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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes
14.Income Taxes
Income before income taxes consisted of the following:
Year ended December 31,
(In thousands)202120202019
United States$194,358 $(163,014)$178,235 
Foreign9,588 (138,067)38,281 
Total$203,946 $(301,081)$216,516 
 
Income taxes from continuing operations consisted of the following for the years ended December 31:
(In thousands)United StatesState
and Local		ForeignTotal
2021
Current$37,001 $7,104 $10,824 $54,929 
Deferred$(7,374)$6,448 $13,804 $12,878 
Income taxes$67,807 
2020
Current$(7,546)$2,509 $13,782 $8,745 
Deferred$(22,568)$(4,943)$(1,831)$(29,342)
Income taxes$(20,597)
2019
Current$20,748 $4,486 $16,322 $41,556 
Deferred$19,946 $3,831 $(4,110)$19,667 
Income taxes$61,223 
     
Undistributed earnings of certain foreign subsidiaries of the Company amounted to $133.0 million at December 31, 2021. The Company continues to maintain its indefinite reinvestment assertion for its investments in foreign subsidiaries except for any historical undistributed earnings and future earnings for WEX Australia. Upon distribution of the foreign subsidiaries’ earnings in which the Company continues to assert indefinite reinvestment, the Company would be subject to withholding taxes payable to foreign countries, where applicable, but would generally have no further federal income tax liability.
The reconciliation between the income tax computed by applying the U.S. federal statutory rate and the reported effective tax rate on income from continuing operations is as follows:
Year ended December 31,
(In thousands except for tax rates)202120202019
Federal statutory rate21.0 %21.0 %21.0 %
State income taxes (net of federal income tax benefit)2.9 1.6 1.4 
Foreign income tax rate differential1.3 3.3 0.8 
Revaluation of deferred tax assets for foreign and state tax rate changes, net0.3 (1.9)(1.0)
Loss on sale of subsidiary— (2.3)— 
Legal settlement— (5.1)— 
Purchase accounting adjustments1
— 4.3 — 
Tax credits(6.2)— (0.5)
Tax reserves0.5 (0.1)0.8 
Withholding taxes— (0.1)0.7 
Change in valuation allowance16.1 (13.5)3.1 
Nondeductible expenses3.2 (1.6)2.3 
Incremental tax benefit from share-based compensation awards(5.7)0.2 (2.0)
GILTI— — 0.5 
Other(0.2)1.0 1.2 
Effective tax rate33.2 %6.8 %28.3 %

1 Purchase accounting adjustments in 2020 relate to the additional tax basis and attributes for Discovery Benefits and Noventis recognized in the income tax benefit as the respective measurement periods had ended.

The Company recorded an income tax benefit for 2020 as compared to an income tax provision for 2021 and 2019.

The Company’s effective tax rate for the year ended December 31, 2021 was impacted by the establishment of valuation allowances pertaining primarily to deferred tax assets for eNett and Optal and foreign tax credits.

