Income Taxes

An analysis of the provision (benefit) for income taxes from continuing operations follows ($ in millions):



	For the Years Ended December 31,
	2013			2012			2011
Current income taxes:
U.S. Federal	$	13.6		$	16.2		$	12.8
U.S. State	0.9			1.5			1.1
Foreign	21.2			18.7			32.8
	35.7			36.4			46.7
Deferred income taxes:
U.S. Federal	(0.2		)	(4.6		)	4.6
U.S. State	—			(0.4		)	0.4
Foreign	17.5			18.1			(18.9		)
	17.3			13.1			(13.9		)
Total	$	53.0		$	49.5		$	32.8

Income from continuing operations before income taxes and income from equity affiliates included income of $70.0 million in 2013, $104.4 million in 2012, and $52.6 million in 2011 from operations outside the United States.

A reconciliation of income taxes computed at the U.S. Federal statutory income tax rate to the provision for income taxes is as follows ($ in millions):



	For the Years Ended December 31,
	2013					2012					2011
	Amount			Percent		Amount			Percent		Amount			Percent
Tax provision at U.S. statutory rate	$	44.7		35.0	%	$	52.4		35.0	%	$	42.1		35.0	%
Foreign income tax rate differential	8.2			6.4		(1.4		)	(2.1	)	(0.3		)	(0.2	)
Tax benefits of foreign legal structure	(0.9		)	(0.7	)	(1.1		)	(0.7	)	(2.2		)	(1.8	)
Foreign tax incentives	—			—		—			—		(12.7		)	(10.6	)
Adjustments to valuation allowances	1.2			0.9		—			—		5.9			4.9
French business tax classified as income tax	2.2			1.7		2.4			1.6		2.6			2.2
Other foreign taxes, net	(0.5		)	(0.4	)	(0.8		)	0.7		(2.3		)	(1.9	)
Other, net	(1.9		)	(1.4	)	(2.0		)	(1.4	)	(0.3		)	(0.3	)
Provision for income taxes	$	53.0		41.5	%	$	49.5		33.1	%	$	32.8		27.3	%

Foreign income tax rate differential includes the effect of not recognizing the tax benefits of a tax holiday at the RTL Philippines facility attributable to asset impairment charges realized of $13.4 million, $2.0 million and $2.2 million during the years ended December 31, 2013, 2012 and 2011, respectively. The RTL Philippines tax holiday expired on December 31, 2013. The effect of not recognizing a tax benefit due to the tax holiday on net income per share (diluted) was $0.43, $0.06 and $0.07 for 2013, 2012 and 2011, respectively. Tax benefits of foreign legal structure result from net foreign tax deductions from the restructuring of the Company's foreign operations in 2003. In 2011, foreign tax incentives include a net $12.7 million deferred tax benefit primarily related to recording a deferred tax asset for tax credits granted in Poland based on investment in a special economic zone. During 2013, the Company increased its valuation allowances by $1.1 million primarily attributed to partially reserving the net deferred tax assets in Poland due to an expected change in tax status for that entity in early 2014. In 2011 the Company recorded a $5.9 million valuation allowance to fully reserve the net deferred tax assets in Brazil.

The Company considers the undistributed earnings of certain foreign subsidiaries to be indefinitely reinvested. Accordingly, no provision for U.S. federal and state income taxes has been made thereon. Upon distribution of those earnings in the form of dividends, loans to the U.S. parent, or otherwise, the Company could be liable for both U.S. income taxes (subject to an adjustment for foreign tax credits) and withholding taxes payable to foreign tax authorities. Determination of the amount of unrecognized deferred U.S. tax liability is not practicable because of the complexities associated with this hypothetical calculation.

Deferred income tax assets (liabilities) were comprised of the following ($ in millions):



	December 31,
Current deferred income tax assets attributable to:	2013			2012
Inventories	$	(1.0	)	$	0.6
Postretirement and other employee benefits	1.9			2.1
Other accrued liabilities	6.0			4.7
Valuation allowances	(3.0		)	(1.3		)
Foreign tax incentives	2.3			7.7
Other	3.9			(0.3		)
Net current deferred income tax assets	$	10.1		$	13.5
Noncurrent deferred income tax assets attributable to:
Operating loss carryforwards	$	8.8		$	19.2
Tax credit carryforwards	—			1.0
Postretirement and other employee benefits	—			9.9
Accumulated depreciation and amortization	—			(12.2		)
Valuation allowances	(9.8		)	(18.7		)
Other	1.0			11.3
Net noncurrent deferred income tax assets	$	—		$	10.5
Noncurrent deferred income tax liabilities attributable to:
Accumulated depreciation and amortization	$	(74.3	)	$	(51.4	)
Operating loss carryforwards	14.3			18.6
Valuation allowance	(7.5		)	—
Postretirement and other employee benefits	13.1			5.4
Basis difference of acquired intangible assets	(29.9		)	—
Other	3.4			(1.0		)
Net noncurrent deferred income tax liabilities	$	(80.9	)	$	(28.4	)

