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INCOME TAXES
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE 14—INCOME TAXES

The provision for income taxes consisted of:

 

 

 

Year Ended December 31,

 

 

 

2015

 

 

2014

 

 

2013

 

 

 

(In thousands)

 

Other than U.S.:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

45,752

 

 

$

21,619

 

 

$

54,410

 

Deferred

 

 

6,211

 

 

 

(1,546

)

 

 

(5,359

)

Total provision for income taxes

 

$

51,963

 

 

$

20,073

 

 

$

49,051

 

The geographic sources of income before income taxes are as follows:

 

 

 

Year Ended December 31,

 

 

 

2015

 

 

2014

 

 

2013

 

 

 

(In thousands)

 

U.S.

 

$

(101,746

)

 

$

(31,124

)

 

$

(151,904

)

Other than U.S.

 

 

144,870

 

 

 

(14,197

)

 

 

(288,955

)

Income before provision for income taxes

 

$

43,124

 

 

$

(45,321

)

 

$

(440,859

)

 

The following is a reconciliation of the Panama statutory federal tax rate to the consolidated effective tax rate:

 

 

 

Year Ended December 31,

 

 

 

2015

 

 

2014

 

 

2013

 

Panama federal statutory rate

 

 

25

%

 

 

25

%

 

 

25

%

Non-Panama operations

 

 

56

%

 

 

4

%

 

 

-16

%

Valuation allowance for deferred tax assets

 

 

15

%

 

 

-87

%

 

 

-19

%

Audit settlements and reserves

 

 

14

%

 

 

14

%

 

 

-1

%

Other

 

 

11

%

 

 

-

 

 

 

-

 

Effective tax rate attributable to continuing operations

 

 

121

%

 

 

-44

%

 

 

-11

%

 

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 used for tax purposes, as well as operating loss and tax credit carryforwards.

Significant components of deferred tax assets and liabilities were as follows:

 

 

 

December 31,

 

 

 

2015

 

 

2014

 

 

 

(In thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Pension liability

 

$

12,033

 

 

$

10,976

 

Accrued liabilities for incentive compensation

 

 

21,640

 

 

 

19,015

 

Net operating loss carryforward

 

 

325,636

 

 

 

294,722

 

State net operating loss carryforward

 

 

24,367

 

 

 

21,296

 

Long-term contracts

 

 

4,312

 

 

 

39,817

 

Other

 

 

2,060

 

 

 

1,549

 

Total deferred tax assets

 

 

390,048

 

 

 

387,375

 

Valuation allowance for deferred tax assets

 

 

(336,146

)

 

 

(331,589

)

Deferred tax assets

 

$

53,902

 

 

$

55,786

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Property, plant and equipment

 

$

34,419

 

 

$

28,815

 

Prepaid drydock

 

 

7,639

 

 

 

10,280

 

Investments in joint ventures and affiliated

   companies

 

 

14,960

 

 

 

13,583

 

Unrealized exchange gains and other

 

 

3,163

 

 

 

3,162

 

Total deferred tax liabilities

 

$

60,181

 

 

$

55,840

 

 

 

 

 

 

 

 

 

 

Net deferred tax liability

 

$

(6,279

)

 

$

(54

)

 

 

 

 

 

 

 

 

 

 

 

December 31,

 

 

 

2015

 

 

2014

 

 

 

(In thousands)

 

Deferred tax assets and liabilities in the

   accompanying consolidated balance sheets include:

 

 

 

 

 

 

 

 

Current deferred tax assets

 

$

8,133

 

 

$

7,514

 

Noncurrent deferred tax assets

 

 

10,689

 

 

 

17,313

 

Total

 

$

18,822

 

 

$

24,827

 

 

 

 

 

 

 

 

 

 

Current deferred tax liabilities

 

$

17,273

 

 

$

19,753

 

Noncurrent deferred tax liabilities

 

 

7,828

 

 

 

5,128

 

Total

 

$

25,101

 

 

$

24,881

 

 

 

 

 

 

 

 

 

 

Net deferred tax liability

 

$

(6,279

)

 

$

(54

)

At December 31, 2015, we had a valuation allowance of $336 million for deferred tax assets that we expect cannot be realized through carrybacks, future reversals of existing taxable temporary differences or based on our estimate of future taxable income. We believe that our remaining deferred tax assets will more likely than not be realized through carrybacks, future reversals of existing taxable temporary differences and future taxable income. Any changes to our estimated valuation allowance could be material to our consolidated financial statements.

We have foreign net operating loss carryforwards of $440 million available to offset future taxable income in foreign jurisdictions. Of the foreign net operating loss carryforwards, $22 million is scheduled to expire in years 2016 to 2018. The foreign net operating losses have a valuation allowance of $105 million against the related deferred taxes. We have U.S. federal net operating loss carryforwards of approximately $624 million, which includes $17 million for which the benefit will be recorded in APIC when realized, and carry a $218 million valuation allowance against the related deferred taxes. The U.S. federal net operating loss carryforwards are scheduled to expire in years 2024 to 2035. We have state net operating losses of $469 million available to offset future taxable income in states where we operate. The state net operating loss carryforwards are scheduled to expire in years 2016 to 2029. We are carrying a valuation allowance of $24 million against the deferred tax asset related to the state loss carryforwards.

We have provided $18 million of taxes on earnings we intend to remit. All other earnings are considered permanently reinvested. We would be subject to withholding taxes if we were to distribute these permanently reinvested earnings from our U.S. subsidiaries and certain foreign subsidiaries. At December 31, 2015, the undistributed earnings of these subsidiaries were $198 million. Unrecognized deferred income tax liabilities, including withholding taxes, payable upon distribution of these earnings is under $1 million.

We conduct business globally and, as a result, we or one or more of our subsidiaries file income tax returns in a number of jurisdictions. In the normal course of business, we are subject to examination by taxing authorities throughout the world, including such major jurisdictions as Malaysia, Australia, Indonesia, Singapore, Saudi Arabia, Kuwait, India and the United States. With few exceptions, we are no longer subject to tax examinations for years prior to 2010.

A reconciliation of unrecognized tax benefits is as follows:

 

 

 

Year Ended December 31,

 

 

 

2015

 

 

2014

 

 

2013

 

 

 

(In thousands)

 

Balance at beginning of period

 

$

34,106

 

 

$

40,613

 

 

$

40,516

 

Increases based on tax positions taken in the current year

 

 

4,720

 

 

 

3,479

 

 

 

539

 

Increases based on tax positions taken in prior years

 

 

4,710

 

 

 

3,195

 

 

 

3,831

 

Decreases based on tax positions taken in prior years

 

 

(2,836

)

 

 

(863

)

 

 

(3,688

)

Decreases due to lapse of applicable statute of limitation

 

 

(4,347

)

 

 

(12,318

)

 

 

(585

)

Balance at end of period

 

$

36,353

 

 

$

34,106

 

 

$

40,613

 

The entire balance of unrecognized tax benefits at December 31, 2015 would reduce our effective tax rate if recognized.

We recognize accrued interest and penalties related to unrecognized tax benefits in income tax expense. At December 31, 2015 and 2014 we had liabilities of approximately $16 million and $15 million, respectively, for the payment of tax-related interest and penalties.