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6. Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes [Text Block]
6. INCOME TAXES

The U.S. and international components of income before taxes are as follows (in millions):

 
 
Year Ended December 31,
 
 
2019
 
2018
 
2017
U.S.
 
$
1,034.0

 
$
363.4

 
$
72.8

International
 
1,227.1

 
149.3

 
25.0

Income before taxes
 
$
2,261.1

 
$
512.7

 
$
97.8



The provision for income taxes consists of the following (in millions):

 
 
Year Ended December 31,
 
 
2019
 
2018
 
2017
Current tax expense:
 
 

 
 

 
 

U.S. Federal
 
$
13.0

 
$
8.8

 
$
6.7

State
 
4.4

 
2.2

 
3.4

International
 
23.5

 
30.5

 
32.0

Current tax expense
 
40.9

 
41.5

 
42.1

Deferred tax expense (benefit):
 
 

 
 
 
 

U.S. Federal
 
409.7

 
114.0

 
(69.8
)
State
 
24.4

 
6.6

 
4.3

International
 
16.1

 
0.3

 
(19.3
)
Deferred tax expense (benefit)
 
450.2

 
120.9

 
(84.8
)
Non-current tax expense (benefit)
 
11.3

 
(15.4
)
 
18.3

Provision for (benefit from) income taxes
 
$
502.4

 
$
147.0

 
$
(24.4
)



The reconciliation between our effective tax rate on income before taxes and the statutory tax rate is as follows:

 
 
Year Ended December 31,
 
 
2019
 
2018
 
2017
U. S. statutory tax rate
 
21.0
 %
 
21.0
 %
 
35.0
 %
Impact of foreign operations
 
(9.7
)
 
(4.1
)
 
6.0

Research tax credits
 
(0.2
)
 
(0.7
)
 
(3.8
)
Nontaxable subsidies
 
(0.1
)
 
(0.2
)
 
(2.2
)
Goodwill impairment
 

 
5.6

 
1.2

Share-based compensation
 
(0.1
)
 
(1.0
)
 
(5.3
)
Nondeductible executive compensation
 
0.1

 
0.2

 
2.0

U.S. taxation of foreign income
 
10.3

 
15.5

 
2.7

Acquisition-related
 

 
(0.2
)
 
10.1

U.S. tax reform
 

 
(9.6
)
 
(71.0
)
State taxes
 
1.0

 
1.7

 
2.9

Other
 
(0.1
)
 
0.5

 
(2.6
)
Provision for (benefit from) income taxes
 
22.2
 %
 
28.7
 %
 
(25.0
)%


On December 22, 2017, the U.S. enacted comprehensive tax legislation (the “Tax Act”). The Tax Act made broad and complex changes to the U.S. tax code, including the imposition of a one-time mandatory deemed repatriation tax (“Transition Tax”) on certain earnings accumulated offshore since 1986 and the reduction of the corporate tax rate from 35% to 21% for U.S. taxable income, resulting in a one-time remeasurement of U.S. federal deferred tax assets and liabilities. In 2017, we recorded an income tax benefit of $70 million related to the Transition Tax and remeasurement of our U.S. federal deferred tax assets and liabilities. We completed our accounting for the Tax Act under Staff Accounting Bulletin No. 118, Income Tax Accounting Implications of the Tax Cuts and Jobs Act (“SAB 118”) in 2018, which resulted in an additional income tax benefit of $49 million.

Our effective income tax rate was 22.2%, 28.7% and (25.0)% in 2019, 2018 and 2017, respectively. The effective tax rate for 2018 was driven by detriments due to non-deductible impairment charges and the taxation of our foreign operations, partially offset by a $49 million benefit recorded as a result of the completion of our accounting for the Tax Act under SAB 118. The effective tax rate for 2017 was driven by a $70 million benefit recorded as a provisional estimate of the accounting for the Tax Act.

Many jurisdictions in which we operate have statutory tax rates that differ from the U.S. statutory tax rate of 21%. Our effective tax rate is impacted, either favorably or unfavorably, by many factors including, but not limited to the jurisdictional mix of income before tax, changes to statutory tax rates, changes in tax laws or regulations, tax audits and settlements, and generation of tax credits.

