. Income Taxes

On December 22, 2017, the U.S. government enacted the Tax Act. The Tax Act makes broad and complex changes to the U.S. tax code including but not limited to a reduction in U.S. federal corporate tax rate from 35% to 21%, effective for tax years beginning after December 31, 2017 and a one-time transition tax on the mandatory deemed repatriation of cumulative foreign earnings.

The SEC issued SAB 118 which provides guidance on accounting for the tax effects of the Tax Act. SAB 118 provided a measurement period that should not extend beyond one year from the Tax Act enactment date for companies to complete the accounting under ASC 740. The Company has completed its accounting for the provisions of the Act in accordance with SAB 118. As of December 31, 2017 the Company recorded a provisional amount of $26,674 related to the re-measurement of its deferred tax assets and liabilities resulting from the change in the corporate tax rate from 35% to 21% and has not adjusted the amount when completing its analysis.

The Tax Act created a new requirement that Global Intangible Low-Taxed Income (i.e., GILTI) earned by controlled foreign corporations (CFCs) must be included currently in the gross income of the CFCs’ U.S. shareholder. A deduction is permitted to a domestic corporation in an amount up to 50% of the sum of the GILTI inclusion and the amount treated as a dividend because the corporation has claimed a foreign tax credit (FTC) as a result of the inclusion of the GILTI amount in income. The Company has made a policy election to record tax effects of GILTI as a period expense when incurred.

The components of the Company’s income (loss) before income taxes and equity in earnings of non-consolidated affiliates by taxing jurisdiction for the years ended December 31, were:



	2018			2017		2016
Income (Loss):
U.S.	$	(68,698	)	$	48,053	$	(16,661	)
Non-U.S.	(11,709		)	39,025		(33,055		)
	$	(80,407	)	$	87,078	$	(49,716	)

The provision (benefit) for income taxes by taxing jurisdiction for the years ended December 31, were:



	2018			2017			2016
Current tax provision
U.S. federal	$	444		$	(1,657	)	$	—
U.S. state and local	2			98			(1,520		)
Non-U.S.	7,584			6,514			2,154
	8,030			4,955			634
Deferred tax provision (benefit):
U.S. federal	(9,315		)	(172,873		)	5,785
U.S. state and local	(2,990		)	(7,775		)	(3,550		)
Non-U.S.	35,878			7,629			(12,273		)
	23,573			(173,019		)	(10,038		)
Income tax provision (benefit)	$	31,603		$	(168,064	)	$	(9,404	)

A reconciliation of income tax expense (benefit) using the U.S. federal income tax rate compared with actual income tax expense for the years ended December 31, is as follows:



	2018			2017			2016
Income (loss) before income taxes, equity in non-consolidated affiliates and noncontrolling interest	$	(80,407	)	$	87,078		$	(49,716	)
Statutory income tax rate	21.0		%	35.0		%	35.0		%
Tax expense (benefit) using statutory income tax rate	(16,886		)	30,477			(17,401		)
State and foreign taxes	(2,988		)	8,863			(94		)
Non-deductible stock-based compensation	1,512			1,441			1,123
Other non-deductible expense	10,091			(220		)	1,848
Change to valuation allowance	49,482			(103,212		)	6,605
Effect of the difference in U.S. federal and local statutory rates	(152		)	(2,939		)	(353		)
Impact of tax reform	—			(100,472		)	—
Noncontrolling interests	(2,674		)	(4,413		)	(1,287		)
Impact of foreign operations	1,711			(2,453		)	—
Adjustment to deferred tax balances	(8,865		)	—			—
Other, net	372			4,864			155
Income tax expense (benefit)	$	31,603		$	(168,064	)	$	(9,404	)
Effective income tax rate	(39.3		)%	(193.0		)%	18.9		%

The Company has evaluated the usefulness of our rate reconciliation presented in prior periods which utilized the Canadian statutory tax rate of 26.5%. As the majority of our business operations and shareholders are located in the U.S., we believe using the U.S. statutory rate is more informative. The periods 2017 and 2016 in the table above have been conformed to reflect the U.S. statutory rate.

Income tax expense for the twelve months ended December 31, 2018 was $31,603 (associated with a pretax loss of $80,407) compared to an income tax benefit of $168,064 (associated with pretax income of $87,078) for the twelve months ended December 31, 2017. Income tax expense in 2018 included the impact of establishing a valuation allowance primarily associated with Canadian deferred tax assets and the income tax benefit in 2017 included the impact of a release of a valuation allowance in certain jurisdictions as well as the incremental tax benefit associated with the Tax Act.

