
	2020		2019		2018
Current
Federal	$	(4,050)	$	(4,599)	$	(2,379)
State	326		622		(65)
Foreign	13,677		9,752		11,497
	9,953		5,775		9,053
Deferred
Federal	—		—		—
State	—		—		—
Foreign	(3,007)		(2,300)		(2,291)
	(3,007)		(2,300)		(2,291)
Income tax provision	$	6,946	$	3,475	$	6,762

The income tax provision differs from the amount of income tax determined by applying the statutory U.S. federal income tax rate to pre-tax (loss) income as a result of the following:


	2020		2019		2018
Statutory U.S. federal tax rate	21.0	%	21.0	%	21.0	%
Unrecognized tax positions	5.9		6.1		(12.4)
Impact of foreign income	(8.2)		(2.2)		(8.8)
Valuation allowance	(38.4)		(29.0)		(0.2)
State taxes, net	(0.7)		(0.9)		0.3


Nondeductible royalty	(1.2)		(1.5)		3.8
Tax Cuts and Jobs Act	—		—		26.6
Sale of investment	8.7		—		—
Other, net	1.0		(0.7)		3.8
Effective tax rate	(11.9)	%	(7.2)	%	34.1	%

The effective tax rate for the year ended December 31, 2020, was (11.9)% compared to (7.2)% for the year ended December 31, 2019. For 2020 and 2019, the Company recorded a pre-tax loss and had a negative effective tax rate which represents tax expense in the consolidated financial statements.

In jurisdictions where the Company operates its businesses, management analyzes the ability to utilize its deferred tax assets arising from losses in its cyclical business. The Company continues to record a valuation allowance in several jurisdictions, including the U.S., various U.S. states, Italy, Australia, and Luxembourg as these amounts remain more likely than not that the deferred tax assets would not be utilized. The Company recorded a valuation allowance of $22.3 million and $13.9 million on the net deferred tax asset in 2020 and 2019, respectively. This amount is primarily related to net operating losses generated from operations in these certain countries.

The Company is involved in various tax matters, for some of which the outcome is uncertain. The Company believes that it has adequate tax reserves to address open tax matters acknowledging that the outcome and timing of these events are uncertain.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities at December 31, 2020 and 2019, were as follows (amounts in thousands):


	2020		2019
Deferred tax assets:
Net operating loss carryforwards	$	151,597	$	129,599
Pension	3,904		5,026

Inventory	6,758		6,673
Warranty	5,648		4,004
Employee benefits and related costs	9,819		8,255


Prepaid royalties	3,755		4,092

Interest limitation	16,067		11,067
Lease liability	7,734		7,164
Other	19,633		17,847
Deferred tax assets	224,915		193,727
Deferred tax liabilities:
Fixed assets	(15,603)		(21,846)
Intangible assets	(1,012)		(3,136)
Lease assets	(7,759)		(7,047)
Other	(2,669)		(1,359)
Deferred tax liabilities	(27,043)		(33,388)
Subtotal	197,872		160,339
Valuation allowance	(199,176)		(164,680)
Net deferred tax liability	$	(1,304)	$	(4,341)

As of December 31, 2020 and 2019, certain tax loss carryforwards of $151.6 million and $129.6 million were available with $3.3 million expiring between 2020 and 2025 and $148.3 million expiring after 2025. At December 31, 2020, a valuation allowance of $199.2 million has been established. The net change in the valuation allowance was $34.5 million and $13.1 million for 2020 and 2019, respectively. The majority of the valuation allowance is related to deferred tax assets in the U.S., Italy, Australia, and Luxembourg.

The Company has $193.2 million of Federal net operating loss carryforward, a portion of which expires starting in 2034. Additionally, the Company has $299.1 million of state net operating losses and $378.1 million of foreign loss carryforwards.

The Tax Cuts and Jobs Act was enacted on December 22, 2017. The Tax Cuts and Jobs Act included a number of changes in existing tax law impacting businesses, including a one-time deemed repatriation of cumulative undistributed foreign earnings and a permanent reduction in the U.S. federal statutory rate from 35% to 21%, effective on January 1, 2018. Under U.S. GAAP, changes in tax rates and tax law are accounted for in the period of enactment and deferred tax assets and liabilities are re-measured at the enacted tax rate. The re-measured U.S. net deferred asset was fully offset by a change in the valuation allowance. The Company’s net cumulative undistributed foreign earnings were a cumulative loss and therefore no additional income tax expense related to the one-time deemed repatriation toll charge was recorded in 2017.

As a result of the Tax Cuts and Jobs Act, the Company can repatriate future foreign earnings back to the U.S. when needed with minimal additional taxes other than state income and foreign withholding tax. The Company has not changed its indefinite reinvestment assertion in light of the Tax Cuts and Jobs Act and has not accrued any potential incremental taxes which could be incurred if any foreign earnings are repatriated. The Company has not calculated the potential foreign withholding taxes as the Company does not expect to repatriate those earnings.

On December 27, 2020 the Consolidated Appropriations Act of 2021 (“the Appropriations Act”) was signed into law. The Appropriations Act, among other things includes provisions related to the deductibility of PPP expenses paid with PPP loan proceeds, payroll tax credits, modifications to the meals and entertainment deduction, increased limitations on charitable deductions for corporate taxpayers, and enhancements of expiring tax “extender” provisions. The Company has completed its assessment of the impact of the legislation, and there is no significant impact to the consolidated financial statements.

The Company or one of its subsidiaries files income tax returns in the U.S., Federal and State, and various foreign jurisdictions. The Company’s major locations are in the U.S., Italy, Australia, Russia, and Brazil. Open tax years for the U.S. are from 2017-2020, for Italy open tax years are from 2015-2020, and for Russia open tax years are from 2017-2020. Australia has open tax years from 2016-2020 and Brazil has open tax years from 2014-2020.

The Company has applied the provisions of ASC 740, “Income Taxes” related to unrecognized tax benefits. At December 31, 2020, 2019, and 2018, the unrecognized tax benefits were $0.8 million, $4.5 million, and $8.9 million, respectively. As of December 31, 2020, $0.8 million of unrecognized tax benefits would have affected income tax expense if the tax benefits were recognized. The majority of the accrual in unrecognized tax benefits relates to potential state tax exposures. Although management cannot predict with any degree of certainty the timing of ultimate resolution of matters under review by various taxing jurisdictions, it is possible that the Company’s gross unrecognized tax benefits balance will decrease by approximately $0.6 million within the next twelve months.


	2020		2019		2018
Balance at January 1	$	4,097	$	7,406	$	9,365
Increases to tax positions taken during the current year	—		—		19
Increases to tax positions taken during the prior years	13		973		—
Decreases to tax positions taken during prior years	—		(350)		(1,336)
Decreases due to lapse of statutes of limitations	(3,099)		(3,429)		(637)
Settlements	—		(506)		—
Foreign exchange	1		3		(5)
Balance at December 31	$	1,012	$	4,097	$	7,406

The Company accrues interest and penalties related to unrecognized tax benefits in income tax expense. The amount of interest and penalties related to unrecognized tax benefits recorded in income tax expense was $(1.1) million, $(1.0) million, and $(0.5) million at December 31, 2020, 2019 and 2018. The reconciliation of unrecognized tax benefits above does not include accrued interest and penalties of $0.3 million, $1.4 million, and $2.4 million, at December 31, 2020, 2019, and 2018, respectively.