Income Taxes

Income from continuing operations before income taxes consisted of the following:



	Years ended December 31
In millions	2017			2016			2015
Federal ⁽¹⁾	$	(32.8	)	$	(25.6	)	$	(21.8	)
International ⁽²⁾	522.0			586.6			534.3
Income from continuing operations before income taxes	$	489.2		$	561.0		$	512.5


(1)	"Federal" reflects United Kingdom ("U.K.") income from continuing operations before income taxes.


(2)	"International" reflects non-U.K. income from continuing operations before income taxes.

The provision for income taxes consisted of the following:



	Years ended December 31
In millions	2017			2016			2015
Currently payable
Federal ⁽¹⁾	$	0.5		$	(0.1	)	$	—
International ⁽²⁾	183.8			125.6			117.7
Total current taxes	184.3			125.5			117.7
Deferred
Federal ⁽¹⁾	—			(0.4		)	1.2
International ⁽²⁾	(175.1		)	(15.7		)	(3.5		)
Total deferred taxes	(175.1		)	(16.1		)	(2.3		)
Total provision for income taxes	$	9.2		$	109.4		$	115.4


(1)	"Federal" represents U.K. taxes.


(2)	"International" represents non-U.K. taxes.

Reconciliations of the federal statutory income tax rate to our effective tax rate were as follows:



	Years ended December 31
Percentages	2017		2016		2015
Federal statutory income tax rate ⁽¹⁾	19.3		20.0		20.3
Tax effect of international operations ⁽²⁾	(11.3	)	(11.8	)	(6.5	)
Change in valuation allowances	8.0		9.7		6.9
Withholding taxes	0.4		0.9		0.6
Interest limitations	0.6		0.6		0.7
Non-deductible transaction costs	0.7		0.1		0.5
Excess tax benefits on stock-based compensation	(1.7	)	—		—
Tax effect of U.S. tax reform	(17.3	)	—		—
Tax effect of early extinguishment of debt	3.2		—		—
Effective tax rate	1.9		19.5		22.5


(1)	The statutory rate for 2017, 2016 and 2015 reflects the U.K. statutory rate of 19.3%, 20.0% and 20.3%, respectively.


(2)	The tax effect of international operations consists of non-U.K. jurisdictions.

Reconciliations of the beginning and ending gross unrecognized tax benefits were as follows:



	Years ended December 31
In millions	2017			2016			2015
Beginning balance	$	71.1		$	45.6		$	40.3
Gross increases for tax positions in prior periods	5.3			27.4			4.7
Gross decreases for tax positions in prior periods	(5.0		)	(4.8		)	(1.5		)
Gross increases based on tax positions related to the current year	1.8			2.0			1.3
Gross decreases related to settlements with taxing authorities	(35.7		)	(3.4		)	(1.9		)
Reductions due to statute expiration	(2.2		)	(0.8		)	(1.4		)
Gross (decreases) increases due to currency fluctuations	1.3			(0.2		)	(2.5		)
Gross increases due to acquisitions	—			5.3			6.6
Ending balance	$	36.6		$	71.1		$	45.6

We record gross unrecognized tax benefits in Other current liabilities and Other non-current liabilities in the Consolidated Balance Sheets. Included in the $36.6 million of total gross unrecognized tax benefits as of December 31, 2017 was $34.9 million of tax benefits that, if recognized, would impact the effective tax rate. It is reasonably possible that the gross unrecognized tax benefits as of December 31, 2017 may decrease by a range of zero to $16.9 million during 2018, primarily as a result of the resolution of non-U.K. examinations, including U.S. federal and state examinations, and the expiration of various statutes of limitations. The $35.7 million gross decrease during 2017 for settlements with taxing authorities consists primarily of a settlement with the Internal Revenue Service ("IRS") related to the value of certain intellectual property sold from the U.S. to a non-U.S. affiliate. The decrease related to settlements with taxing authorities had no impact on our effective tax rate.

Based on the outcome of these examinations, or as a result of the expiration of statute of limitations for specific jurisdictions, it is reasonably possible that certain unrecognized tax benefits for tax positions taken on previously filed tax returns will materially change from those recorded as liabilities in our financial statements. During 2017, the IRS completed their examination of the Panthro Acquisition Co. U.S. federal income tax returns for tax years ending December 31, 2012 and December 31, 2013. A number of tax periods from 2003 to present are under audit by tax authorities in various jurisdictions, including Canada, China, Germany, India, the Netherlands and New Zealand. We anticipate that several of these audits may be concluded in the foreseeable future.

We record penalties and interest related to unrecognized tax benefits in Provision for income taxes and Interest expense, respectively, in the Consolidated Statements of Operations and Comprehensive Income (Loss). As of December 31, 2017 and 2016, we have liabilities of $2.3 million and $2.4 million, respectively, for the possible payment of penalties and $9.4 million and $11.0 million, respectively, for the possible payment of interest expense, which are recorded in Other current liabilities in the Consolidated Balance Sheets.

