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Income Tax
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Tax

 

23.

INCOME TAX

Income (loss) before income tax is comprised of the following:

 

 

 

Year ended

December 31,

2019

 

 

Year ended

December 31,

2018

 

 

Year ended

December 31,

2017

 

Income (loss) recorded in The Netherlands

 

 

(9

)

 

 

(13

)

 

 

(17

)

Income (loss) from foreign operations

 

 

1,198

 

 

 

1,402

 

 

 

970

 

Income (loss) before income tax benefit (expense)

 

 

1,189

 

 

 

1,389

 

 

 

953

 

 

STMicroelectronics N.V.  and its subsidiaries are individually liable for income taxes in their jurisdictions.  Tax losses can only offset profits generated by the taxable entity incurring such loss.

Income tax benefit (expense) is comprised of the following:

 

 

 

Year ended

December 31,

2019

 

 

Year ended

December 31,

2018

 

 

Year ended

December 31,

2017

 

The Netherlands Taxes - current

 

 

 

 

 

 

 

 

(1

)

Foreign taxes - current

 

 

(131

)

 

 

(114

)

 

 

(101

)

Total current taxes

 

 

(131

)

 

 

(114

)

 

 

(102

)

The Netherlands Taxes - deferred

 

 

 

 

 

 

 

 

 

Foreign taxes - deferred

 

 

(25

)

 

 

18

 

 

 

(41

)

Total deferred taxes

 

 

(25

)

 

 

18

 

 

 

(41

)

Income tax benefit (expense)

 

 

(156

)

 

 

(96

)

 

 

(143

)

Effective tax rate

 

 

13

%

 

 

7

%

 

 

15

%

 

The principal items comprising the differences in income taxes computed at the Netherlands statutory rate of 25.0% in 2019, 2018 and 2017, and the effective income tax rate are the following:

 

 

 

Year ended

December 31,

2019

 

 

Year ended

December 31,

2018

 

 

Year ended

December 31,

2017

 

Income tax benefit (expense) computed at

   statutory rate

 

 

(297

)

 

 

(353

)

 

 

(238

)

Non-deductible and non-taxable permanent

   differences, net

 

 

4

 

 

 

45

 

 

 

17

 

Income (loss) on equity-method investments

 

 

 

 

 

 

 

 

 

Valuation allowance adjustments

 

 

2

 

 

 

141

 

 

 

92

 

Effect on deferred taxes of changes in enacted

   tax rates

 

 

14

 

 

 

(62

)

 

 

(70

)

Current year credits

 

 

50

 

 

 

43

 

 

 

40

 

Other tax and credits

 

 

(51

)

 

 

(20

)

 

 

(36

)

Benefits from tax holidays

 

 

129

 

 

 

135

 

 

 

114

 

Net impact of changes to uncertain tax positions

 

 

(5

)

 

 

(16

)

 

 

(43

)

Earnings of subsidiaries taxed at different rates

 

 

(2

)

 

 

(9

)

 

 

(19

)

Income tax benefit (expense)

 

 

(156

)

 

 

(96

)

 

 

(143

)

 

The tax holidays represent a tax exemption period aimed to attract foreign technological investment in certain tax jurisdictions.  The effect of the tax benefits, from tax holidays for countries which are profitable, on basic earnings per share was $0.14, $0.15 and $0.13 for the years ended December 31, 2019, 2018, and 2017, respectively.  These agreements are present in various countries and include programs that reduce up to and including 100% of taxes in years affected by the agreements.  The Company’s tax holidays expire at various dates through the year ending December 31, 2028.  In certain countries, tax holidays can be renewed depending on the Company still meeting certain conditions at the date of expiration of the current tax holidays.

In May 2019, Switzerland voted a tax reform which cancelled all favourable tax regimes and introduced a single tax rate for all companies, which triggered the revaluation of all deferred tax assets and liabilities.  Enactment of this law occurred in third quarter of 2019, which resulted in a tax benefit of $20 million.  The remeasurement of deferred taxes was reconciled in the fourth quarter of 2019 to include the current year activity, which did not have a material impact on the net remeasurement.

Deferred tax assets and liabilities consisted of the following:

 

 

 

December 31,

2019

 

 

December 31,

2018

 

Tax loss carryforwards and investment credits

 

 

612

 

 

 

603

 

Less unrecognized tax benefit

 

 

(21

)

 

 

(20

)

Tax loss carryforwards net of unrecognized tax

   benefit

 

 

591

 

 

 

583

 

Inventory valuation

 

 

28

 

 

 

28

 

Impairment and restructuring charges

 

 

6

 

 

 

14

 

Fixed asset depreciation in arrears

 

 

39

 

 

 

35

 

Increased depreciation incentives

 

 

213

 

 

 

211

 

Capitalized development costs

 

 

118

 

 

 

108

 

Receivables for government funding

 

 

14

 

 

 

11

 

Tax credits granted on past capital investments

 

 

1,151

 

 

 

1,155

 

Pension service costs

 

 

81

 

 

 

65

 

Stock awards

 

 

6

 

 

 

7

 

Operating lease liabilities

 

 

40

 

 

 

 

