Income Taxes

12 Months Ended

Dec. 31, 2022

Income Tax Disclosure [Abstract]

Income Taxes

INCOME TAXES

The provision (benefit) for income taxes consists of the following:

	Year Ended December 31,
	2022		2021		2020
	(Amounts in thousands)
Current:
U.S. federal	$	45,130	$	66,486	$	40,234
Foreign	40,876		29,987		42,487
State and local	6,177		1,478		5,894
Total current provision (benefit)	92,183		97,951		88,615
Deferred:
U.S. federal	(88,498)		(92,021)		(50,038)
Foreign	(42,756)		(4,339)		26,742
State and local	(4,568)		(4,185)		(3,902)
Total deferred provision (benefit)	(135,822)		(100,545)		(27,198)
Total provision (benefit)	$	(43,639)	$	(2,594)	$	61,417

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

	Year Ended December 31,
	2022			2021			2020
	(Amounts in millions)
Statutory federal income tax at 21%	$	32.4		$	28.1		$	39.2
Base Erosion and Anti-abuse Tax	(7.6)			7.6			—
Foreign impact, net	(22.3)			(158.0)			0.1
Change in valuation allowances	(50.5)			146.6			26.9
State and local income taxes, net	1.6			(2.7)			2.0
Reversal of deferred tax liabilities following legal entity reorganizations	—			(22.6)			—
Research and development credit	(1.0)			(3.6)			(5.2)
Non-deductible items	2.3			4.4			1.8
U.S. federal tax return to accrual adjustments, not separately disclosed in other categories	1.8			(0.8)			(1.6)
Recognition of compensation costs related to restricted shares	2.4			(1.3)			1.0
Intercompany profit in inventory	(2.0)			(0.3)			0.3
Other, net	(0.7)			—			(3.1)
Total	(43.6)			(2.6)			61.4
Effective tax rate	(28.3)		%	(1.9)		%	30.4		%

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, 2022, we are not subject to BEAT tax, and the previously recorded 2021 BEAT tax was reversed in 2022 following finalization of the 2021 U.S. federal income tax return.

For the year ended December 31, 2022, the change in valuation allowances is driven mainly by the release of the valuation allowance against our deferred tax assets in Germany and Mexico partially offset by a valuation allowance establishment in Argentina as well as the release of the valuation allowance on our U.S. foreign tax credit carryforwards on general category income. The Company determined that the net deferred tax assets in Germany and Mexico are realizable based on recent history of profitability and future income projections. In addition, we determined that the U.S. foreign tax credit carryforwards on general category income were realizable based on the development of a tax planning strategy..

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).

For the years ended December 31, 2022, 2021 and 2020 we have asserted indefinite reinvestment on certain earnings of our foreign subsidiaries. As of December 31, 2022, we had not recorded approximately $24.5 million of deferred tax liabilities associated with remaining unremitted earnings considered indefinitely reinvested, specifically related to foreign withholding taxes that would be due upon repatriation of the designated earnings to the U.S. While the company has estimated the foreign withholding tax impact related to distributing earnings currently deemed permanently reinvested, the calculation of the potential US tax consequences associated with the distribution of earnings currently deemed permanently reinvested is impracticable.

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,
	2022		2021
	(Amounts in thousands)
Deferred tax assets related to:
Net operating loss carryforwards	$	183,541	$	200,196
Credit and capital loss carryforwards	197,774		185,832
Warranty and accrued liabilities	49,302		26,116
Section 59(e) capitalized expenses	54,486		43,434
Other	168,933		161,418
Total deferred tax assets	654,036		616,996
Valuation allowances	(356,557)		(415,962)
Net deferred tax assets	$	297,479	$	201,034
Deferred tax liabilities related to:
Goodwill and intangibles	$	(123,088)	$	(123,133)
Foreign undistributed earnings	(11,154)		(15,529)
Operating lease right-of-use-assets	(20,453)		(25,556)
Other	(1,395)		(1,936)
Total deferred tax liabilities	(156,090)		(166,154)
Deferred tax asset (liabilities), net	$	141,389	$	34,880

We had $1,475.0 million of U.S. and foreign net operating loss carryforwards at December 31, 2022. Of this total, $19.8 million are state net operating losses. State net operating losses generated in the U.S., if unused, will expire in 2027. $234.0 million of our foreign net operating losses carry forward without expiration. Our Hungarian net operating loss of $1,089.0 million that has a full valuation allowance (see discussion below), if unused, will expire in 2025. The remaining foreign net operating losses of $132.1 million that do not carry forward without expiration, if unused, will expire between 2023-2033. Additionally, we had $93.5 million of foreign tax credit carryforwards at December 31, 2022, that have a valuation allowance on the foreign branch category income (see discussion below), if unused, will expire between 2026-2032.

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 - currency effects and other, net		Deductions from reserve		Balance at end of year
Year Ended December 31, 2022
Deferred tax asset valuation allowance(1):	$	415,962	$	36,822	$	(11,775)	$	(84,452)	$	356,557
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

______________________________

(1)Deductions from reserve result from the release of valuation allowances on deferred tax assets, expiration or utilization of net operating losses and foreign tax credits previously reserved. Additions to reserve result from the establishment of valuation allowances on deferred tax assets, generation of net operating losses and foreign tax credits.

The Company maintains a full valuation allowance against the net deferred tax assets in certain foreign jurisdictions as of December 31, 2022. As of each reporting date, management considers new evidence, both positive and negative that could affect its view of the future realization of net deferred tax assets. It is possible that within the next 12 months there may be sufficient positive evidence to release a portion or all of the remaining valuation allowance in those foreign jurisdictions. Release of the valuation allowance would result in a benefit to income tax expense for the period the release is recorded, which could have a material impact on net earnings. The timing and amount of the potential valuation allowance release are subject to significant management judgment and the level of profitability achieved.

Our valuation allowances primarily relate to the deferred tax assets established for U.S. foreign tax credit carryforwards on foreign branch category income of $45.2 million, Hungarian net operating loss carryforward of $98.0 million, a foreign capital loss carryforward of $100.0 million, and other foreign deferred tax assets of $113.4 million. The Hungarian net operating loss carryforward was a result of a local statutory impairment of investments in subsidiaries in 2021. 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,
	2022		2021		2020
	(Amounts in thousands)
U.S.	$	63,508	$	(52,915)	$	73,109
Foreign	90,868		186,504		129,183
Total	$	154,376	$	133,589	$	202,292

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

	2022		2021		2020
Balance — January 1	$	49.9	$	54.8	$	40.6
Gross amount of increase (decrease) in unrecognized tax benefits resulting from tax positions taken:
During a prior year	5.4		8.0		3.8
During the current period	5.8		4.5		11.1
Decreases in unrecognized tax benefits relating to:
Settlements with taxing authorities	(5.5)		(10.2)		(0.2)
Lapse of the applicable statute of limitations	(4.1)		(5.1)		(2.5)
Increase (decrease) in unrecognized tax benefits relating to foreign currency translation adjustments	(1.3)		(2.1)		2.0
Balance — December 31	$	50.2	$	49.9	$	54.8

The amount of gross unrecognized tax benefits at December 31, 2022, was $71.1 million, which includes $20.9 million of accrued interest and penalties. Of this amount $57.5 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 2016 or foreign income tax audits for years through 2015. We are currently under examination for various years in Canada, China, Germany, India, Indonesia, Italy, Kenya, Madagascar, 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 $12 million within the next 12 months.