9. Income Taxes
 
We adopted ASU 2023-09, Income Taxes (Topic 740): Improvements to Income Tax Disclosures, on a prospective basis for the year ended December 31, 2025.
 
Loss before income taxes is comprised of (in thousands):
 
 Year Ended December 31,
  2025   2024   2023 
United States$(381,180 $(460,712 $(334,707
Foreign 1,579   644   742 
Loss before income taxes$(379,601 $(460,068 $(333,965
 
Our income tax expense (benefit) was as follows (in thousands):
 
 Year Ended December 31,
  2025   2024   2023 
Current:           
Federal$(1,015 $(5,492 $35,861 
State 2,580   (848  (3,687
Foreign 221   169   147 
Total current income tax expense (benefit) 1,786   (6,171  32,321 
            
Deferred:           
Federal  -     -     -  
State  -     -     -  
Total deferred income tax expense (benefit)  -     -     -  
Total income tax expense (benefit)$1,786  $(6,171 $32,321 
Our expense (benefit) for income taxes differs from the amount computed by applying the U.S. federal statutory rate to loss before income taxes. The sources and tax effects of the differences, applying ASU 2023-09 prospectively, are as follows (in thousands):
 
 Year Ended December 31, 2025
Pre-tax loss$(379,601    
        
Statutory rate (79,716  21.0%
State and local income tax, net of federal income tax effect (a) 353   (0.1)%
Foreign tax effects (118  0.0%
Effect of cross-border tax laws 459   (0.1)%
Changes in unrecognized tax benefits 12,145   (3.2)%
Changes in valuation allowances 93,773   (24.7)%
Tax credits:       
Research and development tax credits (17,754  4.7%
Orphan drug tax credits (30,521  8.0%
Non-taxable or non-deductible items:       
Stock-based compensation 19,269   (5.1)%
Other 4,184   (1.1)%
Other (288  0.1%
Effective rate$1,786   (0.5)%
 
(a)    State taxes in California and New York made up the majority (greater than 50 percent) of the tax effect in this category.
 
Our expense (benefit) for income taxes differs from the amount computed by applying the U.S. federal statutory rate to loss before income taxes. The sources and tax effects of the differences, applying ASC 740 prior to the adoption of ASU 2023-09, are as follows (in thousands):
 
 Year Ended December 31,
 2024 2023
Pre-tax loss$(460,068     $(333,965    
                
Statutory rate (96,614  21.0%  (70,133  21.0%
State income tax net of federal benefit (11,889  2.6%  (22,597  6.8%
Foreign 15   0.0%  (22  0.0%
Net change in valuation allowance 152,590   (33.2)%  175,388   (52.5)%
Tax credits (53,497  11.6%  (67,131  20.1%
Tax rate change 10,815   (2.4)%  1,023   (0.3)%
Non-deductible compensation 1,895   (0.4)%  3,814   (1.1)%
Other non-deductible items 188   0.0%  327   (0.1)%
Foreign-derived intangible income benefit (21,071  4.6%  (7,493  2.2%
Stock-based compensation 10,732   (2.3)%  19,546   (5.9)%
Other 665   (0.2)%  (401  0.1%
Effective rate$(6,171  1.3% $32,321   (9.7)%
 
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.
Significant components of our deferred tax assets and liabilities as of December 31, 2025 and 2024 are as follows (in thousands):
 
 Year Ended December 31,
  2025   2024 
Deferred Tax Assets:       
Net operating loss carryovers$290,851  $95,851 
Tax credits 361,056   310,703 
Deferred revenue 38,830   54,063 
Stock-based compensation 67,585   82,660 
Intangible and capital assets 76,283   93,541 
Convertible debt 1,305   9,310 
Capitalized research and development expenses 233,485   323,560 
Long-term lease liabilities 71,871   41,481 
Sale of future royalties 156,870   148,918 
Other 12,755   14,024 
Total deferred tax assets$1,310,891  $1,174,111 
        
Deferred Tax Liabilities:       
Fixed assets (8,062  (5,719
Right-of-use assets (58,740  (36,788
Other (7,154  (1,896
Net deferred tax asset$1,236,935  $1,129,708 
Valuation allowance (1,236,935  (1,129,708
Total net deferred tax assets and liabilities$ -   $ -  
 
As of December 31, 2025, we maintained a full valuation allowance on our net deferred tax assets. We determined the valuation allowance in accordance with the provisions of ASC 740, Accounting for Income Taxes, which requires an assessment of both positive and negative evidence when determining whether it is more likely than not that deferred tax assets are realizable. Our recent history of cumulative losses and expected near-term future losses require us to record a full valuation allowance against all net deferred tax assets. We will maintain a full valuation allowance on net deferred tax assets until sufficient positive evidence exists to support reversal of the valuation allowance.
 
