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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes
11.    INCOME TAXES
Income taxes are recognized for the amount of taxes payable or refundable for the current year and deferred tax liabilities and assets for the future tax consequences of events that have been recognized in our consolidated financial statements or tax returns. The effects of income taxes are measured based on enacted tax laws and rates.
The provision for (benefit from) income taxes from continuing operations consisted of the following:
Year ended December 31,
In thousands202120202019
Current taxes   
Federal$(570)$(4,989)$(419)
State584 166 134 
Foreign20,561 18,470 14,014 
20,575 13,647 13,729 
Deferred taxes and other
Federal(1,159)540 (20,448)
State234 (1,183)(4,105)
Foreign(12,694)(1,428)1,582 
(13,619)(2,071)(22,971)
Income tax provision (benefit)$6,956 $11,576 $(9,242)
The following are the domestic and foreign components of pretax income (loss) from continuing operations:
Year ended December 31,
In thousands202120202019
United States$(44,682)$(35,696)$(107,455)
Foreign58,359 68,055 73,002 
Total pretax income (loss)$13,677 $32,359 $(34,453)
The following table sets forth a reconciliation of the statutory federal income tax rate to our actual effective tax rate for continuing operations.
Year ended December 31,
202120202019
    
Federal income tax provision at statutory rate21.0 %21.0 %21.0 %
State income taxes, net of federal income tax benefit2.7 0.6 3.7 
Foreign income tax rate differential(3.3)3.4 2.0 
Tax effect of tax credits(0.1)(10.2)8.2 
Provision for (resolution of) tax matters23.6 12.4 (8.0)
Rate changes due to enacted legislation15.3 0.7 0.1 
Change in reinvestment assertion26.4 — — 
Effect of U.S. tax law change2.8 (21.5)— 
Global Intangible Low-Taxed Income18.7 7.1 (9.4)
Stock-based compensation3.9 1.4 (1.0)
Nondeductible officer's compensation3.9 1.0 (0.7)
Valuation allowance(3.1)11.7 4.3 
Recognition of non-U.S. intangible tax basis(78.1)— — 
Capitalized transaction costs8.9 — — 
Pension termination, settlement and related— 5.4 5.0 
Prior year adjustments7.1 4.5 1.8 
Other1.2 (1.7)(0.2)
Actual tax rate50.9 %35.8 %26.8 %
The effective income tax rate for the year ended December 31, 2021 was unfavorably impacted by operating losses in the U.S. which generated no tax benefit, $25.6 million of restructuring and other non-recurring costs for which no tax benefit was recorded, and a $3.6 million tax charge related to unremitted earnings of a foreign subsidiary, offset in part by a $10.7 million benefit recorded in connection with the recognition of an intangible asset at a foreign subsidiary.
The sources of deferred income taxes were as follows at December 31:
In thousands20212020
Reserves$1,060 $685 
Environmental3,970 4,481 
Compensation1,920 2,415 
Pension4,479 4,279 
Post-retirement benefits1,210 1,388 
Research & development expenses4,239 3,092 
Tax carryforwards45,729 16,703 
Other2,444 5,714 
Deferred tax assets65,051 38,757 
Valuation allowance(24,526)(23,305)
Net deferred tax assets40,525 15,452 
Property(93,164)(70,492)
Intangible assets(14,063)(18,808)
Inventories(37)— 
Other(5,201)(3,282)
Deferred tax liabilities(112,465)(92,582)
Net deferred tax liabilities$(71,940)$(77,130)
Non-current deferred tax assets and liabilities are included in the following balance sheet captions:
December 31,
In thousands20212020
Other assets$15,345 $1 
Deferred income taxes87,285 77,131 
At December 31, 2021, we had federal, state and foreign tax net operating loss (“NOL”) carryforwards of $98.7 million, $198.8 million, and $40.2 million, respectively. These NOL carryforwards are available to offset future taxable income, if any. $6.2 million of the federal NOL carryforward expires in 2037; the residual $92.5 million of the federal NOL never expires. The state NOL carryforwards expire at various times and in various amounts beginning in 2022. Certain foreign NOL carryforwards begin to expire after 2025.
The federal and state NOL carryforwards on the income tax returns filed included unrecognized tax benefits taken in prior years. The deferred tax assets recognized for financial statement purposes for such NOL carryforwards are presented net of these unrecognized tax benefits.