Commercial accruals

 

 

15

 

 

 

12

 

Other temporary differences

 

 

22

 

 

 

26

 

Total deferred tax assets

 

 

2,324

 

 

 

2,255

 

Valuation allowances

 

 

(1,534

)

 

 

(1,548

)

Deferred tax assets, net

 

 

790

 

 

 

707

 

Accelerated fixed asset depreciation

 

 

(20

)

 

 

(16

)

Acquired intangible assets

 

 

(16

)

 

 

(13

)

Advances of government funding

 

 

(31

)

 

 

(12

)

Operating lease right-of-use assets

 

 

(40

)

 

 

 

Other temporary differences

 

 

(7

)

 

 

(7

)

Deferred tax liabilities

 

 

(114

)

 

 

(48

)

Net deferred income tax asset

 

 

676

 

 

 

659

 

 

For a particular tax-paying component of the Company and within a particular tax jurisdiction, all current deferred tax liabilities and assets are offset and presented as a single amount, similarly to non-current deferred tax liabilities and assets.  The Company does not offset deferred tax liabilities and assets attributable to different tax-paying components or to different tax jurisdictions.

The net deferred tax assets are recorded in legal entities which have been historically profitable and are expected to be profitable in the next coming years.

As of December 31, 2019, the Company and its subsidiaries have gross deferred tax assets on tax loss carryforwards and investment credits that expire starting 2020, as follows:

 

Year

 

 

 

 

2020

 

15

 

2021

 

 

3

 

2022

 

 

7

 

2023

 

 

4

 

2024

 

 

3

 

Thereafter

 

 

580

 

Total

 

 

612

 

 

The “Tax credits granted on past capital investments” mainly related to a 2003 agreement granting the Company certain tax credits for capital investments purchased through the year ending December 31, 2006.  Any unused tax credits granted under the agreement will be impacted yearly by a legal inflationary index (currently -0.18% per annum).  The credits may be utilized through 2020 or later depending on the Company meeting certain program criteria.  In addition to this agreement, starting in 2007 the Company continues to receive tax credits on the yearly capital investments, which may be used to offset that year’s tax liabilities and increases by the legal inflationary rate.  However, pursuant to the inability to utilize these credits currently and in future years, the Company did not recognize any deferred tax asset on such tax allowance.  As a result, there is no financial impact to the net deferred tax assets of the Company.

The amounts of deferred tax benefit (expense) recorded as a component of other comprehensive income (loss) was $6 million in 2019 and $7 million in 2018, respectively.  They were related primarily to the tax effects of the recognized unfunded status on defined benefits plan.

The cumulative amount of distributable earnings related to the Company’s investments in foreign subsidiaries and corporate joint ventures was $3,628 million and $2,863 million as at December 31, 2019 and December 31, 2018, respectively.  Due to the Company’s legal and tax structure, with the parent company established in the Netherlands, there was no significant tax impact from the distribution of earnings from investments in foreign subsidiaries and corporate joint ventures.  This is because there is no tax impact on dividends paid up to a Dutch holding company.

A reconciliation of 2019, 2018 and 2017 beginning and ending amounts of unrecognized tax benefits is as follows:

 

 

 

December 31,

2019

 

 

December 31,

2018

 

 

December 31,

2017

 

Balance at beginning of year

 

 

38

 

 

 

333

 

 

 

258

 

Additions based on tax positions related to the

   current year

 

 

7

 

 

 

43

 

 

 

43

 

Additions based on acquisitions related to the current year

 

 

5

 

 

 

 

 

 

 

Additions for tax positions of prior years

 

 

1

 

 

 

8

 

 

 

12

 

Reduction for tax positions of prior years

 

 

(1

)

 

 

(310

)

 

 

(9

)

Settlements

 

 

(2

)

 

 

(18

)

 

 

(2

)

Prepayment / Refund

 

 

 

 

 

 

 

 

 

Reductions due to lapse of statute of limitations

 

 

 

 

 

 

 

 

 

Foreign currency translation

 

 

 

 

 

(18

)

 

 

31

 

Balance at end of year

 

 

48

 

 

 

38

 

 

 

333

 

 

At December 31, 2019 and 2018, $21 million and $20 million, respectively, of unrecognized tax benefits were classified as a reduction of deferred tax assets.  The finalisation in the fourth quarter of 2018 of pending tax litigations triggered the reversal of uncertain tax positions in major tax jurisdictions for a total amount of $310 million.  It is reasonably possible that certain of the uncertain tax positions disclosed in the table above could increase within the next 12 months due to ongoing tax audits.  The Company is not able to make an estimate of the range of the reasonably possible change.

Additionally, the Company elected to classify accrued interest and penalties related to uncertain tax positions as components of income tax expense in the consolidated statements of income, they were less than $1 million in 2019, $1 million in 2018, less than $1 million in 2017, $1 million in 2016, $1 million in 2015, $27 million in 2014 and not material in the previous years.  Accrued interest and penalties amounted to $6 million at December 31, 2019 and $5 million at December 31, 2018.

The tax years that remain open for review in the Company’s major tax jurisdictions, including France, Italy, United States and India, are from 1997 to 2019.