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Income Taxes
6 Months Ended
Jun. 30, 2020
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
We determine our provision for income taxes for interim periods using an estimate of our annual effective tax rate. We record any changes affecting the estimated annual effective tax rate in the interim period in which the change occurs, including discrete items.
For the three months ended June 30, 2020, the effective tax rate was a 22.3% benefit on a pre-tax loss, compared to a 20.4% expense on a pre-tax income for the three months ended June 30, 2019. The change in the effective tax rate was primarily due to discrete tax benefits in the prior year period.
For the six months ended June 30, 2020, the effective tax rate was a 12.1% benefit on a pre-tax loss, compared to a 7.2% expense on a pre-tax income for the six months ended June 30, 2019. The change in the effective tax rate was primarily driven by the nondeductible impairment charges and a valuation allowance principally related to unrealized capital losses in the first quarter of 2020.
We are subject to taxation in the United States and foreign jurisdictions. Our income tax filings are regularly examined by federal, state and foreign tax authorities. We filed a protest with the Internal Revenue Service (“IRS”) for our 2011 to 2013 tax years and our case has been forwarded to appeals. We are under examination by the IRS for our 2014 to 2016 tax years. During the fourth quarter of 2019, the IRS issued final adjustments related to transfer pricing with our foreign subsidiaries for our 2011 to 2013 tax years. The proposed adjustments would increase our U.S. taxable income by $696 million, which would result in federal tax of approximately $244 million, subject to interest. We do not agree with the position of the IRS and formally
protested the IRS position. Subsequent years remain open to examination by the IRS. We do not anticipate a significant impact to our gross unrecognized tax benefits within the next 12 months related to these years.
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which, along with earlier issued IRS guidance, provides for deferral of certain taxes. The CARES Act, among other things, also contains numerous provisions which may benefit the Company. We continue to assess the effect of the CARES Act and ongoing government guidance related to COVID-19 that may be issued.