

In millions	2019			2018			2017
Income tax expense (benefit)
Current
Federal	$	(3	)	$	(10	)	$	132
State and local	—			6			2
Foreign	13			19			25
Deferred
Federal	(10		)	(20		)	(22		)
State and local	(1		)	(4		)	(4		)
Foreign	8			6			(8		)
Total income tax expense (benefit)	$	7		$	(3	)	$	125
Effective income tax rate	(53.8		%)	(11.1		%)	215.5		%



	2019		2018		2017
Income tax expense at the U.S. federal tax rate	21.0	%	21.0	%	35.0	%
Foreign income tax differential	(49.2	)%	2.1	%	(22.6	)%
U.S. tax on foreign earnings	(8.4	)%	2.0	%	4.3	%
State and local income taxes	58.2	%	(25.0	)%	(11.0	)%
U.S. permanent book/tax differences	(17.0	)%	(2.7	)%	(1.5	)%
U.S. research and development tax credits	68.5	%	(29.5	)%	(11.2	)%
Change in valuation allowance	(49.1	)%	27.7	%	10.0	%
U.S. manufacturing deduction permanent difference	—	%	—	%	(8.0	)%
Tax impact of equity compensation	(49.3	)%	(1.4	)%	0.7	%
Deferred tax impact from U.S. rate change from Tax Reform	—	%	—	%	(27.0	)%
Tax impact of U.S. Tax Reform/Transition Tax	—	%	(23.9	)%	250.0	%
Tax Impact of uncertain tax positions	(24.6	)%	20.2	%	(3.6	)%
Other, net	(3.9	)%	(1.6	)%	0.4	%
Effective income tax rate	(53.8	)%	(11.1	)%	215.5	%

The 2019 effective tax rate was impacted by $3 million tax expense related to equity compensation and $3 million of incremental global intangible low-taxed income ("GILTI") tax, which resulted in full-year income tax expense in 2019 of $7 million, on a pre-tax net loss of $13 million, causing a negative tax rate of 53.8%.

The 2018 and 2017 effective tax rates were impacted by the Tax Cuts and Jobs Act of 2017 ("Tax Act"), which was signed into law on December 22, 2017, making significant changes to the United States Internal Revenue Code. Changes include, but are not limited to:

On December 22, 2017, Staff Accounting Bulletin No. 118 ("SAB 118") was issued to address the application of GAAP in situations when a registrant does not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Tax Act.

In accordance with SAB 118, the Company completed its analysis of the impact of the Tax Act during the fourth quarter of 2018 in accordance with its understanding of the Tax Act and guidance available as of the date of this filing. For the year ended December 31, 2018, the Company recorded a $6 million tax benefit as an adjustment to the 2017 provisional estimate in accordance with SAB 118 because of additional regulatory guidance and changes in interpretations and assumptions the Company initially made as a result of the Tax Act. Effective in 2018, the Tax Act subjects United States shareholders to a tax on GILTI earned by certain foreign subsidiaries. The Company has elected to provide for the tax expense related to GILTI in the year the tax is incurred. The Company recorded tax expense of $3 million in 2019 and $1 million in 2018 for GILTI.

In the fourth quarter of 2017, the Company recorded $126 million as additional income tax expense as its provisional estimate of the impact of the Tax Act. The amount included $145 million of tax expense for the one-time transition tax on cumulative foreign earnings of $1.3 billion, which the Company will pay over an 8-year period ending in 2025. In addition, a tax benefit of $19 million was recorded, a majority of which related to the re-measurement of certain deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future.

Subsequent to the year ended December 31, 2019 and effective January 1, 2020, the Company completed an intra-entity asset transfer of certain of its intellectual property to one of its Irish subsidiaries. The intra-entity asset transfer will result in a material deferred tax asset recorded during the first quarter of 2020.



