Income Taxes

Income from continuing operations before income taxes and the (provision for) benefit from income taxes consisted of the following:



	Year ended December 31,
	2018			2017			2016
Income (loss) from continuing operations:
United States	$	69.6		$	68.8		$	14.0
Foreign	10.0			(32.7		)	25.4
	$	79.6		$	36.1		$	39.4
(Provision for) benefit from income taxes:
Current:
United States	$	1.5		$	30.4		$	(4.3	)
Foreign	(3.2		)	(3.5		)	(4.8		)
Total current	(1.7		)	26.9			(9.1		)
Deferred and other:
United States	0.6			23.5			0.2
Foreign	(0.3		)	(2.5		)	(0.2		)
Total deferred and other	0.3			21.0			—
Total (provision) benefit	$	(1.4	)	$	47.9		$	(9.1	)

The reconciliation of income tax computed at the U.S. federal statutory tax rate to our effective income tax rate was as follows:



	Year ended December 31,
	2018		2017		2016
Tax at U.S. federal statutory rate	21.0	%	35.0	%	35.0	%
State and local taxes, net of U.S. federal benefit	2.9	%	4.4	%	5.0	%
U.S. credits and exemptions	(4.0	)%	(8.5	)%	(12.9	)%
Foreign earnings/losses taxed at different rates	(1.2	)%	(14.9	)%	(5.9	)%
Nondeductible expenses	2.6	%	2.8	%	2.2	%
Adjustments to uncertain tax positions	(8.9	)%	(9.8	)%	(1.9	)%
Changes in valuation allowance	(8.5	)%	54.4	%	17.4	%
Share-based compensation	(2.4	)%	(1.7	)%	—	%
Impairments and basis adjustments	—	%	(226.3	)%	—	%
Disposition of dry cooling business	—	%	—	%	(15.6	)%
U.S. tax reform	(0.9	)%	32.6	%	—	%
Other	1.2	%	(0.7	)%	(0.2	)%
	1.8	%	(132.7	)%	23.1	%

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



	As of December 31,
	2018			2017
Deferred tax assets:
NOL and credit carryforwards	$	147.6		$	146.0
Pension, other postretirement and postemployment benefits	37.1			41.2
Payroll and compensation	17.1			18.2
Legal, environmental and self-insurance accruals	22.7			25.3
Working capital accruals	12.4			11.5
Other	9.0			17.6
Total deferred tax assets	245.9			259.8
Valuation allowance	(89.3		)	(110.9		)
Net deferred tax assets	156.6			148.9
Deferred tax liabilities:
Intangible assets recorded in acquisitions	71.7			53.9
Basis difference in affiliates	12.2			3.7
Accelerated depreciation	25.2			28.8
Deferred income	18.9			4.9
Other	5.0			8.0
Total deferred tax liabilities	133.0			99.3
	$	23.6		$	49.6

The Tax Cuts and Jobs Act

As indicated in Note 1, on December 22, 2017, the Act was enacted which significantly changes U.S. income tax law for businesses. The Act introduced changes that impact U.S. corporate tax rates (e.g., a reduction in the top tax rate from 35% to 21%), business-related exclusions, and deductions and credits. In addition, the Act has tax consequences for many entities that operate internationally, including the timing and the amount of tax to be paid on undistributed foreign earnings.

As a result of the reduction in the federal corporate income tax rate and other legislative changes in the Act, we revalued our net U.S. federal deferred tax assets as of December 31, 2017, resulting in a provisional charge of $11.8 in the fourth quarter of 2017. During 2018, we completed our accounting of the impact of the Act and reduced the initial charge by $0.7 to revalue certain deferred tax assets. Further, we considered the transition tax required for the mandatory one-time “deemed repatriation” of foreign earnings and determined we have no liability in this regard due to deficits in certain of our foreign subsidiaries. We considered the accounting alternatives available related to the Act and determined we would account for Global Intangible Low-Taxed Income when incurred as a component of our “Income tax (provision) benefit.”

General Matters

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. We periodically assess deferred tax assets to determine if they are likely to be realized and the adequacy of deferred tax liabilities, incorporating the results of local, state, federal and foreign tax audits in our estimates and judgments.

At December 31, 2018, we had the following tax loss carryforwards available: federal, state, and foreign tax loss carryforwards of approximately $9.5, $588.2, and $270.5, respectively. We also had federal and state tax credit carryforwards of $42.6. Of these amounts, $9.4 expire in 2019 and $634.6 expire at various times between 2019 and 2036. The remaining carryforwards have no expiration date.

Realization of deferred tax assets, including those associated with net operating loss and credit carryforwards, is dependent upon generating sufficient taxable income in the appropriate tax jurisdiction. We believe that it is more likely than not that we may not realize the benefit of certain of these deferred tax assets and, accordingly, have established a valuation allowance against these deferred tax assets. Although realization is not assured for the remaining deferred tax assets, we believe it is more likely than not that the deferred tax assets will be realized through future taxable earnings or tax planning strategies. However, deferred tax assets could be reduced in the near term if our estimates of taxable income are significantly reduced or tax planning strategies are no longer viable. The valuation allowance decreased by $21.6 in 2018 and increased by $35.1 in 2017. The 2018 decrease was driven by foreign exchange rate changes and attributes that were utilized during the year.

The amount of income tax that we pay annually is dependent on various factors, including the timing of certain deductions. These deductions can vary from year to year, and, consequently, the amount of income taxes paid in future years will vary from the amounts paid in prior years.

