Income taxes

The Company’s operations are conducted by its foreign subsidiaries in Latin America and the Caribbean. The foreign subsidiaries are incorporated under the laws of their respective countries and as such the Company is taxed in such foreign countries.

Statutory tax rates in the countries in which the Company operates for fiscal years 2017, 2016 and 2015 were as follows:



	2017	2016	2015
Puerto Rico	20%	20%	20%
Argentina, Martinique, French Guyana, Guadeloupe, St Croix, St. Thomas, Aruba and Curacao	35%	35%	35%
Brazil and Venezuela	34%	34%	34%
Colombia	40%	40%	39%
Peru	30%	28%	28%
Costa Rica and Mexico	30%	30%	30%
Panamá, Uruguay, Trinidad and Tobago, Ecuador and Netherlands	25%	25%	25%
Chile	26%	24%	23%

Income tax expense for fiscal years 2017, 2016 and 2015 consisted of the following:



	2017		2016		2015
Current income tax expense	$	51,215	$	54,142	$	31,873
Deferred income tax expense (benefit)	2,099		5,499		(9,057		)
Income tax expense	$	53,314	$	59,641	$	22,816

Income tax expense for fiscal years 2017, 2016 and 2015 differed from the amounts computed by applying the Company’s weighted-average statutory income tax rate to pre-tax income (loss) as a result of the following:



	2017			2016			2015
Pre-tax income (loss)	$	182,813		$	138,629		$	(28,553	)
Weighted-average statutory income tax rate (i)	35.5		%	35.4		%	32.8		%
Income tax expense at weighted-average statutory tax rate on pre-tax income (loss)	64,901			49,030			(9,353		)
Permanent differences:
Change in valuation allowance (ii)	(19,133		)	(17,037		)	63,880
Expiration and changes in tax loss carryforwards (iii)	14,007			18,291			—
Non-deductible expenses	9,888			15,047			10,243
Tax benefits, including Brazil and other	(10,744		)	(14,437		)	(17,377		)
Income taxes withholdings on intercompany transactions (iv)	6,804			22,379			1,557
Differences including exchange rate, inflation adjustment and filing differences	(11,769		)	(13,001		)	(29,222		)
Alternative Taxes	(363		)	(114		)	2,386
Others	(277		)	(517		)	702
Income tax expense	$	53,314		$	59,641		$	22,816


(i)	Weighted-average statutory income tax rate is calculated based on the aggregated amount of the income before taxes by country multiplied by the prevailing statutory income tax rate, divided by the consolidated income before taxes.


(ii)	Comprises net changes in valuation allowances for the year, mainly related to Non-Operating Losses (NOLs).


(iii)	Expiration of loss tax carryforwards are mainly generated by Holding legal entities and the Caribbean division.


(iv)	Comprises income tax withheld on the payment of interest on intercompany loans. In 2016 this item also includes the withholding income tax of $18.2 million due the repayment of the Company’s 2016 Notes.

The tax effects of temporary differences and carryforwards that comprise significant portions of deferred tax assets and liabilities at December 31, 2017 and 2016 are presented below:



	2017			2016
Tax loss carryforwards (i)	$	238,082		$	268,389
Purchase price allocation adjustment	24,437			30,855
Property and equipment, tax inflation	37,577			37,471
Other accrued payroll and other liabilities	30,730			15,437
Share-based compensation	3,850			4,151
Provision for contingencies	2,478			3,449
Other deferred tax assets (ii)	21,528			27,292
Other deferred tax liabilities (iii)	(10,670		)	(13,649		)
Property and equipment - difference in depreciation rates	(12,639		)	(14,195		)
Valuation allowance (iv)	(271,651		)	(290,620		)
Net deferred tax asset	$	63,722		$	68,580

(i)

As of December 31, 2017, the Company and its subsidiaries has accumulated operating tax loss carryforwards amounting to $849,911. The Company has operating tax loss carryforwards amounting to $274,106, expiring between 2018 and 2022. In addition, the Company has operating tax loss carryforwards amounting to $348,370 expiring after 2022 and operating tax loss carryforwards amounting to $227,435 that do no expire. Changes in tax loss carryforwards for the year relate to the use of NOLs, mainly in Mexico and Brazil, and the expiration of tax loss carryforwards in other markets.

(ii)

Other deferred tax assets reflect the net tax effects of temporary differences between the carrying amounts of assets for financial reporting purposes (accounting base) and the amounts used for income tax purposes (tax base). For the fiscal year ended December 31, 2017, this item includes: bad debt reserve in Puerto Rico for $3,782, provision for regular expenses for $9,824, mainly corresponding to Brazil, Mexico and Colombia; and foreign currency exchange differences in Venezuela for $698. For the fiscal year ended December 31, 2016 this item includes regular expenses provisions for $14,063, for Brazil and Colombia; $5,055 related to foreign currency exchange differences in Venezuela and $3,832 in Puerto Rico, mainly related to bad debt reserve.


(iii)	Primarily related to intangible assets and foreign currency exchange differences.


(iv)	In assessing the realization of deferred income tax assets, the Company considers whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized.

The total amount of $63,722 for the year ended December 31, 2017, is presented in the consolidated balance sheet as non-current asset and non-current liability amounting to $74,299 and $10,577, respectively.

The total amount of $68,580 for the year ended December 31, 2016, is presented in the consolidated balance sheet as non-current asset and non-current liability amounting to $70,446 and $1,866, respectively.

Deferred income taxes have not been recorded for temporary differences related to investments in certain foreign subsidiaries. These temporary differences, comprise undistributed earnings considered permanently invested in subsidiaries amounted to $116,042 at December 31, 2017. Determination of the deferred income tax liability on these unremitted earnings is not practicable because such liability, if any, is dependent on circumstances existing if and when remittance occurs.

As of December 31, 2017, and 2016, the Company’s gross unrecognized tax benefits totaled Nil and $19 (including interests and penalties), respectively, that would favorably affect the effective tax rate if resolved in the Company’s favor.

The following table presents a reconciliation of the beginning and ending amounts of unrecognized tax benefits:



	2017			2016
Balances at beginning balance	$	19		$	63
Decrease for positions taken in prior years	(19		)	(44		)
Balances at ending balance	$	—		$	19

The Company is regularly under audit in multiple tax jurisdictions. It is reasonably possible that, as a result of audit progression within the next 12 months, there may be new information that causes the Company to reassess the total amount of unrecognized tax benefits recorded. While the Company cannot estimate the impact that new information may have on the unrecognized tax benefit balance, the Company believes that the liabilities that are recorded are appropriate and adequate as determined under ASC 740. The Company is generally no longer subject to income tax examinations by tax authorities for years prior to 2011.

As of December 31, 2017, there are certain matters related to the interpretation of income tax laws for which there is a possibility that a loss may have been incurred, as of the date of the financial statements in accordance with ASC 740 in an amount of $150 million, related to assessments for the fiscal years 2009 to 2013. No formal claim has been made for fiscal years within the statute of limitation by Tax authorities in any of the mentioned matters, however those years are still subject to audit and claims may be asserted in the future.