The Company's effective tax rate for the year ended December 31, 2020 was impacted by no income tax benefit being recorded for i) operating losses generated by WEX Latin America during 2020 through the date of sale, ii) the loss on sale of WEX Latin America, and iii) the legal settlement. These losses were determined to be either non-deductible for income tax purposes or required a valuation allowance. A portion of the legal settlement resulted in a foreign capital loss, which the Company concluded was not more likely than not to be realized and accordingly recorded a full valuation allowance against it. The remaining portion of the legal settlement was determined to be non-deductible for income tax purposes.
The tax effects of temporary differences in the recognition of income and expense for tax and financial reporting purposes that give rise to significant portions of the deferred tax assets and liabilities are presented below:
December 31,
(In thousands)20212020
Deferred tax assets related to:
Reserve for credit losses$14,355 $14,484 
Tax credit carryforwards12,480 1,371 
Stock-based compensation, net23,337 21,376 
Net operating loss carry forwards52,820 45,612 
Capital loss carry forwards26,628 28,211 
Accruals42,669 29,477 
Operating lease liabilities23,155 24,142 
Deferred financing costs4,364 — 
Contractual obligations16,891 — 
Other4,325 9,013 
Total$221,024 $173,686 
Deferred tax liabilities related to:
Deferred financing costs$— $(13,590)
Property, equipment and capitalized software(33,903)(34,232)
Intangibles(260,365)(247,361)
Operating lease assets(19,135)(20,425)
Other liabilities — (107)
Total$(313,403)$(315,715)
Valuation allowance(94,951)(60,569)
Deferred income taxes, net$(187,330)$(202,598)
Net deferred tax (liabilities) assets by jurisdiction are as follows:
December 31,
(In thousands)20212020
United States$(187,978)$(201,739)
Australia1,290 4,009 
Europe4,151 14,839 
Singapore(4,978)(19,863)
Other185 156 
Deferred income taxes, net$(187,330)$(202,598)

The Company had approximately $488.3 million and $511.5 million of post apportionment state net operating loss carryforwards, respectively. The Company’s foreign net operating loss carryforwards were approximately $104.7 million and $76.4 million at December 31, 2021 and 2020, respectively. The Company had no federal net operating loss carryforwards at December 31, 2021 and approximately $19.8 million at December 31, 2020. The U.S. state losses expire at various times through 2041. Foreign losses in Australia and the United Kingdom have indefinite carryforward periods. During the year ended December 31, 2021, the Company elected to claim foreign tax credits for U.S. Federal income tax purposes beginning with tax year 2015. Accordingly, a deferred tax asset of $10.5 million with a corresponding valuation allowance of $8.5 million was recorded related to these additional foreign tax credits.

At December 31, 2021, the Company’s valuation allowance primarily pertains to i) net deferred tax assets for eNett and Optal, certain entities operating in the United Kingdom and certain states, ii) foreign capital losses arising from a portion of the legal settlement and iii) U.S. foreign tax credits. In each case, the Company has determined it is not more likely than not that the benefits will be utilized. During 2021, 2020 and 2019, the Company recorded tax expense of $32.7 million, $40.6 million and $6.7 million, respectively, for net increases to the valuation allowance.

The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense. The total amounts of interest and penalties were not material for the years ended December 31, 2021, 2020 and 2019, and as of December 31, 2021 and 2020, the Company had no material amounts accrued for interest and penalties related to unrecognized tax benefits.
A reconciliation of the beginning and ending amount of gross unrecognized tax benefits excluding interest and penalties is as follows:
Year ended December 31,
(In thousands)202120202019
Beginning balance$4,133 $10,320 $8,996 
Increases related to prior year tax positions830 — 1,727 
Decreases related to prior year tax positions— (826)(39)
Settlements— (5,361)(364)
Ending balance$4,963 $4,133 $10,320 
At December 31, 2021, the Company had $5.0 million of unrecognized tax benefits, net of federal income tax benefit, of which $4.4 million would decrease our effective tax rate if fully recognized. It is reasonably possible that the Company’s unrecognized tax benefits could be reduced by as much as $4.4 million within the next twelve months as a result of settlements of certain examinations or expiration of statutes of limitations.
The Company’s primary tax jurisdictions are the United States, Australia and the United Kingdom. The Company or one of its subsidiaries files income tax returns in the United States federal jurisdiction and various state and foreign jurisdictions, where required. In the normal course of business, the Company is no longer subject to income tax examination after the Internal Revenue Service statute of limitations of three years. The Company is currently in the appeals process with the Internal Revenue Service for the tax years 2013 through 2015. At December 31, 2021, U.S. state tax returns were no longer subject to tax examination for years prior to 2015. The tax years remaining open for income tax audits in the United Kingdom are 2018 through 2020, while the tax years open for audit in Australia are 2015 through 2020.