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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

Note 17. Income Taxes

We record current income tax expense for the amounts that we expect to report and pay on our income tax returns and deferred income tax expense for the change in the deferred tax assets and liabilities. On December 22, 2017, the United States enacted the Tax Act that significantly changed U.S. tax law. Also on that date, the SEC issued Staff Accounting Bulletin No. 118, which allowed us to record a provisional estimate at December 31, 2017 and finalize the tax effect of the law change within one year.  

We completed the calculation of the effect of the Tax Act and recorded the adjustment to the provisional estimate by December 22, 2018, as required. In 2018, we reduced the provisional estimate of $16.1 million by $3.1 million, $2.6 million for the federal and state tax on deemed repatriation of foreign earnings and $0.5 million for the reduction in the corporate tax rate from 35% to 21%. Of the federal deemed repatriation tax of $5.2 million eligible for deferral ratably over eight years, after application of tax year 2017 estimated payments, $1.1 million of the liability remains and is due in 2024.  

The Tax Act repealed the corporate alternative minimum tax and allows companies to claim a refund of 50% of the credit balance beginning in tax year 2018. The decrease in the repatriation tax restored alternative minimum tax credits and 50% of the alternative minimum tax credit balance, $4.0 million, was classified as an income tax receivable at December 31, 2018.

The Tax Act also established two new taxes; the base erosion anti-abuse tax (“BEAT”) and the global intangible low-taxed income (“GILTI”) tax effective January 1, 2018. The BEAT tax limits the deductibility of payments made to related foreign companies and imposes a minimum tax in excess of the company’s regular tax liability. At December 31, 2018, we were not subject to BEAT.  

The GILTI tax is based on excess earnings of foreign subsidiaries over an allowable return on foreign fixed asset investments. We have applied the most current interpretation of the Tax Act in our calculation of the GILTI tax and the net GILTI tax, after GILTI-based foreign income tax credits, is $0.8 million for the year ended December 31, 2018. We will account for GILTI tax as a period cost in our financial statements.

Income from continuing operations before income taxes consisted of the following: 

 

 

Year Ended December 31,

 

(in thousands)

 

2018

 

 

2017

 

 

2016

 

Foreign

 

$

54,753

 

 

$

82,919

 

 

$

33,611

 

United States

 

 

10,256

 

 

 

21,431

 

 

 

31,118

 

Income from continuing operations before income taxes

 

$

65,009

 

 

$

104,350

 

 

$

64,729

 

Significant components of the income tax provision from continuing operations are as follows:

 

 

Year Ended December 31,

 

(in thousands)

 

2018

 

 

2017

 

 

2016

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

United States:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

41

 

 

$

1,693

 

 

$

3,685

 

State

 

 

(335

)

 

 

2,573

 

 

 

1,716

 

Foreign

 

 

12,039

 

 

 

15,583

 

 

 

8,177

 

Total current

 

 

11,745

 

 

 

19,849

 

 

 

13,578

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

United States:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

1,860

 

 

 

19,893

 

 

 

8,427

 

State

 

 

860

 

 

 

1,761

 

 

 

(598

)

Foreign

 

 

2,630

 

 

 

4,395

 

 

 

(157

)

Total deferred

 

 

5,350

 

 

 

26,049

 

 

 

7,672

 

Income tax expense

 

$

17,095

 

 

$

45,898

 

 

$

21,250

 

 

We are subject to income tax in jurisdictions in which we operate. A reconciliation of the statutory federal income tax rate to the effective tax rate is as follows:

 

 

 

Year Ended December 31,

 

(in thousands)

 

2018

 

 

2017

 

 

2016

 

Computed income tax expense at statutory federal income tax rate

 

$

13,665

 

 

 

21.0

%

 

$

36,522

 

 

 

35.0

%

 

$

22,655

 

 

 

35.0

%

State income taxes, net of federal benefit

 

 

3,489

 

 

 

5.4

%

 

 

1,160

 

 

 

1.1

%

 

 

292

 

 

 

0.5

%

Deemed mandatory repatriation state tax

 

 

