Annual report pursuant to Section 13 and 15(d)

Income Taxes

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Income Taxes
 12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
The components of loss before taxes are as follows (in thousands):
Year Ended December 31,
2023 2022 2021
United States $ (506,243) $ (249,550) $ (184,183)
International (6,668) (8,401) (6,678)
Loss before income taxes $ (512,911) $ (257,951) $ (190,861)
The provision for income taxes is as follows (in thousands):
Year Ended December 31,
2023 2022 2021
Current
Federal $ —  $ —  $ — 
State 6  7  1 
Foreign 133  85  6 
Total current provision 139  92  7 
Deferred
Federal —  —  (7,917)
State —  —  (2,627)
Total deferred benefit —  —  (10,544)
Total provision (benefit) $ 139  $ 92  $ (10,537)
A reconciliation of the statutory U.S. federal rate to the Company’s effective tax rate is as follows:
Year Ended December 31,
2023 2022 2021
% % %
Tax at federal statutory rate (21.0) % (21.0) % (21.0) %
State taxes, net of federal benefit (1.6) % (9.1) % (7.3) %
Permanent differences 16.8  % (6.3) % (0.1) %
Change in valuation allowance 9.0  % 41.8  % 27.9  %
Tax credits (3.2) % (5.4) % (5.0) %
Effective income tax rate 0.0  % 0.0  % (5.5) %
Significant components of the Company’s net deferred tax assets as of December 31, 2023, 2022 and 2021 (in thousands):
December 31,
2023 2022 2021
Deferred tax assets:
Net operating loss carryforwards $ 138,735  $ 161,239  $ 124,591 
Research and development credits 55,492  36,886  22,995 
Accruals and reserves 2,479  148  518 
Property and equipment 3,110  4,260  1,362 
Stock-based compensation 16,396  14,416  4,651 
Goodwill 4,311  4,920  3,819 
Intangibles 2,234  900  355 
Lease Liability 664  600  — 
Capitalized R&D 88,985  42,676  — 
Total deferred tax assets 312,406  266,045  158,291 
Valuation allowance (295,740) (249,382) (141,618)
Net deferred tax assets 16,666  16,663  16,673 
Deferred tax liabilities
Contractual agreement (16,666) (16,663) (16,673)
Total deferred tax liabilities (16,666) (16,663) (16,673)
Net deferred tax assets $ —  $ —  $ — 
In connection with the acquisition of Uber Elevate on January 11, 2021, a deferred tax liability was established for the book versus tax basis difference associated with the contractual agreement asset (Note 6). This deferred tax liability created an additional source of income to realize the Company's deferred tax assets. As the Company continues to maintain a full valuation allowance against its net deferred tax assets, this additional source of income resulted in a corresponding release of the Company’s previously recorded valuation allowance against its net deferred tax assets. Consistent with the applicable guidance, this release of the valuation allowance was recorded in the consolidated statements of operations as an income tax benefit.
The following shows the changes in the gross amount of unrecognized tax benefits as follows (in thousands):
Year Ended December 31,
2023 2022 2021
Unrecognized tax benefits, beginning of the year $ 14,571  $ 8,518  $ 4,995 
Increases related to prior year tax positions 684  219  3,523 
Decreases related to prior year tax positions (1,037) —  — 
Increases related to current year tax positions 6,023  5,834  — 
Unrecognized tax benefits, end of year $ 20,241  $ 14,571  $ 8,518 
The Company has adopted the accounting policy that interest and penalties recognized are classified as part of its income taxes. The Company does not anticipate that its total unrecognized tax benefits will significantly change due to settlement of examination or the expiration of statute of limitations during the next 12 months. Due to the full valuation allowance at December 31, 2023, current adjustments to the unrecognized tax benefit will have no impact on our effective income tax rate. Any adjustments made after the valuation allowance is released will have an impact on the tax rate.
In assessing the realizability of deferred income tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred income tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Due to the uncertainty of the business in which the Company operates, projections of future profitability are difficult and past operating results are not necessarily indicative of future profitability. Management does not believe it is more likely than not that the deferred income tax assets will be realized; accordingly, a full valuation allowance has been established on net deferred income tax assets. The valuation allowance increased by $46.4 million during the year ended December 31, 2023, and by $107.8 million during the year ended December 31, 2022.
As of December 31, 2023, the Company had federal net operating loss carryforwards (“NOLs”) of $608.6 million, of which approximately $15.8 million will begin to expire in 2036 and the remainder do not expire. As of December 31, 2022, the Company had federal NOLs of $516.2 million of which approximately $15.8 million will begin to expire in 2036 and the remainder do not expire. As of December 31, 2023 and 2022, the Company had state NOLs of $82.0 million and $745.0 million, respectively, that will begin to expire in 2031. In addition, the Company had foreign NOLs of $17.1 million and $9.9 million as of December 31, 2023 and 2022, respectively.
At December 31, 2023, the Company had federal research and development credits of $44.9 million and California research and development credits of $36.4 million. The federal credits will expire beginning 2036, while California credits have no expiration. At December 31, 2022, the Company had federal research and development credits of $28.4 million and California research and development credits of $26.1 million. The federal credits will expire beginning 2032, while California credits have no expiration.
The federal and state net operating loss and credit carryforwards may be subject to significant limitations under Sections 382 and 383 of the Internal Revenue Code (Code) and similar provisions of state law. These Code sections limit the federal net operating loss and credit carryforwards that may be used in any year in the event of an “ownership change”. A Section 382 “ownership change” generally occurs if one or more shareholders or groups of shareholders, who own at least 5% of the Company’s stock, increase their ownership by more than 50 percentage points over their lowest ownership percentage within a rolling three years period. The Company may have previously experienced, and may in the future experience, one or more Section 382 “ownership changes”. If so, the Company may lose some or all of the tax benefits of its NOLs and tax credits. The extent of such limitations for prior years, if any, has not been determined.
The Company currently has no federal or state tax examinations in progress nor has it had any federal or state tax examinations since its inception. As a result of the Company’s net operating loss and credit carryforwards all of its years are subject to federal and state examination.