XML 38 R21.htm IDEA: XBRL DOCUMENT v3.22.4
INCOME TAXES
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
The current and deferred components of the income tax (benefit) provision included in the Consolidated Statements of Operations are as follows:
 
Year Ended December 31,
202220212020
Current:
Cayman Islands$ $— $— 
United States:
Federal522 $1,850 $(114)
State and local1,687 $760 $— 
Non-U.S.443 $(11)$537 
Total current provision2,652 $2,599 $423 
Deferred:
Cayman Islands $— $— 
United States:
Federal1,305 $126 $(474)
State and local242 $122 $(142)
Non-U.S.1,101 $279 $(4,150)
Total deferred (benefit) provision2,648 $527 $(4,766)
Provision for (benefit from) income taxes:
Continuing operations5,300 $3,126 $(4,343)
Discontinued operations8,227 $(4,183)$(1,562)
Total13,527 $(1,057)$(5,905)

The Company is an exempted entity domiciled in the Cayman Islands where income taxes are not imposed. The Company is considered a Passive Foreign Investment Company for U.S. income tax purposes and certain income taxes are imposed on our owners. Taxable income or loss generated by our corporate subsidiaries is subject to U.S. federal, state and foreign corporate income tax in locations where they conduct business.
The difference between our reported total provision for income taxes and the Cayman Islands statutory rate of 0% is as follows:
 
Year Ended December 31,
202220212020
Income subject to tax in the United States(6.9)%(7.2)%0.3 %
Foreign taxes13.5 %(8.7)%3.2 %
Change in valuation allowance (11.6)%8.0 %6.5 %
Provision for income taxes(5.0)%(7.9)%10.0 %

Significant components of our deferred tax assets and liabilities are as follows:
December 31,
20222021
Deferred tax assets:
Net operating loss carryforwards$43,116 $27,154 
Interest expense2,754 1,530 
Investment in Partnerships963 1,519 
Other272 320 
Total deferred tax assets47,105 30,523 
Less valuation allowance(27,565)(9,142)
Net deferred tax assets19,540 21,381 
Deferred tax liabilities:
Fixed assets (22,794)(20,072)
Net deferred tax liabilities$(3,254)$1,309 

Deferred tax assets and liabilities are reported net in Other assets or Other liabilities in the Consolidated Balance Sheets. In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which temporary differences become deductible. We have analyzed our deferred tax assets and have determined, based on the weight of available evidence, that it is more likely than not that a significant portion will not be realized. Accordingly, valuation allowances have been recognized as of December 31, 2022, 2021 and 2020 of $27.6 million, $9.1 million and $6.8 million, respectively, related to certain deductible temporary differences and net operating loss carryforwards.
A summary of the changes in the valuation allowance is as follows:
December 31,
202220212020
Valuation allowance at beginning of period$9,142 $6,794 $2,603 
Change due to current year losses22,094 2,356 4,191 
Change due to current year releases(3,671)(8)— 
Valuation allowance at end of period$27,565 $9,142 $6,794 

As of December 31, 2022, certain of our corporate subsidiaries had U.S. federal net operating loss carryforwards of approximately $39.3 million that are available to offset future taxable income. If not utilized, $0.6 million of these carryforwards will begin to expire in the year 2037, with $38.7 million of these carryforwards having no expiration date. As of December 31, 2022, we also had net operating loss carryforwards for Irish income tax purposes of $250.1 million, which can be carried forward indefinitely against future business income, $1.3 million of net operating loss carryforwards for Malaysian income tax purposes, which will begin to expire in the year 2027, and $5.4 million of net operating loss carryforward for Australian income tax purpose, which can be carried forward indefinitely against the future business income. The utilization of the net operating loss carryforwards to reduce future income taxes will depend on the relevant corporate subsidiary's ability to generate sufficient taxable income prior to the expiration of the carryforward period, if any. In addition, the maximum annual use of net operating loss carryforwards may be limited after certain changes in share ownership.
As of and for the period ended December 31, 2022, we had not established a liability for uncertain tax positions as no such positions existed. In general, our tax returns and the tax returns of our corporate subsidiaries are subject to U.S. federal, state, local and foreign income tax examinations by tax authorities. Generally, we are not subject to examination by taxing authorities for tax years prior to 2019. We do not believe that it is reasonably possible that the total amount of unrecognized tax benefits will significantly change within 12 months of the reporting date.