Note 5 – Income Taxes

U.S. Tax Reform: Tax Cuts and Jobs Act

On December 22, 2017, the Tax Cuts and Jobs Act (the "TCJA") was enacted in the United States. The TCJA represents sweeping changes in U.S. tax law. Among the numerous changes in tax law, the TCJA permanently reduced the U.S. corporate income tax rate to 21% beginning in 2018; imposed a one-time transition tax on deferred foreign earnings; established a partial territorial tax system by allowing a 100% dividends received deduction on qualifying dividends paid by foreign subsidiaries; limited deductions for net interest expense; expanded the U.S. taxation of foreign earned income to include "global intangible low-taxed income" ("GILTI") of foreign subsidiaries; and imposed a base erosion and anti-abuse minimum tax ("BEAT").

As permitted by SAB No. 118, the tax expense recorded in the fourth fiscal quarter of 2017 due to the enactment of the TCJA was considered "provisional," based on reasonable estimates. As further described below, after additional analysis was completed in 2018, the Company identified additional amounts available to be repatriated to the U.S. and additional information regarding the foreign taxes payable and recorded additional provisional tax expense to accrue the incremental foreign income taxes and withholding taxes payable to foreign jurisdiction. The Company collected and analyzed detailed information about the earnings and profits of its non-U.S. subsidiaries, the related taxes paid, the amounts which could be repatriated, the foreign taxes which may be incurred on repatriation, and the associated impact of these items under the TCJA, including under regulatory guidance issued in 2018, throughout the measurement period. As of December 31, 2018, the measurement period has ended and the tax expense is no longer considered provisional.

The amount of net tax expense recorded provisionally by the Company in the fourth fiscal quarter of 2017 and adjustments recorded during the measurement period in 2018 that are directly and indirectly related to the TCJA are summarized as follows:

				Years ended December 31,
	Total			2018			2017
Remeasurement of net deferred tax liabilities	$	(76,027	)	$	(1,211	)	$	(74,816	)
Transition tax on unremitted foreign earnings		222,983			7,425			215,558
Incremental foreign taxes on assumed repatriation		232,282			19,282			213,000
Reversal of deferred taxes due to cancellation of 2015 repatriation plan		(118,887	)		-			(118,887	)
Total tax expense related to the enactment of the TCJA	$	260,351		$	25,496		$	234,855

As a result of the TCJA, the Company recognized a tax benefit of $76,027 to remeasure its net deferred tax liabilities at the lower, 21% rate.

The TCJA transitioned the U.S. from a worldwide tax system to a territorial tax system. Under previous law, companies could indefinitely defer U.S. income taxation on unremitted foreign earnings. The TCJA imposed a one-time transition tax on deferred foreign earnings of 15.5% for liquid assets and 8% for illiquid assets, payable in defined increments over eight years. As a result of this requirement, the Company recognized provisional tax expense of $215,558 in 2017, and provisionally expected to pay $180,000, net of estimated applicable foreign tax credits, and after utilization of net operating loss and R&D and FTC Credit carryforwards. As a result of additional analysis completed during the measurement period, the Company accrued additional tax expense of $7,425 in 2018 and now expects to pay $184,467. The first installment of $14,757 was paid in 2018. These previously deferred foreign earnings may now be repatriated to the United States without additional U.S. federal taxation. However, any such repatriation could incur withholding and other foreign taxes in the source and intervening foreign jurisdictions, and certain U.S. state taxes.

Due to the changes in taxation of dividends received from foreign subsidiaries, and also because of the need to finance the payment of the transition tax, the Company made the determination during the fourth fiscal quarter of 2017 that certain unremitted foreign earnings in Israel, Germany, Austria, and France are no longer permanently reinvested, and recorded provisional tax expense of $213,000 to accrue the incremental foreign income taxes and withholding taxes payable to foreign jurisdictions assuming the repatriation to the United States of these approximately $1,100,000 of available foreign earnings. As a result of additional analysis completed during the measurement period, the Company adjusted the amount of foreign unremitted earnings available from Israel, Germany, Austria, and France to approximately $1,200,000, identified additional information regarding foreign taxes payable, and accrued additional tax expense of $19,282.

