Income Taxes

12 Months Ended

Dec. 31, 2021

Income Tax Disclosure [Abstract]

Income Taxes

INCOME TAXES

The provision for income taxes consists of the following:

	Year Ended December 31,
	2021		2020		2019
	(Amounts in thousands)
Current:
U.S. federal	$	66,486	$	40,234	$	22,001
Foreign	29,987		42,487		61,976
State and local	1,478		5,894		4,506
Total current	97,951		88,615		88,483
Deferred:
U.S. federal	(92,021)		(50,038)		(1,644)
Foreign	(4,339)		26,742		(12,243)
State and local	(4,185)		(3,902)		897
Total deferred	(100,545)		(27,198)		(12,990)
Total provision	$	(2,594)	$	61,417	$	75,493

The provision for income taxes differs from the statutory corporate rate due to the following:

	Year Ended December 31,
	2021			2020			2019
	(Amounts in millions)
Statutory federal income tax at 21%	$	28.1		$	39.2		$	67.7
Base Erosion and Anti-abuse Tax	7.6			—			—
Foreign impact, net	(158.0)			0.1			4.5
Change in valuation allowances	146.6			26.9			0.3
State and local income taxes, net	(2.7)			2.0			5.4
Reversal of deferred tax liabilities following legal entity reorganizations	(22.6)			—			—
Research and development credit	(3.6)			(5.2)			(5.4)
Non-deductible items	4.4			1.8			1.9
Other, net	(2.4)			(3.4)			1.1
Total	(2.6)			61.4			75.5
Effective tax rate	(1.9)		%	30.4		%	23.4		%

On December 22, 2017, the U.S. enacted the Tax Cuts and Jobs Act of 2017 (the “Tax Reform Act”), which provided the base-erosion and anti-abuse tax (“BEAT”) provision which effectively creates a new minimum tax on certain deductible payments to foreign affiliates. For the year ended December 31, 2021, we are subject to $7.6 million of BEAT tax.

For the year ended December 31, 2021, the net foreign impact is driven mainly by the Hungarian net operating loss and foreign tax credit carryforward that are both fully offset in the change in valuation allowance (see discussion below).

In response to the COVID-19 pandemic, many governments have enacted or are contemplating measures to provide aid and economic stimulus. These measures may include deferring the due dates of tax payments or other changes to their income and non-income-based tax laws. The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which was enacted on March 27, 2020 in the U.S., includes measures to assist companies, including temporary changes to income and non-income-based tax laws. For the years ended December 31, 2021 and 2020, there were no material tax impacts to our consolidated financial statements as they relate to the CARES Act or any other global COVID-19 measures. We continue to monitor additional guidance issued by the U.S. Treasury Department, the Internal Revenue Service and others.

For the years ended December 31, 2021, 2020 and 2019 we have asserted indefinite reinvestment on certain earnings of our foreign subsidiaries. As of December 31, 2021, we have not recorded approximately $21.1 million of deferred tax liabilities associated with remaining unremitted earnings considered indefinitely reinvested, primarily related to foreign withholding taxes that would be due upon repatriation of the designated earnings to the U.S.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the consolidated deferred tax assets and liabilities were:

	December 31,
	2021		2020
	(Amounts in thousands)
Deferred tax assets related to:
Retirement benefits	$	17,212	$	29,754
Net operating loss carryforwards	200,196		108,643
Inventories	21,216		36,402
Credit and capital loss carryforwards	185,832		136,956
Warranty and accrued liabilities	26,116		27,483
Operating lease liability	27,211		25,446
Section 59(e) capitalized expenses	43,434		21,668
Other	95,779		76,202
Total deferred tax assets	616,996		462,554
Valuation allowances	(415,962)		(287,410)
Net deferred tax assets	201,034		175,144
Deferred tax liabilities related to:
Property, plant and equipment	—		(11,714)
Goodwill and intangibles	(123,133)		(123,486)
Foreign undistributed earnings	(15,529)		(50,332)
Operating lease right-of-use-assets	(25,556)		(25,799)
Other	(1,936)		(19,100)
Total deferred tax liabilities	(166,154)		(230,431)
Deferred tax asset/(liabilities), net	$	34,880	$	(55,287)

We have $1,643.4 million of U.S. and foreign net operating loss carryforwards at December 31, 2021. Of this total, $24.7 million are state net operating losses. Net operating losses generated in the U.S., if unused, will expire in 2027. The majority of our foreign net operating losses, with the exception of the gross net operating loss of $1,256.5 million in Hungary that has a full valuation allowance (see discussion below), carry forward without expiration. Additionally, we have $86.4 million of foreign tax credit carryforwards at December 31, 2021. The foreign tax credit carryforwards, if unused, will expire in 2026, 2028-2031 tax years.

