SEC Comment Letter for BIOMARIN PHARMACEUTICAL INC (BMRN) (CIK 0001048477) (BMRN) — Apr 27, 2012
BIOMARIN PHARMACEUTICAL INC (BMRN) (CIK 0001048477)
Date: April 27, 2012 · CIK: 0001048477 · Accession: 0000000000-12-021863
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File numbers found in text: 000-26
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April 27, 2012 Via E-mail Mr. Jeffrey H. Cooper Senior Vice President and Chief Financial Officer BioMarin Pharmaceutical Inc. 105 Digital Drive Novato, CA 94949 Re: BioMarin Pharmaceutical Inc. Form 10-K for the Fiscal Year Ended December 31, 2011 Filed February 22, 2012 File No. 000-26 727 Dear Mr. Cooper: We have reviewed your April 2, 2012 respons e to our March 23, 2012 letter and have the following comments. Please respond to this letter within 10 business days by providing the requested information or by advising us when you will provide the requested response. If you do not believe a comment applies to your facts and circ umstances, please tell us why in your response. Please furnish us a letter on EDGAR under the fo rm type label CORRESP that keys your responses to our comments. After reviewing the information you provide in response to these comments, we may have additional comments and/or request that you amend your filings. Management’s Discussion and Analysis Provision for Income Taxes, page 57 1. With regard to your response to comment thr ee, please consider providing disclosures to explain in greater detail the impact on your e ffective income tax rates and obligations of certain foreign entities being profitable and incurring foreign current income tax expense and certain foreign entities incurring significant amounts of research and development expense and report significant losses in jurisdictions which do not have loss carryforwards and thus no tax benefit. It a ppears that separately discussing the foreign effective income tax rates is important information necessary to understanding your results of operations. Mr. Jeffrey H. Cooper BioMarin Pharmaceutical Inc. April 27, 2012 Page 2 Financial Statements (21) Revenue and Credit Concentrations, page F-39 2. Please refer to your response to our comment two. We believe disclosure of the information in your response would be useful to readers of your financial statements and should be made. (22) Income Taxes, page F-40 3. You state “The Company has also elected to treat certain foreign entities as disregarded entities for U.S. tax purposes, which results in their net income or loss being recognized currently in the Company’s U.S. tax return.” Provide us proposed disclosure to be included in future periodic re ports identifying the countries in which disregarded entities are located and quantify the am ount of net income or loss of the disregarde d entities in each year. You may contact Lisa Vanjoske , Assistant Chief Accountant, at (202) 551-3614 or Joel Parker, Accounting Branch Chief, at (202) 551-3651 if you have quest ions regarding these comments. In this regard, do not hesita te to contact me at (202) 551-3679. Sincerely, /s/ Jim B. Rosenberg Jim B. Rosenberg Senior Assistant Chief Accountant