(909

)

 

 

(1.4

)%

 

 

1,206

 

 

 

1.2

%

 

 

 

 

 

 

Deemed mandatory repatriation federal tax, net of foreign tax credit

 

 

(1,690

)

 

 

(2.6

)%

 

 

6,936

 

 

 

6.6

%

 

 

 

 

 

 

Remeasurement of deferred taxes due to reduction in U.S. tax rate *

 

 

(510

)

 

 

(0.8

)%

 

 

8,000

 

 

 

7.7

%

 

 

 

 

 

 

Foreign tax rate differential

 

 

4,138

 

 

 

6.4

%

 

 

(5,031

)

 

 

(4.8

)%

 

 

(882

)

 

 

(1.4

)%

U.S. tax on current year foreign earnings, net of foreign tax credits

 

 

(223

)

 

 

(0.3

)%

 

 

(2,726

)

 

 

(2.6

)%

 

 

(373

)

 

 

(0.6

)%

Change in valuation allowance

 

 

(653

)

 

 

(1.0

)%

 

 

(796

)

 

 

(0.8

)%

 

 

1,230

 

 

 

1.9

%

Other adjustments, net

 

 

(212

)

 

 

(0.3

)%

 

 

627

 

 

 

0.6

%

 

 

(1,672

)

 

 

(2.6

)%

Income tax expense

 

$

17,095

 

 

 

26.4

%

 

$

45,898

 

 

 

44.0

%

 

$

21,250

 

 

 

32.8

%

 

* Included $0.6 million increase to the valuation allowance in 2017.

 

The components of deferred income tax assets and liabilities included in the Consolidated Balance Sheets are as follows:

 

 

 

December 31,

 

(in thousands)

 

2018

 

 

2017

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Tax credit carryforwards

 

$

9,156

 

 

$

6,654

 

Pension, compensation, and other employee benefits

 

 

13,022

 

 

 

15,173

 

Provisions for losses

 

 

5,133

 

 

 

5,826

 

Net operating loss carryforward

 

 

4,707

 

 

 

5,195

 

State income taxes

 

 

1,546

 

 

 

2,502

 

Other deferred income tax assets

 

 

2,920

 

 

 

2,796

 

Total deferred tax assets

 

 

36,484

 

 

 

38,146

 

Valuation allowance

 

 

(3,356

)

 

 

(4,010

)

Foreign deferred tax assets included above

 

 

(2,468

)

 

 

(2,396

)

Net deferred tax assets

 

 

30,660

 

 

 

31,740

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Property and equipment

 

 

(14,501

)

 

 

(10,530

)

Deferred tax related to life insurance

 

 

(3,498

)

 

 

(3,556

)

Goodwill and other intangible assets

 

 

(4,759

)

 

 

(4,299

)

Other deferred income tax liabilities

 

 

(939

)

 

 

(463

)

Total deferred tax liabilities

 

 

(23,697

)

 

 

(18,848

)

Foreign deferred tax liabilities included above

 

 

9,808

 

 

 

7,869

 

United States net deferred tax assets

 

$

16,771

 

 

$

20,761

 

 

We use significant judgment in forming conclusions regarding the recoverability of our deferred tax assets and evaluate all available positive and negative evidence to determine if it is more-likely-than-not that the deferred tax assets will be realized. To the extent recovery does not appear likely, a valuation allowance must be recorded. We had gross deferred tax assets of $36.5 million as of December 31, 2018 and $38.1 million as of December 31, 2017. These deferred tax assets reflect the expected future tax benefits to be realized upon reversal of deductible temporary differences and the utilization of tax attributes, including tax credit carryforwards.

As of December 31, 2018, foreign tax credit carryforwards were $5.2 million, of which $4.9 million are foreign tax credits against U.S. income tax which will begin to expire in 2021 and $0.3 million are creditable against United Kingdom taxes, which can be carried forward indefinitely. As of December 31, 2018, we had alternative minimum tax credit carryforwards of $4.0 million.