Income taxes receivable were $4,388 and $4,582 at December 31, 2018 and 2017, respectively, and were included in other current assets on the balance sheet. Income taxes payable were $10,045 and $3,810 at December 31, 2018 and 2017, respectively, and were included in accrued and other liabilities on the balance sheet. It is the Company’s policy to classify interest and penalties arising in connection with unrecognized tax benefits as a component of income tax expense.

The tax effects of significant temporary differences representing deferred tax assets and liabilities at December 31, were as follows:



	2018			2017
Deferred tax assets:
Capital assets and other	$	905		$	5,059
Net operating loss carry forwards	70,646			49,318
Interest deductions	8,911			2,026
Refinancing charge	2,926			5,578
Goodwill and intangibles	123,504			129,455
Stock compensation	2,101			1,208
Pension plan	3,872			4,165
Unrealized foreign exchange	14,645			8,653
Capital loss carry forwards	11,827			11,450
Accounting reserves	8,280			412
Gross deferred tax asset	247,617			217,324
Less: valuation allowance	(68,479		)	(19,032		)
Net deferred tax assets	179,138			198,292
Deferred tax liabilities:
Goodwill amortization	(91,726		)	(89,727		)
Total deferred tax liabilities	(91,726		)	(89,727		)
Net deferred tax asset (liability)	$	87,412		$	108,565
Disclosed as:
Deferred tax assets	$	92,741		$	115,325
Deferred tax liabilities	(5,329		)	(6,760		)
	$	87,412		$	108,565

The Company has U.S. federal net operating loss carry forwards of $68,325 and non-U.S. net operating loss carry forwards of $153,021. These carry forwards expire in years 2017 through 2032. The Company also has total indefinite loss carry forwards of $122,830. These indefinite loss carry forwards consist of $33,572 relating to the U.S. and $89,258 which are related to capital losses from the Canadian operations. In addition, the Company has net operating loss carry forwards for various state taxing jurisdictions of approximately $118,575.

The Company records a valuation allowance against deferred income tax assets when management believes it is more likely than not that some portion or all of the deferred income tax assets will not be realized. Management evaluates all positive and negative evidence and considers factors such as the reversal of taxable temporary differences, future taxable income, and tax planning strategies. A change to these factors could impact the estimated valuation allowance and income tax expense.

As of December 31, 2017, the Company maintained valuation allowance against foreign net deferred tax assets of $19,032 as it believed it was more likely than not that some or all of the deferred tax assets would not be realized. This assessment was based on the Company’s historical losses and uncertainties as to the amount of future taxable income.

As of December 31, 2018, the Company evaluated positive and negative evidence in determining the likelihood that it will be able to realize all or some portion of its deferred tax assets prior to their expiration. As of December 31, 2018, the Company’s Canadian three-year cumulative pre-tax income declined compared to the period ended December 31, 2017 and the Company recorded a valuation allowance of $49,447. The related effect on the accompanying consolidated statements of operations and comprehensive income or loss resulted in the Company recording a U.S. income tax expense of $49,447 for the year ended December 31, 2018.

The Company is permanently reinvested with respect to its foreign earnings in certain jurisdictions, and no deferred taxes have been recorded related to such earnings as the determination of the amount is not practicable. The Company currently does not intend to distribute previously taxed income under the Tax Act. Upon distribution in the future, the Company may incur state and foreign withholding taxes on such income, the amount of which is not practicable to compute.

As of December 31, 2018 and 2017, the Company recorded a liability for unrecognized tax benefits as well as applicable penalties and interest in the amount of $973 and $1,556, respectively. As of December 31, 2018 and 2017, accrued penalties and interest included in unrecognized tax benefits were approximately $87 and $123, respectively. The Company identified an uncertainty relating to the future tax deductibility of certain intercompany fees. To the extent that such future benefit will be established, the resolution of this position will have no effect with respect to the consolidated financial statements. If these unrecognized tax benefits were to be recognized, it would affect the Company’s effective tax rate.



	2018			2017			2016
A reconciliation of the change in unrecognized tax benefits is as follows:
Unrecognized tax benefit - Beginning Balance	$	1,433		$	1,465		$	3,605
Current year positions	—			489			—
Prior period positions	7			(436		)	(134		)
Settlements	(314		)	—			(1,374		)
Lapse of statute of limitations	(239		)	(85		)	(632		)
Unrecognized tax benefits - Ending Balance	$	887		$	1,433		$	1,465

It is reasonably possible that the amount of unrecognized tax benefits could decrease by a range of $400 to $500 in the next twelve months as a result of expiration of certain statute of limitations.

The Company is subject to taxation and files income tax returns in the U.S. federal jurisdiction and in many state and foreign jurisdictions. The U.S. Internal Revenue Service (“IRS”) concluded its review of the 2013 tax year and all years prior to 2015 are closed. The statute of limitations has also expired in non-U.S. jurisdictions through 2013.