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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes
Note 4: Income Taxes
For income tax purposes, the domestic and foreign components of (Loss) income from continuing operations before income taxes were as follows:

Year Ended
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
December 26,
2020
Domestic$(79.4)$(66.5)$(64.4)
Foreign78.7 263.4 274.8 
Income before income taxes$(0.7)$196.9 $210.4 

The domestic and foreign components of (Loss) income from continuing operations before income taxes reflect adjustments as required under certain advanced pricing agreements and exclude repatriation of foreign earnings to the United States.
The provisions for current and deferred taxes are summarized as follows:

Year Ended
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
December 26,
2020
United States$3.0 $3.4 $8.3 
International39.2 67.5 76.5 
State and local(0.1)1.9 0.1 
Current provision for income taxes42.1 72.8 84.9 
United States120.7 (24.8)3.1 
International76.3 2.5 (2.4)
State and local7.1 (4.6)2.0 
Deferred provision for income taxes204.1 (26.9)2.7 
Provision for income taxes$246.2 $45.9 $87.6 

A reconciliation of the provision for income taxes and income taxes computed using the United States federal statutory rate were as follows:

Year Ended
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
December 26,
2020
Provision for income taxes using statutory rate$(0.2)$41.4 $44.2 
Foreign rate differential19.8 11.9 15.1 
Changes in valuation allowances for deferred tax assets191.5 (33.7)14.2 
Accrued withholding tax on unrepatriated earnings12.3 0.8 0.5 
Global intangible low-taxed income and other foreign inclusions, net of credits14.9 1.6 10.0 
Foreign direct taxes in excess of credits3.1 2.6 6.1 
Impact of equity based compensation1.3 2.3 1.6 
Foreign-derived intangible income, benefit— (6.8)— 
Impact of changes in tax legislation— 4.4 (7.9)
Hedging Activity(0.5)3.0 (0.8)
State taxes(0.9)(1.3)2.9 
Unrecognized tax benefits(1.7)15.7 0.4 
Impairment of goodwill and intangible assets7.5 2.7 — 
Other(0.9)1.3 1.3 
Provision for income taxes$246.2 $45.9 $87.6 

The effective tax rate was:

Year Ended
December 31,
2022
December 25,
2021
December 26,
2020
Effective tax rate35,171.4 %23.3 %41.6 %

The change in effective tax rate in 2022 from 2021 was primarily due to:

unfavorable impact of recording a full valuation allowance against all deferred tax assets as a result of the Company’s conclusion that the assets are no longer more likely than not to be realized given the uncertainties around the Company’s liquidity, ability to execute its Turnaround Plan, and ability to comply with covenants,
unfavorable impact from recording $12.3 million of deferred tax costs for removing the indefinite reinvestment assertion as a result of the Company’s liquidity constraints and associated need to repatriate cash where possible,
unfavorable jurisdictional mix of earnings, and
increased losses in United States that currently have no tax benefit.

The change in effective tax rate in 2021 from 2020 was due to:

favorable impact from the utilization of previously valued deferred tax assets due to a tax policy change discussed further below
favorable jurisdictional mix of earnings
partially offset by losses in the United States that currently have no tax benefit

The provision for income taxes includes the recognition of an additional valuation allowance on deferred tax assets of $179.4 million in the fourth quarter of 2022 for a total valuation allowance of $357.6 million as of December 31, 2022. In the fourth quarter of 2022, due to liquidity constraints and deteriorating forecasts, the Company reevaluated the carrying value of its deferred tax assets. The Company subsequently completed the Debt Restructuring Agreement in 2023 before the issuance of these Consolidated Financial Statements, which provides additional flexibility to fund its operations and satisfy its obligations as currently anticipated in the near term. However, given the uncertainty around liquidity, the ability to execute the Company’s Turnaround Plan, and ability to comply with covenants, including liquidity covenants requiring the use of excess cash for debt reduction and uncertainty regarding repatriation of cash from international jurisdictions, which may be beyond its control, management concluded there is substantial doubt about the Company’s ability to continue as a going concern for at least one year from the issuance date of these Consolidated Financial Statements. As such, the Company determined that it was no longer more likely than not that these assets would be realized and that it was appropriate to record a full valuation allowance against all of its deferred tax assets.

In addition, in the fourth quarter of 2022, due to the factors noted above, the Company deemed it appropriate to lift all indefinite assertion positions and has recognized additional deferred tax liabilities related to repatriation of foreign earnings as it requires all available liquidity to satisfy its obligations.

The Company made an election on its 2020 tax return to change its capitalization policy for tax purposes related to certain direct and indirect costs for inventory and self-constructed assets under Internal Revenue Code (“IRC”) Section 263A. This method change allows the Company to utilize a portion of its tax attributes in the United States, primarily foreign tax credits, that were previously fully reserved. The non-recurring impact of the method change is a 2020 return to provision discrete benefit of $20.4 million, related to prior years, and an additional 2021 benefit of approximately $20.9 million from the release of valuation allowances. This change only impacts a portion of the Company’s foreign tax credits and the Company will maintain a valuation allowance against the remaining balance of foreign tax credits.

