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Our departure from these facilities shortened the
expected useful lives of certain leasehold
improvements and other assets at these facilities. As
a result, we recorded additional depreciation expense
to reflect the assets' new shorter useful lives. For the
year ended December 31, 2016, we recognized
approximately $45.5 million of this additional
depreciation, which was recorded as cost of sales in
our consolidated statements of income.
In the fourth quarter of 2016 we also recognized
charges totaling $7.4 million for severance costs
related to certain employees separated from Biogen
in connection with this transaction.
These amounts
were substantially incurred and paid by the end of first
quarter of 2017 and are reflected in restructuring
charges in our consolidated statements of income.
2015 Cost Saving Initiatives
2015 Restructuring Charges
In October 2015 we announced a corporate
restructuring, which included the termination of
certain pipeline programs and an 11% reduction in
workforce. Under this restructuring, cash payments
were estimated to total approximately $120.0 million,
of which $15.9 million were related to previously
accrued 2015 incentive compensation, resulting in
net restructuring charges
totaling approximately
$102.0 million. These amounts were substantially
paid by the end of 2016.
During the years ended December 31, 2016 and
2015, we recognized $8.0 million and $93.4 million,
respectively, of restructuring charges related to our
2015 restructuring program in our consolidated
statements of income. Our restructuring reserve is
included in accrued expenses and other in our
consolidated balance sheets.
The following table summarizes the charges and
spending related to our 2015 restructuring program:
(In millions)
Workforce
Reduction
Pipeline
Programs
Total
Restructuring reserve
as of December 31,
2015
$ 33.7 $
3.6 $ 37.3
Expense
4.9
5.4
10.3
Payment
(31.2)
(9.0)
(40.2)
Adjustments to
previous estimates,
net
(5.2)
2.9
(2.3)
Restructuring reserve
as of December 31,
2016
$
2.2 $
2.9 $
5.1
Payment
(1.7)
(2.9)
(4.6)
Restructuring reserve
as of December 31,
2017
$
0.5 $
— $
0.5
TECFIDERA
Litigation Settlement Charge
As described above under "Amortization of
Acquired Intangible Assets - TECFIDERA License Rights,”
in January 2017 we entered into a settlement and
license agreement with Forward Pharma pursuant to
which we obtained U.S. and rest of world licenses to
Forward Pharma's intellectual property, including
Forward Pharma's intellectual property related to
TECFIDERA. In exchange, we paid Forward
Pharma $1.25 billion in cash. During the fourth
quarter of 2016, we recognized a pre-tax charge
of $454.8 million and in the first quarter of 2017 we
recognized an intangible asset of $795.2
million related to this agreement.
The pre-tax charge
recognized in the fourth quarter of 2016 represented
the fair value of our licenses to Forward Pharma’s
intellectual property for the period April 2014, when
we started selling TECFIDERA, through December 31,
2016.
For additional information on our TECFIDERA
settlement and license agreement, please read Note
7, Intangible Assets and Goodwill, to our consolidated
financial statements included in this report.
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Other Income (Expense), Net
For 2017 compared to 2016, the
change in other
income (expense), net was primarily due to an
increase in foreign
currency exchange gains, an
increase in interest income and a decrease in interest
expense, partially offset by other than temporary
impairments recorded on strategic investments and
marketable debt securities during the year.
Interest expense for the year ended December
31, 2017, includes a net $5.2 million debt
extinguishment charge recognized in November 2017
upon redemption of our 6.875% Senior Notes due
March 1, 2018.
For additional information on this redemption
and our outstanding indebtedness, please read Note
12, Indebtedness, to our consolidated financial
statements included in this report.
For 2016 compared to 2015, the change in other
income (expense), net was primarily due to an
increase in interest expense as a result of the
issuance of our senior unsecured notes in the third
quarter of 2015. This increase was partially offset by
an increase in interest income on higher yields and
cash, cash equivalents and marketable securities
balances as well as a decrease in foreign exchange
losses recognized during the year ended December
31, 2016, compared to the prior year comparative
period.
Income Tax Provision
Our effective tax
rate fluctuates from year to
year due to the global nature of our operations. The
factors that most significantly impact our effective tax
rate include changes in tax laws, variability in the
allocation of our taxable earnings among multiple
jurisdictions, the amount and characterization of our
research and development expenses, the levels of
certain deductions and credits, acquisitions and
licensing transactions.
Our effective tax rate for 2017 compared to
2016 increased primarily due to the effect of the
2017 Tax Act and the impairment of prepaid tax
assets related to our ZINBRYTA program.
On December 22, 2017, the 2017
Tax Act was
signed into law and has resulted in significant
changes to the U.S. corporate income tax system.
The 2017 Tax Act includes a federal statutory rate
reduction from 35% to 21%, the elimination or
reduction of certain domestic deductions and credits,
the Transition Toll Tax and other changes to taxation
of foreign subsidiaries.
Changes in tax rates and tax laws are accounted
for in the period of enactment. Therefore, during the
year ended December 31, 2017, we recorded a
charge totaling $1,173.6 million related to our current
estimate of the provisions of the 2017 Tax Act,
including a $989.6 million expense under the
Transition Toll Tax. The Transition
Toll Tax will be paid
over an eight-year period, starting in 2018, and will
not accrue interest.