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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes
Arch Capital is incorporated under the laws of Bermuda and, under current Bermuda law, is not obligated to pay any taxes in Bermuda based upon income or capital gains. The Company has received a written undertaking from the Minister of Finance in Bermuda under the Exempted Undertakings Tax Protection Act 1966 that, in the event that any legislation is enacted in Bermuda imposing any tax computed on profits, income, gain or appreciation on any capital asset, or any tax in the nature of estate duty or inheritance tax, such tax will not be applicable to Arch Capital or any of its operations until March 31, 2035. This undertaking does not, however, prevent the imposition of taxes on any person ordinarily resident in Bermuda or any company in respect of its ownership of real property or leasehold interests in Bermuda.
Arch Capital and its non-U.S. subsidiaries will be subject to U.S. federal income tax only to the extent that they derive U.S. source income that is subject to U.S. withholding tax or income that is effectively connected with the conduct of a trade or business within the U.S. and is not exempt from U.S.
tax under an applicable income tax treaty with the U.S. Arch Capital and its non-U.S. subsidiaries will be subject to a withholding tax on dividends from U.S. investments and interest from certain U.S. payors (subject to reduction by any applicable income tax treaty). Arch Capital and its non-U.S. subsidiaries intend to conduct their operations in a manner that will not cause them to be treated as engaged in a trade or business in the United States and, therefore, will not be required to pay U.S. federal income taxes (other than U.S. excise taxes on insurance and reinsurance premium and withholding taxes on dividends and certain other U.S. source investment income). However, because there is uncertainty as to the activities which constitute being engaged in a trade or business within the United States, there can be no assurances that the U.S. Internal Revenue Service will not contend successfully that Arch Capital or its non-U.S. subsidiaries are engaged in a trade or business in the United States. If Arch Capital or any of its non-U.S. subsidiaries were subject to U.S. income tax, Arch Capital’s shareholders’ equity and earnings could be materially adversely affected. Arch Capital has subsidiaries and branches that operate in various jurisdictions around the world that are subject to tax in the jurisdictions in which they operate. The significant jurisdictions in which Arch Capital’s subsidiaries and branches are subject to tax are the United States, United
Kingdom, Ireland, Canada, Switzerland, Australia and Denmark.
The components of income taxes attributable to operations were as follows:
Year Ended December 31,
202120202019
Current expense (benefit):
United States$284,274 $181,571 $139,407 
Non-U.S.11,259 16,091 4,954 
295,533 197,662 144,361 
Deferred expense (benefit):
United States(123,261)(89,170)11,849 
Non-U.S.(43,690)3,346 (400)
(166,951)(85,824)11,449 
Income tax expense$128,582 $111,838 $155,810 
The Company’s income or loss before income taxes was earned in the following jurisdictions:
Year Ended December 31,
202120202019
Income (Loss) Before Income Taxes:
Bermuda$1,518,616 $1,114,117 $1,122,952 
United States643,239 409,893 701,480 
Other206,187 53,539 24,678 
Total$2,368,042 $1,577,549 $1,849,110 
The expected tax provision computed on pre-tax income or loss at the weighted average tax rate has been calculated as the sum of the pre-tax income in each jurisdiction multiplied by that jurisdiction’s applicable statutory tax rate. The 2021 applicable statutory tax rates by jurisdiction were as follows: Bermuda (0.0%), United States (21.0%), United Kingdom (19.0%), Ireland (12.5%), Denmark (22.0%), Canada (26.5%), Gibraltar (12.5%), Australia (30.0%), Hong Kong (16.5%) and the Netherlands (25.0%).
A reconciliation of the difference between the provision for income taxes and the expected tax provision at the weighted average tax rate follows:
Year Ended December 31,
202120202019
Expected income tax expense (benefit) computed on pre-tax income at weighted average income tax rate$158,269 $111,947 $149,799 
Addition (reduction) in income tax expense (benefit) resulting from:
Tax-exempt investment income(23,572)(1,824)(3,091)
Meals and entertainment379 547 1,134 
State taxes, net of U.S. federal tax benefit20,978 5,027 3,314 
Foreign branch taxes1,998 2,094 1,231 
Prior year adjustment(1,432)3,983 632 
Foreign exchange gains & losses1,190 (1,736)436 
Changes in applicable tax rate447 — — 
Dividend withholding taxes12,211 7,105 6,510 
Change in valuation allowance(40,425)13,190 1,628 
Contingent consideration— 9 190 
Share based compensation(5,339)(2,533)(6,592)
Intercompany loan write-off— (22,083)— 
Other3,878 (3,888)619 
Income tax expense (benefit)$128,582 $111,838 $155,810 
The effect of a change in tax laws or rates on deferred tax assets and liabilities is recognized in income in the period in which such change is enacted.
Deferred income tax assets and liabilities reflect temporary differences based on enacted tax rates between the carrying amounts of assets and liabilities for financial reporting and income tax purposes.
