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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

14. Income Taxes

Loss before income taxes for the U.S. for years ended December 31, 2021, 2020 and 2019 are $721 million, $917 million, and $500 million, respectively. Income before income taxes for non-U.S. jurisdictions for the year ended December 31, 2021 is $0.9 million. Loss before income taxes for non-U.S. jurisdictions for years ended December 31, 2020 and 2019 are $14.2 million and $30.5 million, respectively.

Components of the income tax provision applicable to federal, state and foreign income taxes for the years ended December 31, 2021, 2020 and 2019 are as follows (in thousands):

 

 

 

2021

 

 

2020

 

 

2019

 

Federal income tax benefit:

 

 

 

 

 

 

 

 

 

Current

 

$

—

 

 

$

(1,977

)

 

$

(1,976

)

Deferred

 

 

(86,878

)

 

 

(107,334

)

 

 

(90,441

)

 

 

 

(86,878

)

 

 

(109,311

)

 

 

(92,417

)

State income tax expense (benefit):

 

 

 

 

 

 

 

 

 

Current

 

 

144

 

 

 

225

 

 

 

851

 

Deferred

 

 

23,028

 

 

 

(17,949

)

 

 

(11,593

)

 

 

 

23,172

 

 

 

(17,724

)

 

 

(10,742

)

Foreign income tax expense (benefit):

 

 

 

 

 

 

 

 

 

Current

 

 

134

 

 

 

(291

)

 

 

(348

)

Deferred

 

 

870

 

 

—

 

 

 

(1,168

)

 

 

 

1,004

 

 

 

(291

)

 

 

(1,516

)

Total income tax benefit:

 

 

 

 

 

 

 

 

 

Current

 

 

278

 

 

 

(2,043

)

 

 

(1,473

)

Deferred

 

 

(62,980

)

 

 

(125,283

)

 

 

(103,202

)

Total income tax benefit:

 

$

(62,702

)

 

$

(127,326

)

 

$

(104,675

)

 

The difference between the statutory U.S. federal income tax rate and the effective income tax rate for the years ended December 31, 2021, 2020 and 2019 is summarized as follows:

 

 

 

2021

 

 

2020

 

 

2019

 

Statutory tax rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

State income taxes - net of the federal income tax benefit

 

 

3.0

 

 

 

1.7

 

 

 

1.4

 

Goodwill impairment

 

 

—

 

 

 

(8.2

)

 

 

(0.7

)

Permanent differences

 

 

(0.8

)

 

 

(0.6

)

 

 

(1.2

)

Valuation allowance

 

 

(13.3

)

 

 

(0.2

)

 

 

(0.8

)

State deferred tax remeasurement

 

 

(0.8

)

 

 

—

 

 

 

(1.1

)

Other differences, net

 

 

(0.4

)

 

 

—

 

 

 

1.1

 

Effective tax rate

 

 

8.7

%

 

 

13.7

%

 

 

19.7

%

 

The effective tax rate decreased by approximately 5.0% to 8.7% for 2021 compared to 13.7% for 2020. The difference was primarily due to nondeductible goodwill impairment charges in 2020 impacting the effective tax rate and changes in valuation allowance positions between 2020 and 2021.

 

The tax effect of temporary differences and tax attributes representing deferred tax assets and liabilities at December 31, 2021 and 2020 are as follows (in thousands):

 

 

 

2021

 

 

2020

 

Deferred tax assets:

 

 

 

 

 

 

Net operating loss carryforwards

 

$

457,362

 

 

$

370,875

 

Tax credits

 

 

4,453

 

 

 

4,918

 

Expense associated with stock-based compensation

 

 

9,364

 

 

 

11,252

 

Workers' compensation allowance

 

 

14,833

 

 

 

17,177

 

Other deferred tax asset

 

 

26,483

 

 

 

24,735

 

 

 

 

512,495

 

 

 

428,957

 

Less:

 

 

 

 

 

 

Valuation allowance

 

 

(189,737

)

 

 

(19,133

)

Total deferred tax assets

 

 

322,758

 

 

 

409,824

 

Deferred tax liabilities:

 

 

 

 

 

 

Property and equipment basis difference

 

 

(335,980

)

 

 

(475,025

)

Other

 

 

(12,037

)

 

 

(12,475

)

Total deferred tax liabilities

 

 

(348,017

)

 

 

(487,500

)

Net deferred tax liability

 

$

(25,259

)

 

$

(77,676

)

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized, and when necessary, valuation allowances are provided. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. We assess the realizability of our deferred tax assets quarterly and consider carryback availability, the scheduled reversal of deferred tax liabilities, projected future taxable income and tax planning strategies in making this assessment. In 2021, we recorded an additional $170.6 million of valuation allowances against our net deferred tax assets. This primarily related to U.S. federal and state deferred tax assets, as well as valuation allowances that were recorded through the acquisition of Pioneer.

For income tax purposes, we have approximately $1.7 billion of gross federal net operating losses, approximately $52.4 million of gross Canadian net operating losses, approximately $25.2 million of gross Colombian net operating losses and approximately $1.1 billion of post-apportionment state net operating losses as of December 31, 2021, before valuation allowances. The majority of federal net operating losses will expire in varying amounts, if unused, between 2031 and 2037. Federal net operating losses generated after 2017 can be carried forward indefinitely. Canadian net operating losses will expire in varying amounts, if unused, between 2036 and 2041. Colombian net operating losses will expire in varying amounts, if unused, between 2028 and 2033. State net operating losses will expire in varying amounts, if unused, between 2022 and 2041.

As of December 31, 2021, we had no unrecognized tax benefits. We have established a policy to account for interest and penalties related to uncertain income tax positions as operating expenses. As of December 31, 2021, the tax years ended December 31, 2014 through December 31, 2020 are open for examination by U.S. taxing authorities. As of December 31, 2021, the tax years ended December 31, 2014 through December 31, 2020 are open for examination by Canadian taxing authorities. As of December 31, 2021, the tax years ended December 31, 2015 through December 31, 2020 are open for examination by Colombian taxing authorities.

We continue to monitor income tax developments in the United States and other countries where we have legal entities. We will incorporate into our future financial statements the impacts, if any, of future regulations and additional authoritative guidance when finalized.

We continue to elect permanent reinvestment of unremitted earnings in foreign jurisdictions and we intend to do so for the foreseeable future. If we were to repatriate earnings, in the form of dividends or otherwise, we may be subject to certain income and/or withholding taxes (subject to an adjustment for foreign tax credits).