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INCOME TAXES
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE 15—INCOME TAXES

The provision for income taxes consisted of:

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

 

 

(In thousands)

 

Other than U.S.:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

43,944

 

 

$

45,752

 

 

$

21,619

 

Deferred

 

 

(2,018

)

 

 

6,211

 

 

 

(1,546

)

Total provision for income taxes

 

$

41,926

 

 

$

51,963

 

 

$

20,073

 

 

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

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

 

 

(In thousands)

 

U.S.

 

 

(124,154

)

 

 

(99,738

)

 

 

(35,782

)

Other than U.S.

 

 

206,469

 

 

 

164,348

 

 

 

(1,691

)

Income before provision for income taxes

 

$

82,315

 

 

$

64,610

 

 

$

(37,473

)

 

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

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Panama federal statutory rate

 

 

25

%

 

 

25

%

 

 

25

%

Non-Panama operations

 

 

(14

)

 

 

29

 

 

 

9

 

Valuation allowance for deferred tax assets

 

 

24

 

 

 

10

 

 

 

(105

)

Audit settlements and reserves

 

 

14

 

 

 

9

 

 

 

17

 

Other (primarily tax on unremitted earnings)

 

 

2

 

 

 

7

 

 

 

-

 

Effective tax rate attributable to continuing operations

 

 

51

%

 

 

80

%

 

 

(54

)%

 

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,

 

 

 

2016

 

 

2015

 

 

 

(In thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Pension liability

 

$

9,732

 

 

$

12,033

 

Accrued liabilities for incentive compensation

 

 

22,208

 

 

 

21,640

 

Net operating loss carryforward

 

 

349,916

 

 

 

325,636

 

State net operating loss carryforward

 

 

18,308

 

 

 

24,367

 

Long-term contracts

 

 

-

 

 

 

4,312

 

Other

 

 

1,861

 

 

 

2,060

 

Total deferred tax assets

 

 

402,025

 

 

 

390,048

 

Valuation allowance for deferred tax assets

 

 

(334,991

)

 

 

(336,146

)

Deferred tax assets

 

$

67,034

 

 

$

53,902

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Property, plant and equipment

 

 

37,883

 

 

 

34,419

 

Prepaid drydock

 

 

1,367

 

 

 

7,639

 

Long-term contracts

 

 

10,989

 

 

 

-

 

Investments in joint ventures and affiliated companies

 

 

17,044

 

 

 

14,960

 

Unrealized exchange gains and other

 

 

3,335

 

 

 

3,163

 

Total deferred tax liabilities

 

$

70,618

 

 

$

60,181

 

 

 

 

 

 

 

 

 

 

Net deferred tax liability

 

$

(3,584

)

 

$

(6,279

)

 

 

 

 

 

 

 

 

 

 

 

December 31,

 

 

 

2016

 

 

2015

 

 

 

(In thousands)

 

Deferred tax assets and liabilities in the accompanying

 

 

 

 

 

 

 

 

Consolidated Balance Sheets include:

 

 

 

 

 

 

 

 

Deferred tax assets

 

$

21,116

 

 

$

18,822

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities

 

 

24,700

 

 

 

25,101

 

 

 

 

 

 

 

 

 

 

Net deferred tax liability

 

$

(3,584

)

 

$

(6,279

)

 

At December 31, 2016, we had a valuation allowance of $335 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 $373 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 2017 to 2019. The foreign net operating losses have a valuation allowance of $76 million against the related deferred taxes. We have U.S. federal net operating loss carryforwards of approximately $745 million, which includes $17 million for which the benefit will be recorded in APIC when realized, and carry a $261 million valuation allowance against the related deferred taxes. The U.S. federal net operating loss carryforwards are scheduled to expire in years 2030 to 2036. We have state net operating losses of $355 million available to offset future taxable income in states where we operate. The state net operating loss carryforwards are scheduled to expire in years 2017 to 2030. We are carrying a valuation allowance of $18 million against the deferred tax asset related to the state loss carryforwards.

We have provided $21 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, 2016, the undistributed earnings of these subsidiaries were $236 million. Unrecognized deferred income tax liabilities, including withholding taxes, of approximately $0.2 million would be payable upon distribution of these earnings.

We operate under a tax holiday in Malaysia, our new Asia Pacific headquarters. This tax holiday is effective through December 31, 2020, and may be extended for an additional five years if we satisfy certain requirements. The Malaysian tax holiday reduced our 2016 foreign income tax expense by $0.2 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,

 

 

 

2016

 

 

2015

 

 

2014

 

 

 

(in thousands)

 

Balance at beginning of period

 

$

36,353

 

 

$

34,106

 

 

$

40,613

 

Increases based on tax positions taken in the current year

 

 

2,328

 

 

 

4,720

 

 

 

3,479

 

Increases based on tax positions taken in prior years

 

 

7,741

 

 

 

4,710

 

 

 

3,195

 

Decreases based on tax positions taken in prior years

 

 

(5,090

)

 

 

(2,836

)

 

 

(863

)

Decreases due to lapse of applicable statute of limitation

 

 

(310

)

 

 

(4,347

)

 

 

(12,318

)

Balance at end of period

 

$

41,022

 

 

$

36,353

 

 

$

34,106

 

 

The entire balance of unrecognized tax benefits at December 31, 2016 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, 2016, 2015 and 2014, we had recorded liabilities of approximately $20 million, $16 million and $15 million, respectively, for the payment of tax-related interest and penalties.