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INCOME TAXES | 12 Months Ended
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Dec. 31, 2019
Income Tax Disclosure [Abstract] |
INCOME TAXES | INCOME TAXES The components of Loss before benefit from income taxes for 2019, 2018 and 2017 consist of:
(in millions) |  | 2019 |  | 2018 |  | 2017
Domestic |  | $ | (2,396 | ) |  | $ | (1,475 | ) |  | $ | (2,032 | )
Foreign |  | 559 |  |  | (2,679 | ) |  | 291 |
|  | $ | (1,837 | ) |  | $ | (4,154 | ) |  | $ | (1,741 | )
The components of Benefit from income taxes for 2019, 2018 and 2017 consist of:
(in millions) |  | 2019 |  | 2018 |  | 2017
Current: |  |  |  |  |  |
Domestic |  | $ | (12 | ) |  | $ | — |  |  | $ | (20 | )
Foreign |  | (116 | ) |  | (327 | ) |  | (146 | )
|  | (128 | ) |  | (327 | ) |  | (166 | )
Deferred: |  |  |  |  |  |
Domestic |  | (5 | ) |  | 17 |  |  | (2 | )
Foreign |  | 187 |  |  | 320 |  |  | 4,313 |
|  | 182 |  |  | 337 |  |  | 4,311 |
|  | $ | 54 |  |  | $ | 10 |  |  | $ | 4,145 |
The Benefit from income taxes differs from the expected amount calculated by applying the Company’s Canadian statutory rate of 26.9% to Loss before benefit from income taxes for 2019, 2018 and 2017 as follows:
(in millions) |  | 2019 |  | 2018 |  | 2017
Loss before benefit from income taxes |  | $ | (1,837 | ) |  | $ | (4,154 | ) |  | $ | (1,741 | )
Benefit from income taxes |  |  |  |  |  |
Expected benefit from income taxes at Canadian statutory rate |  | $ | 494 |  |  | $ | 1,117 |  |  | $ | 468 |
Non-deductible amount of share-based compensation |  | (7 | ) |  | (10 | ) |  | (37 | )
Adjustments to tax attributes |  | (99 | ) |  | (4 | ) |  | (242 | )
Impact of changes in enacted income tax rates |  | — |  |  | — |  |  | 747 |
Change in valuation allowance related to foreign tax credits and NOLs |  | 21 |  |  | (3 | ) |  | 139 |
Change in valuation allowance on Canadian deferred tax assets and tax rate changes |  | (142 | ) |  | (875 | ) |  | (360 | )
Change in uncertain tax positions |  | (350 | ) |  | (47 | ) |  | (65 | )
Foreign tax rate differences |  | 186 |  |  | (3 | ) |  | 933 |
Non-deductible portion of Goodwill impairments |  | — |  |  | (488 | ) |  | (139 | )
Tax differences on divestitures of businesses |  | — |  |  | — |  |  | 203 |
Tax benefit on intra-entity transfers |  | — |  |  | 356 |  |  | 2,480 |
Other |  | (49 | ) |  | (33 | ) |  | 18 |
|  | $ | 54 |  |  | $ | 10 |  |  | $ | 4,145 |
Deferred tax assets and liabilities as of December 31, 2019 and 2018 consist of:
(in millions) |  | 2019 |  | 2018
Deferred tax assets: |  |  |  |
Tax loss carryforwards |  | $ | 2,911 |  |  | $ | 2,886 |
Provisions |  | 641 |  |  | 519 |
Research and development tax credits |  | 155 |  |  | 143 |
Scientific Research and Experimental Development pool |  | 52 |  |  | 52 |
Tax credit carryforwards |  | 25 |  |  | 46 |
Deferred revenue |  | 5 |  |  | 4 |
Unrealized FX on U.S. dollar debt and other financing cost |  | 94 |  |  | 262 |
Prepaid expenses |  | 41 |  |  | 44 |
Share-based compensation |  | 19 |  |  | 24 |
Other |  | 23 |  |  | — |
Total deferred tax assets |  | 3,966 |  |  | 3,980 |
Less valuation allowance |  | (2,831 | ) |  | (2,913 | )
Net deferred tax assets |  | 1,135 |  |  | 1,067 |
Deferred tax liabilities: |  |  |  |
Intangible assets |  | 53 |  |  | 163 |
Plant, equipment and technology |  | 56 |  |  | 55 |
Outside basis differences |  | 41 |  |  | 29 |
Other |  | — |  |  | 29 |
Total deferred tax liabilities |  | 150 |  |  | 276 |
Net deferred tax asset (liability) |  | $ | 985 |  |  | $ | 791 |
On December 22, 2017, the Tax Act was signed into law and included a number of changes in the U.S. tax law, most notably a reduction of the U.S. corporate income tax rate from 35% to 21% for tax years beginning after December 31, 2017. The Tax Act also implemented a modified territorial tax system that included a one-time transition tax on the accumulated previously untaxed earnings of foreign subsidiaries (the “Transition Toll Tax”) equal to 15.5% (reinvested in liquid assets) or 8% (reinvested in non-liquid assets). At the taxpayer's election, the Transition Toll Tax can be paid over an eight-year period without interest, starting in 2018. The Company elected not to use this option and instead used a portion of its U.S. net operating losses ("NOLs") to offset this income inclusion. The Tax Act also includes two U.S. tax base erosion provisions: (i) the base-erosion and anti-abuse tax (“BEAT”) and (ii) the global intangible low-taxed income (“GILTI”). BEAT provides a minimum tax on U.S. tax deductible payments made to related foreign parties after December 31, 2017. GILTI requires an entity to include in its U.S. taxable income the earnings of its foreign subsidiaries in excess of an allowable return on each foreign subsidiary’s depreciable tangible assets. Accounting guidance provides that the impacts of GILTI can be included in the consolidated financial statements either by recording the impacts in the period in which GILTI has been