Significant components of the Company’s deferred income tax assets and liabilities were as follows:
December 31,
20212020
Deferred income tax assets:
Net operating loss$87,960 $67,142 
Uncrystallized losses— 2,926 
Discounting of net loss reserves72,001 74,247 
Net unearned premium reserve75,483 66,368 
Compensation liabilities28,062 27,351 
Foreign tax credit carryforward20,058 19,160 
Interest expense755 622 
Goodwill and intangible assets— 14,450 
Bad debt reserves10,252 10,842 
Depreciation and amortization115,041 — 
Lease liability21,453 23,604 
Net unrealized foreign exchange gains166 165 
Other, net— 2,318 
Deferred tax assets before valuation allowance431,231 309,195 
Valuation allowance(43,953)(88,255)
Deferred tax assets net of valuation allowance387,278 220,940 
Deferred income tax liabilities:
Depreciation and amortization— (495)
Deposit accounting liability(1,578)(1,751)
Goodwill and intangibles(70,549)— 
Lloyds year of account deferral(12,514)— 
Contingency reserve(49,486)(64,593)
Deferred policy acquisition costs(25,612)(42,045)
Investment related(7,492)(9,571)
Net unrealized appreciation of investments(8,377)(66,681)
Right-of-use asset(17,406)(19,239)
Other, net(218)(843)
Total deferred tax liabilities(193,232)(205,218)
Net deferred income tax assets$194,046 $15,722 
The Company provides a valuation allowance to reduce the net value of certain deferred tax assets to an amount which management expects to more likely than not be realized. As of December 31, 2021, the Company’s valuation allowance was $44.0 million, compared to $88.3 million at December 31, 2020. The valuation allowance at December 31, 2021, was primarily attributable to valuation allowances on the Company’s U.K., Canadian and Hong Kong operations and certain other deferred tax assets relating to loss carryforwards that have a limited use.
At December 31, 2021, the Company’s net operating loss carryforwards and tax credits were as follows:
Year Ended December 31,
2021
Expiration
Operating Loss Carryforwards
United Kingdom$259,235 No expiration
Ireland9,032 No expiration
Australia39,981 No expiration
Hong Kong23,203 No expiration
United States (1)29,508 
2029 - 2038
Tax Credits
U.K. foreign tax credits20,058 No expiration
(1) On January 30, 2014, the Company’s U.S. mortgage operations underwent an ownership change for U.S. federal income tax purposes as a result of the Company’s acquisition of the CMG Entities. As a result of this ownership change, a limitation has been imposed upon the utilization of approximately $7.6 million of the Company’s existing U.S. net operating loss carryforwards. Utilization is limited to approximately $0.6 million per year in accordance with Section 382 of the Internal Revenue Code of 1986 as amended (“the Code”).
The Company’s U.S. mortgage operations are eligible for a tax deduction, subject to certain limitations, under Section 832(e) of the Code for amounts required by state law or regulation to be set aside in statutory contingency reserves. The deduction is allowed only to the extent that the Company purchases non-interest bearing U.S. Mortgage Guaranty Tax and Loss Bonds (“T&L Bonds”) issued by the U.S. Treasury Department in an amount equal to the tax benefit derived from deducting any portion of the statutory contingency reserves. T&L Bonds are reflected in ‘other assets’ on the Company’s balance sheet and totaled approximately $31.6 million at December 31, 2021, compared to $88.1 million at December 31, 2020.
Deferred income tax liabilities have not been accrued with respect to the undistributed earnings of the Company's U.S., U.K. and Ireland subsidiaries as it is the Company’s intention that all such earnings will be indefinitely reinvested. If the earnings were to be distributed, as dividends or otherwise, such amounts may be subject to withholding tax in the jurisdiction of the paying entity. The Company no longer intends to indefinitely reinvest earnings from the Company's Canada subsidiary, however, no income or withholding taxes have been accrued as the Canada subsidiary does not have positive cumulative earnings and profits and therefore a distribution from this particular subsidiary would not be subject to income taxes or withholding taxes. Potential tax implications of repatriation from the Company’s unremitted earnings that are indefinitely reinvested are driven by facts at the time of distribution. Therefore it is not practicable to estimate the income tax liabilities that might be incurred if such earnings were remitted. Distributions from the U.K. or
Ireland would not be subject to withholding tax and no deferred income tax liability would need to be accrued.
The Company recognizes interest and penalties relating to unrecognized tax benefits in the provision for income taxes. As of December 31, 2021, the Company’s total unrecognized tax benefits, including interest and penalties, were $2.0 million. If recognized, the full amount of the unrecognized tax benefit would impact the consolidated effective tax rate. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
December 31,
20212020
Balance at beginning of year$2,008 $2,008 
Additions based on tax positions related to the current year— — 
Additions for tax positions of prior years— — 
Reductions for tax positions of prior years— — 
Settlements— — 
Balance at end of year$2,008 $2,008 
The Company, its subsidiaries and branches file income tax returns in various federal, state and local jurisdictions. The following table details open tax years that are potentially subject to examination by local tax authorities, in the following major jurisdictions:
JurisdictionTax Years
United States
2015-2021
United Kingdom
2020-2021
Ireland
2017-2021
Canada
2017-2021
Switzerland
2018-2021
Denmark
2017-2021
Australia
2017-2021
As of December 31, 2021, the Company’s current income tax payable (included in “Other liabilities”) was $14.8 million.