INCOME TAXES
For financial reporting purposes, net loss from continuing operations before income taxes includes the following components (in thousands):
Year Ended December 31,
202520242023
United States$(2,713)$(152,356)$(293,283)
Foreign(46,560)(168,154)(82,827)
Total$(49,273)$(320,510)$(376,110)
The components of the provision for income taxes, in the Consolidated Statements of Operations are as follows (in thousands):
Year Ended December 31,
 202520242023
Current
Federal$— $— $— 
State988 120 223 
Foreign— — — 
Total current988 120 223 
Deferred
Federal— — — 
State— — — 
Total deferred— — — 
Total tax provision$988 $120 $223 
In July 2025 the One Big Beautiful Bill Act was signed into law, which enacts significant changes to U.S. tax and related laws. The legislation did not have a material impact on the Company's income tax expense for the year ended December 31, 2025, nor did it materially change the Company's effective income tax rate for 2025.
The effective income tax rate for the year ended December 31, 2025 differs from the statutory federal income tax rate as follows (in thousands, except percentages):
2025
 AmountPercentage
Statutory rate - federal$(10,347)(21.00)%
State taxes, net of federal benefit*701 1.42 %
Foreign tax effects
Switzerland
Statutory tax rate differences5,831 11.83 %
Changes in valuation allowances3,758 7.63 %
Other207 0.42 %
Other foreign jurisdictions
Other(18)(0.04)%
Tax credits
Orphan drug credits(16,224)(32.93)%
Return to provision adjustments(2,517)(5.10)%
Changes in valuation allowances16,275 33.03 %
Nontaxable or nondeductible items
  Executive compensation1,710 3.47 %
  Share-based awards1,246 2.53 %
  Other442 0.90 %
Change in unrecognized tax benefits(1,456)(2.96)%
Other adjustments
Return to provision adjustments and other true-ups1,380 2.80 %
Effective tax rate$988 2.00 %
* State taxes in California, Michigan and New Jersey for 2025 made up the majority (greater than 50%) of the tax effect in this category.
The following is a reconciliation of the statutory federal income tax rate to the Company’s effective tax rate expressed as a percentage of loss before income taxes for the years ended December 31, 2024 and 2023:
 20242023
Statutory rate - federal(21.00)%(21.00)%
State taxes, net of federal benefit(1.55)%(3.19)%
Foreign rate differential2.15 %1.29 %
IPR&D4.27 %— %
Nondeductible executive compensation0.44 %1.50 %
Excess tax benefits associated with share-based awards2.92 %0.68 %
Other permanent differences0.23 %0.37 %
Tax credits(4.24)%(1.13)%
Return to provision adjustments and other true-ups(0.80)%4.19 %
Other0.93 %0.57 %
Change in valuation allowance16.69 %16.78 %
Income tax provision0.04 %0.06 %
The significant components of the Company’s deferred tax assets and liabilities as of December 31, 2025 and 2024 are as follows (in thousands):
 20252024
Deferred Tax Assets:
Net operating loss$130,051 $113,303 
Research and development and other tax credits112,093 91,760 
Intangible assets56,052 53,919 
Capitalized research and development27,170 47,880 
Stock based compensation13,971 15,680 
Other accrued expenses21,727 14,266 
Charitable contributions5,699 5,797 
Operating lease liabilities4,164 5,421 
174A state only difference2,397 — 
Depreciation602 435 
Loan costs117 153 
Total deferred tax assets374,043 348,614 
Deferred Tax Liabilities:
Operating lease right of use assets(3,211)(4,259)
Prepaid assets(184)(178)
Total deferred tax liabilities(3,395)(4,437)
Net deferred tax assets before valuation allowance370,648 344,177 
Valuation allowance(370,648)(344,177)
Total deferred tax assets$— $— 
The Company has established a full valuation allowance against its U.S. federal, state, and foreign deferred tax assets due to the uncertainty surrounding the realization of such assets in future periods. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which temporary differences become deductible. Management considers the scheduled reversal of deferred liabilities and tax planning strategies in making this assessment and evaluates the recoverability of the deferred tax assets as of each reporting date. At such time as it is determined that it is more likely than not that deferred assets are realizable, the valuation allowance will be reduced accordingly and recorded as a tax benefit.
