Annual report pursuant to Section 13 and 15(d)

INCOME TAXES (Tables)

v3.20.4
INCOME TAXES (Tables)
12 Months Ended
Dec. 31, 2020
INCOME TAXES  
Schedule of components of the entity's deferred tax assets

​

​

​

​

​

​

​

​

​

​

​

December 31,

 

​

    

2020

    

2019

 

Deferred tax assets

​

​

​

​

​

​

​

Net operating loss carryforwards

​

$

240,767

​

$

240,157

​

Orphan drug and research and development credits

​

 

64,252

​

 

59,603

​

Deferred compensation

​

 

7,760

​

 

8,817

​

Lease liabilities

​

​

4,399

​

​

6,989

​

Capitalized Inventory

​

​

34

​

​

—

​

Capitalized research and development expenses

​

 

—

​

 

2,282

​

Other, net

​

 

3,170

​

 

529

​

Deferred tax liabilities

​

​

​

​

​

​

​

Operating lease right-of-use asset

​

​

(4,084)

​

​

(6,719)

​

Others

​

​

(537)

​

​

—

​

Total net deferred tax assets

​

​

315,761

​

​

311,658

​

Less: valuation allowance

​

 

(315,761)

​

 

(311,658)

​

Deferred tax assets, net of allowance

​

$

—

​

$

—

​

​

Schedule of reconciliation of the statutory federal income tax rate to the effective tax rate

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​

​

​

​

​

​

​

​

​

​

Year Ended December 31,

 

​

    

2020

    

2019

    

2018

 

Federal statutory tax rate

 

(21.0)

%  

(21.0)

%  

(21.0)

%

State, Net of Federal Benefit

​

0.1

%  

0.1

%  

—

%

Valuation allowance

 

24.4

%  

21.7

%  

16.3

%

Stock compensation

​

4.7

%  

2.8

%  

8.2

%

Orphan drug and research and development credits

​

(12.7)

%  

(5.1)

%  

(3.7)

%

Other, net

 

4.6

%  

1.5

%  

0.2

%  

Effective tax rate

 

0.1

%  

0.0

%  

0.0

%  

Schedule of activity related to the entity's gross unrecognized tax benefits

The following table summarizes the activity related to our gross unrecognized tax benefits (in thousands):

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​

​

​

​

​

​

​

​

​

​

Year Ended December 31,

 

​

    

2020

    

2019

 

Balance at the beginning of the year

​

$

8,358

​

$

7,849

​

Increase related to current year tax positions

​

 

543

​

 

509

​

Balance at the end of the year

​

$

8,901

​

$

8,358

​

​

During the years ended December 2020 and December 31, 2019, the amount of unrecognized tax benefits increased $543,000 and $509,000, respectively, due to additional research and development and orphan drug credits generated during those years. As of December 31, 2020 and 2019, the total amount of unrecognized tax benefit was $8.0 million and $7.2 million, respectively. The reversal of the uncertain tax benefits would not affect the Company’s effective tax rate to the extent that we continue to maintain a full valuation allowance against our deferred tax assets.