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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

11.

INCOME TAXES

Income taxes are recognized for the amount of taxes payable or refundable for the current year and deferred tax liabilities and assets for the future tax consequences of events that have been recognized in our consolidated financial statements or tax returns. The effects of income taxes are measured based on enacted tax laws and rates.

The provision for (benefit from) income taxes from continuing operations consisted of the following:

 

 

Year ended December 31

 

 

In thousands

2020

 

 

 

2019

 

 

2018

 

 

Current taxes

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal

$

(4,989

)

 

 

$

(419

)

 

$

 

 

State

 

166

 

 

 

 

134

 

 

 

442

 

 

Foreign

 

18,470

 

 

 

 

14,014

 

 

 

14,985

 

 

 

 

13,647

 

 

 

 

13,729

 

 

 

15,427

 

 

Deferred taxes and other

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

540

 

 

 

 

(20,448

)

 

 

(9,242

)

 

State

 

(1,183

)

 

 

 

(4,105

)

 

 

251

 

 

Foreign

 

(1,428

)

 

 

 

1,582

 

 

 

1,287

 

 

 

 

(2,071

)

 

 

 

(22,971

)

 

 

(7,704

)

 

Income tax provision (benefit)

$

11,576

 

 

 

$

(9,242

)

 

$

7,723

 

 

 

The following are the domestic and foreign components of pretax income (loss) from continuing operations:

 

 

Year ended December 31

 

 

In thousands

2020

 

 

 

2019

 

 

2018

 

 

United States

$

(35,696

)

 

 

$

(107,455

)

 

$

(59,264

)

 

Foreign

 

68,055

 

 

 

 

73,002

 

 

 

66,539

 

 

Total pretax income (loss)

$

32,359

 

 

 

$

(34,453

)

 

$

7,275

 

 

 

The following table sets forth a reconciliation of the statutory federal income tax rate to our actual effective tax rate for continuing operations.

 

 

Year ended December 31

 

 

 

2020

 

 

 

2019

 

 

2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal income tax provision at statutory rate

 

21.0

%

 

 

 

21.0

%

 

 

21.0

%

 

State income taxes,  net of federal income tax benefit

 

0.6

 

 

 

 

3.7

 

 

 

(15.9

)

 

Foreign income tax rate differential

 

3.4

 

 

 

 

2.0

 

 

 

(18.9

)

 

Tax effect of tax credits

 

(10.2

)

 

 

 

8.2

 

 

 

1.3

 

 

Provision for (resolution of) tax matters

 

12.4

 

 

 

 

(8.0

)

 

 

46.5

 

 

Rate changes due to enacted legislation

 

0.7

 

 

 

 

0.1

 

 

 

7.2

 

 

Effect of U.S. tax law change

 

(21.5

)

 

 

 

 

 

 

(7.5

)

 

Global Intangible Low-taxed Income

 

7.1

 

 

 

 

(9.4

)

 

 

33.8

 

 

Stock-based compensation

 

1.4

 

 

 

 

(1.0

)

 

 

10.0

 

 

Nondeductible officer's compensation

 

1.0

 

 

 

 

(0.7

)

 

 

5.2

 

 

Valuation allowance

 

11.7

 

 

 

 

4.3

 

 

 

15.7

 

 

Pension termination, settlement and related

 

5.4

 

 

 

 

5.0

 

 

 

 

 

Other

 

2.8

 

 

 

 

1.6

 

 

 

7.8

 

 

Actual tax rate

 

35.8

%

 

 

 

26.8

%

 

 

106.2

%

 

 

 

The effective income tax rate for the year ended December 31, 2020 was unfavorably impacted by operating losses in the US which generated no tax benefit, and $10.5 million of pension, restructuring, and other non-recurring costs for which no tax benefit was recorded, offset in part by $6.1 million recorded in connection with passage of the Coronavirus Aid, Relief, and Economic Security Act (“CARES”). This Act, which was signed into law on March 27, 2020, modified the “net operating loss” provisions of previous law to allow losses arising in a taxable year beginning after December 31, 2017 and before January 1, 2021, to be carried back five years.

 

 

GLATFELTER 2020 FORM 10-K

45

 

The sources of deferred income taxes were as follows at December 31:

 

 

 

 

 

 

 

 

 

 

In thousands

2020

 

 

 

2019

 

 

 

 

 

 

 

 

 

 

 

 

Reserves

$

685

 

 

 

$

991

 

 

Environmental

 

4,481

 

 

 

 

5,696

 

 

Compensation

 

2,415

 

 

 

 

3,287

 

 

Pension

 

4,279

 

 

 

 

 

 

Post-retirement benefits

 

1,388

 

 

 

 

1,619

 

 

Research & development expenses

 

3,092

 

 

 

 

6,439

 

 

Inventories

 

 

 

 

 

(91

)

 

Tax carryforwards

 

16,703

 

 

 

 

25,227

 

 

Other

 

5,714

 

 

 

 

1,117

 

 

Deferred tax assets

 

38,757

 

 

 

 

44,285

 

 

Valuation allowance

 

(23,305

)

 

 

 

(28,485

)

 

Net deferred tax assets

 

15,452

 

 

 

 

15,800

 

 

Property

 

(70,492

)

 

 

 

(65,027

)

 

Intangible assets

 

(18,808

)

 

 

 

(19,355

)

 

Pension

 

 

 

 

 

(6,198

)

 

Other

 

(3,282

)

 

 

 

(1,577

)

 

Deferred tax liabilities

 

(92,582

)

 

 

 

(92,157

)

 

Net deferred tax liabilities

$

(77,130

)

 

 

$

(76,357

)

 

 

 

Non-current deferred tax assets and liabilities are included in the following balance sheet captions:

 

 

December 31

 

 

In thousands

2020

 

 

 

2019

 

 

Other assets

$

1

 

 

 

$

17

 

 

Deferred income taxes

 

77,131

 

 

 

 

76,374

 

 

 

At December 31, 2020 we had federal, state and foreign tax net operating loss (“NOL”) carryforwards of $10.0 million, $199.3 million and $3.6 million, respectively. These NOL carryforwards are available to offset future taxable income, if any. The federal NOL carryforward expires in 2037. The state NOL carryforwards expire at various times and in various amounts beginning in 2021. Certain foreign NOL carryforwards begin to expire after 2024.

