
	Year Ended December 31,
	2020		2019		2018
Federal:
Current	$	18,951	$	(51,980)	$	166,024
Deferred	61,034		(74,432)		(7,667)
	79,985		(126,412)		158,357
State:
Current	33,291		52,403		43,320
Deferred	3,872		(5,760)		(3,692)
	37,163		46,643		39,628
Foreign:
Current	88,994		163,833		149,194
Deferred	7,959		(14,169)		(34,121)
	96,953		149,664		115,073
	$	214,101	$	69,895	$	313,058


	Year Ended December 31,
	2020		2019		2018
Federal statutory tax rate	21	%	21	%	21	%
Foreign rate differential	—		4		—
State taxes, net of federal benefit	3		3		3
Non-deductible expenses	1		1		2
Reserves for uncertain tax positions	—		1		—
Credits and exemptions	(2)		(4)		(2)
Outside basis differences recognized as a result of a legal entity restructuring	—		(20)		—
Tax Reform	—		—		1
Change in valuation allowance	—		—		(1)
Acquisition-related costs	—		—		(2)
Other	(1)		(1)		1
Effective tax rate	22	%	5	%	23	%

On March 18, 2020, the Families First Coronavirus Response Act (FFCR Act), and on March 27, 2020, the CARES Act were each enacted in response to the Covid-19 pandemic. The FFCR Act and the CARES Act contain numerous tax provisions, such as net operating loss carry-back periods, alternative minimum tax credit refunds, deferral of employer payroll taxes deferring payroll tax payments, establishing a credit for the retention of certain employees, relaxing limitations on the deductibility of interest, and updating the definition of qualified improvement property. This legislation currently has no material impact to income tax expense on the company’s financial statements.

In the fourth quarter of 2019, we recognized a net tax benefit of approximately $277.2 million attributable to outside basis differences recognized as a result of a legal entity restructuring. The recognition of the outside tax basis differences generated a capital loss that offset capital gains generated during 2019. A portion of the capital loss was carried back to tax years 2016, 2017 and 2018 to offset capital gains in those years. The remaining capital loss was carried forward to tax years 2020 and forward to be utilized to offset capital gains in these years. Based on our strong history of capital gains in the prior three years and the nature of our business we expect to generate sufficient capital gains in the remaining four year carry forward period and therefore concluded that it is more likely than not that we will realize the full tax benefit from the capital loss carried forward. Accordingly, we have not provided any valuation allowance against the deferred tax asset for the capital loss carried forward.

On December 22, 2017, the Tax Act was signed into law making significant changes to the IRC, including a decrease to the U.S. corporate tax rate from 35% to 21% and a one-time transition tax (i.e. toll charge, or the Transition Tax) on the mandatory deemed repatriation of cumulative foreign earnings as of December 31, 2017. We recorded a provisional amount for our one-time Transition Tax liability of $158.0 million for the year ended December 31, 2017, which represented our estimate of the U.S. federal and state tax impact of the Transition Tax, partially offset by a net income tax benefit of $14.6 million related to the re-measurement of U.S. federal deferred tax assets and liabilities. Our provision for income taxes for 2018 included a net expense true-up of $13.3 million associated with the Tax Act. As required, we paid the full state tax liability for the Transition Tax in 2018. We are paying the federal tax liability for the Transition Tax in annual interest-free installments over a period of eight years through 2025 as allowed by the Tax Act. As of December 31, 2020, the company had $54.8 million remaining Transition Tax liability (including a 2019 true-up of the Transition Tax liability) payable in tax years 2023 and 2024.


	December 31,
	2020		2019
Asset (Liability)
Tax losses and tax credits	$	334,303	$	330,839
Operating lease liabilities	358,066		320,261
Bonus and deferred compensation	295,690		280,747
Bad debt and other reserves	73,061		66,504
Pension obligation	18,026		24,022
Investments	17,506		5,236
Tax effect on revenue items related to Topic 606 adoption	(16,784)		(25,620)
Property and equipment	(88,595)		(54,370)
Unconsolidated affiliates and partnerships	(59,544)		(63,594)
Capitalized costs and intangibles	(313,099)		(277,246)
Operating lease assets	(366,671)		(314,433)
All other	6,181		(1,153)
Net deferred tax assets before valuation allowance	258,140		291,193
Valuation allowance	(291,096)		(251,922)
Net deferred tax (liabilities) assets	$	(32,956)	$	39,271

