Income Taxes | Income Taxes Significant components of the provision for income taxes were as follows (in thousands): December 31, 2021 2020 2019 Current: Federal $ 148,827 $ 198,498 $ 1,559 State 42,377 34,608 746 Foreign 2,291 1,136 2,007 Total current provision 193,495 234,242 4,312 Deferred: Federal 7,168 (2,855) 1,234 State (2,540) (1,104) (1,186) Foreign (1,990) (251) (103) Total deferred provision (benefit) 2,638 (4,210) (55) Provision for income taxes $ 196,133 $ 230,032 $ 4,257 The Company’s income before income taxes was subject to taxes in the following jurisdictions for the following periods (in thousands): December 31, 2021 2020 2019 United States $ 891,261 $ 1,035,752 $ 70,606 Foreign 9,098 4,567 6,572 Income before income taxes $ 900,359 $ 1,040,319 $ 77,178 Significant components of the Company’s deferred tax assets and deferred tax liabilities as of December 31, 2021 and 2020 are shown below (in thousands): December 31, 2021 2020 Deferred tax assets: Lease liability $ 32,692 $ 24,790 Intangible assets 2,226 2,747 Allowance for returns and discounts 25,661 27,277 Stock-based compensation 9,171 8,367 Tax credit carryforwards 10,697 11,770 Other, net 15,486 10,426 Total deferred tax assets 95,933 85,377 Valuation allowance for deferred tax assets (2,327) (2,281) Total deferred tax assets, net of valuation allowance 93,606 83,096 Deferred tax liabilities: Right-of-use assets (30,114) (22,969) Intangible assets (946) (1,133) Property, plant and equipment (42,457) (14,232) Total deferred tax liabilities (73,517) (38,334) Net deferred tax assets $ 20,089 $ 44,762 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, 2021, 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, 2021, the valuation allowance did not materially change from the prior year. The valuation allowance of $2.3 million a s of December 31, 2021 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, 2021, the Company had no federal net operating loss (“NOL”) carryforwards. The Company had state NOLs of approximately $5.9 million, wh ich will begin to expire in 2030 unless previously utilized. The Company has no federal research credit carryforwards. 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 $11.8 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-year period. As of December 31, 2021, 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 for income taxes from continuing operations was as follows (in thousands): Year ended December 31, 2021 2020 2019 Tax expense at statutory tax rate $ 189,081 $ 218,467 $ 16,207 State tax expense, net of federal tax 30,147 30,289 1,061 Permanent differences 1,834 3,843 611 Federal and state research credits—current year (7,717) (5,037) (4,269) Stock-based compensation (9,235) (13,867) (10,408) Change in valuation allowance (103) (72) 523 Foreign Derived Intangible Income Deduction (FDII) (8,419) (8,589) (159) Other 545 4,998 691 Provision for income taxes $ 196,133 $ 230,032 $ 4,257 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, 2021 2020 2019 Beginning balance $ 22,557 $ 17,236 $ 15,245 Increases (decreases) related to prior year tax positions 478 (2,351) 287 Increases related to current year tax positions 968 7,726 2,209 Decreases from voluntary disclosure agreements (6,338) — — Expiration of statute of limitations for assessment of taxes — (54) (505) Ending balance $ 17,665 $ 22,557 $ 17,236 As of December 31, 2021, 2020 and 2019, the Company had unrecognized tax benefits of $17.7 million, $22.6 million , and $17.2 million, respectively, of wh ich $11.3 million, $15.0 million and $11.1 million, respectively, would reduce the Company’s annual effective tax rate, if recognized. It is reasonabl y 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 of 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 $1.2 million as of December 31, 2021, $0.5 million as of December 31, 2020 and $0.4 million as of December 31, 2019. Interest expense, net of accrued interest (reversed) for the years ended December 31, 2021, 2020 and 2019 was approximately $0.7 million , $0.1 million and $0.1 million, respectively. The Company is subject to periodic audits by domestic and foreign tax authorities. As of December 31, 2021, the Company no longer has any federal NOL 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 NOLs 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. |