incurred or by adjusting deferred tax assets or liabilities in the period of enactment related to basis differences expected to reverse as a result of the GILTI provisions in future years. The Company elected to provide for the GILTI tax in the period in which it is incurred and, therefore, the 2017 benefit for income taxes did not include a provision for GILTI. Income tax expense for years after 2017 includes the effects of the Tax Act including both GILTI and BEAT. As part of the Tax Act, the Company’s U.S. interest expense is subject to limitation rules which limit U.S. interest expense to 30% of adjusted taxable income, defined similar to EBITDA through 2021 and EBIT thereafter. Disallowed interest can be carried forward indefinitely and any unused interest deduction assessed for recoverability. The Company considered such provisions in 2018 and 2019 and expects to fully utilize any interest carry forwards in future periods. The Company’s Benefit from income taxes for the year 2017 included provisional net tax benefits of $975 million attributable to the Tax Act which included: (i) the re-measurement of certain deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future of $774 million, (ii) the one-time Transition Toll Tax of $88 million and (iii) the decrease in deferred tax assets attributable to certain legal accruals, the deductibility of which is uncertain for U.S. federal income tax purposes, of $10 million. The Company utilized NOLs to offset the provisionally determined $88 million Transition Toll Tax and therefore no amount was recorded as payable. The Company previously provided for residual U.S. federal income tax on its outside basis differences in certain foreign subsidiaries which, due to the Tax Act, are no longer taxable. As such, the Company's residual U.S. federal income tax liability of $299 million prior to the Tax Act was reversed and the Company recognized a deferred tax benefit of $299 million in the fourth quarter of 2017. The provisional amounts included in Benefit from income taxes for the year 2017, including the Transition Toll Tax, were finalized during 2018. Differences between the provisional net income tax benefits provided for the year 2017 attributable to the Tax Act of $975 million, as previously disclosed, and the benefit for income taxes as finalized are included in the Benefit from income taxes for 2018 and were not material to the Company’s financial results for the year 2018. The Company has provided for income taxes, including the impacts of the Tax Act, in accordance with guidance issued by accounting regulatory bodies, the U.S. Internal Revenue Service and state and local governments through the date of the issuance of these Consolidated Financial Statements. Additional guidance and interpretations can be expected and such guidance, if any, could impact future results. While management continues to monitor these matters, the ultimate impact, if any, as a result of the application of any guidance issued in the future cannot be determined at this time. In 2017, the Company liquidated its top U.S. subsidiary (Biovail Americas Corp.) in a taxable transaction that resulted in a taxable loss which was of a character that offset certain gains from internal restructurings and third-party divestitures, the excess of which was, under U.S. tax law, able to be carried back to offset previously recognized gains in 2016, 2015 and 2014. This carryback resulted in an increase in the deferred tax asset for NOLs previously utilized against such gains. In connection with this taxable transaction, the Company recognized a net income tax benefit of approximately $400 million related to the carryback of losses and reversed a previously established deferred tax liability of approximately $1,900 million. The realization of deferred tax assets is dependent on the Company generating sufficient domestic and foreign taxable income in the years that the temporary differences become deductible. A valuation allowance has been provided for the portion of the deferred tax assets that the Company determined is more likely than not to remain unrealized based on estimated future taxable income and tax planning strategies. As a result of taxable losses in Canada as offset by a reduction of deferred tax assets due to internal restructurings, the valuation allowance decreased by $82 million during 2019 and increased by $912 million during 2018. Given the Company’s history of pre-tax losses and expected future losses in Canada, the Company maintained that there was insufficient objective evidence to release the valuation allowance against Canadian tax loss carryforwards, International Tax Credits (“ITC”) and pooled Scientific Research and Experimental Development Tax Incentive (“SR&ED”) expenditures. The Canadian valuation allowance represents a material portion of the Company's total valuation allowance. As of December 31, 2019 and 2018, the Company had accumulated taxable losses available to offset future years’ federal and provincial taxable