14. Income Taxes

Income before income taxes included income from domestic operations of $317.9 million, $322.2 million, and $51.6 million for fiscal years ended September 30, 2018, 2017 and 2016 and income (loss) from foreign operations of $(140.4) million, $107.0 million, and $74.0 million for fiscal years ended September 30, 2018, 2017 and 2016.

Income tax (benefit) expense was comprised of:


	Fiscal Year Ended
	September 30,		September 30,		September 30,
	2018		2017		2016
	(in millions)
Current:
Federal	$	(122.4)	$	10.3	$	33.7
State		19.0		17.9		12.4
Foreign		47.1		29.3		26.1
Total current income tax expense		(56.3)		57.5		72.2
Deferred:
Federal		14.5		(8.3)		(63.4)
State		39.0		10.4		(5.4)
Foreign		(16.8)		(51.9)		(41.3)
Total deferred income tax expense (benefit)		36.7		(49.8)		(110.1)
Total income tax (benefit) expense	$	(19.6)	$	7.7	$	(37.9)

The major elements contributing to the difference between the U.S. federal statutory rate of 24.5% for fiscal year ended September 30, 2018 and 35% for fiscal years ended September 30, 2017 and 2016 and the effective tax rate are as follows:


	Fiscal Year Ended
	September 30,				September 30,				September 30,
	2018				2017				2016
	Amount		%		Amount		%		Amount		%
	(in millions)
Tax at federal statutory rate	$	43.5	24.5	%	$	150.3	35.0	%	$	43.9	35.0	%
State income tax, net of federal benefit		17.8	10.0			24.3	5.7			5.6	4.5
Valuation allowance		58.7	33.1			(51.2)	(11.9)			(54.8)	(43.6)
Impairment, nondeductible for tax		33.9	19.1			—	—			—	—
Foreign residual income		10.3	5.8			(9.2)	(2.1)			17.8	14.2
Nondeductible costs		3.5	1.9			5.8	1.4			6.1	4.8
Change in tax rates		0.1	0.1			—	—			34.6	27.6
Impact of changes in tax law		(47.8)	(26.9)			—	—			—	—
Income tax credits and incentives		(37.2)	(21.0)			(56.8)	(13.2)			(24.6)	(19.6)
Change in uncertain tax positions		(31.4)	(17.7)			9.5	2.2			(5.0)	(4.0)
Audit settlement		(27.7)	(15.6)			—	—			—	—
Return to provision, primarily foreign tax credits		(18.5)	(10.4)			—	—			—	—
Exclusion of tax on non-controlling interests		(14.9)	(8.4)			(28.2)	(6.6)			(24.7)	(19.7)
Tax exempt income		(7.4)	(4.2)			(17.9)	(4.2)			(17.6)	(14.0)
Foreign tax rate differential		(1.6)	(0.9)			(19.2)	(4.5)			(19.7)	(15.7)
Other items, net		(0.9)	(0.5)			0.3	—			0.5	0.3
Total income tax expense	$	(19.6)	(11.1)	%	$	7.7	1.8	%	$	(37.9)	(30.2)	%

During the first quarter of 2018, President Trump signed what is commonly referred to as The Tax Cuts and Jobs Act (the Tax Act) into law. The Tax Act reduced the Company’s U.S. federal corporate tax rate from 35% to a blended tax rate of 24.5% for its fiscal year ending September 30, 2018 and 21% for fiscal years thereafter, requires companies to pay a one-time transition tax on accumulated earnings of foreign subsidiaries, creates new taxes on foreign sourced earnings and eliminates or reduces deductions. Given the significance of the Tax Act, the SEC staff issued Staff Accounting Bulletin No. 118 (SAB 118), which allows registrants to record provisional amounts during a one year “measurement period” similar to that used when accounting for business combinations. However, the measurement period is deemed to have ended earlier when the registrant has obtained, prepared and analyzed the information necessary to finalize its accounting. During the measurement period, impacts of the law are expected to be recorded at the time a reasonable estimate for all or a portion of the effects can be made, and provisional amounts can be recognized and adjusted as information becomes available, prepared or analyzed.

During the fiscal year 2018, the Company recorded a $32.0 million provisional tax benefit related to the remeasurement of its U.S. deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future, which is generally 21%. In addition, the Company released the deferred tax liability and recorded a tax benefit related to foreign subsidiaries for which the undistributed earnings are not intended to be reinvested indefinitely for $79.8 million and accrued $64 million of tax expense related to the one-time transition tax. The Company has not yet completed its calculation of the total foreign earnings and profits of its foreign subsidiaries and accordingly this amount may change when the Company finalizes the calculation of foreign earnings.

