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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes
11. Income Taxes
U.S. and foreign income before income taxes consist of the following (in millions):
Year Ended December 31,
202120202019
United States$(47.7)$51.2 $(59.1)
Foreign147.8 110.5 296.4 
Income (loss) before income taxes$100.0 $161.7 $237.3 
The income tax provision (benefit) related to income before income taxes consists of the following components (in millions):
Year Ended December 31,
202120202019
Current:
U.S. federal statutory tax$4.4 $10.1 $(4.0)
State1.4 2.6 1.6 
Foreign22.4 42.9 35.9 
28.2 55.6 33.5 
Deferred:
U.S. federal statutory tax2.2 — 11.0 
State2.7 — 4.6 
Foreign(12.5)(14.4)(12.2)
(7.6)(14.4)3.4 
Non-current tax expense (income)5.3 10.9 19.3 
$25.8 $52.1 $56.2 
Non-current tax expense (income) is primarily related to income tax associated with the reserve for uncertain tax positions, including associated interest and penalties.
A reconciliation of the U.S. federal statutory income tax rate to our effective income tax rate is as follows:
Year Ended December 31,
202120202019
U.S. federal statutory tax rate21.0 %21.0 %21.0 %
Foreign earnings, net of foreign taxes(10.3)(13.3)(13.8)
State income taxes, net of U.S. federal income tax benefit3.2 1.3 2.2 
Tax Reform - GILTI8.8 0.5 6.0 
Tax Reform - BEAT1.7 1.4 0.1 
Uncertain tax positions5.3 6.8 8.2 
Foreign currency adjustments9.6 (2.1)(6.1)
Intercompany interest transfer pricing adjustment1.4 2.0 1.4 
Nontaxable interest income(4.7)(3.0)(2.3)
Nondeductible interest expense1.2 1.9 1.8 
Valuation allowance(8.0)10.6 1.2 
Sale of Company— 3.0 — 
Non-deductible Officer Compensation1.5 1.2 0.5 
Statutory Adjustments(3.2)0.1 0.2 
UK Tax Rate Change(5.9)— — 
Other permanent differences4.1 0.8 3.3 
Effective income tax rate25.8 %32.2 %23.7 %
For the year ended December 31, 2021, our effective income tax rate was 25.8%, and our income tax provision was $25.8 million, as compared to an effective income tax rate of 32.2% and an income tax provision of $52.1 million for 2020. The lower effective income tax rate for 2021, as compared to 2020, resulted primarily from the impact of the change in the UK tax rate, benefits resulting from tax return filings in various foreign jurisdictions, adjustments to valuation allowances against our deferred tax assets in various foreign jurisdictions, and the differences in the results of our subsidiaries in tax jurisdictions with different tax rates.
For the year ended December 31, 2020, our effective income tax rate was 32.2%, for an income tax provision of $52.1 million, as compared to an effective income tax rate of 23.7% and an income tax provision of $56.2 million for 2019. The tax provision includes a tax expense of $12.9 million for the tax on the gain on the sale of MSTS recorded during the third quarter of 2020. The higher effective income tax rate for 2020, as compared to 2019, resulted primarily from the impact of recording valuation allowances against our deferred tax assets in various foreign jurisdictions, and the differences in the results of our subsidiaries in tax jurisdictions with different tax rates.
For the year ended December 31, 2019, our effective income tax rate was 23.7%, for an income tax provision of $56.2 million, as compared to an effective income tax rate of 30.2% and an income tax provision of $55.9 million for 2018. The lower effective income tax rate for 2019 resulted principally from the benefits of differences in the results of our subsidiaries in tax jurisdictions with different income tax rates, the impacts of BEAT and GILTI, other permanent tax differences, and one-time return-to-provision foreign exchange statutory adjustments. These benefits were reduced by increases in uncertain tax positions and the effect of state income taxes. Several final and proposed regulations were issued for U.S. federal income tax purposes during 2019 regarding BEAT, foreign tax credits, and GILTI, among other areas. The Treasury Department and IRS released final and proposed regulations regarding BEAT on December 2, 2019 and provided an election to waive deductions for purposes of determining base erosion payments which we elected to apply to both 2018 and 2019. Our 2019 effective income tax rate and income tax expense reflect the results of this election for 2019 and the one-time benefit for 2018.
We have analyzed our global working capital and cash requirements and the potential tax liabilities attributable to repatriation and have determined that we intend to continue our assertion that the earnings of certain of our non-U.S. subsidiaries are indefinitely reinvested. At December 31, 2021, $976.5 million of our foreign earnings were permanently reinvested in non-US business operations. For these investments, if not reinvested indefinitely, we could potentially owe approximately $214.8 million in foreign withholding tax. For the remaining $1.5 billion accumulated foreign earnings that are actually or deemed repatriated, we have made an estimate of the associated foreign withholding and state income tax effects of $10.6 million for 2021.