income in Canada of approximately $7,441 million and $5,655 million, respectively. As of December 31, 2019 and 2018, unclaimed ITCs available to offset future federal taxes in Canada were approximately $34 million and $34 million, respectively, which expire in the years 2020 through 2036. In addition, as of December 31, 2019 and 2018, pooled SR&ED expenditures available to offset against future taxable income in Canada were approximately $192 million and $192 million, respectively, which may be carried forward indefinitely. As of December 31, 2019 and 2018, a full valuation allowance against the net Canadian deferred tax assets has been provided of $2,461 million and $2,470 million, respectively. As of December 31, 2019 and 2018, the Company had accumulated taxable losses available to offset future years' federal taxable income in the U.S. of approximately $636 million and $1,552 million, respectively, including acquired losses which expire in the years 2021 through 2037. While the remaining taxable losses are subject to multiple annual loss limitations as a result of previous ownership changes, the Company believes that the recoverability of the deferred tax assets associated with these taxable losses are more likely than not to be realized. As of December 31, 2019 and 2018 U.S. research and development credits available to offset future years' federal income taxes in the U.S. were approximately $106 million and $97 million, respectively, which includes acquired research and development credits and which expire in the years 2021 through 2038. The Company intends to amend prior U.S. tax filings in order to deduct foreign taxes rather than take a foreign tax credit. Therefore, during 2017, the Company reversed the deferred tax asset and associated valuation allowance of approximately $342 million in U.S. foreign tax credits, including acquired U.S. foreign tax credits. The Company recorded a deferred tax benefit of $84 million for such deduction and adjusted its expected NOL carryforward accordingly. In conjunction with the Sprout Sale in 2017, the Company recognized a capital loss and established a valuation allowance on the portion of the loss for which a benefit is not expected to be realized. Previously valued capital loses utilized during 2019 were not material. As of December 31, 2019 and 2018, the Company had accumulated taxable losses available to offset future years’ taxable income in Ireland of approximately $6,765 million and $5,495 million, respectively. As of December 31, 2019 and 2018, the Company recognized a capital loss and established a valuation allowance on the portion of the loss for which a benefit is not expected to be realized. The Company provides for Canadian tax on the unremitted earnings of its direct foreign affiliates except for its direct U.S. subsidiaries. The Company continues to assert that the unremitted earnings of its U.S. subsidiaries will be permanently reinvested and not repatriated. As of December 31, 2019, the Company estimates there will be no tax liability attributable to the permanently reinvested U.S. earnings. As of December 31, 2019 and 2018, unrecognized tax benefits (including interest and penalties) were $1,002 million and $654 million, of which $355 million and $345 million would affect the effective income tax rate, respectively. In 2019 and 2018, the remaining unrecognized tax benefits would not impact the effective tax rate as the tax positions are offset against existing tax attributes or are timing in nature. In 2019 and 2018, the Company recognized net increases to unrecognized tax benefits for current year tax positions of $362 million and $18 million, respectively. The Company recognized a net reduction of $13 million during 2019 and a net increase of $38 million during 2018 in the unrecognized tax benefits related to tax positions taken in the prior years. The Company provides for interest and penalties related to unrecognized tax benefits in the provision for income taxes. As of December 31, 2019 and 2018, accrued interest and penalties related to unrecognized tax benefits were approximately $45 million and $42 million, respectively. In 2019 and 2018, the Company recognized a net increase of approximately $3 million and $1 million of interest and penalties, respectively. The Company and one or more of its subsidiaries file federal income tax returns in Canada, the U.S., and other foreign jurisdictions, as well as various provinces and states in Canada and the U.S. The Company and its subsidiaries have open tax years, primarily from 2005 to 2018, with significant taxing jurisdictions, respectively, including Canada and the U.S. These open years contain certain matters that could be subject to differing interpretations of applicable tax laws and regulations and tax treaties, as they relate to the amount, timing, or inclusion of revenues and expenses, or the sustainability of income tax positions of the Company and its subsidiaries. Certain of these tax years are expected to remain open indefinitely.
