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 had accrued interest and penalties associated with uncertain tax positions of $0.5 million as of December 31, 2020, $0.4 million as of December 31, 2019 and $0.3 million as of December 31, 2018. Interest expense, net of accrued interest (reversed), was approximately $0.1 million for the years ended December 31, 2020, 2019 and 2018. The Company is subject to periodic audits by domestic and foreign tax authorities. As of December 31, 2020, the Company no longer has any federal net operating loss or credit carryforwards. However, because of utilization of tax attributes generated in tax years 2012 and later on its tax returns still open by statute, the Company’s federal tax years from 2012 and forward are still subject to examination by tax authorities. Due to the carryforward of unutilized California net operating losses and credits, the Company’s California tax returns for 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. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted on March 27, 2020. The CARES Act provides for, among other things, refundable payroll tax credits, deferment of employer side social security payments and technical amendments regarding the income tax depreciation of qualified improvement property placed in service after December 31, 2017. The Company is benefiting only from the technical amendments regarding retroactive accelerated income tax depreciation on certain of our leasehold improvement assets. |