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Income Taxes
3 Months Ended
Mar. 31, 2017
Income Taxes  
Income Taxes

 

11. Income Taxes

 

We evaluate our estimated annual effective income tax rate based on current and forecasted business results and enacted tax laws on a quarterly basis and apply this tax rate to our ordinary income or loss to calculate our estimated tax expense or benefit. The Company excludes zero tax rate and tax exempt jurisdictions from our evaluation of the estimated annual effective income tax rate.

 

Income tax expense (benefit) was $22.2 million and $(2.0) million for the three months ended March 31, 2017 and 2016, respectively. The income tax provision consists of United States and Ghanaian income and Texas margin taxes. Our operations in other foreign jurisdictions have a 0% effective tax rate because they reside in countries with a 0% statutory rate or we have incurred losses in those countries and have full valuation allowances against the corresponding net deferred tax assets.

 

Income (loss) before income taxes is composed of the following:

 

 

 

 

 

 

 

 

 

 

 

Three Months Ended March 31,

 

 

    

2017

    

2016

 

 

 

(In thousands)

 

Bermuda

 

$

(16,181)

 

$

(15,797)

 

United States

 

 

1,412

 

 

2,096

 

Foreign—other

 

 

8,105

 

 

(47,314)

 

Income (loss) before income taxes

 

$

(6,664)

 

$

(61,015)

 

 

Our effective tax rate for the three months ended March 31, 2017 and 2016 is 333% and 3%, respectively. The effective tax rate for the United States is approximately 21% and 108% for the three months ended March 31, 2017 and 2016, respectively. The effective tax rate in the United States is impacted by the effect of equity-based compensation tax shortfalls and windfalls equal to the difference between the income tax benefit recognized for financial statement purposes and the income tax benefit realized for tax return purposes. The effective tax rate for Ghana is approximately 35% for the three months ended March 31, 2017 and 2016. The effective tax rate in Ghana is impacted by non-deductible expenditures associated with the damage to the turret bearing, which we expect to recover from insurance proceeds. Any such insurance recoveries would not be subject to income tax.

 

A subsidiary of the Company files a U.S. federal income tax return and a Texas margin tax return. In addition to the United States, the Company files income tax returns in the countries in which we operate. The Company is open to U.S. federal income tax examinations for tax years 2013 through 2016 and to Texas margin tax examinations for the tax years 2011 through 2016. In addition, the Company is open to income tax examinations for years 2011 through 2016 in its significant other foreign jurisdictions, primarily Ghana.

 

As of March 31, 2017, the Company had no material uncertain tax positions. The Company’s policy is to recognize potential interest and penalties related to income tax matters in income tax expense.