During the fourth quarter of 2018, the Company recorded a valuation allowance of $38.1 million against foreign tax credits related to deferred tax assets in the U.S. In its determination of the realizability of its deferred tax assets, the Company evaluated positive evidence consisting of forecasts of foreign tax credit utilization against future foreign source income, earnings trends over a sustainable period, positive economic conditions in the industries the Company operates in, possible prudent and feasible tax planning strategies (net of costs to implement the tax planning strategies) and actual usage of foreign tax credit carryforwards. The Company also evaluated negative evidence consisting of significant foreign tax credits and U.S. tax law changes that restrict the usage of foreign tax credits. This evaluation was conducted on a tax jurisdictional basis or legal entity basis, as applicable, and based on the weighing of all positive and negative evidence, a determination was made as to the realizability of the deferred tax assets on that same basis.

During the fourth quarter of 2018, the Company restructured certain operations in Canada which resulted in a release of a valuation allowance of $13.1 million. Certain operations in Canada continue to forecast losses and the valuation allowances could be reduced if the earnings trends reverse. During the second quarter of 2017, valuation allowances in the amount of $59.9 million in the United Kingdom were released due to sufficient positive evidence obtained during that quarter.

Generally, the Company would reverse its valuation allowance in a particular tax jurisdiction if the positive evidence examined, such as projected and sustainable earnings or a tax-planning strategy that allows for the usage of the deferred tax asset, is sufficient to overcome significant negative evidence, such as large net operating loss carryforwards or a cumulative history of losses in recent years. In the United States, the valued deferred tax assets have a restricted life or use under relevant tax law and, therefore, it is unlikely that the valuation allowance related to these assets will reverse. In addition, the Company is continually investigating tax planning strategies that, if prudent and feasible, may be implemented to realize a deferred tax asset that would otherwise expire unutilized. The identification and internal/external approval (as relevant) of such a prudent and feasible tax planning strategy could cause a reduction in the valuation allowance.

During the fourth quarter of 2018, the Company effectively settled a U.S. federal income tax examination for URS pre-acquisition tax years 2012, 2013 and 2014 and recorded a benefit of $27.7 million related to various adjustments, in addition to the favorable settlement for R&D credits of $26.2 million recorded in the second quarter of 2018. The Company is currently under tax audit in several jurisdictions including the U.S and believe the outcomes which are reasonably possible within the next twelve months, including lapses in statutes of limitations, could result in adjustments, but will not result in a material change in the liability for uncertain tax positions.

In the fourth quarter of 2017, the Company executed international restructuring transactions that resulted in a distribution of current year earnings and profits and the associated foreign tax credits. The distribution resulted in the recognition of a benefit of $25.2 million related to excess foreign tax credits expected to be realized in the foreseeable future. These current year earnings had previously been forecasted to qualify for the indefinite reinvestment criterion. The Company’s change in assertion for these investments was a one-time event and did not impact the Company’s past or future assertions regarding intent and ability to reinvest indefinitely.

In the third quarter of 2017, the Company recapitalized one of its European subsidiaries which resulted in the Company indefinitely reinvesting a portion of its non-U.S. undistributed earnings that U.S. tax had previously been provided for and released the associated $21.2 million deferred tax liability. These non-U.S. earnings are now intended to be reinvested indefinitely outside of the U.S. to meet the Company’s current and future cash needs of its European operations.

The deferred tax assets (liabilities) are as follows:


	Fiscal Year Ended
	September 30,		September 30,
	2018		2017
	(in millions)
Deferred tax assets:
Compensation and benefit accruals not currently deductible	$	108.3	$	144.2
Net operating loss carryforwards		252.4		338.2
Self-insurance reserves		13.5		23.8
Research and experimentation and other tax credits		178.1		167.5
Pension liability		88.2		142.1
Accrued liabilities		63.4		160.7
Other		27.8		25.0
Total deferred tax assets		731.7		1,001.5
Deferred tax liabilities:
Unearned revenue		(121.1)		(190.8)
Depreciation and amortization		(135.9)		(158.6)
Acquired intangible assets		(56.0)		(121.7)
Investment in subsidiaries		(109.5)		(241.2)
Total deferred tax liabilities		(422.5)		(712.3)
Valuation allowance		(197.1)		(138.4)
Net deferred tax assets	$	112.1	$	150.8

As of September 30, 2018, the Company has available unused federal, state and foreign net operating loss (NOL) carryforwards of $50.3 million, $707.0 million and $968.4 million, respectively, which expire at various dates over the next several years; the federal NOL carryforwards and some foreign NOL carryforwards never expire. In addition, as of September 30, 2018, the Company has unused federal and state research and development credits of $79.1 million and $33.4 million, respectively, foreign tax credits of $61.8 million, and California Enterprise Zone Tax Credits of $6.8 million which expire at various dates over the next several years.

