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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Income (loss) before taxes is summarized as follows:
Year Ended December 31,
(in thousands)202020192018
United States operations$138,426 $(456,403)$106,222 
Foreign and U.S. territory operations35,853 30,569 26,391 
Total$174,279 $(425,834)$132,613 
The income tax expense (benefit) is as follows:
Year Ended December 31,
(in thousands)202020192018
Current (benefit) expense:
Federal$(36,159)$(2,884)$21,055 
State(1,282)3,585 8,676 
Foreign and U.S. territories11,130 5,299 5,550 
Total current (benefit) expense:(26,311)6,000 35,281 
Deferred expense (benefit):
Federal38,667 (43,579)(1,773)
State10,608 (27,566)1,278 
Foreign and U.S. territories(1,022)(464)46 
Total deferred expense (benefit):48,253 (71,609)(449)
Total expense (benefit):$21,942 $(65,609)$34,832 
The following table is a reconciliation of the Company’s income tax provision at the statutory federal tax rate to the Company’s effective tax rate:
Year Ended December 31,
202020192018
(dollars in thousands)AmountRateAmountRateAmountRate
Federal income tax expense (benefit) at statutory tax rate$36,599 21.0 %$(89,425)21.0 %$27,849 21.0 %
State income taxes, net of federal tax benefit8,518 4.9 (18,442)4.3 9,011 6.8 
Stock based compensation3,185 1.8 1,706 (0.4)— — 
Impact of federal tax law changes(14,476)(8.3)— — 211 0.2 
Officers' compensation2,486 1.4 2,938 (0.7)3,078 2.3 
Goodwill impairment— — 43,990 (10.3)— — 
Noncontrolling interests(9,799)(5.6)(6,064)1.4 (3,232)(2.4)
Federal R&D credits(3,007)(1.7)(3,998)0.9 (2,658)(2.0)
Reversal of reserve for uncertain tax positions due to statute expirations(489)(0.3)(773)0.2 (1,958)(1.5)
Foreign tax rate differences1,491 0.9 4,940 (1.2)(19)— 
Other(2,566)(1.5)(481)0.2 2,550 1.9 
Income tax expense (benefit)$21,942 12.6 %$(65,609)15.4 %$34,832 26.3 %
The Company's provision for income taxes and effective tax rate for the year ended December 31, 2020 was significantly impacted by a change in tax law. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law. A major provision of the CARES Act allows net operating losses from the 2018, 2019 and 2020 tax years to be carried back up to five years. As a result, for the year ended December 31, 2020, the Company was able to recognize tax benefits substantially in excess of the current federal statutory rate of 21% due to the effects of carrying back its net operating loss arising in 2019 to tax years in which the federal statutory rate was 35%.
The Company’s provision for income taxes and effective tax rate for the year ended December 31, 2019 was significantly impacted by the goodwill impairment charge discussed in Note 6. Of the total goodwill impairment charge of $379.9 million, approximately $209.5 million pertained to goodwill that was not tax deductible and yielded permanent differences between book income and taxable income. For the year ended December 31, 2019, the Company recognized U.S. federal and state tax benefits totaling $49.4 million as a result of the impairment charge.
The following is a summary of the significant components of the deferred tax assets and liabilities:
As of December 31,
(in thousands)20202019
Deferred tax assets:
Timing of expense recognition$24,470 $44,761 
Net operating losses19,968 23,711 
Goodwill19,315 26,658 
Other, net10,155 17,098 
Deferred tax assets73,908 112,228 
Valuation allowance— (2,212)
Net deferred tax assets73,908 110,016 
Deferred tax liabilities:
Intangible assets, due primarily to purchase accounting(15,212)(15,309)
Fixed assets(76,567)(75,461)
Construction contract accounting(9,769)(13,464)
Joint ventures(41,669)(24,331)
Other(11,962)(16,567)
Deferred tax liabilities(155,179)(145,132)
Net deferred tax liabilities$(81,271)$(35,116)
As of December 31, 2020, the Company had net operating loss carryforwards for income tax purposes in various states totaling $196.5 million with expiration dates ranging from 2022 to 2039, and no net operating loss carryforwards for federal income tax purposes. As of December 31, 2019, the Company had federal and various state net operating loss carryforwards for income tax purposes of $29.3 million and $184.8 million, respectively. As of December 31, 2020, the Company had federal and state credit carryforwards of approximately $1.4 million and $2.0 million, respectively. As of December 31, 2019, the Company had federal and state credit carryforwards of approximately $6.0 million and $1.2 million, respectively.
The net deferred tax liabilities are presented in the Consolidated Balance Sheets as follows:
As of December 31,
(in thousands)20202019
Deferred tax assets$1,695 $570 
Deferred tax liabilities(82,966)(35,686)
Net deferred tax liabilities$(81,271)$(35,116)
The Company’s policy is to record interest and penalties on unrecognized tax benefits as an element of income tax expense. The cumulative amounts related to interest and penalties are added to the total unrecognized tax liabilities on the balance sheet. The total amount of gross unrecognized tax benefits as of December 31, 2020 that, if recognized, would affect the effective tax rate is $8.7 million. The Company does not expect any significant release of unrecognized tax benefits within the next twelve months.
The Company accounts for its uncertain tax positions in accordance with GAAP. The following is a reconciliation of the beginning and ending amounts of these unrecognized tax benefits for the three years ended December 31, 2020:
As of December 31,
(in thousands)202020192018
Beginning balance$5,682 $4,998 $6,495 
Change in tax positions of prior years2,286 351 (302)
Change in tax positions of current year1,202 1,106 763 
Reduction in tax positions for statute expirations(489)(773)(1,958)
Ending Balance$8,681 $5,682 $4,998 
The Company conducts business internationally and, as a result, one or more of its subsidiaries files income tax returns in U.S. federal, U.S. state and certain foreign jurisdictions. Accordingly, in the normal course of business, the Company is subject to examination by taxing authorities principally throughout the United States, Guam and Canada. The Company's open tax years for a U.S. federal income tax audit are for fiscal years 2017 and later, although there is currently no audit being conducted by the Internal Revenue Service. The Company has various years open to audit in a number of state and local jurisdictions and is currently under audit by certain state taxing authorities.