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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block] Income Taxes
Income (loss) from continuing operations before income taxes for the periods presented below consisted of the following:
 Year Ended December 31,
 202220212020
 (Dollars in millions)
U.S. $59.7 $(55.0)$(1,771.5)
Non-U.S. 1,218.9 425.2 (80.3)
Total$1,278.6 $370.2 $(1,851.8)
Total income tax (benefit) provision for the periods presented below consisted of the following:
 Year Ended December 31,
 202220212020
 (Dollars in millions)
Current:
U.S. federal$(0.2)$(0.5)$(23.9)
Non-U.S. 42.9 30.8 2.4 
State0.1 — 1.7 
Total current42.8 30.3 (19.8)
Deferred: 
U.S. federal— — 23.4 
Non-U.S. (81.6)(7.5)4.4 
Total deferred(81.6)(7.5)27.8 
Total income tax (benefit) provision$(38.8)$22.8 $8.0 
The following is a reconciliation of the expected statutory federal income tax expense (benefit) to the Company’s income tax (benefit) provision for the periods presented below:
 Year Ended December 31,
 202220212020
 (Dollars in millions)
Expected income tax expense (benefit) at U.S. federal statutory rate$268.5 $77.7 $(388.9)
Changes in valuation allowance, income tax(595.6)(101.3)410.1 
Changes in tax reserves(1.5)1.9 (7.7)
Excess depletion(17.2)(13.7)(14.5)
Foreign earnings repatriation42.3 — — 
Foreign earnings provision differential80.7 17.3 16.4 
Global intangible low-taxed income197.2 67.0 — 
Tax credits— (26.5)— 
Remeasurement of foreign income tax accounts(2.6)(1.8)2.9 
State income taxes, net of federal tax benefit1.1 (1.1)(6.8)
Other, net(11.7)3.3 (3.5)
Total income tax (benefit) provision$(38.8)$22.8 $8.0 
Certain reconciliation items included in the above table exclude the remeasurement of foreign income tax accounts as these foreign currency effects are separately presented. The Company recognizes the tax on global intangible low-taxed income (GILTI) as a period expense and recorded a provision of $197.2 million and $67.0 million for the years ended December 31, 2022 and 2021, respectively, which was fully offset by the release of valuation allowance associated with the net operating losses (NOLs) that absorbed the GILTI inclusion. The Company did not record a provision for the year ended December 31, 2020 due to tested foreign losses.
On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act was signed into law and contained numerous tax provisions including the acceleration of refunds of previously generated alternative minimum tax (AMT) credits. During the years ended December 31, 2021 and 2020, the Company received AMT credit refunds of $1.2 million and $46.9 million, respectively. The Company does not expect any further AMT refund.
The Taxpayer Certainty and Disaster Relief Act of 2020 and the American Rescue Plan Act were enacted on December 27, 2020 and March 1, 2021, respectively. On August 16, 2022, the Inflation Reduction Act of 2022 was signed into law and contained numerous tax provisions including a 15% minimum tax on book income of certain large corporations and a 1% excise tax on net stock repurchases. These acts did not have a material impact on the Company’s tax provision.
The tax effects of temporary differences that gave rise to significant portions of the deferred tax assets and liabilities as of December 31, 2022 and 2021 consisted of the following:
December 31,
 20222021
 (Dollars in millions)
Deferred tax assets:  
Tax loss carryforwards and credits$740.1 $1,267.6 
Property, plant, equipment and mine development, principally due to differences in depreciation, depletion and asset impairments
550.8 571.9 
Accrued postretirement benefit obligations41.4 48.9 
Asset retirement obligations95.1 91.4 
Employee benefits22.1 19.9 
Take-or-pay obligations8.2 9.5 
Hedge activities49.1 36.8 
Interest limitation— 7.9 
Investments and other assets37.0 81.8 
Workers’ compensation obligations7.1 7.2 
Operating lease liabilities7.8 11.3 
Other28.3 22.7 
Total gross deferred tax assets1,587.0 2,176.9 
Valuation allowance, income tax(1,451.0)(2,120.8)
Total deferred tax assets136.0 56.1 
Deferred tax liabilities:  
Property, plant, equipment and mine development, principally due to differences in depreciation, depletion and asset impairments
67.5 66.4 
Operating lease right-of-use assets7.6 9.4 
Investments and other assets6.6 7.6 
Total deferred tax liabilities81.7 83.4 
Net deferred tax asset (liability)$54.3 $(27.3)
Deferred taxes are classified as follows:  
Noncurrent deferred income tax asset$74.7 $— 
Noncurrent deferred income tax liability(20.4)(27.3)
Net deferred tax asset (liability)$54.3 $(27.3)
As of December 31, 2022, the Company had gross Australia NOLs of $53.0 million in Australian dollars and gross U.S. federal NOLs of $1.7 billion. The Company’s tax loss carryforwards and credits of $740.1 million as of December 31, 2022 were comprised primarily of net Australia NOLs and capital tax loss carryforwards of $153.4 million, net federal NOLs of $345.3 million, state NOLs of $82.3 million, tax general business credits (GBCs) of $139.1 million and other foreign NOLs of $18.4 million. The foreign tax loss carryforwards have no expiration date. The federal NOLs begin to expire in 2036. The state NOLs begin to expire in 2023 and the GBCs begin to expire in 2027.
