In preparing our Consolidated Financial Statements, we utilize the asset and liability approach in accounting for income taxes. We recognize income taxes in each of the jurisdictions in which we have a presence. For each jurisdiction, we estimate the actual amount of income taxes currently payable or receivable, as well as deferred income tax assets and liabilities attributable to temporary differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases. Deferred income tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which these temporary differences are expected to be recovered or settled. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.

The provision for income taxes for 2022, 2021 and 2020, consisted of the following:


	Years Ended December 31,
(in millions)	2022		2021		2020
Current:
Federal	$	62.7	$	(12.7)	$	(22.0)
State	51.9		5.6		1.3
Non-U.S.	770.4		386.9		114.4
Total current	885.0		379.8		93.7
Noncurrent:
Federal	$	0.2	$	—	$	—
State	—		—		—
Non-U.S.	(0.7)		110.0		3.2
Total noncurrent	(0.5)		110.0		3.2
Deferred:
Federal	$	215.4	$	141.9	$	(66.7)
State	31.0		21.4		(12.9)
Non-U.S.	93.4		(55.4)		(595.8)
Total deferred	339.8		107.9		(675.4)
Provision for (benefit from) income taxes	$	1,224.3	$	597.7	$	(578.5)

The components of earnings from consolidated companies before income taxes, and the effects of significant adjustments to tax computed at the federal statutory rate, were as follows:


	Years Ended December 31,
(in millions)	2022			2021			2020
U.S. earnings (loss)	$	1,587.8		$	900.1		$	(449.0)
Non-U.S. earnings	3,054.7			1,324.7			629.9
Earnings (loss) from consolidated companies before income taxes	$	4,642.5		$	2,224.8		$	180.9
Computed tax at the U.S. federal statutory rate	21.0		%	21.0		%	21.0		%
State and local income taxes, net of federal income tax benefit	1.1		%	1.2		%	(7.0)		%
Percentage depletion in excess of basis	(1.8)		%	(1.1)		%	(10.3)		%
Impact of non-U.S. earnings	5.8		%	6.3		%	42.1		%
Change in valuation allowance	—		%	(0.3)		%	(330.0)		%

Non-U.S. incentives	(2.6)		%	(5.7)		%	(35.6)		%
Withholding tax	1.6		%	3.3		%	1.9		%
Other items (none in excess of 5% of computed tax)	1.3		%	2.2		%	(1.9)		%
Effective tax rate	26.4		%	26.9		%	(319.8)		%

The tax impact of our ordinary business operations is affected by the mix of earnings across jurisdictions in which we operate, by a benefit associated with depletion, by a benefit associated with non-U.S. incentives, changes in valuation allowances and by the impact of certain entities being taxed in both their foreign jurisdiction and the U.S., including foreign tax credits for various taxes incurred.

Tax expense specific to the period included a net expense of $26.2 million. The net expense relates to the following: $29.0 million related to true-up of estimates primarily related to our U.S. tax return, $4.8 million related to changes to valuation allowances in Brazil, $4.0 million related to interest of effectively settled unrecognized tax benefits and $1.2 million of other miscellaneous costs. The tax expenses are partially offset by a net tax benefit related to $12.8 million of RSUs vested in CY22 above grant price.

Tax expense specific to the period included a net benefit of $0.6 million. The net expense relates to the following: $23.9 million related to true-up of estimates primarily related to our U.S. tax return and $20.4 million related to an increase in non-U.S. reserves. The tax expenses are partially offset by net tax benefits related to $43.7 million of Esterhazy mine closure costs and $1.2 million related to a benefit for withholding taxes related to undistributed earnings and other miscellaneous tax expenses.

The tax impact of our ordinary business operations is affected by the mix of earnings across jurisdictions in which we operate by a benefit associated with depletion, by a benefit associated with non-U.S. incentives, changes in valuation allowances and by the impact of certain entities being taxed in both their foreign jurisdiction and the U.S., including foreign tax credits for various taxes incurred.

Tax expense specific to the period included a net benefit of $609.0 million. The net benefit relates to the following: $582.6 million for changes to valuation allowances in the U.S. and foreign jurisdictions, $23.6 million related to certain provisions of the CARES Act, $5.5 million related to release of the sequestration on AMT and miscellaneous tax expense of $2.7 million. The change to the valuation allowance in Brazil is related to the Acquired Business. As of December 31, 2020, the Acquired Business has achieved cumulative income and therefore we were able to rely on future forecasts of taxable income which support realization of its deferred tax assets.