We had gross state and foreign net operating loss carryforwards of $49.1 million as of December 31, 2018 and $68.4 million as of December 31, 2017, for which we had deferred tax assets of $4.7 million as of December 31, 2018 and $5.2 million as of December 31, 2017. The state net operating loss carryforwards of $1.8 million expire from 2019 through 2038 and are subject to a full valuation allowance since it is unlikely that we will utilize these tax benefits prior to expiration. The foreign net operating loss carryforwards of $2.9 million do not expire.

The valuation allowance was $3.4 million at December 31, 2018 and $4.0 million at December 31, 2017. The $0.6 million decrease was due to a net decrease of $1.5 million for state net operating loss return to provision true-ups, offset by an increase of $0.9 million for certain foreign net operating loss carryforwards that do not meet the more likely-than-not threshold for recognition.

While we believe that the deferred tax assets, net of existing valuation allowances, will be utilized in future periods, there are inherent uncertainties regarding the ultimate realization of these tax assets. It is possible that the relative weight of positive and negative evidence regarding the realization of deferred tax assets may change, which could result in a material increase or decrease in our valuation allowance. Such a change could result in a material increase or decrease to income tax expense in the period the assessment was made.

We have not recorded deferred taxes for withholding taxes on current unremitted earnings of our subsidiaries located in Canada, the United Kingdom, and the Netherlands as we expect to reinvest those earnings in operations outside of the United States.

We exercise judgment in determining the income tax provision for positions taken on prior returns when the ultimate tax determination is uncertain. We classify liabilities associated with uncertain tax positions as “Other deferred items and liabilities” in the Consolidated Balance Sheets unless expected to be paid or released within one year. We had liabilities associated with uncertain tax positions, including interest and penalties, of $0.4 million as of December 31, 2018 and $1.7 million as of December 31, 2017. Uncertain tax positions, including interest and penalties, are classified as a component of income tax expense.

During 2018, we decreased the liability for continuing operations uncertain tax positions, including interest and penalties, by $1.3 million due to the lapse of statute. We expect $0.3 million of the continuing operations uncertain tax positions to be resolved or settled within the next twelve months and have classified this amount as a current liability.

A reconciliation of the liabilities associated with uncertain tax positions (excluding interest and penalties) is as follows:

 

(in thousands)

 

Continuing

Operations

 

 

Discontinued

Operations

 

 

Total

 

Balance at December 31, 2015

 

$

307

 

 

$

636

 

 

$

943

 

Additions for tax positions taken in prior years

 

 

1,295

 

 

 

 

 

 

1,295

 

Reductions for lapse of applicable statutes

 

 

(43

)

 

 

 

 

 

(43

)

Balance at December 31, 2016

 

 

1,559

 

 

 

636

 

 

 

2,195

 

Additions for tax positions taken in prior years

 

 

43

 

 

 

 

 

 

43

 

Reductions for lapse of applicable statutes

 

 

(177

)

 

 

(636

)

 

 

(813

)

Balance at December 31, 2017

 

 

1,425

 

 

 

 

 

 

1,425

 

Additions for tax positions taken in prior years

 

 

31

 

 

 

 

 

 

31

 

Reductions for lapse of applicable statutes

 

 

(1,086

)

 

 

 

 

 

(1,086

)

Balance at December 31, 2018

 

$

370

 

 

$

 

 

$

370

 

We are subject to taxation in various jurisdictions and file federal, state and local income tax returns in the United States, Canada, the United Kingdom and other foreign countries. We are currently under audit by the U.S Internal Revenue Service for the 2016 tax year and by the Canada Revenue Agency for the 2016 and 2017 tax years. We successfully concluded a United Kingdom inquiry of the 2015 tax year during 2018. We cannot predict with certainty the outcome of these audits and, therefore, we may have to adjust our tax provision.

Our 2015 through 2018 U.S. federal tax years and various state tax years from 2014 through 2018 remain subject to income tax examinations by tax authorities. The tax years 2013 through 2018 remain subject to examination by various foreign taxing jurisdictions.

Cash paid for income taxes was $27.3 million during 2018, $14.6 million during 2017, and $14.1 million during 2016.