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INCOME TAXES
6 Months Ended
Jun. 30, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
An income tax benefit of $186.2 million and a provision of $155.3 million were recorded for the three-month periods ended June 30, 2020 and 2019, respectively. An income tax benefit of $219.5 million and a provision of $271.5 million were recorded for the six-month periods ended June 30, 2020 and 2019, respectively. This resulted in an ETR of 8.9% and 27.7% for the three-month periods ended June 30, 2020 and 2019, respectively, and 9.8% and 29.6% for the six-month periods ended June 30, 2020 and 2019, respectively. The lower ETR for the three-month and six-month periods ended June 30, 2020, compared to the three-month and six-month periods ended June 30, 2019, is primarily the result of an expected pre-tax loss for 2020, compared to pre-tax income in 2019 as well as the impairment of goodwill that is non-deductible for tax purposes in the second quarter of 2020.

The Company is subject to the income tax laws of the U.S., its states and municipalities and certain foreign countries. These tax laws are complex and are potentially subject to different interpretations by the taxpayer and the relevant governmental taxing authorities. In establishing a provision for income tax expense, the Company must make judgments and interpretations about the application of these inherently complex tax laws.

Actual income taxes paid may vary from estimates depending upon changes in income tax laws, actual results of operations, and the final audit of tax returns by taxing authorities. Tax assessments may arise several years after tax returns have been filed. The Company reviews its tax balances quarterly and, as new information becomes available, the balances are adjusted as appropriate. The Company is subject to ongoing tax examinations and assessments in various jurisdictions.
NOTE 14. INCOME TAXES (continued)

On September 5, 2019, the Federal District Court in Massachusetts entered a stipulated judgment resolving the Company’s litigation relating to the proper tax consequences of two financing transactions with an international bank through which the Company borrowed $1.2 billion that was previously disclosed within its Form 10-K for 2018. That stipulated judgment resolved the Company’s tax liability for the 2003 through 2005 tax years with no material effect on net income. The Company has agreed with the IRS to resolve the treatment of the same financing transactions for the 2006 and 2007 tax years on terms consistent with the September 5, 2019, stipulated judgment. The Congressional Joint Committee on Taxation has completed its review of the proposed resolution of the 2006 and 2007 tax years with no objection. The Company and the IRS are now finalizing that resolution, which will have no impact on net income.

With few exceptions, the Company is no longer subject to federal, state and non-U.S. income tax examinations by tax authorities for years prior to 2006.

The Company applies an aggregate portfolio approach whereby income tax effects from AOCI are released only when an entire portfolio (i.e., all related units of account) of a particular type is liquidated, sold or extinguished. 

The Company had a net deferred tax liability balance of $101.0 million at June 30, 2020 (consisting of a deferred tax asset balance of $766.4 million and a deferred tax liability balance of $867.4 million), compared to a net deferred tax liability balance of $1.0 billion at December 31, 2019 (consisting of a deferred tax asset balance of $503.7 million and a deferred tax liability balance of $1.5 billion). The $916.4 million decrease in net deferred liability for the six-month period ended June 30, 2020 was primarily due to the adoption of the CECL Standard during the first quarter of 2020.

The net deferred tax liability includes the Company’s $306.6 million deferred tax liability for the book over tax basis in its investment in SC. The deferred tax liability would be realized upon the Company’s disposition of its interest in SC or through dividends received from SC.  Upon the Company reaching 80% or more ownership of SC, SC will be consolidated with the Company for tax filing purposes, facilitating certain off-sets of SC’s taxable income, and the capital planning benefit of netting SC’s net deferred tax liability against the Company’s net deferred tax asset. In addition, all of the $306.6 million deferred tax liability would be released as a reduction to income tax expense. As of June 30, 2020, the Company's ownership continued to be less than 80% and therefore SC was not consolidated for federal tax filing purposes. On August 10, 2020, SC repurchased shares under the exception to the interim policy related to the Dodd-Frank Act Stress Test and Comprehensive Capital Analysis and Review approved by the Federal Reserve (the "Exception"). As a result of these repurchases, SHUSA now owns approximately 80.25% of SC.
During the second quarter of 2020, the Company recorded a deferred tax liability in the amount of $39.0 million for the book over tax basis in its investment in SBC due to its expected sale. The deferred tax liability will be realized upon the Company’s disposition of its interest in SBC.