Significant components of our deferred tax liabilities and assets as of December 31 were as follows:


	December 31,
(in millions)	2022		2021
Deferred tax liabilities:
Depreciation and amortization	$	430.5	$	456.2
Depletion	613.5		430.1
Partnership tax basis differences	59.3		66.3

Other liabilities	37.6		39.1
Total deferred tax liabilities	$	1,140.9	$	991.7
Deferred tax assets:

Capital loss carryforwards	3.6		—
Foreign tax credit carryforwards	736.7		775.1
Net operating loss carryforwards	255.8		232.3
Pension plans and other benefits	14.3		19.8
Asset retirement obligations	369.4		337.3
Disallowed interest expense under §163(j)	—		31.6
Other assets	413.2		351.2
Subtotal	1,793.0		1,747.3
Valuation allowance	909.9		774.7
Net deferred tax assets	883.1		972.6
Net deferred tax liabilities	$	257.8	$	19.1

We have certain non-U.S. entities that are taxed in both their local jurisdiction and the U.S. As a result, we have deferred tax balances for both jurisdictions. As of December 31, 2022 and 2021, these non-U.S. deferred taxes are offset by approximately $202.2 million and $185.1 million, respectively, of anticipated foreign tax credits included within our depreciation and depletion components of deferred tax liabilities above. We have recorded a valuation allowance against the anticipated foreign tax credits of $202.2 million and $229.6 million for December 31, 2022 and 2021, respectively.

As of December 31, 2022, we had estimated carryforwards for tax purposes as follows: net operating losses of $1.0 billion, capital losses of $17.1 million, foreign tax credits of $736.7 million and $5.3 million of non-U.S. business credits. These carryforward benefits may be subject to limitations imposed by the Internal Revenue Code, and in certain cases, provisions of foreign law. Approximately $518.6 million of our net operating loss carryforwards relate to Brazil and can be carried forward indefinitely but are limited to 30 percent of taxable income each year. The majority of the remaining net operating loss carryforwards relate to U.S. federal and certain U.S. states and can be carried forward indefinitely. Of the $736.7 million of

foreign tax credits, approximately $218.1 million have an expiration date of 2026, approximately $19.6 million have an expiration date of 2029, and approximately $14.7 million have an expiration date of 2030. The realization of our foreign tax credit carryforwards is dependent on market conditions, tax law changes, and other business outcomes including our ability to generate certain types of taxable income in the future. Due to current business operations and future forecasts, the Company has determined that no valuation allowance is required on its general basket foreign tax credits. As a result of changes in U.S. tax law due to the Tax Cuts and Jobs Act, the Company recorded valuation allowances against its branch basket foreign tax credits of $473.2 million as of December 31, 2022.

As of December 31, 2022, we have not recognized a deferred tax liability for un-remitted earnings of approximately $4.3 billion from certain foreign operations because we believe our subsidiaries have invested the undistributed earnings indefinitely, or the earnings will be remitted in a tax-neutral transaction. It is not practicable for us to determine the amount of unrecognized deferred tax liability on these reinvested earnings. As part of the accounting for the Tax Cuts and Jobs Act, we recorded local country withholding taxes related to certain entities from which we began repatriating undistributed earnings and will continue to record local country withholding taxes, including foreign exchange impacts, on all future earnings.

In assessing the need for a valuation allowance, we consider whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. We evaluate our ability to realize the tax benefits associated with deferred tax assets by analyzing the relative impact of all the available positive and negative evidence regarding our forecasted taxable income using both historical and projected future operating results, the reversal of existing taxable temporary differences, taxable income in prior carry-back years (if permitted) and the availability of tax planning strategies. The ultimate realization of deferred tax assets is dependent upon the generation of certain types of future taxable income during the periods in which those temporary differences become deductible. In making this assessment, we consider the scheduled reversal of deferred tax liabilities, our ability to carry back the deferred tax asset, projected future taxable income, and tax planning strategies. A valuation allowance will be recorded in each jurisdiction in which a deferred income tax asset is recorded when it is more likely than not that the deferred income tax asset will not be realized. Changes in deferred tax asset valuation allowances typically impact income tax expense.

For the year ended December 31, 2022, the valuation allowance increased by $135.2 million, of which a $83.6 million increase related to changes in the valuation allowance to U.S. branch foreign tax credits, a $13.2 million increase related to changes in valuation allowances and currency translation in Brazil, and $46.8 million changes in valuation allowances in other foreign jurisdictions. These increases to the valuation allowance were partially offset by a decrease of $1.5 million to net operating losses for certain U.S. states, and $7.0 million changes in valuation allowances in other foreign jurisdictions.