The temporary differences which comprise our net deferred tax liabilities are as follows (in millions):
As of December 31,
20212020
Gross Deferred Tax Assets:
Bad debt reserve$9.5 $15.2 
Net operating loss45.9 57.4 
Accrued and other share-based compensation16.6 14.7 
Leases1.5 2.5 
Accrued expenses10.6 3.9 
U.S. foreign income tax credits1.2 1.2 
Other income tax credits0.2 0.2 
Customer deposits1.8 1.2 
Investments1.9 1.9 
Unrealized foreign exchange8.5 16.4 
Unrealized Derivatives1.2 — 
Cash flow hedges1.1 2.9 
Interest Limitation26.2 10.7 
Total gross deferred tax assets126.2 128.2 
Less: Valuation allowance39.7 48.0 
Gross deferred tax assets, net of valuation allowance86.5 80.2 
Deferred Tax Liabilities:  
Depreciation(23.9)(23.2)
Goodwill and intangible assets(55.9)(54.8)
Prepaid expenses, deductible for tax purposes(4.3)(3.3)
Deferred tax costs on foreign unrepatriated earnings(10.6)(10.4)
Unrealized derivatives— (6.4)
Other(7.4)(2.3)
Total gross deferred tax liabilities(102.0)(100.4)
Net deferred tax liability$15.5 $20.2 
Net deferred tax asset— — 
Reported on the Consolidated Balance Sheets as:  
Identifiable intangible and other non-current assets for deferred tax assets, non-current$44.8 $33.7 
Non-current income tax liabilities, net of deferred tax liabilities, non-current$60.3 $53.6 
As of December 31, 2021 and 2020, we had gross net operating losses ("NOLs") of approximately $402.5 million and $418.2 million, respectively. The NOLs as of December 31, 2021 originated in various U.S. states and non-U.S. countries. We have recorded a deferred tax asset of $45.9 million reflecting the benefit of the NOL carryforward as of December 31, 2021. This deferred tax asset expires as follows (in millions):
Net Operating LossExpiration DateDeferred Tax Asset
US States2022-2041$8.4 
US StatesIndefinite$4.0 
Foreign2022-2041$5.1 
ForeignIndefinite$28.3 
Total$45.9 
We assessed the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets. On the basis of this evaluation, as of December 31, 2021, a valuation allowance of $39.7 million has been recorded to recognize only the portion of the deferred tax assets that are more likely than not to be realized, $35.7 million of which relates to the deferred tax asset for NOLs. The amount of the deferred tax asset considered realizable could be adjusted if estimates of future taxable income during the carryforward period change or if objective negative evidence in the form of cumulative losses is no longer present and additional weight may be given to subjective evidence such as growth projections.
We operate under a special income tax concession in Singapore which began January 1, 2008 and is subject to renewal. Our current five-year income tax concession period began on January 1, 2018 and is conditional upon our meeting certain employment and investment thresholds which, if not met in accordance with our agreement, may eliminate the benefit beginning with the first year in which the conditions are not satisfied. The income tax concession reduces the income tax rate on qualified sales and derivative gains and losses.
The increase (decrease) to our foreign income taxes from the Singapore tax concession was as follows (in millions, except per share amounts):
Year Ended December 31,
202120202019
Singapore tax concession impact on foreign income tax$(1.1)$(2.4)$(4.3)
Impact on basic earnings per share$(0.02)$(0.04)$(0.07)
Impact on diluted earnings per share$(0.02)$(0.04)$(0.06)
Income Tax Contingencies
We recorded a net decrease of $3.1 million of liabilities related to Unrecognized Tax Liabilities and a net decrease of $1.6 million in assets related to Unrecognized Tax Assets during 2021. In addition, during 2021, we recorded a decrease of $3.8 million to our Unrecognized Tax Liabilities related to a foreign currency translation gain, which is included in Other income (expense), net, in the accompanying Consolidated Statements of Income and Comprehensive Income. As of December 31, 2021, our Unrecognized Tax Liabilities, including penalties and interest, were $98.2 million and our Unrecognized Tax Assets were $23.9 million.
