Income Taxes

12 Months Ended

Dec. 31, 2022

Income Tax Disclosure [Abstract]

Income Taxes

9. Income Taxes

The provisions for taxes on income and the related income before taxes for the years ended December 31, 2022, 2021 and 2020, were as follows:

(In thousands)	2022			2021			2020
Taxes on Income
Federal
Current	$	39,328		$	35,057		$	21,889
Deferred		(20,636	)		(25,653	)		(3,453	)
State
Current		9,875			9,320			4,305
Deferred		(6,943	)		(6,556	)		(562	)
Foreign
Current		19,799			23,870			21,723
Deferred		127			(1,396	)		(491	)
Total	$	41,550		$	34,642		$	43,411
Income before Taxes
Domestic	$	103,831		$	77,696		$	81,906
Foreign		84,872			94,841			89,161
Total	$	188,703		$	172,537		$	171,067

The variations between the effective and statutory U.S. federal income tax rates are summarized as follows:

	2022						2021						2020
(In thousands)	Amount			%			Amount			%			Amount			%
Federal income tax provision at statutory tax rate	$	39,628			21.0		$	36,233			21.0		$	35,924			21.0
State income tax provision, less applicable federal tax benefit		2,316			1.2			2,184			1.3			2,956			1.7
Foreign income taxed at different rates		2,417			1.3			2,356			1.4			1,964			1.1
U.S. taxation of foreign earnings (1)		1,616			0.9			(134	)		(0.1	)		4,134			2.4
Unrecognized tax benefits		3,324			1.8			1,775			1.0			1,454			0.8
Prior years return to provision true-up (2)		(1,915	)		(1.0	)		(3,314	)		(1.9	)		(588	)		(0.3	)
Stock based compensation, excess tax benefits		(580	)		(0.3	)		(1,287	)		(0.7	)		(1,816	)		(1.1	)
U.S. tax credits (3)		(4,508	)		(2.4	)		(2,692	)		(1.6	)		(1,831	)		(1.1	)
Non-deductible expenses and other items, net		(748	)		(0.5	)		(479	)		(0.3	)		1,214			0.9
Total income tax provision	$	41,550			22.0		$	34,642			20.1		$	43,411			25.4

(1)Includes cost of global intangible low-taxed income (GILTI) in 2022, 2021 and 2020 plus other taxes paid or withheld on cash repatriated from foreign countries in 2021 and 2020. For 2022, includes Subpart F activity. For 2021, includes the benefit of separate limitation loss foreign tax credit attributes, related to prior years, that were utilized in 2021.

(2)For 2022, amount resulted from a higher federal research credit and lower GILTI. For 2021, amount resulted from a higher federal research credit, higher foreign-derived intangible income (FDII), and lower GILTI.

(3)For 2022, the increase was partially due to certain pilot model design and engineering costs.

At December 31, 2022 and 2021, the tax effects of significant temporary differences representing deferred tax assets and liabilities were as follows:

(In thousands)	2022			2021
Deferred Tax Assets:
Pensions	$	144		$	537
Deferred revenue		3,483			3,444
Other accruals and reserves		13,949			13,331
Legal and environmental accruals		10,283			7,385
Deferred compensation		13,845			16,210
Bad debt and rebate reserves		3,729			2,706
Non-U.S. subsidiaries net operating loss carryforwards		3,634			1,494
Amortization of intangibles		28,311			5,092
Inventories		10,577			3,108
Tax credit carryforwards		8,183			2,829
	$	96,138		$	56,136
Deferred Tax Liabilities:
Depreciation	$	(52,130	)	$	(42,299	)
Unrealized foreign exchange loss		(3,603	)		(2,908	)
Other		(3,064	)		(1,614	)
	$	(58,797	)	$	(46,821	)
Valuation Allowance	$	(836	)	$	(862	)
Net Deferred Tax Assets	$	36,505		$	8,453
Reconciliation to Consolidated Balance Sheet:
Non-current deferred tax assets (in other non-current    assets)		46,684			20,944
Non-current deferred tax liabilities		(10,179	)		(12,491	)
Net Deferred Tax Assets	$	36,505		$	8,453

Earnings generated by a foreign subsidiary are presumed to ultimately be transferred to the parent company. Therefore, the establishment of deferred taxes may be required with respect to the excess of the investment value for financial reporting over the tax basis of investments in those foreign subsidiaries (also referred to as book-over-tax outside basis differences). A company may overcome this presumption and forgo recording a deferred tax liability in its financial statements if it can assert that management has

