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Income Taxes Level 1 (Notes)
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block] Income Taxes
The provision or benefit for income taxes includes U.S. federal income taxes (determined on a consolidated return basis), foreign income taxes, and state income taxes.
Income before income taxes was composed of the following components:
Years Ended December 31,
202020192018
 (In thousands)
United States$633,608 $441,579 $399,123 
Foreign28,452 22,853 42,609 
 $662,060 $464,432 $441,732 
Income tax provision (benefit) consisted of the following:
Years Ended December 31,
202020192018
(In thousands)
Current:   
United States$106,632 $51,664 $18,138 
Foreign7,968 7,059 10,541 
State23,439 12,908 6,974 
Total current income taxes138,039 71,631 35,653 
Deferred:   
United States$6,339 $12,973 $(48,565)
Foreign(64)(571)386 
State1,609 10,628 6,700 
Total deferred income taxes7,884 23,030 (41,479)
Total income taxes$145,923 $94,661 $(5,826)
We made income tax payments of $138.0 million, $70.6 million, and $65.4 million in 2020, 2019, and 2018, respectively, and received refunds of $5.2 million, $4.7 million, and $11.4 million, respectively.
The differences between the U.S. federal statutory income tax rate and our effective tax rate were as follows:
Years Ended December 31,
202020192018
 (In thousands)
Computed tax provision at the applicable federal statutory income tax rate$139,031 $97,531 $92,764 
State and local taxes, net of federal income tax benefits20,711 20,081 10,146 
Foreign jurisdiction differences2,496 1,646 2,377 
Permanent differences associated with divestitures73 1,288 790 
Changes in uncertain tax positions and audit settlements100 (9,842)(88,687)
Foreign valuation allowance, net of federal income tax benefits(566)$43 $(431)
Enactment of U.S. Tax Act— — (16,105)
Excess tax benefit from share-based compensation(9,093)(13,868)(11,159)
Other(6,829)(2,218)4,479 
Provision for (benefit from) income taxes$145,923 $94,661 $(5,826)
Total consolidated effective tax rate22.0 %20.4 %(1.3)%
The lower effective tax rate for the twelve months ended December 31, 2018 was primarily due to the reduction in uncertain tax positions as a result of the expiration of statutes of limitation.
Deferred taxes are determined based on differences between the financial reporting and tax bases of assets and liabilities and are measured using the enacted tax rates. The tax effects of temporary differences and carryforwards that give rise to significant portions of deferred tax assets and liabilities consisted of the following:
Years Ended December 31,
20202019
 (In thousands)
Inventories and cemetery property$(208,707)$(212,498)
Deferred incremental direct selling costs(81,301)(76,692)
Property and equipment(161,293)(139,548)
Intangibles(201,361)(199,906)
Other(2,424)(1,893)
Deferred tax liabilities(655,086)(630,537)
Loss and tax credit carryforwards134,912 143,391 
Deferred revenue on preneed funeral and cemetery contracts117,748 113,171 
Accrued liabilities73,743 67,489 
Deferred tax assets326,403 324,051 
Less: valuation allowance(108,090)(114,331)
Net deferred income tax liability$(436,773)$(420,817)
Deferred tax assets and deferred income tax liabilities are recognized in our Consolidated Balance Sheet as follows:
Years Ended December 31,
20202019
(In thousands)
Non-current deferred tax assets - included in Deferred charges and other assets, net
$535 $665 
Non-current deferred tax liabilities - included in Deferred tax liability
(437,308)(421,482)
Net deferred income tax liability$(436,773)$(420,817)
As of December 31, 2020, foreign withholding taxes have not been provided on the estimated $298.1 million of undistributed earnings and profits (E&P) of our foreign subsidiaries as we intend to permanently reinvest these foreign E&P in those businesses outside the U.S. However, if we were to repatriate such foreign E&P, the foreign withholding tax liability is estimated to be $14.3 million.
The following table summarizes the activity related to our gross unrecognized tax benefits from January 1, 2018 to December 31, 2020 (in thousands):
 Federal, State, and Foreign Tax
 (In thousands)
Balance at December 31, 2017$79,455 
Additions to tax positions related to prior years1,348 
Reduction to tax positions due to expiration of statutes of limitation(79,455)
Balance at December 31, 2018$1,348 
Reductions to tax positions related to prior years— 
Balance at December 31, 2019$1,348 
Reductions to tax positions related to prior years— 
Balance at December 31, 2020$1,348 
Our total unrecognized tax benefits that, if recognized, would affect our effective tax rates were $1.4 million as of December 31, 2020, 2019 and 2018.
We include potential accrued interest and penalties related to unrecognized tax benefits within our income tax provision account. We have accrued $0.7 million, $0.6 million, and $0.5 million for the payment of interest, net of tax benefits, and penalties as of December 31, 2020, 2019 and 2018, respectively. We recorded an increase of interest and penalties of $0.1 million, $0.1 million and a decrease of $10.6 million for the years ended December 31, 2020, 2019 and 2018, respectively. To the extent interest and penalties are not assessed with respect to uncertain tax positions or the uncertainty of deductions in the future, amounts accrued will be reduced and reflected as a reduction of the overall income tax provision.
We file income tax returns, including tax returns for our subsidiaries, with federal, state, local, and foreign jurisdictions. We consider the United States to be our most significant jurisdiction; however, all tax returns are subject to routine compliance review by the taxing authorities in the jurisdictions in which we file tax returns in the ordinary course of business.
The federal statutes of limitations have expired for all tax years prior to 2017, and we are not currently under audit by the IRS. Various state jurisdictions are auditing years 2013 through 2018. There are currently no federal or provincial audits in Canada; however, years subsequent to 2015 remain open and could be subject to examination. We believe that it is reasonably possible that the recorded amount of gross unrecognized tax benefits may decrease by $1.4 million within the next twelve months as a result of concluding various state tax matters.
Various subsidiaries have federal, state, and foreign loss carryforwards in the aggregate of $2.5 billion with expiration dates through 2040. Such loss carryforwards will expire as follows:
FederalStateForeignTotal
 (In thousands)
2021$— $159,554 $— $159,554 
2022— 77,737 — 77,737 
2023— 226,906 151 227,057 
2024— 172,593 578 173,171 
Thereafter135 1,832,849 11,702 1,844,686 
Total$135 $2,469,639 $12,431 $2,482,205 
In assessing the usefulness of deferred tax assets, we consider whether it is more likely than not that some portion or all of the net deferred tax assets will not be realized. The ultimate realization of net deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. During 2020, we recorded a net $5.9 million decrease in our state valuation allowance and a net $0.3 million decrease in our foreign valuation allowance resulting primarily from increased activity in various states and Puerto Rico. The valuation allowances can be affected in future periods by changes to tax laws, changes to statutory tax rates, and changes in estimates of future taxable income.
At December 31, 2020, our loss and tax credit carryforward deferred tax assets and related valuation allowances by jurisdiction are as follows (presented net of federal benefit):
FederalState ForeignTotal
  (In thousands) 
Loss and tax credit carryforwards$28 $128,024 $6,860 $134,912 
Valuation allowance$— $88,056 $20,034 $108,090