Income Taxes

12 Months Ended

Dec. 31, 2015

Income Tax Disclosure [Abstract]

Income Taxes

Income Taxes

The following table summarizes the U.S. and non-U.S. components of income (loss) before provision (benefit) for income taxes:

	Predecessor									Successor
	For the Year Ended December 31,						For the Period January 1  Through August 14, 2015			For the Period August 15  Through December 31, 2015
	2013			2014
	(Dollars in thousands)
U.S.	$	8,495		$	(255,043	)	$	(96,258	)	$	(22,755	)
Non-U.S.	(48,597		)	(39,749		)	(20,305		)	(3,916		)
	$	(40,102	)	$	(294,792	)	$	(116,563	)	$	(26,671	)

Income tax expense (benefit) consists of the following:

	Predecessor									Successor
	For the Year Ended December 31,						For the Period January 1  Through August 14, 2015			For the Period August 15  Through December 31, 2015
	2013			2014
	(Dollars in thousands)
U.S income taxes:
Current	$	4,104		$	(1,762	)	$	(20	)	$	(52	)
Deferred	(5,652		)	(537		)	403			686
	(1,548		)	(2,299		)	383			634
Non-U.S. income taxes:
Current	5,422			8,349			3,182			1,565
Deferred	(16,717		)	(15,466		)	521			4,681
	(11,295		)	(7,117		)	3,703			6,246
Total income tax expense (benefit)	$	(12,843	)	$	(9,416	)	$	4,086		$	6,880

Income tax expense (benefit) differed from the amounts computed by applying the U.S. federal income tax rate of 35% to income before provision (benefit) for income taxes as set forth in the following table:

	Predecessor									Successor
	For the Year Ended December 31,						For the Period January 1  Through August 14, 2015			For the Period August 15  Through December 31, 2015
	2013			2014
	(Dollars in thousands)
Tax at statutory U.S. federal rate	$	(14,036	)	$	(103,177	)	$	(40,797	)	$	(9,335	)
U.S. valuation allowance, net	(700		)	73,350			27,443			8,876
State taxes, net of federal tax benefit	(371		)	(4,387		)	(3,215		)	(697		)
U.S. tax return adjustments to estimated taxes	(1,032		)	(368		)	—			—
Resolution of uncertain tax positions	(752		)	(513		)	71			64
Adjustment for foreign income taxed at different rates	6,832			7,376			11,435			7,324
U.S. tax credits	(2,577		)	(1,000		)	—			—
Non-U.S. tax exemptions, holidays and credits	—			—			(691		)	228
Goodwill impairment	—			17,161			8,026			—
Capital loss expiration	—			2,422			—			—
Other	(207		)	(280		)	1,814			420
Total income tax (benefit) expense	$	(12,843	)	$	(9,416	)	$	4,086		$	6,880

The Company has been granted a tax holiday in Brazil, which expires in 2016. The availability of the tax holiday in Brazil did not have a significant impact on the current tax year.

The tax effects of temporary differences that give rise to significant components of the deferred tax assets and deferred tax liabilities at December 31, 2014, and December 31, 2015 are set forth in the following table:

	As of December 31,
	2014 Predecessor			2015 Successor
	(Dollars in thousands)
Deferred tax assets:
Postretirement and other employee benefits	$	43,204		$	34,713
Foreign tax credit and other carryforwards	64,214			115,163
Capitalized research and experimental costs	23,446			21,592
Environmental reserves	3,366			4,273
Inventory adjustments	19,568			12,719
Capital loss	272			276
Long-term contract option amortization	2,214			2,138
Provision for rationalization charges	17,255			5,967
Other	6,288			729
Total gross deferred tax assets	179,827			197,570
Less: valuation allowance	(95,721		)	(165,539		)
Total deferred tax assets	84,106			32,031
Deferred tax liabilities:
Fixed assets	$	59,292		$	54,150
Debt discount amortization / Deferred financing fees	3,301			7,666
Inventory	6,865			4,985
Goodwill and acquired intangibles	1,046			2,686
Other	3,761			4,647
Total deferred tax liabilities	74,265			74,134
Net deferred tax (liability) asset	$	9,841		$	(42,103	)

In November 2015, the Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) No. 2015-17, “Income Taxes (Topic 740): Balance Sheet Classification of Deferred Taxes,” which requires deferred tax assets and liabilities, as well as any related valuation allowance, be classified as noncurrent on the balance sheet. As a result, each jurisdiction will only have one net noncurrent deferred tax asset or liability. This ASU does not change the existing requirement that only permits offsetting within a jurisdiction. The amendments in the update may be applied either prospectively or retrospectively to all prior periods presented. The new guidance is effective for annual periods beginning after December 15, 2016, and interim periods within those annual periods, with early adoption permitted. We adopted the amendments as of December 31, 2015 on a prospective basis. Adoption of the amendments resulted in the presentation of all deferred income tax assets as noncurrent deferred income tax assets in our Consolidated Balance Sheet as of December 31, 2015. No prior periods were retrospectively adjusted and the adoption of the amendments had no impact on our consolidated results of operations or cash flows.  Net current deferred income tax assets are included in prepaid expenses and other current assets in the amount of $28.4 million as of December 31, 2014. Net non-current deferred tax assets are separately stated as deferred income taxes in the amount of $16.8 million as of December 31, 2014 and $15.3 million as of December 31, 2015. Net current deferred tax liabilities are included in accrued income and other taxes in the amount of $7.2 million as of December 31, 2014. Net non-current deferred tax liabilities are separately stated as deferred income taxes in the amount of $28.2 million at December 31, 2014 and $57.4 million at December 31, 2015.