As of September 30, 2018 and 2017, gross deferred tax assets were $731.7 million and $1,001.5 million, respectively. The Company has recorded a valuation allowance of $197.1 million and $138.4 million at September 30, 2018 and 2017, respectively, primarily related to foreign tax credits, state and foreign net operating loss carryforwards and credits and deferred tax assets related to certain pension obligations (primarily in the United Kingdom and Canada). The Company has performed an assessment of positive and negative evidence, including the nature, frequency, and severity of cumulative financial reporting losses in recent years, the future reversal of existing temporary differences, predictability of future taxable income exclusive of reversing temporary differences of the character necessary to realize the asset, relevant carryforward periods, taxable income in carry-back years if carry-back is permitted under tax law, and prudent and feasible tax planning strategies that would be implemented, if necessary, to protect against the loss of the deferred tax asset that would otherwise expire. Although realization is not assured, based on the Company’s assessment, the Company has concluded that it is more likely than not that the remaining gross deferred tax asset (exclusive of deferred tax liabilities) of $534.6 million will be realized and, as such, no additional valuation allowance has been provided. The net increase in the valuation allowance of $58.7 million is primarily attributable to changes in valuation allowances of $36.3 million for foreign tax credits and increases in valuation allowances for unbenefitable losses, partially offset by the release of $13.1 million of valuation allowances for Canada and the utilization of $7.7 million of foreign net operating loss carryforwards in the current year.

Generally, the Company does not provide for U.S. taxes or foreign withholding taxes on gross book-tax differences in its non-U.S. subsidiaries because such basis differences of approximately $1.7 billion are able to and intended to be reinvested indefinitely. As of September 30, 2018, the Company has not completed its assessment of the Tax Act on its plans to indefinitely reinvest foreign earnings and as such has not changed its prior conclusion that the earnings are indefinitely reinvested. If these basis differences were distributed, foreign tax credits could become available under current law to partially or fully reduce the resulting U.S. income tax liability. There may also be additional U.S. or foreign income tax liability upon repatriation, although the calculation of such additional taxes is not practicable.

During the first quarter of 2017, the Company adopted a new accounting standard that amended certain aspects of the accounting for employee share-based payments and as a result recorded an adjustment of $3.8 million to equity to recognize net operating loss carryforwards attributable to excess tax benefits on stock compensation that had not been previously recognized to additional paid in capital.

As of September 30, 2018 and 2017, the Company had a liability for unrecognized tax benefits, including potential interest and penalties, net of related tax benefit, totaling $71.9 million and $109.5 million, respectively. The gross unrecognized tax benefits as of September 30, 2018 and 2017 were $60.0 million and $102.1 million, respectively, excluding interest, penalties, and related tax benefit. Of the $60.0 million, approximately $42.4 million would be included in the effective tax rate if recognized. A reconciliation of the beginning and ending amount of gross unrecognized tax benefits is as follows:


	Fiscal Year Ended
	September 30,		September 30,
	2018		2017
	(in millions)
Balance at the beginning of the year	$	102.1	$	87.9
Gross increase in current period’s tax positions		4.0		10.8
Gross increase in prior years’ tax positions		2.2		5.3
Gross decrease in prior years’ tax positions		(14.4)		—
Decrease due to settlement with tax authorities		(31.9)		(1.0)
Decrease due to lapse of statute of limitations		(1.7)		(1.1)
Gross change due to foreign exchange fluctuations		(0.3)		0.2
Balance at the end of the year	$	60.0	$	102.1

The Company classifies interest and penalties related to uncertain tax positions within the income tax expense line in the accompanying consolidated statements of operations. As of September 30, 2018, the accrued interest and penalties were $15.5 million and $4.1 million, respectively, excluding any related income tax benefits. At September 30, 2017, the accrued interest and penalties were $15.1 million and $4.1 million, respectively, excluding any related income tax benefits.

The Company files income tax returns in numerous tax jurisdictions, including the U.S., and numerous U.S. states and non-U.S. jurisdictions around the world. The statute of limitations varies by jurisdiction in which the Company operates. Because of the number of jurisdictions in which the Company files tax returns, in any given year the statute of limitations in certain jurisdictions may expire without examination within the 12-month period from the balance sheet date.

While it is reasonably possible that the total amounts of unrecognized tax benefits could significantly increase or decrease within the next twelve months, an estimate of the range of possible change cannot be made.