The Company repatriated approximately $724,000 to the United States, and paid withholding and foreign taxes of $156,767 in 2018. Substantially all of the amounts repatriated were used to reduce the outstanding balance of the credit facility (see Note 6), to repay certain intercompany indebtedness, and to fund the repurchase of convertible senior debentures in the fourth fiscal quarter of 2018 (see Note 6).

Note 5 – Income Taxes (continued)

After completing these phases of cash repatriation, there is approximately $300,000 of unremitted foreign earnings that the Company has deemed not permanently reinvested and thus has accrued foreign withholding and other taxes. The Company expects to repatriate these remaining amounts at a measured pace over several years, and may decide to ultimately not repatriate some of these amounts.

There are additional amounts of unremitted foreign earnings in other countries, which continue to be reinvested indefinitely, and the Company has made no provision for incremental foreign income taxes and withholding taxes payable to foreign jurisdictions related to these amounts. Determination of the amount of the unrecognized deferred foreign tax liability for these amounts is not practicable because of the complexities associated with its hypothetical calculation.

During the fourth fiscal quarter of 2015, the Company recognized income tax, including U.S. federal and state income taxes, incremental foreign income taxes, and withholding taxes payable to foreign jurisdictions, on $300,000 of foreign earnings. This tax expense was recognized in 2015 following an evaluation of the Company's anticipated domestic cash needs over the next several years and the Company's most efficient use of liquidity, and with consideration of the amount of cash that could be repatriated to the U.S. efficiently with lesser withholding taxes in foreign jurisdictions. The Company repatriated $38,000 and $46,000 pursuant to this program in 2017 and 2016, respectively. Prior to the enactment of the TCJA, the related deferred tax liability for the 2015 repatriation plan was $118,887. The Company terminated the 2015 cash repatriation plan and recorded a provisional income tax benefit to reverse this deferred tax liability, which was replaced by the liability for the transition tax and foreign income and withholding taxes described above.

The deferred tax liability related to these unremitted foreign earnings is based on the available sources of cash, applicable tax rates, foreign currency exchange rates, and other factors and circumstances, as of each balance sheet date. Changes in these underlying facts and circumstances result in changes in the deferred tax liability balance, which are recorded as tax benefit or expense.

Certain provisions of the TCJA had a significant impact on the Company's effective tax rate for the year ended December 31, 2018, and are expected to have a significant impact in future periods. Because the various provisions of the TCJA are interrelated, and because of changes in the Company's operations and changes in the capital structure in response to the TCJA, the impact of any specific provision of the TCJA cannot be isolated. The Company recognized a significant amount of GILTI income in 2018, but was able to utilize related foreign tax credits to reduce the impact on the effective tax rate. The Company has elected to account for GILTI tax in the period in which it is incurred and, therefore, does not provide any deferred taxes in the consolidated financial statements at December 31, 2018 or 2017. The inclusion of significant GILTI income was a contributing factor in allowing the Company to avoid a limitation on the deductibility of its U.S. interest expense in 2018. The Company was not subject to the BEAT minimum tax in 2018, but BEAT could increase the Company's future tax by disallowing certain otherwise deductible payments from the U.S. to non-U.S. subsidiaries and imposing a minimum tax if greater than the regular tax.

The Company's repurchase of outstanding convertible debentures in 2018 (see Note 6) reduced the Company's 2018 tax rate.