Our valuation allowance increased by $107 million from December 31, 2024 to December 31, 2025. The increase in valuation allowance was primarily related to increases in our federal net operating loss from our current year loss and deduction for previously capitalized domestic research and development expenses permitted under H.R.1 - 119th Congress.
 
At December 31, 2025, we had federal and state, primarily California, tax net operating loss carryforwards of $1,206.5 million and $570.6 million, respectively. Our federal tax loss carryforwards are available indefinitely. Our California tax loss carryforwards will begin to expire in 2032. At December 31, 2025, we also had federal and California research and development tax credit carryforwards of $285.5 million and $151.7 million, respectively. Our federal research and development tax credit carryforwards will begin to expire in 2037. Our California research and development tax credit carryforwards are available indefinitely. Our 2023 current tax expense includes a benefit of approximately $3.2 million related to the utilization of state tax loss carryforwards, primarily California.
 
Utilization of the net operating loss and tax credit carryforwards may be subject to an annual limitation due to the ownership change limitations provided by the Internal Revenue Code of 1986, as amended, and similar state provisions. The annual limitation may result in the expiration of net operating losses and credits before utilization.
 
We analyze filing positions in all U.S. federal, state and foreign jurisdictions where we file income tax returns, and all open tax years in these jurisdictions to determine if we have any uncertain tax positions on any of our income tax returns. We recognize the impact of an uncertain tax position on an income tax return at the largest amount that the relevant taxing authority is more-likely-than-not to sustain upon audit. We do not recognize uncertain income tax positions if they have less than 50 percent likelihood of the applicable tax authority sustaining our position.
The following table summarizes our gross unrecognized tax benefits (in thousands):
 
 Year Ended December 31,
  2025   2024   2023 
Beginning balance of unrecognized tax benefits$41,161  $43,298  $56,567 
Decrease for lapse of statute of limitations (137  (7,579  (14,993
Decrease for prior period tax positions  -    (110  (737
Increase for prior period tax positions 5,776   1,902   429 
Increase for current period tax positions 7,162   3,650   2,032 
Ending balance of unrecognized tax benefits$53,962  $41,161  $43,298 
 
 
Included in the balance of unrecognized tax benefits at December 31, 2025, 2024 and 2023 was $0.2 million, $0.3 million and $0.3 million respectively, that if we recognized, could impact our effective tax rate, subject to our remaining valuation allowance.
 
We recognize interest and/or penalties related to income tax matters in income tax expense. During the years ended December 31, 2025, 2024 and 2023, we recognized $0.1 million, $0.1 million and $0.1 million, respectively, of accrued interest and penalties related to gross unrecognized tax benefits.
 
We are subject to taxation in the U.S. and various state and foreign jurisdictions. We are currently under examination by the Internal Revenue Service for tax year 2023, and U.S. federal tax years 2022 and 2024 remain open to examination. In addition, tax years 2021 through 2024 remain open to examination by major state taxing jurisdictions, primarily California. Net operating loss and credit carryforwards generated prior to these periods may still be adjusted upon examination by the Internal Revenue Service or state tax authorities if they have been used in an open period or are used in a future period.
 
Accounting guidance for income taxes requires a deferred tax liability to be established for the tax impact of undistributed earnings of foreign subsidiaries unless it can be shown that these earnings will be permanently reinvested outside the U.S. If our foreign earnings were to be repatriated in the future, the estimated tax liability would be nominal.
 
Income taxes paid (net of refunds received), applying ASU 2023-09 prospectively during the tax year ended December 31, 2025, are as follows (in thousands):
 
   Year Ended December 31, 2025  
Federal$(37
State:   
California (405
Kentucky (288
Tennessee 42 
Other states 3 
Total state (648
Foreign 46 
Total income tax refunds, net$(639

Historical Timeline

Fiscal YearFiled
2025Feb 26, 2026Showing above
2024Feb 19, 2025
2023Feb 21, 2024
2022Feb 22, 2023
2021Feb 25, 2022
2020Feb 24, 2021
2019Mar 2, 2020
2018Mar 1, 2019
2017Feb 28, 2018
2016Mar 1, 2017
2015Feb 26, 2016

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.