the intent and ability to indefinitely reinvest the earnings of its foreign subsidiaries. Pursuant to the 2017 U.S. Tax Cuts and Jobs Act (Tax Act), the Company’s foreign earnings have been subject to U.S. federal taxes. The Company now has the ability to repatriate to the U.S. parent the cash associated with these foreign earnings with little additional U.S. federal taxes. This cash may, however, be subject to foreign income and/or local country taxes if repatriated to the United States. In addition, repatriation of some foreign cash balances may be further restricted by local laws. As such, the Company intends to limit its distributions to earnings previously taxed in the U.S. or earnings that would qualify for the 100 percent dividends received deduction provided for in the Tax Act as long as such distributions would not result in any significant foreign taxes. In 2022, the Company did not repatriate any cash to the U.S. parent company. In 2021, the Company repatriated $15,340,000 between May and December from its Brazilian, Colombian, and Mexican subsidiaries. The Company did not incur any incremental taxes as a result of this repatriation. In anticipation of the Company’s acquisition of INVISTA’s aromatic polyester polyol business and associated assets, the Company’s Philippines entities declared a cash dividend of approximately $20,700,000 to the U.S. parent in December 2020. The Company recorded $2,384,000 of additional income tax expense in 2020 as a result of the expected repatriation. The Company’s U.S. parent received the cash in 2021. The effect of the adjustment on the 2020 effective tax rate was an increase of approximately 1.4 percent.

The Company evaluated its indefinite reinvestment assertion with regards to certain accumulated foreign earnings as of December 31, 2022. The Company does not consider the undistributed earnings of its Canadian subsidiary to be indefinitely reinvested in foreign operations to the extent of the subsidiary’s paid-up capital (PUC) as determined under Canadian tax law which is used to determine tax-free distributions for Canadian tax purposes. The Company also does not consider the undistributed earnings of one of its Dutch subsidiaries, and one of its Singapore subsidiaries to be indefinitely reinvested in foreign operations. A distribution from any of these subsidiaries should not result in any significant foreign taxes to the extent of the distribution limitations discussed above and therefore, the Company has not recognized a deferred tax liability for these undistributed earnings as of December 31, 2022. In 2021, the Company dissolved its China joint venture that prior to dissolution had not been considered indefinitely reinvested. The dissolution resulted in $142,000 of additional income tax expense in 2021. The Company considers the undistributed earnings of its remaining foreign subsidiaries to be indefinitely reinvested in foreign operations. At this time, the determination of deferred tax liabilities on this amount is not practicable.

The Company had non-U.S. tax loss carryforwards of $10,754,000 (pretax) as of December 31, 2022, and $3,351,000 as of December 31, 2021, that are available for use by the Company between 2023 and 2032. The Company had tax credit carryforwards of $8,183,000 as of December 31, 2022, and $2,829,000 as of December 31, 2021, that are available for use by the Company between 2023 and 2042. The Company had non-U.S. capital loss carryforwards of $595,000 as of December 31, 2022, and $638,000 as of December 31, 2021. The Company’s capital loss carryforwards do not expire.

As of December 31, 2022, and 2021, the Company had valuation allowances of $836,000 and $862,000, respectively, which were attributable to deferred tax assets in Canada, India, the Philippines and Singapore. The realization of deferred tax assets is dependent on the generation of sufficient taxable income in the appropriate tax jurisdictions. The Company believes that it is more likely than not that the related deferred tax assets will not be realized.

As of December 31, 2022, 2021 and 2020, unrecognized tax benefits totaled $10,682,000, $7,292,000 and $4,735,000, respectively. The amount of unrecognized tax benefits that, if recognized, would favorably affect the Company’s effective income tax rate in any future periods, net of the federal benefit on state issues, was approximately $10,172,000, $6,973,000 and $4,545,000 at December 31, 2022, 2021 and 2020, respectively. The Company does not believe that the amount of unrecognized tax benefits related to its current uncertain tax positions will change significantly over the next 12 months.

The Company recognizes accrued interest and penalties related to unrecognized tax benefits as income tax expense. In 2022, the Company recognized net interest and penalty expense of $202,000 compared to $260,000 of net interest and penalty expense in 2021 and $31,000 of net interest and penalty expense in 2020. At December 31, 2022 the liability for interest and penalties was $543,000 compared to $340,000 at December 31, 2021.

The Company files income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. The Company is not subject to U.S. federal income tax examinations by tax authorities for years before 2016. Some foreign jurisdictions and various U.S. states jurisdictions may be subject to examination back to 2015.

During 2021, the Internal Revenue Service started its audit of the 2016-2019 tax years and expanded the years under audit to 2016-2020 in 2022. As of December 31, 2022, this audit was still open, and the Company had not been notified of any significant proposed adjustments.

Below are reconciliations of the January 1 and December 31 balances of unrecognized tax benefits for 2022, 2021 and 2020:

(In thousands)	2022			2021			2020
Unrecognized tax benefits, opening balance	$	7,292		$	4,735		$	3,273
Gross increases – tax positions in prior period		2,188			938			190
Gross increases – current period tax positions		1,617			1,662			1,288
Settlements		(454	)		—			—
Foreign currency translation		74			(14	)		15
Lapse of statute of limitations		(35	)		(29	)		(31	)
Unrecognized tax benefits, ending balance	$	10,682		$	7,292		$	4,735