The federal, state and foreign NOL carryforwards on the income tax returns filed included unrecognized tax benefits taken in prior years. The NOLs for which a deferred tax asset is recognized for financial statement purposes in accordance with ASC 740 are presented net of these unrecognized tax benefits.

In addition, we had various federal tax credit carryforwards totaling $14.2 million which begin to expire after 2034 and state tax credit carryforwards totaling $3.4 million, which begin to expire in 2021.

As of December 31, 2020 and 2019, we had a valuation allowance of $23.3 million and $28.5 million, respectively, against net deferred tax assets, primarily due to uncertainty regarding the ability to utilize federal, state and foreign tax NOL carryforwards and certain state tax credits. In assessing the need for a valuation allowance, management considers all available positive and negative evidence in its analysis. Based on this analysis, we recorded a valuation allowance for the portion of deferred tax assets where the weight of available evidence indicated it is more likely than not that the deferred tax assets will not be realized.

Tax credits and other incentives reduce tax expense in the year the credits are claimed. We recorded tax credits of $3.3 million, $2.8 million and $(0.1) million in 2020, 2019 and 2018, respectively, related to research and development credits.

At December 31, 2020 and 2019, unremitted earnings of subsidiaries outside the United States deemed to be indefinitely reinvested totaled $109 million and $62.0 million, respectively. Because the unremitted earnings of subsidiaries are deemed to be indefinitely reinvested as of December 31, 2020 and because we have no need for or plans to repatriate such earnings, no deferred tax liability has been recognized in our consolidated financial statements.

As of December 31, 2020, 2019 and 2018, we had $46.3 million, $30.5 million and $29.6 million of gross unrecognized tax benefits, respectively. As of December 31, 2020, if such benefits were to be recognized, approximately $35.8 million would be recorded as a component of income tax expense, thereby affecting our effective tax rate.

A reconciliation of the beginning and ending balances of the total amounts of gross unrecognized tax benefits is as follows:

 

In millions

2020

 

 

 

2019

 

 

2018

 

 

Balance at January 1

$

30.5

 

 

 

$

29.6

 

 

$

26.9

 

 

Increases in tax positions for prior years

 

13.9

 

 

 

 

2.8

 

 

 

0.3

 

 

Decreases in tax positions for prior years

 

(0.1

)

 

 

 

(2.9

)

 

 

(1.0

)

 

Acquisition related:

 

 

 

 

 

 

 

 

 

 

 

 

 

Purchase Accounting

 

 

 

 

 

 

 

 

0.3

 

 

Increases in tax positions for current year

 

4.4

 

 

 

 

4.6

 

 

 

4.0

 

 

Settlements

 

(1.1

)

 

 

 

(0.3

)

 

 

(0.2

)

 

Lapse in statutes of limitation

 

(1.3

)

 

 

 

(3.3

)

 

 

(0.7

)

 

Balance at December 31

$

46.3

 

 

 

$

30.5

 

 

$

29.6

 

 

 

We, or one of our subsidiaries, file income tax returns with the United States Internal Revenue Service, as well as various state and foreign authorities. The following table summarizes tax years that remain subject to examination by major jurisdiction:

 

 

Open Tax Years

Jurisdiction

Examinations not

yet initiated

 

 

Examination in

progress

 

 

 

 

 

United States

 

 

 

 

Federal

2014 - 2015;

2017 - 2020

 

 

N/A

State

2016 - 2020

 

 

2015 - 2018

Canada(1)

2013 - 2018; 2020

 

 

2019

Germany(1)

2016 - 2020

 

 

N/A

France

2018 - 2020

 

 

N/A

United Kingdom

2019 - 2020

 

 

N/A

Philippines

2019 - 2020

 

 

2018

 

(1)

Includes provincial or similar local jurisdictions, as applicable.

The amount of income taxes we pay is subject to ongoing audits by federal, state and foreign tax authorities, which often result in proposed assessments. Management performs a comprehensive review of its global tax positions on a quarterly basis and accrues amounts for uncertain tax positions. Based on these reviews and the result of discussions and resolutions of matters with certain tax authorities and the closure of tax years subject to tax audit, reserves are adjusted as necessary. However, future results may include favorable or unfavorable adjustments to our estimated tax liabilities in the period the assessments are determined or resolved or as such statutes are closed. Due to potential for resolution of federal, state and foreign examinations, and the expiration of various statutes of limitation, it is reasonably possible our gross unrecognized tax benefits balance may decrease within the next twelve months by a range of zero to $6.1 million. The majority of this range relates to tax positions taken in Canada and the U.S.

We recognize interest and penalties related to uncertain tax positions as income tax expense. The following table summarizes information related to interest and penalties on uncertain tax positions:

 

 

As of or for the year ended December 31,

 

 

In millions

2020

 

 

 

2019

 

 

2018

 

 

Accrued interest payable

$

1.8

 

 

 

$

0.4

 

 

$

1.1

 

 

Interest expense (income)

 

1.0

 

 

 

 

(0.7

)

 

 

0.3

 

 

Penalties