Our valuation allowances primarily relate to the deferred tax assets established for U.S. foreign tax credit carryforwards of $86.4 million, Hungarian net operating loss carryforward of $113.1 million, a foreign capital loss carryforward of $94.9 million, and other foreign deferred tax assets of $121.6 million. The Hungarian net operating loss carryforward was a result of a local statutory impairment of investments in subsidiaries. It is more likely than not that the loss will not be utilized within its five year carryforward period and, therefore, has a full valuation allowance. The foreign capital loss carryforward was the result of a reorganization of certain foreign subsidiaries in 2019. Due to its capital nature, it is more likely than not that the loss will not be utilized within its ten year carryforward period and, therefore, has a full valuation allowance.

Earnings before income taxes comprised:

	Year Ended December 31,
	2021		2020		2019
	(Amounts in thousands)
U.S.	$	(52,915)	$	73,109	$	110,500
Foreign	186,504		129,183		211,933
Total	$	133,589	$	202,292	$	322,433

A tabular reconciliation of the total gross amount of unrecognized tax benefits, excluding interest and penalties, is as follows (in millions):

	2021		2020		2019
Balance — January 1	$	54.8	$	40.6	$	41.2
Gross amount of increase (decrease) in unrecognized tax benefits resulting from tax positions taken:
During a prior year	8.0		3.8		8.8
During the current period	4.5		11.1		6.3
Decreases in unrecognized tax benefits relating to:
Settlements with taxing authorities	(10.2)		(0.2)		(11.4)
Lapse of the applicable statute of limitations	(5.1)		(2.5)		(3.2)
Increase (decrease) in unrecognized tax benefits relating to foreign currency translation adjustments	(2.1)		2.0		(1.1)
Balance — December 31	$	49.9	$	54.8	$	40.6

The amount of gross unrecognized tax benefits at December 31, 2021, was $67.1 million, which includes $17.2 million of accrued interest and penalties. Of this amount $54.3 million, if recognized, would favorably impact our effective tax rate.

With limited exception, we are no longer subject to U.S. federal income tax audits for years through 2017, state and local income tax audits for years through 2015 or foreign income tax audits for years through 2014. We are currently under examination for various years in Canada, Germany, India, Indonesia, Italy, Malaysia, Mexico, the Philippines, Saudi Arabia, the U.S. and Venezuela.

It is reasonably possible that within the next 12 months the effective tax rate will be impacted by the resolution of some or all of the matters audited by various taxing authorities. It is also reasonably possible that we will have the statute of limitations close in various taxing jurisdictions within the next 12 months. As such, we estimate we could record a reduction in our tax expense up to approximately $13 million within the next 12 months.

The following schedule presents the changes in deferred tax asset valuation allowance as follows:

(Amounts in thousands)	Balance at Beginning of Year	Additions Charged to Cost and Expenses	Additions Charged to Other Accounts— Acquisitions and Related Adjustments	Deductions From Reserve	Balance at End of Year
Year Ended December 31, 2021
Deferred tax asset valuation allowance(1):	287,410	178,203	(15,572)	(34,079)	415,962
Year Ended December 31, 2020
Deferred tax asset valuation allowance(1):	266,414	49,950	(529)	(28,425)	287,410
Year Ended December 31, 2019
Deferred tax asset valuation allowance(1):	133,929	145,010	1,832	(14,357)	266,414

______________________________

(1)Deductions from reserve result from the expiration or utilization of net operating losses and foreign tax credits previously reserved. Additions in 2021 include generation of net operating losses and foreign tax credits and in 2019 include the generation of a capital loss carryforward.