In assessing the near-term use of NOLs and tax credits and corresponding valuation allowance adjustments, the Company evaluated the expected level of future taxable income, available tax planning strategies, reversals of existing taxable temporary differences and taxable income in carryback years. For the year ended December 31, 2022, the Company released the valuation allowances of $74.7 million recorded against the Australia NOLs and net deferred tax asset position due to the significant current year utilization of NOLs and expected future realization of the deferred tax assets. The Company maintained valuation allowances of $1.5 billion against the U.S net deferred tax asset position of $976.8 million and against certain foreign deferred tax assets, primarily in Australia, of $474.2 million. Recognition of the U.S. valuation allowances was driven by recent cumulative book losses, as determined by considering all sources of available income (including items classified as discontinued operations or recorded directly to “Accumulated other comprehensive income”), which limited the Company’s ability to look to future taxable income in assessing the realizability of the related assets. The valuation allowance against certain foreign deferred tax assets continues to be recorded due to unlikely realization.
Unrecognized Tax Benefits
Net unrecognized tax benefits (excluding interest and penalties) were recorded as follows in the consolidated balance sheets as of December 31, 2022 and 2021:
December 31,
 20222021
(Dollars in millions)
Deferred income taxes$8.2 $9.7 
Other noncurrent liabilities1.3 1.3 
Net unrecognized tax benefits$9.5 $11.0 
Gross unrecognized tax benefits$9.5 $11.0 
The amount of the Company’s gross unrecognized tax benefits decreased by $1.5 million since December 31, 2021 due primarily to adjustments for prior year positions partially offset by additions for current positions. The amount of the net unrecognized tax benefits that, if recognized, would directly affect the effective tax rate was $9.5 million and $11.0 million at December 31, 2022 and 2021, respectively. A reconciliation of the beginning and ending amount of gross unrecognized tax benefits for the periods presented below is as follows:
 Year Ended December 31,
 202220212020
(Dollars in millions)
Balance at beginning of period$11.0 $9.1 $16.5 
Additions for current year tax positions0.8 3.0 1.9 
Reductions for prior year tax positions(2.3)(1.1)(9.3)
Balance at end of period$9.5 $11.0 $9.1 
The Company recognizes interest and penalties related to unrecognized tax benefits in its income tax provision. The Company recorded $0.2 million of gross interest and penalties for both the years ended December 31, 2022 and 2021, and reversed gross interest and penalties of $0.4 million for the year ended December 31, 2020. The Company had $5.9 million, $5.7 million and $5.4 million of accrued gross interest and penalties related to unrecognized tax benefits at December 31, 2022, 2021 and 2020, respectively.
The Company does not expect a decrease in its net unrecognized tax benefits during the next twelve months.
Tax Returns Subject to Examination
The Company’s federal income tax returns for the 2019, 2020 and 2021 tax years are subject to potential examinations by the Internal Revenue Service. The Company’s state income tax returns for the tax years 2014 and thereafter remain potentially subject to examination by various state taxing authorities due to NOL carryforwards. Australian income tax returns for tax years 2013 through 2020 continue to be subject to potential examinations by the Australian Taxation Office.
Foreign Earnings
As of December 31, 2022, the Company has unremitted earnings relating to certain wholly owned subsidiaries that are not permanently reinvested, but there are no residual cash taxes on the unremitted earnings. The Company has an earnings deficit for remaining investments outside the U.S. and continues to be permanently reinvested with respect to its historical earnings. However, when appropriate, the Company has the ability to access foreign cash without incurring residual cash taxes due to the existence of NOLs.
Tax Payments and Refunds
The following table summarizes the Company’s income tax payments (refunds), net for the periods presented below:
 Year Ended December 31,
 202220212020
 (Dollars in millions)
U.S. — federal$(0.3)$(1.3)$(44.6)
U.S. — state and local— — 1.6 
Non-U.S. 36.9 12.9 3.1 
Total income tax payments (refunds), net$36.6 $11.6 $(39.9)