XML 87 R19.htm IDEA: XBRL DOCUMENT v3.19.3.a.u2
Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes  
Income Taxes

Note 11 Income Taxes

​

Income (loss) from continuing operations before income taxes consisted of the following:

​

​

​

​

​

​

​

​

​

​

​

​

​

​

Year Ended December 31,

 

United States and Other Jurisdictions

    

2019

    

2018

    

2017

 

​

​

(In thousands)

 

United States

​

$

5,979

​

$

(119,419)

​

$

(369,162)

​

Other jurisdictions

​

 

(594,901)

​

 

(399,375)

​

 

(210,922)

​

Income (loss) from continuing operations before income taxes

​

$

(588,922)

​

$

(518,794)

​

$

(580,084)

​

​

Income tax expense (benefit) from continuing operations consisted of the following:

​

​

​

​

​

​

​

​

​

​

​

​

​

​

Year Ended December 31,

 

​

    

2019

    

2018

    

2017

 

​

​

​

​

​

​

​

​

 

​

​

(In thousands)

 

Current:

​

​

​

​

​

​

​

​

​

​

U.S. federal

​

$

1,210

​

$

(32,351)

​

$

(160,761)

​

Outside the U.S.

​

 

54,097

​

 

32,928

​

 

59,491

​

State

​

 

318

​

 

1,811

​

 

(810)

​

​

​

$

55,625

​

$

2,388

​

$

(102,080)

​

Deferred:

​

​

​

​

​

​

​

​

​

​

U.S. federal

​

$

58,157

​

$

37,476

​

$

49,020

​

Outside the U.S.

​

 

(25,428)

​

 

39,518

​

 

(26,684)

​

State

​

 

3,222

​

 

(113)

​

 

(3,226)

​

​

​

$

35,951

​

$

76,881

​

$

19,110

​

Income tax expense (benefit)

​

$

91,576

​

$

79,269

​

$

(82,970)

​

​

A reconciliation of our statutory tax rate to our worldwide effective tax rate consists of the following:

​

​

​

​

​

​

​

​

​

​

​

​

​

​

Year Ended December 31,

 

​

    

2019

    

2018

    

2017

 

​

​

(In thousands)

 

Income tax provision at statutory (Bermuda rate of 0%)

​

$

—

​

$

—

​

$

—

​

Taxes (benefit) on U.S. and other international earnings (losses) at greater than the Bermuda rate

​

 

54,060

​

 

49,375

​

 

(98,119)

​

Increase (decrease) in valuation allowance

​

 

32,869

​

 

38,822

​

 

29,165

​

Impact of Tax Reform Act

​

 

—

​

 

—

​

 

138,635

​

Tax reserves and interest

​

​

1,107

​

​

(10,626)

​

​

(148,615)

​

State income taxes (benefit)

​

 

3,540

​

 

1,698

​

 

(4,036)

​

Income tax expense (benefit)

​

$

91,576

​

$

79,269

​

$

(82,970)

​

Effective tax rate

​

 

(15.5%)

​

 

(15.3%)

​

 

14.3%

​

​

The increase in tax expense during 2019 compared to 2018 was primarily attributable to the change in our geographic mix of pre-tax earnings (losses). The ratio of pre-tax earnings in certain high tax jurisdictions compared to low or zero tax jurisdictions increased in 2019 compared to 2018, resulting in an increase in income tax expense. This increase was partially offset by certain discrete items. During 2019, we recognized a $29.6 million tax benefit from the release of a valuation allowance in one of our foreign jurisdictions related to net operating loss carryforwards. This was partially offset by a $14.4 million settlement of a tax dispute in one of our foreign jurisdictions. During 2018, we recognized a non-cash expense of $52.0 million to reflect a valuation allowance on deferred tax assets in Canada.

