XML 23 R24.htm IDEA: XBRL DOCUMENT v3.19.3
Income Taxes (Notes)
3 Months Ended
Sep. 30, 2019
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block]
Income Taxes
On December 22, 2017, the United States enacted tax reform legislation (“Tax Reform”) that included a broad range of business tax provisions, including but not limited to a reduction in the U.S. federal tax rate from 35% to 21% as well as provisions that limit or eliminate various deductions or credits. The legislation also causes U.S. expenses, such as interest and general administrative expenses, to be taxed and imposes a new tax on U.S. cross-border payments.
For the year ended December 31, 2018, the Company recognized income tax expense of $40, primarily as a result of income from certain foreign operations. In the United States, as a result of Tax Reform, disallowed interest expense resulted in current year taxable income which utilized a net operating loss carryforward. The disallowed interest expense carryforward of $283 generated a deferred tax asset. The decrease in the valuation allowance due to the net operating loss utilization was offset by an increase in the valuation allowance recorded on the interest expense carryforward deferred tax asset. Tax Reform also resulted in the inclusion of Global Intangible Low Tax Income (“GILTI”) of $21, which was fully offset by our net operating loss. This further reduced the Company’s valuation allowance.
Additionally, certain provisions of Tax Reform were not effective until 2018. During 201, the Company evaluated and recorded the impact of these provisions in the financial statements and the Company has made its accounting policy elections with respect to these items. The Company elected to account for GILTI as a current period expense in the reporting period in which the tax is incurred.
The income tax (benefit) expense for the Successor period July 2, 2019 through September 30, 2019, and the Predecessor periods July 1, 2019 and the three months ended September 30, 2018 was $(4), $207 and $6, respectively. The income tax (benefit) expense for the Successor period from July 2, 2019 through September 30, 2019, and for the Predecessor periods January 1, 2019 through July 1, 2019 and the nine months ended September 30, 2018 was $(4), $222 and $17, respectively.
The income tax (benefit) expense relates primarily to losses and income from certain foreign operations as well as the impacts of reorganization adjustments and fresh start accounting. In 2019 and 2018, losses in the United States and certain foreign jurisdictions had no impact on income tax expense as no tax benefit was recognized due to the maintenance of a full valuation allowance.
The effective tax rate for the Successor period July 2, 2019 through September 30, 2019, and the Predecessor periods July 1, 2019 and the three months ended September 30, 2018 was 8%, 6% and (50)%, respectively. The effective tax rate for the Successor period from July 2, 2019 through September 30, 2019, and for the Predecessor periods January 1, 2019 through July 1, 2019 and the nine months ended September 30, 2018 was 8%, 7% and (46)%, respectively.
The change in the effective tax rate was primarily attributable to the income tax impacts from reorganization adjustments and fresh start accounting. The effective tax rate was also impacted by the amount and distribution of income and losses among the various jurisdictions in which we operate. The operating gains and losses generated in jurisdictions where no tax expense or benefit was recognized due to the maintenance of a full valuation allowance also impacted the effective tax rate.
Upon emergence from bankruptcy, the Successor Company applied fresh start accounting (See Note 4 for more information regarding fresh start accounting) and therefore the deferred tax assets and liabilities were adjusted based on the revised U.S. GAAP financial statements. As a result of the step-up in U.S. GAAP basis in the Successor Company’s foreign assets without a corresponding step-up in the tax basis of the foreign assets, the Successor Company’s deferred tax liability increased. An Internal Revenue Code §338(h)(10) election is expected to be made to treat the Emergence as an asset sale for U.S. income tax purposes. As a result, the Emergence is expected to be treated as a deemed sale of assets of the Predecessor Company while the Successor Company receives a step-up in U.S. tax basis to fair value. The Successor Company anticipates electing bonus depreciation (as currently permitted under Tax Reform) on the stepped-up U.S. eligible fixed assets. The Successor Company also anticipates amortizing the stepped-up basis of intangibles over a 15-year period and the Successor Company’s depreciation and amortization expense is expected to generate a U.S. net operating loss (“NOL”) for the tax year ended December 31, 2019. The NOL will be carried forward indefinitely but will be subject to an 80% limitation on U.S. taxable income.
The Company recorded income tax expense of $40 for reorganization adjustments in the Predecessor period, primarily consisting of tax expense of $50 for the gain recognized between fair value and tax basis (the gain in Predecessor Company will be substantially offset by the Predecessor Company’s tax attributes, including NOL and previously disallowed interest expense). A tax benefit of $10 was recorded for the removal of a valuation allowance for certain foreign jurisdictions. Pursuant to the Plan, the Successor Company is obligated to indemnify the Predecessor Company for any tax related liabilities. The Predecessor Company recorded income tax expense of $167 for fresh start accounting in the Predecessor period, primarily related to the increase in deferred tax liabilities resulting from fresh start accounting.
The majority of the Predecessor Company’s U.S. and certain state NOL carryforwards, along with other tax attributes, are expected to be utilized or forfeited as a result of the taxable gain realized from the Emergence. Certain foreign NOL and other carryforwards of the Predecessor Company will also be forfeited upon the Emergence.