XML 36 R20.htm IDEA: XBRL DOCUMENT v3.20.2
Income Taxes
9 Months Ended
Sep. 30, 2020
Income Tax Disclosure [Abstract]  
Income Taxes
(12) Income Taxes

We maintain the exception under ASC 740-270-30-36(b), "Accounting for Income Taxes", for jurisdictions that do not have reliable estimates of ordinary income due to the volatility in the industry. Based on the increased global financial uncertainty due to the COVID-19 pandemic and continued volatility in the industry, we have continued to use a year-to-date methodology in determining the quarterly effective tax rate for the quarter and nine months ended September 30, 2020.

For the quarter and nine months ended September 30, 2020, the Company's effective tax rate was (4.1)% and (1.9)%, respectively. For the quarter and nine months ended September 30, 2019, the Company's effective tax rate was (13.6)% and (9.8)%, respectively. The difference between the statutory tax rate and the effective tax rate for the quarter and nine months ended September 30, 2020 is comprised of the foreign rate differential between the U.S. tax rate and foreign tax rates, impairment of non-deductible goodwill, and the change in U.S. tax law allowing for the carryback of certain U.S. net operating losses ("NOLs") as explained in the subsequent paragraph, and the presence of a full valuation allowance in various jurisdictions. The effective tax rate for the quarter and nine months ended September 30, 2019 differs from the statutory tax rate due to withholding tax expense, reduction of a liability for uncertain tax positions, the foreign rate differential between the U.S. tax rate and foreign tax rates, and the presence of a full valuation allowance in various jurisdictions.

In response to the global pandemic resulting from COVID-19, the U.S. government enacted tax legislation on March 27, 2020 under the Coronavirus Aid Relief, and Economic Security Act ("CARES Act"). This legislation allows us to carryback NOLs generated in the 2018 and 2019 tax years up to five years. A tax receivable was recorded during the first quarter for the anticipated carryback in the amount of $8.9 million. We also recorded the associated tax benefit of $3.2 million, which is net of recorded uncertain tax positions of $5.7 million. During the second quarter, these NOLs were carried back to the 2013 and 2014 tax years and a refund was requested for cash taxes paid. As of the close of the third quarter, approximately $2.5 million has been received by the Company thus far.