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INCOME TAXES
9 Months Ended
Sep. 30, 2018
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
Our quarterly income tax provision is calculated using an estimated annual effective income tax approach. The quarterly effective tax rate can differ from our estimated annual effective tax rate as the Company cannot apply an effective tax rate approach for all of its operations. For those entities that can apply an effective tax rate approach, as of September 30, 2018, our annual effective tax rate, excluding discrete items, is 23.8% for 2018, as compared to 24.7% for 2017 as of September 30, 2017. The remaining entities, which are operations that generate pre-tax losses which cannot be tax benefited and/or have an effective tax rate which cannot be reliably estimated, have to account for their income taxes on a discrete year-to-date basis as of the end of each quarter and are excluded from the effective tax rate approach. The estimated annual effective tax rate for 2018 also excludes the unfavorable impact of withholding taxes associated with certain intercompany payments, including royalties, service charges, interest and dividends, which in the aggregate are relatively consistent each year due to the need to repatriate funds to cover U.S.-based costs, such as interest on debt and corporate overhead. Withholding taxes are accounted for discretely and accrued in the provision for income taxes as they become due.
The provision for income taxes for the three months ended September 30, 2018 and 2017 was $68.3 and $36.1, respectively. Our effective tax rates for the three months ended September 30, 2018 and 2017 were 37.5% and 75.2%, respectively. The provision for income taxes for the nine months ended September 30, 2018 and 2017 was $136.5 and $99.5, respectively. Our effective tax rates for the nine months ended September 30, 2018 and 2017 were 71.0% and 341.9%, respectively.
The effective tax rates in 2018 and 2017 were impacted by CTI restructuring charges, country mix of earnings and withholding taxes. The effective tax rate in the third quarter of 2018 was also favorably impacted by the accrual of tax benefits of approximately $14.0 associated with the initial recognition of tax benefits associated with Avon’s interpretation of recent case law, net releases of tax reserves of approximately $3.1 associated with our uncertain tax positions and other net benefits of approximately $1.9. The effective tax rate for the first nine months of 2018 was also favorably impacted by the accrual of tax benefits of approximately $14.0 associated with the initial recognition of tax benefits associated with Avon’s interpretation of recent case law, the recognition of approximately $4.1 of deferred tax assets that had previously been subject to a full valuation allowance and other net benefits of approximately $1.0 offset with a net increase of approximately $10.9 associated with our uncertain tax positions.
In its initial analysis of the impacts of the Tax Cuts and Job Act (the “Act”) at year end 2017, the Company made provisional estimates that may be adjusted in future periods as required. As part of the 2017 provisional estimate, we provided for the Global Intangible Low-Taxed Income tax ("GILTI"), a US tax on certain foreign earnings, as a period cost. While still provisional, the first, second and third-quarter 2018 provisions for income taxes have been calculated treating GILTI as a period cost. The Act has significant complexity. Expected implementation guidance from the Internal Revenue Service, clarifications of state tax law and the information analyzed during the completion of the Company’s 2017 tax return filings could impact these provisional estimates.
During the third quarter of 2018, the total amount of unrecognized tax benefits increased by approximately $66.2, associated with the earnings recognized by the Company as a result of its decision to release the liability associated with the Brazil IPI tax on cosmetics. Since the Executive Decree is still in effect and there are ongoing judicial reviews, an income tax uncertainty exists. Given the recognition of earnings before taxes, an income tax reserve has been recorded to accrue the full tax liability associated with the earnings recognized to date.
We anticipate that it is reasonably possible that the total amount of unrecognized tax benefits could increase by up to approximately $20 within the next twelve months. At September 30, 2018, we had $123.1 of total gross unrecognized tax benefits, of which approximately $120.7 that would favorably impact the provision for income taxes, if recognized.