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Income Taxes
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
The components of income (loss) before income tax expense (benefit) and equity in loss of investees were as follows (in thousands):
Year Ended December 31,
202220212020
Ireland$(50,311)$97,557 $(102,328)
United Kingdom (963,598)(681,291)3,836 
United States224,453 221,185 372,910 
Other416,672 249,711 677 
Total$(372,784)$(112,838)$275,095 

The following table sets forth the details of income tax expense (benefit) (in thousands):
Year Ended December 31,
202220212020
Current
Ireland$61,550 $25,770 $19,437 
United Kingdom1,454 (924)166 
United States37,823 88,850 110,896 
Other32,779 33,222 39,955 
Total current tax expense133,606 146,918 170,454 
Deferred, exclusive of other components below
Ireland(62,011)(5,388)(32,458)
United Kingdom(193,219)(111,534)679 
United States(9,086)(46,531)(29,117)
Other(11,144)(28,604)(74,278)
Total deferred, exclusive of other components(275,460)(192,057)(135,174)
Deferred, change in tax rates
United Kingdom(16,990)259,873 (1,155)
United States201 1,377 (371)
Other(2)(237)
Total deferred, change in tax rates(16,791)261,255 (1,763)
Total deferred tax expense (benefit)(292,251)69,198 (136,937)
Total income tax expense (benefit)$(158,645)$216,116 $33,517 
Our income tax benefit was $158.6 million in 2022 and our income tax expense was $216.1 million and $33.5 million in 2021 and 2020, respectively, relating to tax arising on income or losses in Ireland, the U.K., the U.S. and certain other foreign jurisdictions, offset by deductions on subsidiary equity, originating tax credits and FDII benefits. Our income tax benefit in 2022 increased primarily due to payments for acquired IPR&D made in the year and the impact of the impairment of our acquired IPR&D asset as a result of the decision to discontinue our nabiximols program. Our income tax expense in 2021 included an expense of $259.9 million arising on the remeasurement of our U.K. net deferred tax liability, which arose primarily in relation to the GW Acquisition, due to a change in the statutory tax rate in the U.K. following enactment of the U.K. Finance Act 2021. Our income tax expense in 2020 included the impact of the disallowance of certain interest deductions and a provision for a proposed settlement reached with the French taxing authorities.
The reconciliation between income tax expense (benefit) at the Irish statutory income tax rate of 12.5 percent, the jurisdiction of tax domicile of Jazz Pharmaceuticals, applied to income before the income tax expense (benefit) and equity in loss of investees and our reported income tax expense (benefit) was as follows (in thousands):
Year Ended December 31,
202220212020
Income tax expense (benefit) at the statutory income tax rate$(46,598)$(14,105)$34,387 
Deduction on subsidiary equity(158,488)(116,438)(25,740)
Change in valuation allowance95,051 81,280 6,074 
Foreign derived intangible income benefit (29,541)(3,416)— 
Research and other tax credits(27,976)(31,069)(30,836)
Change in tax rate(16,790)261,663 (1,836)
Change in estimates(14,065)(2,653)(3,604)
Non-deductible compensation13,505 19,914 8,604 
Non-deductible facility expense8,093 — — 
Non-deductible royalty expense6,274 — — 
Patent box incentive benefit(6,203)— — 
Foreign income tax rate differential5,863 (4,343)16,126 
Change in unrecognized tax benefits5,029 (6,436)16,309 
Non-deductible financing costs4,504 14,418 7,132 
Tax deficiencies/(excess tax benefits) from share-based compensation(1,690)(5,555)5,274 
Non-deductible acquisition-related costs— 20,929 — 
Other4,387 1,927 1,627 
Reported income tax expense (benefit)$(158,645)$216,116 $33,517 
Significant components of our net deferred tax assets (liabilities) were as follows (in thousands):
December 31,
20222021
Deferred tax assets:
Operating loss carryforwards$263,235 $265,156 
Intangible assets236,462 176,904 
Tax credit carryforwards189,792 284,155 
Deduction on subsidiary equity carryforwards157,367 78,514 
Accrued liabilities109,257 84,110 
Capitalized research and development88,009 13,453 
Indirect effects of unrecognized tax benefits47,224 46,876 
Share-based compensation42,795 37,289 
Lease liabilities14,081 15,865 
Other11,595 65,224 
Total deferred tax assets1,159,817 1,067,547 
Valuation allowance(234,732)(154,255)
Deferred tax assets, net of valuation allowance925,085 913,292 
Deferred tax liabilities:
Intangible assets(1,367,146)(1,652,297)
Inventories(110,927)(181,742)
Operating lease assets(10,978)(12,657)
Other(4,124)(56,034)
Total deferred tax liabilities(1,493,175)(1,902,730)
Net of deferred tax assets and (liabilities)$(568,090)$(989,438)
The net change in valuation allowance was an increase of $80.5 million, $76.9 million and $11.0 million in 2022, 2021 and 2020, respectively.