The net noncurrent deferred income tax assets relate to the U.S. tax jurisdiction and the net noncurrent deferred income tax liabilities relate to the U.S, China, France, Brazil, Poland and Canada tax jurisdictions. Net deferred tax assets in Brazil, the Philippines and Spain tax jurisdictions are fully reserved by valuation allowances. Total deferred income tax assets were $43.1 million and $74.7 million at December 31, 2013 and 2012, respectively. Total deferred income tax liabilities were $113.9 million and $79.1 million at December 31, 2013 and 2012, respectively.

The net operating loss carryforward balances, or NOLs, were primarily generated due to operating losses incurred in Brazil and as a result of lower operating earnings together with substantial restructuring expenses incurred in Brazil and France. Also, NOLs have been generated since 2003 by the SMH tax group in France and by SM-Spain since its formation in 1997.

As of December 31, 2013 the Company had approximately $68.8 million of operating loss carryforwards available to reduce future taxable income. Under current tax laws, remaining NOLs in France and Brazil carry forward indefinitely, NOLs in Spain expire 15 years subsequent to the year generated, and NOLs in the Philippines expire 3 years subsequent to year generated. NOLs of approximately $12.3 million will expire from 2015 to 2026 in Spain and $14.9 million will expire in 2014 and 2015 in the Philippines if not utilized against taxable income. The remaining $17.2 million and $24.4 million of NOLs are related to France and Brazil, respectively, and have no expiration date.

The Company's deferred tax asset valuation allowances are primarily the result of uncertainties regarding the future realization of recorded tax benefits on tax loss carryforwards for certain entities. The valuation allowance on deferred tax assets associated with NOLs in Spain totaled $4.3 million as of December 31, 2013, fully reserving the related deferred tax asset. The valuation allowances in Brazil and the Philippines totaled $8.7 million and $5.5 million, respectively, fully reserving the net deferred tax asset balances. The Company's assumptions, judgments and estimates relative to the valuation of these net deferred tax assets take into account available positive and negative evidence of realizability, including recent financial performance, the ability to realize benefits of restructuring and other recent actions, projections of the amount and category of future taxable income and tax planning strategies. Actual future operating results and the underlying amount and category of income in future periods could differ from the Company's current assumptions, judgments and estimates. Tax planning strategies have been implemented in France and the Company believes that deferred tax assets associated with the NOLs in France are fully realizable. The Company believes that it will generate sufficient future taxable income to realize the tax benefits related to the remaining net deferred tax assets.

The Company was granted certain tax incentives in Poland for investment in a special economic zone. These incentives are in the form of credits granted in 2011 that will offset future qualified taxable income. Based on granted incentives, commitments achieved, including maintaining certain employment levels, and qualified investment through December 31, 2013, the Company has a $2.3 million net deferred tax asset at December 31, 2013, net of amounts utilized in 2013, 2012 and 2011. At December 31, 2013, the net deferred tax assets in Poland were partially reserved with a valuation allowance of $1.1 million due to an expected change in our Polish entity's taxable status in early 2014.

In addition to its NOLs and incentive tax credits, the Company has certain U.S. state credits, primarily for investments in long-lived assets in those states at December 31, 2013. Estimated various U.S. state credits totaled $0.7 million as of December 31, 2013, of which the Company has estimated that none of these credits will be realized prior to their expiration and thus have a valuation allowance of $0.7 million at December 31, 2013. The Company expects to fully realize foreign tax credits of $1.1 million at December 31, 2013.

The following table summarizes the activity related to the Company's unrecognized tax benefits related to income taxes ($ in millions):



	December 31, 2013
Uncertain tax position balance at beginning of year	$	1.8
Increases related to current year tax positions	—
Uncertain tax position balance at end of year	$	1.8

All unrecognized tax positions would impact the Company's effective tax rate if recognized. The Company’s policy with respect to penalties and interest in connection with income tax assessments or related to unrecognized tax benefits is to classify penalties as provision for income taxes and interest as interest expense in its consolidated income statement. There were no material income tax penalties or interest accrued during the years ended December 31, 2013, 2012 or 2011.

The Company files income tax returns in the U.S. Federal and several state jurisdictions as well as in many foreign jurisdictions. With certain exceptions, the Company is no longer subject to U.S. Federal, state and local, or foreign income tax examinations for years before 2010.