We continue to assess the need for valuation allowances against deferred tax assets based on determinations of whether it is more likely than not that deferred tax benefits will be realized through the generation of future taxable income. Appropriate consideration is given to all available evidence, both positive and negative, in assessing the need for a valuation allowance. Examples of positive evidence would include a strong earnings history, an event or events that would increase our taxable income through a continued reduction of expenses, and tax planning strategies that would indicate an ability to realize deferred tax assets. Examples of negative evidence would include cumulative losses in recent years and history of tax attributes expiring unused.

GrafTech impaired the fixed assets and announced exiting of certain product lines in our Advanced Graphite Material ("AGM") product group, in the Company’s second quarter Form 10-Q. During the third quarter of 2014, we announced the conclusion of another phase of our on-going companywide cost savings assessment. This resulted in changes to the Company’s operating and management structure in order to streamline, simplify and decentralize the organization as described in more detail in Note 3, Rationalizations. The impairment charges and other rationalization related charges were incurred primarily in the U.S. jurisdiction. As a result, we determined that it is no longer “more likely than not” that we will generate sufficient future U.S. taxable income to realize our deferred tax assets related to U.S. foreign tax credits and state net operating loss carryforwards, as well as our net U.S. deferred tax assets. With the additional significant negative evidence of recent losses, the Company recognized a $73.4 million non-cash charge to the Statement of Operations in 2014 to reflect a full valuation allowance against these U.S. deferred income tax assets. The recognition of the valuation allowance does not result in or limit the Company's ability to utilize these tax assets in the future.

Valuation allowance activity for the years ended December 31, 2013, 2014 and 2015 is as follows:

	For the year ended December 31,
	2013			2014
	(Dollars in thousands)
Balance as of January 1	$	26,312		$	20,411
(Credited) / charged to income	(614		)	74,157
Translation adjustment	(746		)	(800		)
Changes attributable to movement in underlying assets	(4,541		)	1,953
Balance as of December 31	$	20,411		$	95,721

Predecessor	(Dollars in thousands)
Balance at January 1, 2015	$	95,721
(Credited) / charged to income	29,363
Translation adjustment	(1,467		)
Changes attributable to movement in underlying assets	(8,168		)
Balance as of August 14, 2015	$	115,449
Successor
(Credited) / charged to income	6,780
Translation adjustment	(101		)
Changes attributable to movement in underlying assets	43,411
Balance as of December 31, 2015	$	165,539

We have total foreign tax credit carryforwards of $19.7 million as of December 31, 2015, for which a full valuation allowance is recorded. These tax credit carryforwards begin to expire as of December 31, 2016. In addition, we have a federal net operating loss carryforward of $178.8 million and state net operating losses carryforwards of $260.6 million, which can be carried forward from 5 to 20 years. These net operating losses carryforwards generate a deferred tax asset of $74.6 million as of December 31, 2015. We also have U.S. non-net operating loss related deferred tax assets of $62.0 million as of December 31, 2015. The federal net operating loss carryforward and foreign tax credit utilization will be limited by IRC §382 and §383, respectively.

We have assessed the need for valuation allowances against these deferred tax assets based on determinations of whether it is more likely than not that deferred tax benefits will be realized through the generation of future taxable income. Appropriate consideration is given to all available evidence, both positive and negative, in assessing the need for a valuation allowance, including existing level of profitability and recently available projections of future taxable income, which are comparable with current year results.

Based upon the levels of historical federal and state taxable income and projections of future federal and state taxable income over the periods during which the carryforwards can be utilized, we do not believe it is more likely than not that we will realize the tax benefits of these deferred tax assets. Until we determine that we will generate sufficient jurisdictional taxable income to realize our net operating losses and deferred tax assets, these assets will continue to be fully reserved.

We have non-U.S. loss and tax credit carryforwards on a gross tax effected basis of $19.3 million, which can be carried forward from 7 years to indefinitely.

As of December 31, 2015, we had unrecognized tax benefits of $3.9 million, $3.1 million of which, if recognized, would have a favorable impact on our effective tax rate. We have elected to report interest and penalties related to uncertain tax positions as income tax expense. Accrued interest and penalties were $0.6 million as of December 31, 2013 (a reduction of $0.3 million in from 2011), $0.5 million as of December 31, 2014 and $0.7 million as of December 31, 2015. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

	As of December 31,
	2013			2014
	(Dollars in thousands)
Balance at January 1	$	9,769		$	7,203
Additions based on tax positions related to the current year	881			268
Additions for tax positions of prior years	323			232
Reductions for tax positions of prior years	(2,779		)	(1,204		)
Lapse of statutes of limitations	—			(1,180		)
Settlements	(988		)	(1,503		)
Foreign currency impact	(3		)	(106		)
Balance at December 31	$	7,203		$	3,710

Predecessor	(Dollars in thousands)
Balance at January 1, 2015	$	3,710
Foreign currency impact	(21		)
Balance as of August 14, 2015	$	3,689
Successor
Additions for tax positions of prior years	301
Foreign currency impact	(69		)
Balance as of December 31, 2015	$	3,921

It is reasonably possible that a reduction of unrecognized tax benefits of up to $0.6 million may occur within 12 months due to settlements and the expiration of statutes of limitation.

We file income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. All U.S. federal tax years prior to 2013 are generally closed by statute or have been audited and settled with the applicable domestic tax authorities. All other jurisdictions are still open to examination beginning after 2009.

The Company has not provided for U.S. income taxes or foreign withholding taxes on the differences between the financial reporting basis in our foreign investments, and the tax basis in such investments, estimated to be $537.3 million, which are considered to be permanently reinvested as of December 31, 2015. Any outside basis difference would be taxable upon the sale or liquidation of the foreign subsidiaries, or upon the remittance of dividends. The measurement of the unrecognized U.S. income taxes, if any, that may be associated with these outside basis differences, is not practicable.