Income Taxes

12 Months Ended

Dec. 31, 2020

The Company is subject to U.S. federal income taxes and income taxes in numerous U.S. states. In addition, the Company is subject to income tax in the U.K. and Brazil relative to its foreign subsidiaries. Income (loss) before income taxes by geographic area was as follows (in millions):


	Years Ended December 31,
	2020		2019		2018
Domestic	$	366.6	$	227.9	$	192.1
Foreign	3.7		(0.6)		13.3
Total income (loss) before income taxes	$	370.3	$	227.3	$	205.4

Federal, state and foreign income tax (benefits) provisions were as follows (in millions):


	Years Ended December 31,
	2020		2019		2018
Federal:
Current	$	70.8	$	30.9	$	35.9
Deferred	5.4		16.5		2.6
State:
Current	7.0		3.8		4.3
Deferred	(1.3)		4.0		0.9
Foreign:
Current	7.0		2.3		3.9
Deferred	(5.1)		(4.3)		—
(Benefit) provision for income taxes	$	83.8	$	53.3	$	47.6

Actual income tax expense differed from income tax expense computed by applying the applicable U.S. federal statutory corporate tax rate of 21.0% to income before income taxes, as follows (in millions):


	Years Ended December 31,
	2020		2019		2018
Provision at the U.S. federal statutory rate	$	77.7	$	47.7	$	43.1
Increase (decrease) resulting from:
State income tax, net of benefit for federal deduction	5.8		5.2		3.6
Foreign income tax rate differential	(1.4)		0.9		(0.3)
Tax Credits	(0.3)		(1.1)		(1.3)
Changes in valuation allowances	2.3		(1.7)		3.4



Tax Act — Enactment date effect	—		—		(0.6)
Stock-based compensation	(0.8)		—		(0.1)
Uncertain tax benefits	(0.3)		0.7		0.4
Other	0.8		1.6		(0.7)
(Benefit) provision for income taxes	$	83.8	$	53.3	$	47.6

For the year ended December 31, 2020, the Company recorded a tax provision of $83.8 million. The Company recognizes the tax on global intangible low-taxed income (“GILTI”) as a period expense in the period the tax is incurred. Under this policy, the Company has not provided deferred taxes related to temporary differences that upon their reversal will affect the amount of income subject to GILTI in the period. For the year ended December 31, 2020, the Company estimated it has no GILTI tax liability.

The Company’s 2020 effective income tax rate was more than the U.S. federal statutory rate of 21.0%, due primarily to: (1) the taxes provided for in U.S. state jurisdictions; and (2) increased valuation allowances provided for goodwill in Brazil; partially offset by: (1) Brazil losses benefited at a higher tax rate than the U.S. rate, and (2) excess tax deductions for stock based compensation. As a result of these items recorded in 2020 compared to the 2019 items discussed below, the effective tax rate for the year ended December 31, 2020 decreased to 22.6%, as compared to 23.4% for the year ended December 31, 2019.

The Company's 2019 effective income tax rate was more than the U.S. federal statutory rate of 21.0%, due primarily to: (1) the taxes provided for in U.S. state jurisdictions; and (2) valuation allowances provided for net operating losses and other deferred tax assets in certain U.S. states, partially offset by: (1) reduced valuation allowances provided for net operating losses in Brazil; and (2) tax credits. As a result of these items recorded in 2019 compared to the 2018 items discussed below, the effective tax rate for the year ended December 31, 2019 increased to 23.4%, as compared to 23.2% for the year ended December 31, 2018.

The Company's 2018 effective income tax rate was more than the U.S. federal statutory rate of 21.0%, due primarily to: (1) the taxes provided for in U.S. state jurisdictions; and (2) valuation allowances provided for net operating losses and other deferred tax assets in certain U.S. states and in Brazil, partially offset by: (1) income generated in the U.K., which is taxed at a 19.0% statutory rate; (2) employment tax credits; and (3) the enactment date adjustments from the Tax Act. As a result of these items recorded in 2018 compared to the 2017 items discussed below, the effective tax rate for the year ended December 31, 2018 was 23.2%.

