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Income Taxes
9 Months Ended
Sep. 30, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

(11) Income Taxes

 

Our effective income tax rates were 24.5% and 26.9% during the three-month periods ended September 30, 2020, and 2019, respectively, and 24.1% and 22.2% during the nine-month periods ended September 30, 2020, and 2019, respectively.  The decrease in the effective tax rate during the three-month period ended September 30, 2020, as compared to the comparable quarter of 2019, was primarily due to the $6 million unfavorable adjustment related to the non-deductible DOJ Reserve recorded in the third quarter of 2019 offset by $3 million tax expense attributable to employee share-based payments during the third quarter of 2020.  The increase in the effective tax rate during the nine-month period ended September 30, 2020, as compared with the same period in 2019, was primarily due to a tax expense (benefit) from employee share-based payments of $4 million expense and $12 million benefit during the nine month periods ended September 30, 2020 and 2019, respectively and a $4 million increase resulting from a favorable adjustment to the income tax provision related to the effects of a change in state tax law enacted during 2019 offset by $6 million unfavorable adjustment related to the non-deductible DOJ Reserve recorded in the third quarter of 2019.

The global intangible low-taxed income (“GILTI”) provisions from the TCJA-17 require the inclusion of the earnings of certain foreign subsidiaries in excess of an acceptable rate of return on certain assets of the respective subsidiaries in our U.S. tax return for tax years beginning after December 31, 2017.  An accounting policy election was made during 2018 to treat taxes related to GILTI as a period cost when the tax is incurred. We recorded a GILTI tax provision of zero and less than $1 million for the nine months ended September 30, 2020 and 2019, respectfully.

As of January 1, 2020, our unrecognized tax benefits were approximately $2 million. The amount, if recognized, that would favorably affect the effective tax rate is approximately $2 million. During the nine months ended September 30, 2020, changes to the estimated liabilities for uncertain tax positions (including accrued interest) relating to tax positions taken during prior and current periods did not have a material impact on our financial statements.

We recognize accrued interest and penalties associated with uncertain tax positions as part of the tax provision. As of September 30, 2020, we have less than $1 million of accrued interest and penalties. The U.S. federal statute of limitations remains open for 2017 and subsequent years. Foreign and U.S. state and local jurisdictions have statutes of limitations generally ranging from 3 to 4 years. The statute of limitations on certain jurisdictions could expire within the next twelve months.  It is reasonably possible that the amount of uncertain tax benefits will change during the next 12 months, however, it is anticipated that any such change, if it were to occur, would not have a material impact on our results of operations.

We operate in multiple jurisdictions with varying tax laws. We are subject to audits by any of these taxing authorities. Our tax returns have been examined by the Internal Revenue Service (“IRS”) through the year ended December 31, 2006. We believe that adequate accruals have been provided for federal, foreign and state taxes.