In the first quarter of 2019 we adopted new lease accounting guidance (see Note 2). As a result of such adoption, as of December 31, 2019 we recorded deferred tax assets of $320.3 million and deferred tax liabilities of $314.4 million for book tax basis differences in the operating lease liabilities and operating lease assets, respectively. As of December 31, 2020, we had a U.S. federal capital loss carryforward, net of related reserves for uncertain tax positions, of approximately $135.2 million, translating to a net deferred tax asset before valuation allowance of $28.4 million, which will expire after 2024. As of December 31, 2020, we had U.S. federal NOLs, net of related reserves for uncertain tax positions, of approximately $8.8 million, translating to a net deferred tax asset before valuation allowance of $1.8 million, which will begin to expire in 2037. As of December 31, 2020, there were also deferred tax assets before valuation allowances of approximately $300.2 million related to foreign NOLs. The foreign NOLs begin to expire in 2020, but the majority carry forward indefinitely. The utilization of NOLs may be subject to certain limitations under U.S. federal, state and foreign laws. We have recorded a full valuation allowance for deferred tax assets where we believe that it is more likely than not that the NOLs will not be fully utilized.

We determined that as of December 31, 2020, $291.1 million of deferred tax assets do not satisfy the realization criteria set forth in Topic 740. Accordingly, a valuation allowance has been recorded for this amount. If released, the entire amount would result in a benefit to continuing operations. During the year ended December 31, 2020, our valuation allowance increased by approximately $39.2 million. The change in the valuation allowance was driven by an increase in the valuation allowance associated with NOLs generated by our operations in Luxembourg. We believe it is more likely than not that future operations will generate sufficient taxable income to realize the benefit of the deferred tax assets recorded net of these valuation allowances.

Our foreign subsidiaries have accumulated $3.0 billion of undistributed earnings for which we have not recorded a deferred tax liability. No additional income taxes have been provided for any remaining undistributed foreign earnings not subject to the Transition Tax, in connection with the enactment of the Tax Act, or any additional outside basis difference inherent in these entities, as these amounts continue to be indefinitely reinvested in foreign operations. While federal and state current income tax expense have been recognized as a result of the Tax Act, we have not provided any additional deferred taxes with respect to items such as foreign withholding taxes, state income tax or foreign exchange gain or loss that would be due when cash is actually repatriated to the U.S. because those foreign earnings are considered permanently reinvested in the business or may be remitted substantially free of any additional local taxes. The determination of the amount of the unrecognized deferred tax liability related to the undistributed earnings if eventually remitted is not practicable.

The total amount of gross unrecognized tax benefits was approximately $168.5 million and $141.2 million as of December 31, 2020 and 2019, respectively. The total amount of unrecognized tax benefits that would affect our effective tax rate, if recognized, is $54.9 million ($52.3 million, net of federal benefit received from state positions) and $44.5 million ($42.7 million, net of federal benefit received from state positions) as of December 31, 2020 and 2019, respectively.


	Year Ended December 31,
	2020		2019
Beginning balance, unrecognized tax benefits	$	(141,164)	$	(94,962)
Gross increases - tax positions in prior period	(31,070)		(22,229)
Gross decreases - tax positions in prior period	1,530		17,390
Gross increases - current-period tax positions	(9,688)		(45,262)
Decreases relating to settlements	—		218
Reductions as a result of lapse of statute of limitations	11,791		3,680
Foreign exchange movement	85		1
Ending balance, unrecognized tax benefits	$	(168,516)	$	(141,164)

During the year ended December 31, 2020, we released $11.8 million of gross unrecognized tax benefits primarily due to expiration of the statute of limitations related to the 2016 tax year. As a result, we recognized $8.4 million of income tax benefits related to decreases in tax positions and $3.4 million of income tax benefits related to interest and penalties. We believe the amount of gross unrecognized tax benefits that will be settled during the next twelve months due to filing amended returns and settling ongoing exams cannot be reasonably estimated but will not be significant.

Our continuing practice is to recognize potential accrued interest and/or penalties related to income tax matters within income tax expense. During the years ended December 31, 2020, 2019 and 2018, we accrued an additional $0.4 million, $0.3 million and $0.6 million, respectively, in interest and penalties associated with uncertain tax positions. As of December 31, 2020 and 2019, we have recognized a liability for interest and penalties of $1.6 million ($1.3 million, net of related federal benefit received from interest expense) and $3.8 million ($3.1 million, net of related federal benefit received from interest expense), respectively.

We conduct business globally and, as a result, one or more of our subsidiaries files income tax returns in the U.S. federal jurisdiction and in multiple state, local and foreign tax jurisdictions. Our U.S. federal income tax returns for years 2016 through 2019 are currently under audit by the Internal Revenue Service. We are also under audit by various states and foreign tax jurisdictions including Canada, Korea, and the U.K. With limited exception, our significant foreign tax jurisdictions are no longer subject to audit by the various tax authorities for tax years prior to 2011.