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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

 

15. Income Taxes

The domestic and foreign components of income (loss) before income taxes were as follows (in millions):

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Domestic

 

$

(2,169

)

 

$

(4,501

)

 

$

(168

)

Foreign

 

 

(610

)

 

 

(1,961

)

 

 

209

 

 

 

$

(2,779

)

 

$

(6,462

)

 

$

41

 

 

The components of the provision for income taxes consisted of (in millions):

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(279

)

 

$

(7

)

 

$

(5

)

State

 

 

(4

)

 

 

4

 

 

 

(3

)

Foreign

 

 

106

 

 

 

60

 

 

 

134

 

Total current income tax provision

 

 

(177

)

 

 

57

 

 

 

126

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

7

 

 

 

(344

)

 

 

11

 

State

 

 

 

 

 

(18

)

 

 

 

Foreign

 

 

(72

)

 

 

(64

)

 

 

(74

)

Total deferred income tax provision

 

 

(65

)

 

 

(426

)

 

 

(63

)

Total income tax provision

 

$

(242

)

 

$

(369

)

 

$

63

 

 

 

The difference between the effective tax rate reflected in the provision for income taxes and the U.S. federal statutory rate was as follows (in millions):

 

 

 

Years Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Federal income tax at U.S. statutory rate

 

$

(584

)

 

$

(1,357

)

 

$

9

 

Foreign income tax rate differential

 

 

(30

)

 

 

(40

)

 

 

(3

)

Goodwill impairment

 

 

271

 

 

 

666

 

 

 

 

Reduction of FTC carryforwards

 

 

184

 

 

 

 

 

 

 

Tax Benefit from CARES Act

 

 

(83

)

 

 

 

 

 

 

Change in deferred tax valuation allowance

 

 

(83

)

 

 

218

 

 

 

49

 

Nondeductible expenses

 

 

44

 

 

 

61

 

 

 

20

 

Foreign dividends, net of foreign tax credits

 

 

28

 

 

 

163

 

 

 

27

 

Change in uncertain tax positions

 

 

20

 

 

 

(60

)

 

 

(5

)

Prior years taxes

 

 

(6

)

 

 

3

 

 

 

(13

)

State income taxes - net of federal benefit

 

 

(4

)

 

 

(16

)

 

 

(3

)

Other

 

 

1

 

 

 

(7

)

 

 

(18

)

Total income tax provision

 

$

(242

)

 

$

(369

)

 

$

63

 

 

The effective tax rate for the year ended December 31, 2020 was 8.7%, compared to 5.7% for 2019. For the year ended December 31, 2020 the effective tax rate was negatively impacted by the impairment of nondeductible goodwill and the establishment of additional valuation allowances for current year losses and other tax attributes, partially offset by the release of valuation allowance as a result of (a) the carryback of $591 million of US net operating losses from 2019 to 2014 as a result of the CARES Act and (b) the filing of an amended US tax return to deduct foreign tax credits and carryback the resulting $287 million US net operating loss from 2016 to 2014.  For the year ended December 31, 2019, the effective tax rate was negatively impacted by the impairment of nondeductible goodwill and the establishment of additional valuation allowance partially offset by the reduction in uncertain tax positions due to settlements.

Significant components of our deferred tax assets and liabilities were as follows (in millions):

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Allowances and operating liabilities

 

$

318

 

 

$

395

 

Net operating loss carryforwards

 

 

387

 

 

 

270

 

Stock Compensation

 

 

61

 

 

 

69

 

Tax credit carryforwards

 

 

411

 

 

 

702

 

Other

 

 

122

 

 

 

60

 

Valuation allowance

 

 

(1,093

)

 

 

(1,175

)

Total deferred tax assets

 

 

206

 

 

 

321

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Tax over book depreciation

 

 

60

 

 

 

115

 

Capital leases

 

 

80

 

 

 

86

 

Intangible assets

 

 

49

 

 

 

110

 

Deferred income

 

 

47

 

 

 

65

 

Accrued tax on unremitted earnings

 