During 2020, we recorded a net increase of $12.2 million of liabilities related to Unrecognized Tax Liabilities and no change in assets related to Unrecognized Tax Assets. In addition, during 2020, we recorded an increase of $4.0 million to our Unrecognized Tax Liabilities related to a foreign currency translation loss, which is included in Other income (expense), net, in the accompanying Consolidated Statements of Income and Comprehensive Income. As of December 31, 2020, our Unrecognized Tax Liabilities, including penalties and interest, were $99.0 million and our Unrecognized Tax Assets were $25.4 million.
The following is a tabular reconciliation of the total amounts of gross Unrecognized Tax Liabilities for the year (in millions):
 202120202019
Gross Unrecognized Tax Liabilities – opening balance$78.2 $66.5 $57.0 
Gross increases – tax positions in prior period2.4 4.8 12.2 
Gross decreases – tax positions in prior period(6.1)(0.5)(13.5)
Gross increases – tax positions in current period3.5 12.3 14.9 
Settlements— (0.1)(1.4)
Lapse of statute of limitations(2.9)(4.8)(2.7)
Gross Unrecognized Tax Liabilities – ending balance$75.1 $78.2 $66.5 
If our gross Unrecognized Tax Liabilities, net of our Unrecognized Tax Assets of $23.9 million, as of December 31, 2021, are settled by the taxing authorities in our favor or otherwise resolved, our income tax expense would be reduced by $51.2 million (exclusive of interest and penalties) in the period the matter is considered settled or resolved in accordance with ASC 740. This would have the impact of reducing our 2021 effective income tax rate by 51.2%. As of December 31, 2021, it is possible that approximately $4.2 million of our unrecognized income tax liabilities may decrease within the next twelve months.
We record accrued interest and penalties related to unrecognized income tax benefits as income tax expense. Related to the uncertain income tax benefits noted above, for interest we recorded expense of $2.6 million, $3.1 million and $4.6 million during the years ended December 31, 2021, 2020, and 2019, respectively. For penalties, we recorded income of $0.3 million, expense of $0.2 million and income of $0.2 million during the years ended December 31, 2021, 2020, and 2019, respectively. As of December 31, 2021 and 2020, we had recognized liabilities of $18.8 million and $16.2 million for interest and $4.3 million and $4.6 million for penalties, respectively.
We have various tax returns under examination both in the U.S. and foreign jurisdictions. The most material of these are in Denmark for the 2013 - 2019 tax years, South Korea for the 2011 - 2014 tax years, and the U.S. for 2017 - 2019 tax years. One of our subsidiaries in Denmark has been under audit for its 2013 - 2015 tax years since 2018 and was notified in March 2021 that its 2016 - 2019 tax years were also under examination. In January 2021, we received final tax assessments for the 2013 and 2014 tax years of approximately $0.6 million (DKK 3.7 million) and $0.8 million (DKK 4.9 million), respectively. In April 2021, we received a proposed tax assessment for the 2015 tax year of approximately $14.7 million (DKK 96.1 million). We believe these assessments are without merit. We are in the process of responding to the proposed assessments and the 2016 - 2019 information requests. We have not yet received any proposed assessments related to the 2016 - 2019 tax years, which could be materially larger than the previous assessments if a similar methodology is applied.
In 2017, the Korean branch of one of our subsidiaries received income tax assessment notices aggregating $9.5 million (KRW 11.3 billion) from the South Korea tax authorities relating to the 2011 - 2014 tax years. In May and August 2021, we received revised income tax assessments for these years reducing the aggregate assessments to $9.0 million (KRW 10.6 billion). We believe that these assessments are without merit and are currently appealing the actions.
In January of 2020, we received a notice of examination from the U.S. IRS for the 2017 - 2018 tax years. In June 2021, we received a notice of proposed adjustment for certain immaterial items for the 2017 and 2018 tax years which we accepted and agreed to in August 2021. In December 2021 we received an additional notice of proposed adjustment for certain immaterial items for the 2017 and 2018 tax years which we are reviewing. In addition, in February 2022 we received a notice of examination from the U.S. IRS for the 2019 tax year.
An unfavorable resolution of one or more of the above matters could have a material adverse effect on our operating results or cash flows in the quarter or year in which the adjustments are recorded, or the tax is due or paid. As examinations are still in process or have not yet reached the final stages of the appeals process, the timing of the ultimate resolution or payments that may be required cannot be determined at this time.
In many cases, our uncertain tax positions are related to tax years that remain subject to examination by the relevant taxing authorities. The following table summarizes these open tax years by jurisdiction with material uncertain tax positions:
 Open Tax Year
JurisdictionExamination
in progress		Examination not
yet initiated
Denmark2013 - 20192020 - 2021
South Korea2011 - 20142015 - 2021
GreeceNone2016 - 2021
Other non-U.S.None2014 - 2021