For the year ended December 31, 2021, the valuation allowance increased by $91.7 million, of which a $111.2 million increase related to changes in the valuation allowance to U.S. branch foreign tax credits. These increases to the valuation allowance were partially offset by a decrease of $13.9 million related to changes in valuation allowances and currency translation in Brazil, $2.4 million decrease to net operating losses for certain U.S. states, and $3.4 million changes in valuation allowances in other foreign jurisdictions.

For the year ended December 31, 2020, the valuation allowance decreased by $774.1 million, of which a $763.5 million decrease related to changes in valuation allowances and currency translation in Brazil, $3.5 million related to net operating losses for certain U.S. states and $32.2 million related to our conclusion that we are more likely than not to use attributes at other foreign jurisdictions. These decreases to the valuation allowance were partially offset by the following increases: $24.1 million increase related to U.S. branch foreign tax credits and $0.9 million related to net operating losses in Peru.


	Years Ended December 31,
(in millions)	2022		2021		2020
Income tax valuation allowance, related to deferred income taxes
Balance at beginning of period	$	774.7	$	683.0	$	1,457.1
Charges or (reductions) to costs and expenses	135.2		91.7		(774.1)
Balance at end of period	$	909.9	$	774.7	$	683.0

Accounting for uncertain income tax positions is determined by prescribing a minimum probability threshold that a tax position must meet before a financial statement benefit is recognized. This minimum threshold is that a tax position is more likely than not to be sustained upon examination by the applicable taxing authority, including resolution of any related appeals or litigation processes, based on the technical merits of the position. The tax benefit to be recognized is measured as the largest amount of benefit that is greater than a fifty percent likelihood of being realized upon ultimate settlement.

As of December 31, 2022, we had $25.2 million of gross uncertain tax positions. If recognized, the benefit to our effective tax rate in future periods would be approximately $25.2 million of that amount. During 2022, we recorded net decreases in our uncertain tax positions of $99.4 million related to certain U.S. and non-U.S. tax matters, of which $3.0 million impacted the effective tax rate. This increase was offset by items not included in gross uncertain tax positions.

A summary of gross unrecognized tax benefit activity is as follows:


	Years Ended December 31,
(in millions)	2022		2021		2020
Gross unrecognized tax benefits, beginning of period	$	124.6	$	36.9	$	39.5
Gross increases:
Prior period tax positions	0.7		84.7		—
Current period tax positions	3.0		3.0		2.8
Gross decreases:
Prior period tax positions	(99.7)		—		(5.9)
Currency translation	(3.4)		—		0.5
Gross unrecognized tax benefits, end of period	$	25.2	$	124.6	$	36.9

We recognize interest and penalties related to unrecognized tax benefits as a component of our income tax expense. Interest and penalties accrued in our Consolidated Balance Sheets as of December 31, 2022 and 2021 were $5.0 million and $31.1 million, respectively, and are included in other noncurrent liabilities in the Consolidated Balance Sheets.

We operate in multiple tax jurisdictions, both within the U.S. and outside the U.S., and face audits from various tax authorities regarding transfer pricing, deductibility of certain expenses, and intercompany transactions, as well as other matters. With few exceptions, we are no longer subject to examination for tax years prior to 2013.

Mosaic is continually under audit by various tax authorities in the normal course of business. Such tax authorities may raise issues contrary to positions taken by the Company. If such positions are ultimately not sustained by the Company, this could result in material assessments to the Company. The costs related to defending, if needed, such positions on appeal or in court may be material. The Company believes that any issues considered are properly accounted for.

We are currently under audit by the Internal Revenue Service for the tax years ended December 31, 2018 and December 31, 2020. Based on the information available, we do not anticipate significant changes to our unrecognized tax benefits as a result of these examinations other than the amounts discussed above.

We are currently under audit by the Canada Revenue Agency for the tax years ended December 31, 2015 through December 31, 2018. Based on the information available, we do not anticipate significant changes to our unrecognized tax benefits as a result of these examinations other than the amounts discussed above.

On August 9, 2022, the CHIPS Act of 2022 (the “CHIPS Act”) was signed into law by President Biden creating a new advanced manufacturing investment credit under new Internal Revenue Code section 48D. On August 16, 2022, the Inflation Reduction Act (the “IRA”) was signed into law by President Biden including the following key provisions: (i) a 15 percent book minimum tax (corporate AMT) on “adjusted financial statement income” (“AFSI”) of applicable corporations; (ii) various clean energy tax incentives in the form of tax credits, some of which include transferability provisions; and (iii) a one-percent excise tax on certain corporate stock buybacks. The Company does not deem the CHIPS Act or the IRA to have a material impact on its financial statements for the year ended December 31, 2022.