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Income Taxes
9 Months Ended
Sep. 30, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
    The Company derives a significant portion of its income from the rental and sale of real property. As a result, a substantial portion of its foreign earnings is subject to U.S. taxation under certain provisions of the Internal Revenue Code of 1986, as amended, applicable to controlled foreign corporations ("Subpart F"). In determining the quarterly provisions for income taxes, the Company calculates income tax expense based on actual year-to-date income and statutory tax rates. The year-to-date income tax expense reflects the impact of foreign operations and income allocated to noncontrolling interests which is generally not subject to corporate tax.
    During the nine months ended September 30, 2020, Kennedy Wilson generated pretax book loss of $75.0 million related to its global operations and recorded a tax benefit of $10.3 million. The tax benefit for the period is below the US statutory tax rate, primarily as a result of non-deductible executive compensation, and increases in the valuation allowance against the Company's deferred tax assets. The net increase in the valuation allowance pertains to United Kingdom (“UK”) interest deduction carryovers and certain foreign net operating losses, partially offset by decreases in the valuation allowance on deferred tax assets associated with the Company’s tax basis in excess of its book carrying value for its investment in the KWE partnership. The change in the valuation allowance attributable to a portion of our foreign net operating losses was due to lower income in those jurisdictions caused in part by the COVID-19 pandemic. The increase in the valuation allowance associated with our UK interest deduction carryovers was attributable to a change in the UK tax regime associated with our UK operations. See discussion below.

    Kennedy Wilson elected to treat KWE as a partnership for U.S. tax purposes effective as of December 29, 2017. Due to unrealized foreign exchange losses not yet deductible for tax purposes and the consideration paid to acquire the non-controlling interests in KWE exceeding the book carrying value of the non-controlling interests in KWE, the Company’s tax basis in KWE exceeded its book carrying value at December 29, 2017, December 31, 2018, December 31, 2019 and September 30, 2020.  Due to the conversion of KWE to a partnership for U.S. tax purposes, the Company was required to record a deferred tax asset related to its excess tax basis over book carrying value for its investment in KWE.  As a significant portion of the excess tax basis would only reverse upon a strengthening of foreign currencies or upon a disposition of KWE, the Company determined that a valuation allowance was required for substantially all of the tax basis that was in excess of the Company’s carrying value for its investment in KWE. Valuation allowance will be released when tax benefit from future real estate dispositions can be reasonably anticipated. As of September 30, 2020, Kennedy Wilson's excess tax basis in KWE and the related valuation allowance is $84.0 million and $75.2 million, respectively, while as of December 31, 2019, Kennedy Wilson's excess tax basis in KWE and the related valuation allowance was $77.1 million and $72.6 million, respectively. The decrease in the valuation allowance against the KWE investment is to recognize a tax benefit from future real estate dispositions that are more likely than not to occur.
    The CARES Act (the “Act”) was signed into law on March 27, 2020. The Act provides for carrybacks of 2018, 2019 and 2020 losses, retroactive cost recovery of qualified improvement property, increases in interest deduction allowances and accelerating the refund of prior alternative minimum taxes paid. The Company has performed a preliminary assessment of the Act and has determined that the tax provisions of the Act will not have a significant impact on the Company’s taxes.

    As of April 6, 2020, UK corporate tax system is extended to KWE’s non-UK resident companies who were previously subjected to the UK’s non-resident landlord tax regime. UK corporate tax rules limit interest deductions to 30% of EBITDA and allows for tax loss utilization on a UK group basis. Interest expense in excess of the allowable amount can be carried forward indefinitely. Previously, the Company's interest expense under the UK non-resident landlord tax regime was fully deductible. As the Company expects its future UK interest expense to be in excess of the proscribed limitations on a prospective basis, the Company has concluded that future realization of the deferred tax benefit for the Company's UK interest expense carryovers is uncertain. As a result, the Company recorded a full valuation allowance on the deferred tax asset associated with the disallowed interest expense carryover of $3.9 million as of September 30, 2020.