Note 5 – Income Taxes (continued)

Income (loss) from continuing operations before taxes and noncontrolling interests consists of the following components:

	Years ended December 31,
	2018			2017			2016

Domestic	$	(39,861	)	$	(40,171	)	$	(135,953	)
Foreign		456,637			319,535			230,169
	$	416,776		$	279,364		$	94,216

Significant components of income taxes are as follows:

	Years ended December 31,
	2018			2017			2016

Current:
Federal	$	18,756		$	180,873		$	358
State and local		209			108			5
Foreign		263,247			65,566			46,999
		282,212			246,547			47,362
Deferred:
Federal		(58,386	)		(101,896	)		6,163
State and local		(3,117	)		1,538			(3,039	)
Foreign		(150,470	)		152,735			(5,643	)
		(211,973	)		52,377			(2,519	)
Total income tax expense	$	70,239		$	298,924		$	44,843

Note 5 – Income Taxes (continued)

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 for income tax purposes. Significant components of the Company's deferred tax assets and liabilities are as follows:

	December 31,
	2018			2017

Deferred tax assets:
Pension and other retiree obligations	$	43,238		$	43,536
Inventories		9,795			9,658
Property and equipment		5,888			3,798
Net operating loss carryforwards		128,177			136,599
Tax credit carryforwards		72,708			13,328
Other accruals and reserves		19,645			22,930
Total gross deferred tax assets		279,451			229,849
Less valuation allowance		(200,809	)		(149,070	)
		78,642			80,779
Deferred tax liabilities:
Earnings not permanently reinvested		(65,537	)		(213,000	)
Convertible debentures		(32,488	)		(135,576	)
Other - net		(7,370	)		(6,125	)
Total gross deferred tax liabilities		(105,395	)		(354,701	)

Net deferred tax assets (liabilities)	$	(26,753	)	$	(273,922	)

The Company makes significant judgments regarding the realizability of its deferred tax assets (principally net operating losses and tax credits). The carrying value of deferred tax assets is based on the Company's assessment that it is more likely than not that the Company will realize these assets after consideration of all available positive and negative evidence. During the year-ended December 31, 2018, the Company generated an excess U.S. foreign tax credit of $57,900. Because the Company does not anticipate sufficient U.S. foreign source income during the carryforward period, the Company has not recognized the benefit of the carryforward as of December 31, 2018.

A reconciliation of income tax expense at the U.S. federal statutory income tax rate to actual income tax provision is as follows:

	Years ended December 31,
	2018			2017			2016

Tax at statutory rate	$	87,523		$	97,777		$	32,976
State income taxes, net of U.S. federal tax benefit		(2,298	)		1,070			(1,972	)
Effect of foreign operations		5,736			(54,807	)		(26,551	)
Tax on earnings not permanently reinvested		9,304			88,311			(3,553	)
Unrecognized tax benefits		2,669			5,887			(8,453	)
Repurchase of senior convertible debentures		(52,312	)		-			-
TCJA - remeasurement of net deferred tax liabilities		(1,211	)		(74,816	)		-
TCJA - transition tax on unremitted foreign earnings		7,425			215,558			-
Foreign income taxable in the U.S.		15,055			20,436			18,442
Termination of U.S. pension		-			-			34,853
Other		(1,652	)		(492	)		(899	)
Total income tax expense	$	70,239		$	298,924		$	44,843

Note 5 – Income Taxes (continued)

Income tax expense for the years ended December 31, 2018, 2017, and 2016 includes certain discrete tax items for changes in uncertain tax positions, valuation allowances, tax rates, and other related items. These items total $39,428 (tax benefit), $230,618, and $22,596 in 2018, 2017, and 2016, respectively.

For the year ended December 31, 2018, the discrete items include $25,496 related to the enactment of the TCJA, as previously described, a tax benefit of $54,877 resulting from the early extinguishment of convertible senior debentures, reflecting the reduction in deferred tax liabilities related to the special tax attributes of the debentures, and $10,047 (tax benefit) for the periodic remeasurement of the deferred tax liability recorded for the foreign taxes associated with the cash repatriation program described above.

For the year ended December 31, 2017, the discrete items include $234,855 related to the enactment of the TCJA, as previously described; $5,802 (tax benefit) for the periodic remeasurement of the deferred tax liability related to the 2015 cash repatriation program described below, and $1,565 of net tax expense for changes in uncertain tax positions. The 2015 cash repatriation program was expected to occur over several years, and the deferred tax liability is based on the available sources of cash, applicable tax rates, and other factors and circumstances, as of each respective balance sheet date. Changes in the underlying facts and circumstances result in changes in the deferred tax liability balance, which are recorded as tax benefit or expense.