​

The components of our net deferred taxes consisted of the following:

​

​

​

​

​

​

​

​

​

​

​

December 31,

 

​

    

2019

    

2018

 

​

​

(In thousands)

 

Deferred tax assets:

​

​

​

​

​

​

​

Net operating loss carryforwards

​

$

2,834,851

​

$

1,967,910

​

Equity compensation

​

 

6,577

​

 

7,038

​

Deferred revenue

​

 

8,873

​

 

16,494

​

Tax credit and other attribute carryforwards

​

 

97,215

​

 

100,752

​

Insurance loss reserves

​

 

2,248

​

 

2,451

​

Accrued interest

​

 

172,120

​

 

206,088

​

Other

​

 

95,588

​

 

82,167

​

Subtotal

​

 

3,217,472

​

 

2,382,900

​

Valuation allowance

​

 

(2,813,567)

​

 

(1,917,390)

​

Deferred tax assets:

​

$

403,905

​

$

465,510

​

Deferred tax liabilities:

​

​

​

​

​

​

​

Depreciation and amortization for tax in excess of book expense

​

$

80,155

​

$

102,810

​

Other

​

 

21,055

​

 

23,920

​

Deferred tax liability

​

$

101,210

​

$

126,730

​

Net deferred tax assets (liabilities)

​

$

302,695

​

$

338,780

​

Balance Sheet Summary:

​

​

​

​

​

​

​

Net noncurrent deferred tax asset

​

$

305,844

​

$

345,091

​

Net noncurrent deferred tax liability

​

 

(3,149)

​

 

(6,311)

​

Net deferred tax asset (liability)

​

$

302,695

​

$

338,780

​

​

As of December 31, 2019 we had federal, state, and foreign net operating loss (“NOL”) carryforwards of approximately $418.3 million, $1.1 billion and 10.9 billion, respectively. Of those amounts, $3.7 billion will expire between 2020 and 2040 if not utilized. We provide a valuation allowance against NOL carryforwards in various tax jurisdictions based on our consideration of existing temporary differences and expected future earning levels in those jurisdictions. A valuation allowance of approximately $2.6 billion has been recognized related to certain NOL carryforwards as we believe it is more likely than not that the benefit of these NOL carryforwards will not be realized.

​

The following is a reconciliation of our uncertain tax positions:

​

​

​

​

​

​

​

​

​

​

​

​

​

​

​

Year Ended December 31,

 

​

    

2019

    

​

2018

    

2017

 

​

​

(In thousands)

 

Balance as of January 1

​

$

25,711

​

​

$

33,203

​

$

179,255

​

Additions based on tax positions related to the current year

​

 

—

​

​

 

—

​

 

—

​

Additions for tax positions of prior years

​

 

1,003

​

​

 

308

​

 

25,119

​

Reductions for tax positions for prior years

​

 

(860)

​

​

 

(7,800)

​

 

(171,171)

​

Settlements

​

​

(84)

​

​

​

—

​

​

—

​

Balance as of December 31

​

$

25,770

​

​

$

25,711

​

$

33,203

​

​

If the unrecognized tax benefits of $25.7 million are realized, this would favorably impact the worldwide effective tax rate. As of December 31, 2019, 2018 and 2017, we had approximately $7.7 million, $6.7 million and $9.7 million, respectively, of interest and penalties related to uncertain tax positions. During 2019, 2018 and 2017, we accrued and recognized estimated interest and penalties related to uncertain tax positions of approximately $0.8 million, $1.0 million and $0.5 million, respectively. We include potential interest and penalties related to uncertain tax positions within our global operations in the income tax expense (benefit) line item in our consolidated statements of income (loss).

​

It is reasonably possible that our existing liabilities related to our reserve for uncertain tax positions may increase or decrease in the next twelve months primarily due to the completion of open audits or the expiration of statutes of limitation. However, we cannot reasonably estimate a range of changes in our existing liabilities due to various uncertainties, such as the unresolved nature of various audits.

​

We conduct business globally and, as a result, we file numerous income tax returns in the U.S. and non-U.S. jurisdictions. In the normal course of business we are subject to examination by taxing authorities throughout the world, including major jurisdictions such as Algeria, Canada, Mexico, Saudi Arabia and the United States. We are no longer subject to U.S. Federal income tax examinations for years before 2016 and non-U.S. income tax examinations for years before 2007.