In millions	2019			2018
Deferred income tax assets
Employee pensions and other liabilities	$	63		$	49
Other balance sheet reserves and allowances	18			18
Operating lease liabilities	14			—
Tax loss and credit carryforwards	80			63
Deferred revenue	12			20
Total deferred income tax assets	187			150
Valuation allowance	(45		)	(39		)
Net deferred income tax assets	142			111
Deferred income tax liabilities
Intangibles and capitalized software	8			17
Right of use assets - operating lease	13			—
Property and equipment	12			11
Other	28			19
Total deferred income tax liabilities	61			47
Total net deferred income tax assets	$	81		$	64

As of December 31, 2019, Teradata has net operating loss ("NOL") and tax credit carryforwards totaling $80 million (tax effected and before any valuation allowance offset and application of recognition criteria for uncertain tax positions). Of the total tax carryforwards, $11 million are NOL's in the United States and certain foreign jurisdictions, a small portion of which will begin to expire in 2021; $3 million are United States foreign tax credit carryforwards which expire in 2028, which have a full valuation allowance offset; $10 million are federal R&D credits, which will begin to expire in 2038; and $56 million are California R&D tax credits that have an indefinite carryforward period, which have a $41 million valuation allowance offset and $15 million of FIN 48 reserve recorded.

Prior to the enactment of the Tax Act, the Company had not provided for taxes on the undistributed earnings of its foreign subsidiaries as the Company either reinvested or intended to reinvest those earnings outside of the United States. Because of the Tax Act, the Company has changed its indefinite reinvestment assertion related to foreign earnings that have been taxed in the United States and now considers a majority of these earnings no longer indefinitely reinvested. Because of United States tax reform legislation, distributions of profits from non-U.S. subsidiaries are not expected to cause a significant United States tax impact in the future. However, these distributions may be subject to non-U.S. withholding taxes if profits are distributed from certain jurisdictions. The Company has recorded $1 million of deferred foreign withholding tax expense with respect to certain earnings which are not considered permanently reinvested as they would be taxable upon remittance. Deferred taxes have not been provided on earnings considered indefinitely reinvested.

The Company may recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The Company reflects any interest and penalties recorded in connection with its uncertain tax positions as a component of income tax expense.

As of December 31, 2019, the Company’s uncertain tax positions totaled approximately $37 million, of which $19 million is reflected in the other liabilities section of the Company’s balance sheet as a non-current liability. The remaining balance of $18 million of uncertain tax positions relates to certain tax attributes both generated by the Company and acquired in various acquisitions, which are netted against the underlying deferred tax assets recorded on the balance sheet. The entire balance of $37 million in uncertain tax positions would cause a decrease in the effective income tax rate upon recognition. Teradata has recorded $2 million of interest accruals related to its uncertain tax liabilities as of December 31, 2019.



In millions	2019			2018
Balance at January 1	$	34		$	28
Gross increases for prior period tax positions	4			3
Gross increases for current period tax positions	5			8
Decreases due to the lapse of applicable statute of limitations	(6		)	(1		)
Decreases relating to settlements with taxing authorities	—			(4		)
Balance at December 31	$	37		$	34

The Company recorded $4 million of discrete tax expense in the second quarter of 2019 related to the reversal of the United States Tax Court’s decision in the Altera Corp. v. Commissioner case by the Ninth Circuit Court of Appeals on June 7, 2019. The Altera case focused on whether current U.S. Treasury Regulations requiring the inclusion of stock-based compensation expense in a taxpayer's cost-sharing calculations are valid.

The Company and its subsidiaries file income tax returns in the United States and various state jurisdictions, as well as numerous foreign jurisdictions. As of December 31, 2019, the Company has ongoing tax audits in a limited number of state and foreign jurisdictions. However, no material adjustments have been proposed or made in any of these examinations to date, which would result in any incremental income tax expense in future periods to the Company. The Company's tax returns for years 2016-2019 are still open for assessment by tax authorities in its major jurisdictions.