Income Taxes

The provision for income taxes consisted of the following (U.S. dollars in millions):



	Year ended
	December 28, 2018			December 29, 2017			December 30, 2016
Current:
U.S. federal income tax	$	(0.4	)	$	8.4		$	7.6
State	0.1			1.5			1.4
Non-U.S.	12.8			13.4			11.0
	12.5			23.3			20.0
Deferred:
U.S. federal income tax	2.1			2.1			(3.3		)
State	1.3			0.5			(0.6		)
Non-U.S.	0.2			(1.0		)	(4.3		)
	3.6			1.6			(8.2		)
	$	16.1		$	24.9		$	11.8

Income (loss) before income taxes consisted of the following (U.S. dollars in millions):



	Year ended
	December 28, 2018			December 29, 2017		December 30, 2016
U.S.	$	11.9		$	31.1	$	16.0
Non-U.S.	(11.7		)	113.0		221.4
	$	0.2		$	144.1	$	237.4

10. Income Taxes (continued)

The differences between the reported provision for income taxes and income taxes computed at the U.S. statutory federal income tax rate are explained in the following reconciliation (U.S. dollars in millions):



	Year ended
	December 28, 2018			December 29, 2017			December 30, 2016
Income tax provision (benefit) computed at the U.S. statutory federal rate	$	—		$	50.4		$	83.1
Effect of tax rates on non-U.S. operations	(33.2		)	(67.4		)	(98.8		)
Provision for uncertain tax positions	—			0.7			(0.5		)
Non-deductible interest	2.3			2.4			2.0
Foreign exchange	(11.5		)	2.3			15.1
Non-deductible intercompany charges	(0.1		)	—			1.2
Non-deductible differences	0.6			6.0			1.7
Non-taxable income/loss	(1.5		)	0.3			11.8
Non-deductible goodwill impairment	—			—			0.4
Non-deductible impairment charges	3.6			—			—
Adjustment to deferred balances	0.4			0.1			—
Other	2.2			(0.9		)	0.9
Other taxes in lieu of income	2.4			1.8			1.9
Change in deferred rate	(1.3		)	11.7			(3.4		)
Increase (decrease) in valuation allowance ⁽¹⁾	52.2			17.5			(3.6		)
Provision for income taxes	$	16.1		$	24.9		$	11.8

_____________

⁽¹⁾ The increase in valuation allowance includes effects of foreign exchange and adjustments to deferred tax balances which were fully offset by valuation allowance.

10. Income Taxes (continued)

Deferred income tax assets and liabilities consisted of the following (U.S. dollars in millions):



		December 28,			December 29,
Deferred tax liabilities:		2018			2017
	Allowances and other accrued liabilities	$	—		$	—
	Inventories	(13.7		)	(15.3		)
	Property, plant and equipment	(70.2		)	(63.2		)
	Equity in earnings of unconsolidated companies	(0.1		)	(0.1		)
	Pension obligations	(2.5		)	(2.1		)
	Other noncurrent deferred tax liabilities	(6.5		)	(5.6		)

Total noncurrent deferred tax liabilities		$	(93.0	)	$	(86.3	)

Deferred tax assets:
	Allowances and other accrued assets	$	10.6		$	10.6
	Inventories	5.6			5.3
	Pension obligations	24.8			24.9
	Property, plant and equipment	2.3			1.5
	Post-retirement benefits other than pension	1.0			1.1
	Net operating loss carryforwards	287.1			249.7
	Capital loss carryover	1.6			2.6
	Other noncurrent assets	26.9			20.5
	Total noncurrent deferred tax assets	359.9			316.2
	Valuation allowance	(291.8		)	(257.1		)

Total deferred tax assets, net		$	68.1		$	59.1

Net deferred tax liabilities		$	(24.9	)	$	(27.2	)

The valuation allowance increased by $34.7 million in 2018 and by $25.0 million in 2017. The increase in 2018 and 2017 relates primarily to valuation allowance on additional net operating loss carryforwards offset by the effect of a change in judgment about our ability to realize deferred tax assets in future years, due to our current and foreseeable operations.

At December 28, 2018, the valuation allowance includes $0.8 million for which subsequently recognized tax benefits will be recognized directly in contributed capital.

At December 28, 2018, undistributed earnings of the Company’s foreign subsidiaries amounted to $1,496.0 million. Those earnings are considered to be either indefinitely reinvested, or the earnings could be distributed tax free. Accordingly, no taxes have been provided thereon. To the extent the earnings are considered indefinitely reinvested, determination of the amount of unrecognized deferred tax liability is not practicable due to the complexities associated with its hypothetical calculation.

10. Income Taxes (continued)

At December 28, 2018, we had approximately $1,057.2 million of federal and foreign tax operating loss carryforwards expiring as follows (U.S. dollars in millions):



Expires:
2019	$	3.9
2020	17.8
2021	26.2
2022	6.4
2023 and beyond	16.0
No expiration	986.9
	$	1,057.2

A reconciliation of the beginning and ending amount of uncertain tax positions excluding interest and penalties is as follows (U.S. dollars in millions):



	December 28, 2018			December 29, 2017			December 30, 2016
Beginning balance	$	3.2		$	3.2		$	3.9
Gross decreases - tax position in prior period	—			—			—
Gross increases - current-period tax positions	0.1			0.1			0.1
Settlements	—			—			—
Lapse of statute of limitations	(0.3		)	(0.1		)	(0.8		)
Foreign exchange	(0.1		)	—			—
Ending balance	$	2.9		$	3.2		$	3.2

We had accrued $4.2 million in 2018 and $4.2 million in 2017, for uncertain tax positions, including interest and penalties that, if recognized would affect the effective income tax rate.

The tax years 2012-2017 remain subject to examination by taxing authorities throughout the world in major jurisdictions, such as Costa Rica, Luxembourg, Switzerland and the United States.

We classify interest and penalties on uncertain tax positions as a component of income tax expense in the Consolidated Statements of Operations. Accrued interest and penalties related to uncertain tax positions are $1.3 million and $1.1 million for December 28, 2018 and December 29, 2017, respectively and are included in other noncurrent liabilities.

In connection with a current examination of the tax returns in two foreign jurisdictions, the taxing authorities have issued income tax deficiencies related to transfer pricing of approximately $141.4 million (including interest and penalties) for tax years 2012 through 2016. We strongly disagree with the proposed adjustments and have filed a protest with each of the taxing authorities as we believe that the proposed adjustments are without technical merit. We will continue to vigorously contest the adjustments and expect to exhaust all administrative and judicial remedies necessary to resolve the matters, which could be a lengthy process. We regularly assesses the likelihood of adverse outcomes resulting from examinations such as these to determine the adequacy of our tax reserves. Accordingly, we have not accrued any additional amounts based upon the proposed adjustments. There can be no assurance that these matters will be resolved in our favor, and an adverse outcome of either matter, or any future tax examinations involving similar assertions, could have a material effect on our financial condition, results of operations and cash flows.

10. Income Taxes (continued)

On December 22, 2017, the Act was signed into law. In accordance with Staff Accounting Bulletin (“SAB”) 118, we recognized the estimated impact of this legislation as a component of income tax expense in our audited financial statements for the year ending December 29, 2017. SAB 118 allows for a measurement period, not to extend beyond one year from the enactment date, for companies to complete their accounting for the provisions of the Act under Accounting Standards Codification ("ASC") 740. As of September 28, 2018, we finalized our analysis of the impact of the Act and determined that there were no adjustments required to be recorded for the financial statement for the year ending December 29, 2017.