In accordance with GAAP, the Company made the accounting policy election to treat the Global Intangible Low Tax Income (“GILTI”) as a current period expense starting in fiscal year 2018. Therefore, the Company has not provided any deferred tax impacts of GILTI in the Consolidated Financial Statements. GILTI tax costs before utilization of GILTI credits was:

Year Ended
December 31,
2022
December 25,
2021
December 26,
2020
Tax cost associated with GILTI (before credits)$7.4 $28.7 $20.0 
The components of deferred tax assets (liabilities) were as follows:

As of
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
Purchased intangible assets$(0.2)$(3.3)
Lease assets(20.5)(19.4)
Depreciation(10.0)(3.9)
Accrued withholding tax on unrepatriated earnings(24.0)(11.7)
Gross deferred tax liabilities(54.7)(38.3)
Credit and net operating loss carryforwards (net of unrecognized tax benefits)144.9 203.3 
Interest expense carryforward38.5 27.8 
Employee benefits accruals24.9 34.3 
Deferred costs20.1 25.3 
Fixed assets basis differences8.8 8.5 
Capitalized intangible assets13.1 13.0 
Other accruals41.7 42.7 
Accounts receivable5.7 5.9 
Post-retirement benefits1.1 2.2 
Lease liabilities21.3 20.0 
Inventory65.3 55.7 
Other0.5 (0.5)
Gross deferred tax assets385.9 438.2 
Valuation allowances(357.6)(216.1)
Net deferred tax (liabilities) assets$(26.4)$183.8 

The Company’s gross tax operating loss carryforwards have expiration dates ranging between one year and no expiration in certain instances. The gross tax operating loss carryforward balance before valuation allowance was:
As of
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
Federal$— $— 
State9.5 8.8 
International234.8 347.8 
Gross tax operating loss carryforwards$244.3 $356.6 

The Company’s changes in its valuation allowance were:

(In millions of U.S. Dollars)Balance at
Beginning
of Period
Charged to
Costs and
Expenses
DeductionsBalance
at End
of Period
Valuation allowance for deferred tax assets:(a)(b)
Year Ended December 31, 2022$216.1 164.9 (9.0)(14.4)$357.6 
Year Ended December 25, 2021$255.5 6.4 (41.3)(4.5)$216.1 
Year Ended December 26, 2020$285.6 39.8 (41.7)(28.2)$255.5 
___________________
(a)    Represents write-offs, less recoveries.
(b)    Foreign currency translation adjustment.
The Company’s estimated foreign tax credit carryforwards have expirations ranging from one to ten years. The estimated foreign tax credit carryforwards, net of uncertain tax reserves were:
As of
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
Foreign tax credit carryforwards$86.2 $129.6 

The decrease in the foreign tax credits was mainly due to expiring tax credits that were fully valued.

The Tax Cuts and Jobs Act of 2017 (“Tax Act”) imposed a mandatory transition tax on accumulated foreign earnings and generally eliminated United States taxes on foreign subsidiary distribution with the exception of foreign withholding taxes and other foreign local tax. As discussed above, the Company has determined that it can no longer assert permanent reinvestment on any of the outside basis differences of its foreign subsidiaries, as it will likely need to repatriate cash and assets globally to the United States to meet its obligations and has increased its deferred tax liability by $12.3 million to $24.0 million as of December 31, 2022 related to the estimated income tax, withholding tax costs, and capital gain impacts associated with repatriation of these earnings.

Cumulative undistributed earnings, earnings deemed to not be permanently invested, and related deferred taxes were:

(In millions of U.S. Dollars)20222021
Cumulative undistributed earnings
$1,770.1 $2,058.7 
Earnings deemed to not be permanently invested$1,770.1 $213.2 
Deferred tax liability on earnings deemed to not be permanently invested
$24.0 $11.7 

Accrual for uncertain tax positions and interest and penalties related to uncertain tax positions were:

As of
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
Accrual for uncertain tax positions
$30.5 $31.0 
Interest and penalties related to uncertain tax positions
$1.9 $3.3 

As of December 31, 2022 and December 25, 2021, the Company estimates that approximately $5.7 million and $25.4 million respectively, of accrual for uncertain tax positions, if recognized, would impact the effective tax rate. Interest and penalties related to uncertain tax positions shown above could favorably impact future tax rates if recognized and released.

In evaluating uncertain tax positions, the Company makes determinations regarding the application of complex tax rules, regulations and practices. Uncertain tax positions are evaluated based on many factors including but not limited to changes in tax laws, new developments, and the impact of tax audit settlements on future periods. A reconciliation of the beginning and ending amount of accrual for uncertain tax positions is as follows:

As of
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
Beginning balance$31.0 $14.3 
Additions based on tax positions related to the current year0.5 17.7 
Additions for tax positions of prior year— 0.8 
Reduction for tax positions of prior years(0.1)— 
Settlements(0.2)— 
Reductions for lapse in statute of limitations(0.3)(1.3)
Impact of foreign currency rate changes versus the United States dollar(0.4)(0.5)
Ending balance$30.5 $31.0 

The Company operates globally and files income tax returns in the United States with federal and various state agencies, and in foreign jurisdictions. Cash flow information related to income taxes paid was:
Year Ended
(In millions of U.S. Dollars)December 31,
2022
December 25,
2021
December 26,
2020
Income taxes paid$64.3 $84.6 $66.7 

In the normal course of business, the Company is subject to examination by taxing authorities throughout the world. The Company is currently under examination or contesting proposed adjustments by various state and international tax authorities for fiscal years ranging from 2004 through 2022. It is reasonably possible that there could be a significant decrease or increase to the unrecognized tax benefit balance during the course of the next twelve months as these examinations continue, other tax examinations commence or various statutes of limitations expire. While the Company does not currently expect material changes, it is possible that the amount of unrecognized benefit with respect to the uncertain tax positions will significantly increase or decrease related to audits in various foreign jurisdictions that may conclude during that period or new developments that could also, in turn, impact the Company’s assessment relative to the establishment of valuation allowances against certain existing deferred tax assets. An estimate of the range of possible changes cannot be made for remaining unrecognized tax benefits because of the significant number of jurisdictions in which the Company does business and the number of open tax periods.