Deferred income tax provisions resulted from temporary differences in the recognition of income and expenses for financial reporting purposes and for tax purposes. The tax effects of these temporary differences representing deferred tax assets/liabilities resulted principally from the following (in millions):


	December 31,
	2020		2019
Deferred tax assets:
Loss reserves and accruals	$	52.9	$	42.8
Interest rate swaps	10.0		1.3

U.S. state net operating loss (“NOL”) carryforwards	34.5		38.2

Foreign NOL carryforwards	28.9		37.6
Operating lease liabilities	56.9		55.5
Goodwill and intangible franchise rights	2.6		—
Other	2.2		1.5
Deferred tax assets	188.0		176.9
Less: valuation allowance on deferred tax assets	60.5		69.7
Net deferred tax assets	$	127.5	$	107.2
Deferred tax liabilities:
Goodwill and intangible franchise rights	$	142.0	$	135.1
Depreciation expense	71.1		68.0


Operating lease ROU assets	45.0		45.4
Other	2.0		—
Deferred tax liabilities	260.1		248.5
Net deferred tax liability	$	132.6	$	141.3

The classification of the Company’s net deferred tax liability within the Consolidated Balance Sheets is as follows (in millions):


	December 31,
	2020		2019
Deferred tax asset, included in Other long-term assets	$	8.4	$	4.4
Deferred tax liability, included in Deferred income taxes	141.0		145.7
Net deferred tax liability	$	132.6	$	141.3

As of December 31, 2020, the Company had state pre-tax NOL carryforwards in the U.S. of $564.8 million that will expire between 2020 and 2039, and foreign pre-tax NOL carryforwards of $85.1 million that may be carried forward indefinitely. To the extent that the Company expects that net income will not be sufficient to realize these NOLs in certain jurisdictions, a valuation allowance has been established.

The Company believes it is more-likely-than-not that its deferred tax assets, net of valuation allowances provided, will be realized, based primarily on its expectation of future taxable income, considering future reversals of existing taxable temporary differences.

As of December 31, 2020, the Company had two controlled foreign corporations that own its foreign operations (the “Foreign Subsidiaries”). The Company has not provided for U.S. deferred taxes on the outside basis differences of its Foreign Subsidiaries, as the Company has taken the position that its investment in the Foreign Subsidiaries will be permanently reinvested outside the U.S. The book basis for one of the Company’s Foreign Subsidiaries that consists of the Company’s U.K. operations exceeded the tax basis by approximately $13.1 million, as of December 31, 2020. If a taxable event resulting in the recognition of these outside basis differences occurred, the resulting tax would not be material.

Based on the statutes of limitations in the applicable jurisdiction in which the Company operates, the Company is generally no longer subject to examinations by U.S. tax authorities in years prior to 2016, by U.K. tax authorities in years prior to 2016 and by Brazil tax authorities in years prior to 2015.

A reconciliation of the Company’s unrecognized tax benefits is as follows (in millions):


	2020		2019		2018
Balance at January 1	$	2.4	$	1.6	$	1.2
Additions for current tax	0.5		1.0		0.6
Additions based on tax positions in prior years	—		—		—
Reductions for tax positions	(0.4)		—		—
Settlements with tax authorities	—		—		—
Reductions due to lapse of statutes of limitations	(0.5)		(0.2)		(0.1)
Balance at December 31	$	2.0	$	2.4	$	1.6

Included in the balance of unrecognized tax benefits as of December 31, 2020, 2019 and 2018, are $1.7 million, $2.1 million and $1.4 million, respectively, of tax benefits that would affect the effective tax rate if recognized.

For the years ended December 31, 2020, 2019 and 2018 the Company recorded approximately $0.3 million, $0.3 million, $0.2 million, respectively, of interest and penalty related to its uncertain tax positions. Consistent with prior practice, the Company recognizes interest and penalties related to uncertain tax positions in income tax expense in the Consolidated Statements of Operations.