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Income Taxes
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes 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 thousands202220212020
Current taxes   
Federal$(801)$(570)$(4,989)
State239 584 166 
Foreign14,309 20,561 18,470 
13,747 20,575 13,647 
Deferred taxes and other
Federal(33)(1,159)540 
State477 234 (1,183)
Foreign(24,466)(12,694)(1,428)
(24,022)(13,619)(2,071)
Income tax provision (benefit)$(10,275)$6,956 $11,576 
The following are the domestic and foreign components of pretax income (loss) from continuing operations:
Year ended December 31,
In thousands202220212020
United States$(63,421)$(44,682)$(35,696)
Foreign(140,971)58,359 68,055 
Total pretax income (loss)$(204,392)$13,677 $32,359 
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,
202220212020
    
Federal income tax provision at statutory rate21.0 %21.0 %21.0 %
State income taxes, net of federal income tax benefit(0.6)2.7 0.6 
Foreign income tax rate differential(5.4)(3.3)3.4 
Tax effect of tax credits0.1 (0.1)(10.2)
Provision for (resolution of) tax matters(1.4)23.6 12.4 
Rate changes due to enacted legislation(0.1)15.3 0.7 
Change in reinvestment assertion— 26.4 — 
Effect of U.S. tax law change(0.2)2.8 (21.5)
Income inclusions from foreign subsidiaries(0.6)18.7 7.1 
Stock-based compensation0.7 3.9 1.4 
Nondeductible officer's compensation(0.3)3.9 1.0 
Valuation allowance(15.2)(3.1)11.7 
Tax effect of U.S. impairment(1.5)— — 
Recognition of non-U.S. intangible tax basis— (78.1)— 
Capitalized transaction costs— 8.9 — 
Pension termination, settlement and related— — 5.4 
Prior year adjustments9.3 7.1 4.5 
Other(0.7)1.2 (1.7)
Actual tax rate5.1 %50.9 %35.8 %
The lower income tax rate in the year ended December 31, 2022 was largely impacted by the $119.0 million goodwill impairment charge (refer to Note 6), and operating losses in the U.S. and Spunlace operations in France, for which no tax benefit was recorded.
The effective income tax rate for the year ended December 31, 2021 was unfavorably impacted by operating losses in the U.S., restructuring and other non-recurring costs for which no tax benefit was recorded.
The sources of deferred income taxes were as follows at December 31:
In thousands20222021
Reserves$1,489 $1,060 
Environmental3,562 3,970 
Compensation2,687 1,920 
Pension2,323 4,479 
Post-retirement benefits795 1,210 
Research & development expenses5,986 4,239 
Inventories1,984 — 
Tax carryforwards61,828 45,729 
Interest limitation carryforwards9,854 2,444 
Other1,689 — 
Deferred tax assets92,197 65,051 
Valuation allowance(52,960)(24,526)
Net deferred tax assets39,237 40,525 
Property(79,164)(93,164)
Intangible assets(1,549)(14,063)
Inventories— (37)
Other(3,591)(5,201)
Deferred tax liabilities(84,304)(112,465)
Net deferred tax liabilities$(45,067)$(71,940)
Non-current deferred tax assets and liabilities are included in the following balance sheet captions:
December 31,
In thousands20222021
Other assets$9,321 $15,345 
Deferred income taxes54,388 87,285 
At December 31, 2022, we had federal, state and foreign tax net operating loss (“NOL”) carryforwards of $79.8 million, $193.6 million, and $127.5 million, respectively. These NOL carryforwards are available to offset future taxable income. $0.8 million of the federal NOL carryforward expires in 2037.The remaining $79.0 million of the federal NOL has an indefinite carryforward and never expires. The state NOL carryforwards expire at various times and in various amounts beginning in 2023. 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 $14.9 million which begin to expire in 2035 and state tax credit carryforwards totaling $3.0 million, which begin to expire in 2028.
As of December 31, 2022 and 2021, we had a valuation allowance of $53.0 million and $24.5 million, respectively, against net deferred tax assets, primarily due to uncertainty regarding the ability to utilize federal, state and foreign tax NOL carryforwards, federal and foreign interest limitation 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 $0.7 million, $0.0 million and $3.3 million in 2022, 2021 and 2020, respectively, related to research and development credits.
At December 31, 2022 and 2021, unremitted earnings of certain subsidiaries outside the United States deemed to be indefinitely reinvested totaled $130.0 million and $107.0 million, respectively. Because the unremitted earnings of those subsidiaries are deemed to be indefinitely reinvested as of December 31, 2022 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. In 2021, we designated unremitted earnings of a subsidiary as not indefinitely reinvested. As of December 31, 2022, we have $2.6 million of deferred tax liabilities recorded with regard to the unremitted earnings of that subsidiary.
As of December 31, 2022, 2021 and 2020, we had $56.5 million, $55.7 million and $46.3 million of gross unrecognized tax benefits, respectively. As of December 31, 2022, if such benefits were to be recognized, approximately $53.0 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 thousands202220212020
Balance at January 1$55,660 $46,259 $30,458 
Increases in tax positions for prior years— 38 13,866 
Decreases in tax positions for prior years(995)(638)(72)
Acquisition related:
Purchase Accounting— 12,718 — 
Increases in tax positions for current year3,644 3,683 4,400 
Settlements— — (1,101)
Lapse in statutes of limitation(1,803)(6,400)(1,292)
Balance at December 31
$56,506 $55,660 $46,259 
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
Federal2014, 2015; 2019 - 2022N/A
State2018 - 2022N/A
Canada(1)
2015 - 2020, 20222021
Germany(1)
2020 - 20222016 - 2019
France2020 - 2022N/A
United Kingdom2021 - 2022N/A
Philippines2020 - 20222019
(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 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 may decrease within the next twelve months by a range of zero to $8.4 million. The majority of this range relates to tax positions taken in foreign jurisdictions.
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:
As of or for the year ended December 31,
In thousands202220212020
Accrued interest payable$4,767 $3,947 $1,792 
Accrued penalties2,975 3,020 — 
Interest expense 820 974 927