Income Taxes

3 Months Ended

Mar. 31, 2020

Our income tax provision for the periods presented and the respective effective income tax rates for such periods are as follows (in millions, except for income tax rates):



	For the Three Months Ended
	March 31,
	2020			2019
Income tax provision	$	16.0		$	14.0

Effective income tax rate	27.7		%	27.3		%

Our provision for income taxes for the three months ended March 31, 2020 was $16.0 million, resulting in an effective income tax rate of 27.7%. The provision includes a net discrete tax expense of $1.0 million for the period. Without the $1.0 million in discrete items, the effective income tax rate would have been 25.9%.

Our provision for income taxes for the three months ended March 31, 2019 was $14.0 million resulting in an effective tax rate of 27.3%. The provision includes a net discrete income tax benefit of $2.8 million for the period. Without the $2.8 million in discrete items, the effective income tax rate would have been 32.8%.

Our income tax concession in Singapore which reduces the income tax rate on qualified sales and derivative gains and losses decreased foreign income taxes by $2.0 million and $0.9 million for the three months ended March 31, 2020 and 2019, respectively. The impact of the income tax concession on basic earnings per common share was $0.03 and $0.01 for the three months ended March 31, 2020 and 2019, respectively. On a diluted earnings per common share basis, the impact was $0.03 and $0.01 for the three months ended March 31, 2020 and 2019, respectively.

Our provision for income taxes for the three months ended March 31, 2020 and 2019 was calculated based on the estimated annual effective income tax rate for the 2020 and 2019 fiscal years. The actual effective income tax rate for the 2020 fiscal year may be materially different as a result of differences between estimated versus actual results and the geographic tax jurisdictions in which the results are earned.

We have various tax returns under examination both in the U.S. and foreign jurisdictions. The most significant of these are in Denmark for the 2013 - 2015 tax years, South Korea for the 2011 - 2014 tax years, and the U.S. for the 2017 - 2018 tax years. In 2018, one of our subsidiaries in Denmark received an audit inquiry from the Danish tax authorities regarding transfer pricing and other related matters for the tax years 2013-2015. In Q2 2019, it received a proposed income adjustment of approximately $1.7 million related to the 2013 tax year and on April 30, 2020, it received a proposed income adjustment of approximately $5.2 million related to the 2014 tax year. We are currently responding to the proposed income adjustments and other information requests from the Danish tax authorities. In 2017, the Korean Branch of one of our subsidiaries received income tax assessment notices for $9.3 million (KRW 11.3 billion) from the South Korea tax authorities. We believe that these assessments are without merit and are currently appealing the actions. On March 11, 2020, the U.S. Internal Revenue Service began the audit of our 2017 and 2018 tax years, and we are responding to their information requests.

An unfavorable resolution of one or more of the above matters could have a material adverse effect on our result of operations or cash flows in the quarter or year in which the adjustments are recorded, or the tax is due or paid. As examinations are still in process or have not yet reached the final stages of the appeals process, the timing of the ultimate resolution or payments that may be required cannot be determined at this time.