 

33

 

 

 

33

 

Other

 

 

15

 

 

 

52

 

Total deferred tax liabilities

 

 

284

 

 

 

461

 

Net deferred tax liability

 

$

78

 

 

$

140

 

 

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in millions):

 

 

 

2020

 

 

2019

 

 

2018

 

Unrecognized tax benefit at beginning of year

 

$

38

 

 

$

98

 

 

$

132

 

Gross increase for current period tax positions

 

 

 

 

 

 

 

 

15

 

Gross increase for tax positions in prior years

 

 

25

 

 

 

10

 

 

 

31

 

Gross decrease for tax positions in prior years

 

 

(2

)

 

 

(60

)

 

 

(10

)

Cash Settlements

 

 

(1

)

 

 

(3

)

 

 

(69

)

Lapse of statute of limitations

 

 

(3

)

 

 

(7

)

 

 

(1

)

Unrecognized tax benefit at end of year

 

$

57

 

 

$

38

 

 

$

98

 

 

The balance of unrecognized tax benefits at December 31, 2020, 2019 and 2018 was $57 million, $38 million and $98 million, respectively. Accruals related to prior year domestic and foreign jurisdiction issues resulted in uncertain tax position increases of $25 million in 2020. Resolutions of domestic and foreign jurisdiction audits resulted in a $4 million and $60 million decrease in uncertain tax provisions for the years ended December 31, 2020 and 2019, respectively.

Substantially all of the unrecognized tax benefits, if ultimately realized, would be recorded as a benefit to the effective tax rate. The Company does not anticipate any material change within the next twelve months due to settlements and conclusions of tax examinations. To the extent penalties and interest would be assessed on any underpayment of income tax, such accrued amounts have been classified as a component of income tax expense in the financial statements consistent with the Company’s policy. For the years ended December 31, 2020, 2019 and 2018, we recorded income tax expense of $2 million, nil and nil, respectively, for interest and penalty related to unrecognized tax benefits. As of December 31, 2020 and 2019, the Company had accrued $11 million and $12 million, respectively, of interest and penalty relating to unrecognized tax benefits.

The Company is subject to taxation in the United States as well as various states and foreign jurisdictions. The Company has significant operations in the United States, Norway, Canada, the United Kingdom, the Netherlands, France and Denmark. Tax years that remain subject to examination by major tax jurisdictions vary by legal entity, but are generally open in the U.S. for tax years ending after 2013 and outside the U.S. for tax years ending after 2015.

Net operating loss carryforwards by jurisdiction and expiration as of December 31, 2020 were as follows (in millions):

 

 

 

Federal

 

 

State

 

 

Foreign

 

 

Total

 

2020 - 2024 Expiration

 

$

6

 

 

$

2

 

 

$

148

 

 

$

156

 

2025 - 2039 Expiration

 

 

45

 

 

 

303

 

 

 

428

 

 

 

776

 

Unlimited Expiration

 

 

368

 

 

 

 

 

 

557

 

 

 

925

 

Total Net Operating Loss (NOL)

 

$

419

 

 

$

305

 

 

$

1,133

 

 

$

1,857

 

Tax Effected NOL

 

$

88

 

 

$

17

 

 

$

282

 

 

$

387

 

Valuation Allowance (VA)

 

 

(88

)

 

 

(17

)

 

 

(279

)

 

 

(384

)

Tax Effected NOL Net of VA

 

$

 

 

$

 

 

$

3

 

 

$

3

 

 

The Company has $404 million of excess foreign tax credits in the United States as of December 31, 2020, of which $141 million, $145 million, $95 million, and $23 million will expire in 2022, 2027, 2028 and 2030 respectively. As of December 31, 2020, the Company has remaining tax-deductible goodwill of $118 million, resulting from acquisitions. The amortization of this goodwill is deductible over various periods ranging up to 10 years.

 

After considering the impact of losses incurred in 2020, the Company has determined that it no longer has net undistributed earnings subject to a permanent reinvestment assertion.