The following table summarizes the presentation of deferred tax assets and liabilities (in thousands):
December 31,
20222021
Deferred tax assets$376,247 $311,103 
Deferred tax liabilities(944,337)(1,300,541)
Net of deferred tax assets and (liabilities)$(568,090)$(989,438)
As of December 31, 2022, we had net operating losses, or NOL, carryforwards and tax credit carryforwards for U.S. federal income tax purposes of approximately $21.5 million and $117.2 million, respectively, available to reduce future income subject to income taxes. The U.S. federal NOL carryforwards will expire, if not utilized, in the tax years 2023 to 2033, and the U.S. federal tax credits will expire, if not utilized, in the tax years 2023 to 2042. In addition, we had approximately $28.7 million of NOL carryforwards and $5.9 million of tax credit carryforwards as of December 31, 2022 available to reduce future taxable income for U.S. state income tax purposes. The U.S. state NOL carryforwards will expire, if not utilized, in the tax years 2023 to 2041. As of December 31, 2022, there were NOL and other carryforwards for income tax purposes of approximately $927.1 million, $449.6 million and $188.3 million available to reduce future income subject to income taxes in the United Kingdom, Malta and Ireland respectively. The NOLs and other carryforwards generated in the United Kingdom, Malta and Ireland have no expiration date. We also had foreign tax credit carryforwards in Ireland, as of December 31, 2022, of $66.2 million, which may only be utilized against certain sources of income.  The foreign tax credit carryforwards have no expiration date.
Utilization of certain of our NOL and tax credit carryforwards in the U.S. is subject to an annual limitation due to the ownership change limitations provided by Sections 382 and 383 of the Internal Revenue Code and similar state provisions. Such an annual limitation may result in the expiration of certain NOLs and tax credits before future utilization. In addition, as a result of the Azur Merger, until 2022 we were subject to certain limitations under the Internal Revenue Code in relation to the utilization of U.S. NOLs to offset U.S. taxable income resulting from certain transactions.
Valuation allowances require an assessment of both positive and negative evidence when determining whether it is more likely than not that deferred tax assets are recoverable. Such assessment is required by tax paying component. Our valuation allowance was $234.7 million and $154.3 million as of December 31, 2022 and 2021, respectively, for certain Irish, U.S. (federal and state) and foreign deferred tax assets which we maintain until sufficient positive evidence exists to support reversal. As part of the overall change in valuation allowance, we recognized a net income tax expense of $95.1 million and $81.3 million in 2022 and 2021, respectively, relating primarily to the creation of a valuation allowance against certain deferred tax assets primarily associated with temporary differences related to foreign subsidiaries and foreign tax credit carryforwards. We periodically evaluate the likelihood of the realization of deferred tax assets and will adjust such amounts in light of changing facts and circumstances including, but not limited to, future projections of taxable income, tax legislation, rulings by relevant taxing authorities, the progress of tax examinations and the regulatory approval of products currently under development. Realization of the deferred tax assets is dependent on future taxable income. The Company believes that it is more likely than not to generate sufficient taxable income to realize the deferred tax assets carried as of December 31, 2022 for which no valuation allowance has been recognized.
No provision has been made for income tax on undistributed earnings of the Company’s foreign subsidiaries where such earnings are considered indefinitely reinvested in the foreign operations. Temporary differences related to such earnings totaled approximately $2.7 billion as of December 31, 2022. In the event of the distribution of those earnings in the form of dividends, a sale of the subsidiaries, or certain other transactions, we may be liable for income taxes, subject to an adjustment, if any, for foreign tax credits. The Company estimates that it would incur additional income taxes of up to approximately $135.0 million on repatriation of these unremitted earnings to Ireland.
We only recognize the financial statement effects of a tax position when it is more likely than not, based on the technical merits, that the position will be sustained upon examination. As a result, we have recorded an unrecognized tax benefit for certain tax benefits which we judge may not be sustained upon examination.
A reconciliation of our gross unrecognized tax benefits follows (in thousands):
 December 31,
 202220212020
Balance at the beginning of the year$137,867 $146,557 $124,319 
Increases related to current year tax positions25,128 26,675 27,908 
Increases related to prior year tax positions2,794 211 19,712 
Decreases related to prior year tax positions(164)(182)(213)
Increases recognized through purchase accounting — 5,916 — 
Decreases related to settlements with taxing authorities(223)(14,744)— 
Lapse of the applicable statute of limitations(21,426)(26,566)(25,169)
Balance at the end of the year$143,976 $137,867 $146,557 
The unrecognized tax benefits were included in income taxes payable, other non-current liabilities and deferred tax assets, net, in our consolidated balance sheets. Interest related to our unrecognized tax benefits is recorded in the income tax benefit in our consolidated statements of income (loss). As of December 31, 2022 and 2021, our accrued interest related to income taxes was $5.8 million and $4.6 million, respectively. Interest related to income taxes benefits recognized in the consolidated statements of income (loss) were not significant. Included in the balance of unrecognized tax benefits were potential benefits of $91.7 million and $82.0 million at December 31, 2022 and 2021, respectively, that, if recognized, would affect the effective tax rate on income.
We file income tax returns in multiple tax jurisdictions, the most significant of which are Ireland, the U.K. and the U.S. (both at the federal level and in various state jurisdictions). For Ireland we are no longer subject to income tax examinations by taxing authorities for the years prior to 2018. For the U.K. we are no longer subject to income tax examinations by taxing authorities for the years prior to 2016. The U.S. jurisdictions generally have statute of limitations three to four years from the later of the return due date or the date when the return was filed. However, in the U.S. (at the federal level and in most states), carryforwards that were generated in 2018 and earlier may still be adjusted upon examination by the taxing authorities. Certain of our Luxembourg subsidiaries are currently under examination by the Luxembourg taxing authorities for the years ended December 31, 2017, 2018 and 2019. In October 2022, we received tax assessment notices from the Luxembourg taxing authorities for 2017 and 2018 relating to certain transfer pricing and other adjustments. The notices propose additional Luxembourg income tax of approximately $18.8 million, translated at the foreign exchange rate as December 31, 2022. We disagree with the proposed assessments and are contesting them vigorously.