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Income Taxes
9 Months Ended
Sep. 30, 2018
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
Income taxes are accounted for under the provisions of ASC 740 “Income Taxes”, which generally requires the Company to record deferred income taxes for the tax effect of differences between book and tax bases of its assets and liabilities.
Deferred income taxes reflect the available net operating losses and the net tax effect of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Realization of the future tax benefits related to deferred tax assets is dependent on many factors, including the Company’s past earnings history, expected future earnings, the character and jurisdiction of such earnings, unsettled circumstances that, if unfavorably resolved, would adversely affect utilization of its deferred tax assets, carryback and carryforward periods, and tax strategies that could potentially enhance the likelihood of realization of a deferred tax asset.
The Company recorded an income tax benefit of approximately $2.6 million and an income tax expense of approximately $1.8 million for the three months ended September 30, 2018 and 2017, respectively, and an income tax benefit of approximately $2.8 million and an income tax expense of approximately $3.4 million for the nine months ended September 30, 2018 and 2017, respectively. As a REIT, the Company is entitled to a deduction for dividends paid, resulting in a substantial reduction in the amount of federal income tax expense it recognizes. Substantially all of the Company’s income tax expense is incurred based on the earnings generated by its foreign operations, and a significant portion of those earnings is permanently reinvested.
Tax Cuts and Jobs Act
On December 22, 2017, the U.S. government enacted comprehensive tax legislation in the form of the Tax Cuts and Jobs Act (TCJA) that significantly revises the U.S. tax code effective January 1, 2018. The Company is applying the guidance in SAB 118 when accounting for the enactment date effects of TCJA. At December 31, 2017, the Company made a reasonable estimate of the one-time transition tax on accumulated foreign earnings as well as the impact of the TCJA on its existing deferred tax balances. The Company has not completed its accounting for the tax effects of the TCJA as of September 30, 2018 and will continue to refine its estimates as additional guidance and information becomes available.
During the three-month period ended September 30, 2018, the Company adjusted estimated amounts as it continued to refine its calculations and as new guidance was issued. Changes to the estimated amounts included a decrease to the annualized Global Intangible Low-Taxed Income (GILTI) deemed dividend from $3.1 million to $2.1 million. Also, as a result of IRS guidance issued during the third quarter of 2018, the Company now includes GILTI as REIT qualified income. The Company also determined that no inclusion was required for the mandatory one-time deemed repatriation of unremitted foreign earnings (commonly referred to as the “transition tax”); the reduction was due to a refinement of the calculation of its share of earnings and profits of non-consolidated foreign subsidiaries. The Company established a refundable Alternative Minimum Tax (AMT) additional receivable of $3.7 million for certain pre-REIT-conversion amounts that it determined were not subject to limitation. The Company will continue to refine its calculations as additional analysis is completed.
The TCJA subjects a U.S. shareholder to tax on GILTI earned by certain foreign subsidiaries. The FASB Staff Q&A, Topic 740, No. 5, Accounting for GILTI, states that an entity can make an accounting policy election to either recognize deferred taxes for temporary basis differences expected to reverse as GILTI in future years or provide for the tax expense related to GILTI in the year the tax is incurred as a period expense only. Given the complexity of the GILTI provisions, the Company is still evaluating the effects of the GILTI provisions and has not yet determined its accounting policy. At September 30, 2018, the Company has included GILTI related to current-year operations only in its estimated annual effective tax rate and has not provided additional GILTI on deferred items.