Income Taxes

12 Months Ended

Dec. 31, 2019

INCOME TAXES

The income tax provision attributable to continuing operations for the years ended December 31, 2019, 2018, and 2017, consists of the following:



	Year Ended December 31,
	2019			2018			2017
	(In Thousands)
Current
Federal	$	—		$	—		$	(651	)
State	1,855			1,465			799
Foreign	4,606			5,430			3,943
	6,461			6,895			4,091
Deferred
Federal	(161		)	(79		)	394
State	(406		)	(153		)	(648		)
Foreign	270			(364		)	(3,086		)
	(297		)	(596		)	(3,340		)
Total tax provision	$	6,164		$	6,299		$	751

A reconciliation of the provision (benefit) for income taxes attributable to continuing operations, computed by applying the federal statutory rate to income (loss) before income taxes and the reported income taxes, is as follows:



	Year Ended December 31,
	2019			2018			2017
	(In Thousands)
Income tax provision (benefit) computed at statutory federal income tax rates	$	(30,266	)	$	(7,650	)	$	(15,415	)
State income taxes (net of federal benefit)	(905		)	55			1,664
Impact of international operations	1,933			14,477			10,847
Impact of U.S. tax law change	—			(2,510		)	55,813
Impact of noncontrolling interest	2,220			5,204			5,151
Valuation allowance	31,395			(7,443		)	(63,635		)
Other	1,787			4,166			6,326
Total tax provision	$	6,164		$	6,299		$	751

Income (loss) before taxes and discontinued operations includes the following components:



	Year Ended December 31,
	2019			2018			2017
	(In Thousands)
Domestic	$	(160,877	)	$	(44,957	)	$	(29,419	)
International	16,754			8,531			(14,624		)
Total	$	(144,123	)	$	(36,426	)	$	(44,043	)

A reconciliation of the beginning and ending amount of our gross unrecognized tax benefit is as follows:



	Year Ended December 31,
	2019			2018			2017
	(In Thousands)
Gross unrecognized tax benefits at beginning of period	$	328		$	530		$	857
Lapse in statute of limitations	(191		)	(202		)	(327		)
Gross unrecognized tax benefits at end of period	$	137		$	328		$	530

We recognize interest and penalties related to uncertain tax positions in income tax expense. During the years ended December 31, 2019, 2018, and 2017, we recognized $(0.3) million, $(0.2) million, and $(0.3) million, respectively, of interest and penalties. As of December 31, 2019 and 2018, we had $0.2 million and $0.5 million, respectively, of accrued potential interest and penalties associated with uncertain tax positions. The total amount of unrecognized tax benefits that would affect our effective tax rate if recognized is $0.4 million and $0.8 million as of December 31, 2019 and 2018, respectively. We do not expect a significant change to the unrecognized tax benefits during the next twelve months.

We file tax returns in the U.S. and in various state, local, and non-U.S. jurisdictions. The following table summarizes the earliest tax years that remain subject to examination by taxing authorities in any major jurisdiction in which we operate:



Jurisdiction	Earliest Open Tax Period
United States – Federal	2012
United States – State and Local	2002
Non-U.S. jurisdictions	2011

We use the liability method for reporting income taxes, under which current and deferred tax assets and liabilities are recorded in accordance with enacted tax laws and rates. Under this method, at the end of each period, the amounts of deferred tax assets and liabilities are determined using the tax rate expected to be in effect when the taxes are actually paid or recovered. We establish a valuation allowance to reduce the deferred tax assets when it is more likely than not that some portion or all of the deferred tax assets will not be realized. We considered all available evidence, both positive and negative, in determining whether, based on the weight of that evidence, a valuation allowance is needed for some portion or all of our deferred tax assets. In determining the need for a valuation allowance on our deferred tax assets we placed greater weight on recent and objectively verifiable current information, as compared to more forward-looking information that is used in valuating other assets on the balance sheet. While we have considered taxable income in prior carryback years, future reversals of existing taxable temporary differences, future taxable income, and tax planning strategies in assessing the need for the valuation allowance, there can be no guarantee that we will be able to realize our net deferred tax assets. Significant components of our deferred tax assets and liabilities as of December 31, 2019 and 2018 are as follows:



	December 31,
	2019			2018
	(In Thousands)
Net operating losses	$	121,998		$	100,910
Accruals	23,991			9,396
Depreciation and amortization for book in excess of tax expense	36,658			35,242
All other	19,766			14,581
Total deferred tax assets	202,413			160,129
Valuation allowance	(161,911		)	(129,034		)
Net deferred tax assets	$	40,502		$	31,095



	December 31,
	2019		2018
	(In Thousands)
Right of use asset	$	11,983	$	—
Depreciation and amortization for tax in excess of book expense	23,273		31,999
All other	8,210		2,325
Total deferred tax liability	43,466		34,324
Net deferred tax liability	$	2,964	$	3,229

We believe that it is more likely than not we will not realize all the tax benefits of the deferred tax assets within the allowable carryforward period. Therefore, an appropriate valuation allowance has been provided. The valuation allowance as of December 31, 2019 and 2018 primarily relates to federal deferred tax assets. The increase (decrease) in the valuation allowance during the years ended December 31, 2019, 2018, and 2017, were $32.9 million, $(1.4) million, and $(54.8) million, respectively. The increase in the valuation allowance during 2019 primarily relates to the change of the deferred taxes associated with the impairments of our El Dorado, Arkansas calcium chloride production plant facility assets and goodwill.

At December 31, 2019, we had federal, state, and foreign net operating loss carryforwards/carrybacks equal to approximately $93.3 million, $12.3 million, and $16.4 million, respectively. In those countries and states in which net operating losses are subject to an expiration period, our loss carryforwards, if not utilized, will expire at various dates from 2020 through 2039. Utilization of the net operating loss and credit carryforwards may be subject to a significant annual limitation due to ownership changes that have occurred previously or could occur in the future provided by Section 382 of the Internal Revenue Code.