The Company has recorded a valuation allowance of $370.6 million as of December 31, 2025 to reflect the estimated amount of deferred tax assets that may not be realized. The Company increased its valuation allowance by $26.5 million for the year ended December 31, 2025, compared to a $53.5 million increase for the year ended December 31, 2024.
As of December 31, 2025, the Company had available unused U.S. federal and state net operating loss (“NOL”) carryforwards of $232.6 million and $214.0 million, respectively, all of which are fully offset by a valuation allowance. The federal NOL has an indefinite life. The state NOL carryforwards will begin to expire in 2026 unless previously utilized, except for $41.1 million of the state net operating losses that have an indefinite carryforward period. In addition, at December 31, 2025, the Company had federal orphan drug tax credit carryforwards of $122.8 million that begin to expire in 2035 unless utilized, federal research and development tax credit carryforwards of $4.9 million that begin to expire in 2033 unless utilized, state research and development tax credit carryforwards of $1.3 million that begin to expire in 2030 unless utilized and $11.0 million that have an indefinite carryforward period, and California Competes tax credit carryforwards of $0.8 million that begin to expire in 2026. Pursuant to Internal Revenue Code Sections 382 and 383, use of the Company’s federal net operating loss and credit carryforwards may be limited upon a cumulative change in ownership of more than 50% within a three-year period. The Company continues to monitor potential historical ownership changes.
As of December 31, 2025, the Company had Irish NOL carryforwards of $15.9 million which are fully offset by a valuation allowance and have an indefinite life. The Company also had Swiss NOL carryforwards of $475.2 million which are fully offset by a valuation allowance and begin to expire in 2026, as well as Federal Act on Tax Reform and AHV Financing cantonal tax benefits of $526.2 million which expire in 2029.
The Company accounts for uncertain tax benefits in accordance with the provisions of ASC 740-10 of the Accounting for Uncertainty in Income Taxes. As of December 31, 2025, the Company had $26.0 million in unrecognized tax benefits, which were recorded as a reduction to the deferred tax assets with a corresponding reduction in the Company’s valuation allowance of $26.0 million. To the extent unrecognized tax benefits are recognized at a time when a valuation allowance does not exist, the recognition of the $26.0 million tax benefit would reduce the effective tax rate.
A reconciliation of the Company's unrecognized tax benefits for the years 2025, 2024 and 2023 is provided in the following table (in thousands):
202520242023
Balance as of January 1:$27,404 $22,906 $11,490 
Increase in current period positions3,343 4,248 4,871 
Increase in prior period positions— 250 7,383 
Decrease in prior period positions(4,716)— (838)
Balance as of December 31:$26,031 $27,404 $22,906 
The Company files income tax returns in the U.S. federal jurisdiction, various state and local, and foreign jurisdictions. With few exceptions, the Company’s income tax returns are open to examination by federal and state authorities for the years ended December 31, 2013 and forward, due to the carryforward of unutilized tax attributes. The Company's Swiss income tax returns are open to examination for the years ended December 31, 2020 and forward, and the Company's Irish tax returns are open to examination for the years ended December 31, 2021 and forward.
The Company recognizes interest and penalties as a component of income tax expense. The Company did not recognize any interest or penalties for the year ended December 31, 2025, 2024 and 2023.
The cash taxes paid by the Company for the years ended December 31, 2025, 2024 and 2023 were immaterial.

Historical Timeline

Fiscal YearFiled
2025Feb 19, 2026Showing above
2024Feb 21, 2025
2023Feb 20, 2024
2022Feb 23, 2023
2021Feb 24, 2022
2020Mar 1, 2021
2019Feb 24, 2020
2018Feb 26, 2019
2017Feb 27, 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.