In addition, we had various federal tax credit carryforwards totaling $14.2 million which begin to expire after 2034 and state tax credit carryforwards totaling $3.4 million, which begin to expire in 2028.
As of December 31, 2021 and 2020, we had a valuation allowance of $24.5 million and $23.3 million, respectively, against net deferred tax assets, primarily due to uncertainty regarding the ability to utilize federal, state and foreign tax NOL carryforwards and certain state tax credits. In assessing the need for a valuation allowance, management considers all available positive and negative evidence in its analysis. Based on this analysis, we recorded a valuation allowance for the portion of deferred tax assets where the weight of available evidence indicated it is more likely than not that the deferred tax assets will not be realized.
Tax credits and other incentives reduce tax expense in the year the credits are claimed. We recorded tax credits of $0.0 million, $3.3 million and $2.8 million in 2021, 2020 and 2019, respectively, related to research and development credits.
At December 31, 2021 and 2020, unremitted earnings of certain subsidiaries outside the United States deemed to be indefinitely reinvested totaled $107.0 million and $109.0 million, respectively. Because the unremitted earnings of those subsidiaries are deemed to be indefinitely reinvested as of December 31, 2021 and because we have no need for or plans to repatriate such earnings, no deferred tax liability has been recognized in our consolidated financial statements with regard to those subsidiaries. During 2021, we designated unremitted earnings of a subsidiary as not indefinitely reinvested, and as a result, recorded a $3.6 million deferred tax charge with regard to the unremitted earnings of that subsidiary.
As of December 31, 2021, 2020 and 2019, we had $55.7 million, $46.3 million and $30.5 million of gross unrecognized tax benefits, respectively. As of December 31, 2021, if such benefits were to be recognized, approximately $51.1 million would be recorded as a component of income tax expense, thereby affecting our effective tax rate.
A reconciliation of the beginning and ending balances of the total amounts of gross unrecognized tax benefits is as follows:
In thousands202120202019
Balance at January 1$46,259 $30,458 $29,620 
Increases in tax positions for prior years38 13,866 2,803 
Decreases in tax positions for prior years(638)(72)(2,892)
Acquisition related:
Purchase Accounting12,718 — — 
Increases in tax positions for current year3,683 4,400 4,552 
Settlements— (1,101)(309)
Lapse in statutes of limitation(6,400)(1,292)(3,316)
Balance at December 31
$55,660 $46,259 $30,458 
We, or one of our subsidiaries, file income tax returns with the United States Internal Revenue Service, as well as various state and foreign authorities. The following table summarizes tax years that remain subject to examination by major jurisdiction:
Open Tax Years
Jurisdiction
Examinations not
yet initiated
Examination in
progress
United States
Federal
2014, 2015;
2018 - 2021
N/A
State2017 - 2021N/A
Canada(1)
2014 - 2018; 2021
2019 - 2020
Germany(1)
2020 - 20212016 - 2019
France
2019 - 2021
N/A
United Kingdom
2020 - 2021
N/A
Philippines
2020 - 2021
2018, 2019
(1)Includes provincial or similar local jurisdictions, as applicable.
The amount of income taxes we pay is subject to ongoing audits by federal, state and foreign tax authorities, which often result in proposed assessments. Management performs a comprehensive review of its global tax positions on a quarterly basis and accrues amounts for uncertain tax positions. Based on these reviews and the result of discussions and resolutions of matters with certain tax authorities and the closure of tax years subject to tax audit, reserves are adjusted as necessary. However, future results may include favorable or unfavorable adjustments to our estimated tax liabilities in the period the assessments are determined or resolved or as such statutes are closed. Due to potential for resolution of federal, state and foreign examinations, and the expiration of various statutes of limitation, it is reasonably possible our gross unrecognized tax benefits balance may decrease within the next twelve months by a range of zero to $1.7 million. The majority of this range relates to tax positions taken in Canada and the U.S.
We recognize interest and penalties related to uncertain tax positions as income tax expense. The following table summarizes information related to interest and penalties on uncertain tax positions. $3.0 million of penalty accruals and $1.2 million of interest accruals were recorded in 2021 through purchase accounting:
As of or for the year ended December 31,
In thousands202120202019
Accrued interest payable$3,947 $1,792 $424 
Interest expense (income)974 927 (649)
Penalties3,020 — —