Deferred taxes arise because of different treatment between financial statement accounting and tax accounting, known as "temporary differences." We record the tax effect of these temporary differences as "deferred tax assets" (generally items that can be used as a tax deduction or credit in future periods) and "deferred tax liabilities" (generally items for which we received a tax deduction but the tax impact has not yet been recorded in the Consolidated Statements of Operations and Comprehensive Income (Loss)).

Deferred taxes were recorded in the Consolidated Balance Sheets as follows:



	December 31
In millions	2017		2016
Other non-current assets	43.0		39.0
Deferred tax liabilities	394.8		609.5
Net deferred tax liabilities	$	351.8	$	570.5

The tax effects of the major items recorded as deferred tax assets and liabilities were as follows:



	December 31
In millions	2017		2016
Deferred tax assets
Accrued liabilities and reserves	$	55.2	$	83.2
Pension and other post-retirement compensation and benefits	53.8		48.9
Employee compensation and benefits	43.5		76.6
Tax loss and credit carryforwards	811.7		391.0
Total deferred tax assets	964.2		599.7
Valuation allowance	792.4		380.8
Deferred tax assets, net of valuation allowance	171.8		218.9
Deferred tax liabilities
Property, plant and equipment	16.5		23.6
Goodwill and other intangibles	484.7		733.7
Other liabilities	22.4		32.1
Total deferred tax liabilities	523.6		789.4
Net deferred tax liabilities	$	351.8	$	570.5

Included in tax loss and credit carryforwards in the table above is a deferred tax asset of $28.7 million as of December 31, 2017 related to foreign tax credit carryover from the tax period ended December 31, 2017 and related to transition taxes. The entire amount is subject to a valuation allowance. The foreign tax credit is eligible for carryforward until the tax period ending December 31, 2027.

As of December 31, 2017, tax loss carryforwards of $4,052.9 million were available to offset future income. A valuation allowance of $762.2 million exists for deferred income tax benefits related to the tax loss carryforwards which may not be realized. The increase in tax loss carryforwards and valuation allowance from 2016 to 2017 were primarily related to internal restructuring transactions and interest expense. We believe sufficient taxable income will be generated in the respective jurisdictions to allow us to fully recover the remainder of the tax losses. The tax losses primarily relate to non-U.S. carryforwards of $3,961.0 million which are subject to varying expiration periods. Non-U.S. carryforwards of $2,253.0 million are located in jurisdictions with unlimited tax loss carryforward periods, while the remainder will begin to expire in 2018. In addition, there were $91.9 million of state tax loss carryforwards as of December 31, 2017, which will expire in future years through 2037.

On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the “Act”) was signed into law making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a corporate tax rate decrease from 35% to 21% effective for tax years beginning after December 31, 2017, the transition of U.S international taxation from a worldwide tax system to a territorial system, and a one-time transition tax on the mandatory deemed repatriation of cumulative foreign earnings as of December 31, 2017.

Given the significance of the Act, Staff Accounting Bulletin No. 118 ("SAB 118") was issued to address the application of U.S. GAAP in situations when a registrant does not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Act. SAB 118 allows registrants to record provisional amounts during a one year “measurement period.” The measurement period is deemed to have ended earlier when the registrant has obtained, prepared, and analyzed the information necessary to finalize its accounting. During the measurement period, impacts of the law are expected to be recorded at the time a reasonable estimate for all or a portion of the effects can be made, and provisional amounts can be recognized and adjusted as information becomes available, prepared, or analyzed.

The Company has calculated its best estimate of the impact of the Act in its year end income tax provision in accordance with its understanding of the Act and guidance available as of the date of this filing and as a result has recorded a provisional income tax benefit of $84.8 million in the fourth quarter of 2017, the period in which the legislation was enacted. The provisional amount related to the remeasurement of certain deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future was a decrease to income tax expense of $147.7 million. The remeasurement of deferred taxes requires further analysis regarding the state tax impacts of the remeasurement, the impact of the Act on the taxation of executive compensation arrangements, changes to tax capitalization provisions and other aspects of the Act that may impact our tax balances.

The amount related to the one-time transition tax on the mandatory deemed repatriation of foreign earnings was an increase to income tax expense of $62.9 million. The determination of the transition tax requires additional analysis regarding the amount and composition of the company’s historical foreign earnings and foreign tax credit position, which is expected to be completed in the second half of 2018. No additional income taxes have been provided for any remaining undistributed foreign earnings not subject to the transition tax, or any additional outside basis difference inherent in these entities, as these amounts continue to be indefinitely reinvested in foreign operations.