Undistributed Foreign Earnings

In general, it is our practice and intention to reinvest the earnings of our non-U.S. subsidiaries in those operations. As of December 31, 2018, we have approximately $129.3 of undistributed earnings of our foreign subsidiaries. The majority of these earnings have already been reinvested in our overseas businesses. Further, we believe future domestic cash generation will be sufficient to meet future domestic cash needs. For this reason, we have not recorded a provision for U.S. or foreign withholding taxes on the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries that are essentially permanent in duration. Generally, such amounts become subject to U.S. taxation upon the remittance of dividends and under certain other circumstances. It is not practicable to estimate the amount of a deferred tax liability related to the undistributed earnings of our foreign subsidiaries in the event that these earnings are no longer considered to be indefinitely reinvested, due to the hypothetical nature of the calculation.

Unrecognized Tax Benefits

As of December 31, 2018, we had gross and net unrecognized tax benefits of $20.3 and $13.8, respectively. Of these net unrecognized tax benefits, $10.1 would impact our effective tax rate from continuing operations if recognized. Similarly, at December 31, 2017 and 2016, we had gross unrecognized tax benefits of $31.3 (net unrecognized tax benefits of $20.6) and $37.9 (net unrecognized tax benefits of $25.2), respectively.

We classify interest and penalties related to unrecognized tax benefits as a component of our income tax (provision) benefit. As of December 31, 2018, gross accrued interest totaled $3.8 (net accrued interest of $2.9), while the related amounts as of December 31, 2017 and 2016 were $3.9 (net accrued interest of $2.5) and $3.7 (net accrued interest of $2.4), respectively. Our income tax (provision) benefit for the years ended December 31, 2018, 2017 and 2016 included gross interest income (expense) of $0.1, $(0.2) and $1.8, respectively, resulting from adjustments to our liability for uncertain tax positions. As of December 31, 2018, 2017 and 2016, we had no accrual for penalties included in our unrecognized tax benefits.

Based on the outcome of certain examinations or as a result of the expiration of statutes of limitations for certain jurisdictions, we believe that within the next 12 months it is reasonably possible that our previously unrecognized tax benefits could decrease by up to $4.0. The previously unrecognized tax benefits relate to a variety of tax matters including transfer pricing and various state matters.

The aggregate changes in the balance of unrecognized tax benefits for the years ended December 31, 2018, 2017 and 2016 were as follows:



	Year ended December 31,
	2018			2017			2016
Unrecognized tax benefit — opening balance	$	31.3		$	37.9		$	48.8
Gross increases — tax positions in prior period	0.6			1.6			3.6
Gross decreases — tax positions in prior period	(2.4		)	(0.3		)	(9.3		)
Gross increases — tax positions in current period	0.7			0.3			0.7
Settlements	—			(1.3		)	—
Lapse of statute of limitations	(9.8		)	(7.1		)	(5.9		)
Change due to foreign currency exchange rates	(0.1		)	0.2			—
Unrecognized tax benefit — ending balance	$	20.3		$	31.3		$	37.9

Other Tax Matters

During 2018, our income tax provision was impacted most significantly by (i) the utilization of $33.0 of prior years’ losses generated in foreign jurisdictions in which no tax benefit was previously recognized, (ii) $7.0 of tax benefits related to various audit settlements, statute expirations, and other adjustments to liabilities for uncertain tax positions, and (iii) $2.2 of excess tax benefits resulting from stock-based compensation awards that vested during the year.

During 2017, our income tax benefit was impacted most significantly by (i) a tax benefit of $77.6 related to a worthless stock deduction in the U.S. associated with our investment in a South African subsidiary and (ii) $4.9 of tax benefits related to various audit settlements, statute expirations, and other adjustments to liabilities for uncertain tax positions, partially offset by (iii) $11.8 of net tax charges associated with the impact of the new U.S. tax regulations described more fully above and (iv) $68.2 of foreign losses generated during the period for which no foreign tax benefit was recognized as future realization of any such foreign tax benefit is considered unlikely

During 2016, our income tax provision was impacted most significantly by (i) the $0.3 of income taxes provided in connection with the $18.4 gain that was recorded on the sale of the dry cooling business, (ii) $13.7 of foreign losses generated during the period for which no tax benefit was recognized as future realization of any such foreign tax benefit is considered unlikely, and (iii) $2.4 of tax benefits related to various audit settlements, statute expirations, and other adjustments to liabilities for uncertain tax positions.

We perform reviews of our income tax positions on a continuous basis and accrue for potential uncertain positions when we determine that a tax position meets the criteria of the Income Taxes Topic of the Codification. Accruals for these uncertain tax positions are recorded in “Income taxes payable” and “Deferred and other income taxes” in the accompanying consolidated balance sheets based on the expectation as to the timing of when the matters will be resolved. As events change and resolutions occur, these accruals are adjusted, such as in the case of audit settlements with taxing authorities.

The Internal Revenue Service (“IRS”) currently is performing an audit of our 2014, 2015, 2016 and 2017 federal income tax returns. With regard to all open tax years, we believe any contingencies are adequately provided for.

State income tax returns generally are subject to examination for a period of three to five years after filing the respective tax returns. The impact on such tax returns of any federal changes remains subject to examination by various states for a period of up to one year after formal notification to the states. We have various state income tax returns in the process of examination. We believe any uncertain tax positions related to these examinations have been adequately provided for.

We have various foreign income tax returns under examination. The most significant of these are in Germany for the 2010 through 2014 tax years. We believe that any uncertain tax positions related to these examinations have been adequately provided for.

An unfavorable resolution of one or more of the above matters could have a material adverse effect on our results of operations or cash flows in the quarter and year in which an adjustment is recorded or the tax is due or paid. As audits and examinations are still in process, the timing of the ultimate resolution and any payments that may be required for the above matters cannot be determined at this time.