For the year ended December 31, 2016, the discrete items include $34,853 of additional tax expense related to the termination and settlement of the Vishay Retirement Plan (see Notes 10 and 11), $8,704 (tax benefit) for changes in uncertain tax positions related largely to statute expiration, and $3,553 (tax benefit) for periodic remeasurement of the deferred tax liability related to the 2015 cash repatriation program described below.

At December 31, 2018, the Company had the following significant net operating loss carryforwards for tax purposes:

			Expires

Austria	$	15,763	No expiration
Belgium		162,787	No expiration
Brazil		11,774	No expiration
Israel		10,707	No expiration
Japan		5,052		2020 - 2026
Netherlands		12,216		2019 - 2026
The Republic of China (Taiwan)		18,833		2024 - 2028

California		53,377		2026 - 2038
Pennsylvania		688,932		2019 - 2038

At December 31, 2018, the Company had the following significant tax credit carryforwards available:

			Expires

U.S. Foreign Tax Credit	$	57,852		2028
California Research Credit		14,856	No expiration

Note 5 – Income Taxes (continued)

Net income taxes paid were $248,958, $76,900, and $58,788 for the years ended December 31, 2018, 2017, and 2016, respectively. Net income taxes paid for the year ended December 31, 2018 includes $156,767 for repatriation activity and $14,757 for the TCJA transition tax.

See Note 19 for a discussion of the tax-related uncertainties for the pre-spin-off period of Vishay Precision Group, Inc. ("VPG"), which was spun off on July 6, 2010.

The following table summarizes changes in the liabilities associated with unrecognized tax benefits:

	Years ended December 31,
	2018			2017			2016

Balance at beginning of year	$	17,056		$	16,805		$	23,527
Addition based on tax positions related to the current year		4,332			3,911			1,553
Addition based on tax positions related to prior years		2,066			1,837			1,047
Currency translation adjustments		(984	)		915			(96	)
Reduction based on tax positions related to prior years		-			(1,473	)		-
Reduction for settlements		(1,229	)		(4,077	)		(1,210	)
Reduction for lapses of statute of limitation		-			(862	)		(8,016	)
Balance at end of year	$	21,241		$	17,056		$	16,805

All of the unrecognized tax benefits of $21,241 and $17,056, as of December 31, 2018 and 2017, respectively, would reduce the effective tax rate if recognized.

The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense. At December 31, 2018 and 2017, the Company had accrued interest and penalties related to the unrecognized tax benefits of $2,887 and $2,845, respectively. During the years ended December 31, 2018, 2017, and 2016, the Company recognized $1,470, $2,479, and $542, respectively, in interest and penalties.

The Company and its subsidiaries file U.S. federal income tax returns, as well as tax returns in multiple states and foreign jurisdictions. The Company's U.S. federal tax returns are open to examination for all years after 2012. During the years ended December 31, 2018, 2017, and 2016, certain tax examinations were concluded and certain statutes of limitations lapsed. The tax provision for those years includes adjustments related to the resolution of these matters, as reflected in the table above. The tax returns of significant non-U.S. subsidiaries which are currently under examination include India (2004 through 2014), Italy (2012 through 2016), Germany (2013 through 2016), Israel (2016), and Taiwan (2016). The Company and its subsidiaries also file income tax returns in other taxing jurisdictions in the U.S. and around the world, many of which are still open to examination.

The timing of the resolution of income tax examinations is highly uncertain, as are the amounts and timing of tax payments that result from such examinations. These events could cause large fluctuations in the balance sheet classification of current and non-current unrecognized tax benefits. The Company believes that in the next 12 months it is reasonably possible that certain income tax examinations will conclude or the statutes of limitation on certain income tax periods open to examination will expire, or both. Given the uncertainties described above, the Company can only determine an estimate of potential decreases in unrecognized tax benefits ranging from $818 to $5,713.