INCOME TAXES

U.S. and foreign income from operations before income taxes are as follows (in thousands):



	December 31, 2016		January 2, 2016		January 3, 2015
United States	$	48,869	$	50,473	$	58,972
Foreign	73,670		48,307		22,480
Income from operations before income taxes	$	122,539	$	98,780	$	81,452

Income tax expense attributable to income from continuing operations before income taxes consists of the following (in thousands):



	December 31, 2016			January 2, 2016			January 3, 2015
Current:
Federal	$	65		$	(21,775	)	$	1,134
State	(332		)	411			(884		)
Foreign	27,992			29,871			24,770
Total current	27,725			8,507			25,020
Deferred:
Federal	(8,056		)	13,057			886
State	(649		)	(1,521		)	1,235
Foreign	(3,705		)	(6,542		)	(14,000		)
Total deferred	(12,410		)	4,994			(11,879		)
	$	15,315		$	13,501		$	13,141

Income tax expense for the years ended December 31, 2016, January 2, 2016 and January 3, 2015, differed from the amount computed by applying the statutory U.S. federal income tax rate to income from continuing operations before income taxes as a result of the following (in thousands):



	December 31, 2016			January 2, 2016			January 3, 2015
Computed "expected" tax expense	$	42,888		$	34,573		$	28,508
Change in valuation allowance	1,039			4,421			5,420
Deferred tax on unremitted foreign earnings	2,546			4,848			1,956
Sub-Part F income	6,159			4,923			3,786
Foreign rate differential	(9,982		)	(5,653		)	(9,754		)
Biofuel tax incentives	(28,435		)	(28,143		)	(22,546		)
Non-deductible transaction costs	—			—			4,107
Other, net	1,100			(1,468		)	1,664
	$	15,315		$	13,501		$	13,141

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at December 31, 2016 and January 2, 2016 are presented below (in thousands):



	December 31, 2016			January 2, 2016
Deferred tax assets:
Loss contingency reserves	$	11,998		$	11,961
Employee benefits	9,586			9,383
Pension liability	18,200			17,714
Intangible assets amortization, including taxable goodwill	2,317			2,947
Net operating losses	119,602			99,534
Inventory	8,523			7,934
Other	13,583			16,621
Total gross deferred tax assets	183,809			166,094
Less valuation allowance	(20,150		)	(22,209		)
Net deferred tax assets	163,659			143,885

Deferred tax liabilities:
Intangible assets amortization, including taxable goodwill	(189,233		)	(182,748		)
Property, plant and equipment depreciation	(207,729		)	(209,925		)
Investment in DGD Joint Venture	(47,607		)	(46,239		)
Tax on unremitted foreign earnings	(49,196		)	(48,106		)
Other	(1,038		)	(1,196		)
Total gross deferred tax liabilities	(494,803		)	(488,214		)
Net deferred tax liability	$	(331,144	)	$	(344,329	)

Amounts reported on Consolidated Balance Sheets:
Non-current deferred tax asset	$	14,990		$	16,352
Non-current deferred tax liability	(346,134		)	(360,681		)
Net deferred tax liability	$	(331,144	)	$	(344,329	)

At December 31, 2016, the Company had net operating loss carryforwards for federal income tax purposes of approximately $193.2 million, which begin to expire in 2019 through 2036. As a result of the change in ownership which occurred pursuant to the May 2002 recapitalization, utilization of approximately $4.9 million of the federal net operating loss carryforwards is limited to approximately $0.7 million per year for the remaining life of the net operating losses. The Company had approximately $172.6 million of net operating loss carryforwards for state income tax purposes, which expire in 2019 through 2036. Also at December 31, 2016, the Company had U.S. foreign tax credit carryforwards of approximately $2.2 million and state tax credit carryforwards of approximately $1.0 million. The Company had foreign net operating loss carryforwards of about $168.3 million, $84.1 million of which expire in 2017 through 2036 and $84.2 million of which can be carried forward indefinitely. As of December 31, 2016, the Company had a valuation allowance of $4.8 million due to uncertainties in respect to its ability to utilize its U.S. (federal and state) net operating loss and tax credit carryforwards before they expire. The Company also had a valuation allowance of $15.4 million due to uncertainties in its ability to utilize foreign net operating loss carryforwards and other foreign deferred tax assets.

At December 31, 2016, the Company had unrecognized tax benefits of approximately $4.7 million. An indemnity receivable of $3.0 million has also been recorded in respect to the VION Acquisition. There was no material income statement activity in fiscal 2016 in respect to unrecognized tax benefits. All of the unrecognized tax benefits would favorably impact the Company's effective tax rate if recognized. The Company believes it is reasonably possible that unrecognized tax benefits could change by $1.7 million in the next twelve months. The possible change in unrecognized tax benefits relates to the expiration of certain statutes of limitation and the possible settlement of an ongoing income tax audit. The Company recognizes accrued interest and penalties, as appropriate, related to unrecognized tax benefits as a component of income tax expense. As of December 31, 2016, interest and penalties related to unrecognized tax benefits were $1.5 million. These interest and penalties related to the unrecognized tax benefits from the VION Acquisition and were primarily recorded in purchase accounting.

A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows (in thousands):



	December 31, 2016			January 2, 2016
Balance at beginning of Year	$	5,604		$	8,130
Change in tax positions related to prior years	99			(1,953		)
Expiration of the Statute of Limitations	(1,036		)	(573		)
Balance at end of year	$	4,667		$	5,604

In fiscal 2016, the Company's major taxing jurisdictions are U.S. (federal and state), Belgium, Brazil, Canada, China, France, Germany and the Netherlands. The Company is currently subject to federal and state examinations in the U.S. for tax years 2012 through 2014. The Company is also subject to regular examination by various foreign tax authorities. Although the final outcome of these examinations is not yet determinable, the Company does not anticipate that any of the examinations will have a significant impact on the Company's results of operations or financial position. The statute of limitations for the Company's major jurisdictions is open for varying periods, but is generally closed through the 2010 tax year.

Prior to fiscal 2014, the Company did not have significant operations outside of the U.S. During fiscal 2013, the Company began operations in Canada through the Rothsay Acquisition. During fiscal 2014, the Company began operations in the other major taxing jurisdictions through the VION Acquisition. The Company generally expects to indefinitely reinvest the earnings of its foreign subsidiaries outside the U.S. and has not provided deferred income taxes on the accumulated earnings of its foreign subsidiaries except for the accumulated earnings of certain joint venture companies. At December 31, 2016, the amount of undistributed foreign subsidiary earnings indefinitely reinvested outside of the U.S. for which no U.S. deferred incomes taxes have been provided is approximately $71.8 million. It is not practicable to determine the deferred tax liability related to these undistributed earnings.