Jurisdiction: |  | Open Years
United States - Federal |  | 2014 - 2018
Canada |  | 2005 - 2018
Germany |  | 2013 - 2018
France |  | 2013 - 2018
China |  | 2015 - 2018
Ireland |  | 2015 - 2018
Netherlands |  | 2018
Australia |  | 2011 - 2018
The Internal Revenue Service completed its examinations of the Company’s U.S. consolidated federal income tax returns for the years 2013 and 2014. There were no material adjustments to the Company's taxable income as a result of these examinations. The 2014 tax year remains open to the extent of a 2017 capital loss carried back to that year. Additionally, the Internal Revenue Service has selected for examination the Company's annual tax filings for 2015 and 2016 and the Company's short period tax return for the period ended September 8, 2017, which was filed as a result of the Company's internal restructuring efforts during 2017. At this time, the Company does not expect that proposed adjustments, if any, for these periods would be material to the Company's Consolidated Financial Statements. The Company is currently under examination by the Canada Revenue Agency for four separate cycles: (a) years 2005 through 2006, (b) years 2007 through 2009, (c) years 2012 through 2013 and (d) years 2014 through 2015. The Company received from the Canada Revenue Agency a proposed audit adjustment for the years 2005 through 2009. The Company disagrees with the adjustments and has filed the respective Notices of Objection. The total proposed adjustment will result in a loss of tax attributes which are subject to a full valuation allowance and will not result in material change to the provision for income taxes. The Canada Revenue Agency audits of the 2010 and 2011 tax years were closed in 2016, and resulted in no material adjustments. The Company received an assessment for certain transfer pricing matters in 2012 and 2013 for CAD 85 million and CAD 90 million, respectively. The Company disagrees with the adjustments and has filed a Notice of Objection for 2012 and will file an objection for 2013. Of the total proposed adjustments, all but CAD 3 million will result in a loss of tax attributes which are subject to a full valuation allowance and will not result in a material change to the provision for income taxes. The Company’s subsidiaries in Germany are under audit for tax years 2014 through 2016. At this time, the Company does not expect that proposed adjustments, if any, would be material to the Company's Consolidated Financial Statements. The Company’s subsidiaries in Australia are under audit by the Australian Tax Office for various years beginning in 2010. On August 8, 2017, the Australian Taxation Office issued a notice of assessment for the tax years 2011 through 2017 in the aggregate amount of $117 million, which includes penalties and interest. The Company disagrees with the assessment and continues to believe that its tax positions are appropriate and supported by the facts, circumstances and applicable laws. The Company intends to defend its tax position in this matter vigorously and has filed a holding objection against the assessment by the Australian Taxation Office and has secured a bank guarantee to cover any potential cash outlays regarding this assessment. As of December 31, 2017, Restricted cash of $77 million was deposited with a bank as collateral to secure a bank guarantee for the benefit of the Australian Government. On January 9, 2018, the cash collateral of $77 million of Restricted cash was returned to the Company in exchange for a $77 million letter of credit. The Company's U.S. affiliates remain under examination for various state tax audits in the U.S. for years 2012 through 2017. Certain affiliates of the Company in regions outside of Canada, the U.S., Germany and Australia are currently under examination by relevant taxing authorities, and all necessary accruals have been recorded, including uncertain tax benefits. At this time, the Company does not expect that proposed adjustments, if any, would be material to the Company's Consolidated Financial Statements. The following table presents a reconciliation of the unrecognized tax benefits for 2019, 2018 and 2017:
(in millions) |  | 2019 |  | 2018 |  | 2017
Balance, beginning of year |  | $ | 654 |  |  | $ | 598 |  |  | $ | 423 |
Additions based on tax positions related to the current year |  | 361 |  |  | 18 |  |  | 145 |
Additions for tax positions of prior years |  | 63 |  |  | 55 |  |  | 57 |
Reductions for tax positions of prior years |  | (58 | ) |  | (11 | ) |  | (18 | )
Lapse of statute of limitations |  | (18 | ) |  | (6 | ) |  | (9 | )
Balance, end of year |  | $ | 1,002 |  |  | $ | 654 |  |  | $ | 598 |
The Company believes it is reasonably possible that the total amount of unrecognized tax benefits at December 31, 2019 could decrease by approximately $110 million in the next twelve months as a result of the resolution of certain tax audits and other events.

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://fasb.org/us-gaap/role/ref/legacyRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -URI http://asc.fasb.org/topic&trid=2144680 + Details
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