Deferred tax assets and liabilities reflect the tax effects of losses, credits, and temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.  Significant components of deferred tax assets and liabilities are as follows (in millions):

 
 
December 31,
 
 
2019
 
2018
Deferred tax assets:
 
 

 
 

Bad debt, inventory and warranty accruals
 
$
23.9

 
$
21.7

Other post-employment benefits, vacation and other reserves
 
23.0

 
23.0

Tax credit and net operating loss carryforwards
 
83.7

 
75.3

Lease obligations
 
48.6

 

Other
 
26.0

 
27.1

    Total gross deferred tax assets
 
205.2

 
147.1

Valuation allowance
 
(67.2
)
 
(70.8
)
       Total deferred tax assets
 
138.0

 
76.3

Deferred tax liabilities:
 
 
 
 
Property and equipment
 
38.4

 
40.1

Lease assets
 
46.4

 

Investments and intangible assets
 
1,001.4

 
540.6

        Total deferred tax liabilities
 
1,086.2

 
580.7

Net deferred tax liabilities
 
$
(948.2
)
 
$
(504.4
)


The realization of deferred tax assets is dependent upon the generation of sufficient taxable income of the appropriate character in future periods. We regularly assess our ability to realize our deferred tax assets and establish a valuation allowance if it is more likely than not that some portion, or all, of our deferred tax assets will not be realized. In assessing the realizability of our deferred tax assets, we weigh all available positive and negative evidence. Due to the weight of objectively verifiable negative evidence, we believe that it is more likely than not that our California and certain foreign deferred tax assets will not be realized as of December 31, 2019, and have maintained a valuation allowance on such deferred tax assets. The valuation allowance against our deferred tax assets in California and certain foreign jurisdictions decreased by $3.6 million in 2019.

As of December 31, 2019, our foreign and California net operating loss carryforwards were approximately $239.0 million and $52.7 million, respectively. Of our foreign net operating losses, $124.7 million may be carried forward indefinitely. The majority of the remaining foreign net operating losses, if not utilized, will begin to expire in 2025. Our California net operating loss carryforwards, if not utilized, will begin to expire in 2028. As of December 31, 2019, our California research tax credit carryforwards were approximately $35.7 million and may be carried forward indefinitely.

Our income tax returns are audited by U.S. federal, state and foreign tax authorities. We are currently under examination by many of these tax authorities. The tax years open to examination include the years 2012 and forward for the U.S. and certain foreign jurisdictions including France, Germany, India and Switzerland. There are differing interpretations of tax laws and regulations, and as a result, significant disputes may arise with these tax authorities involving issues of the timing and amount of deductions and allocations of income among various tax jurisdictions. We evaluate our exposures associated with our tax filing positions on a quarterly basis.

We record liabilities for unrecognized tax benefits related to uncertain tax positions. We do not believe any currently pending uncertain tax positions will have a material adverse effect on our consolidated financial statements, although an adverse resolution of one or more of these uncertain tax positions in any period may have a material impact on the results of operations for that period.

The following is a tabular reconciliation of the total amounts of unrecognized tax benefits (in millions):
 
 
2019
 
2018
 
2017
Unrecognized tax benefits – January 1
 
$
29.8

 
$
54.9

 
$
21.1

Additions to tax positions related to prior years
 
7.6

 
0.6

 
1.3

Reductions to tax positions related to prior years
 
(0.7
)
 
(20.2
)
 
(1.0
)
Additions to tax positions related to the current year
 
3.0

 
4.6

 
34.8

Settlements
 

 
(6.8
)
 
(0.2
)
Lapse of statute of limitations
 
(0.4
)
 
(1.1
)
 
(3.4
)
Currency translation
 
(0.1
)
 
(2.2
)
 
2.3

Unrecognized tax benefits – December 31
 
$
39.2

 
$
29.8

 
$
54.9



Bio-Rad recognizes accrued interest and penalties related to unrecognized tax benefits as income tax expense. Related to the unrecognized tax benefits noted above, the cumulative amount of accrued interest and penalties as of December 31, 2019, 2018 and 2017, respectively was $11.2 million, $9.5 million and $10.9 million. Bio-Rad accrued interest and penalties of $1.7 million, $(1.4) million, and $(0.9) million in 2019, 2018, and 2017, respectively. The total unrecognized tax benefits and interest and penalties of $50.4 million in 2019 was partially offset by deferred tax assets of $1.4 million and prepaid taxes of $5.4 million, for a net amount of $43.6 million.

As of December 31, 2019, based on the expected outcome of certain examinations or as a result of the expiration of statutes of limitation for certain jurisdictions, we believe that within the next twelve months it is reasonably possible that our previously unrecognized tax benefits could decrease by approximately $2.8 million. Substantially all such amounts will impact our effective income tax rate if recognized.

It is generally our intention to repatriate certain foreign earnings to the extent that such repatriations are not restricted by local laws or accounting rules, and there are no substantial incremental costs. The determination of the amount of the unrecognized deferred tax liability for foreign earnings that are indefinitely reinvested is not practicable to estimate.