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Income Taxes and Uncertain Income Tax Positions
6 Months Ended
Jun. 30, 2021
Taxes on Income and Uncertain Tax Positions [Abstract]  
Taxes on Income [Text Block]
Note 11 – Income Taxes
 
and Uncertain Income Tax
 
Positions
The Company’s effective
 
tax rates for the three and six months ended June 30, 2021 were
 
an expense of
32.2
% and
28.4
%,
respectively, compared
 
to an expense of
57.9
% and a benefit of
20.7
% for the three and six months ended June 30, 2020, respectively.
 
The Company’s current
 
year effective tax rates were largely
 
impacted by the sale of certain held-for-sale real
 
property assets related to
the Combination,
 
changes in foreign tax credit valuation allowances, tax law changes
 
in a foreign jurisdiction and the income tax
impacts of certain non-income tax credits recorded
 
by the Company’s Brazilian
 
subsidiaries described in Note 19 of Notes to
Condensed Consolidated Financial Statements.
 
Comparatively, the prior
 
year effective tax rates were impacted by the
 
tax effect of
certain one-time pre-tax losses as well as certain tax charges
 
and benefits in the prior year period including those related
 
to changes in
foreign tax credit valuation allowances, tax law changes in
 
a foreign jurisdiction, changes in uncertain tax positions and
 
the tax
impacts of the Company’s
 
termination of its Legacy Quaker U.S. Pension Plan.
As of December 31, 2020, the Company had a deferred
 
tax liability of $
5.9
 
million, which primarily represents the Company’s
estimate of non-U.S. taxes it will incur to repatriate
 
certain foreign earnings to the U.S.
 
The balance as of June 30, 2021 was $
6.5
million.
 
As of June 30, 2021, the Company’s
 
cumulative liability for gross unrecognized tax benefits was $
24.0
 
million, an increase of
$
1.8
 
million from the cumulative liability accrued as of December 31, 2020.
 
The Company continues to recognize interest and penalties
 
associated with uncertain tax positions as a component of
 
taxes on
income (loss) before equity in net income of associated
 
companies in its Condensed Consolidated Statements of Operations.
 
The
Company recognized an expense for interest of approximately
 
$
0.2
 
million and $
0.2
 
million and a benefit of less than $
0.1
 
million and
$
0.2
 
million for penalties in its Condensed Consolidated Statement of
 
Operations for the three and six months ended June 30, 2021,
respectively, and recognized
 
an expense of $
0.6
 
million and $
0.6
 
million for interest and an expense of $
0.6
 
million and $
0.5
 
million
for penalties in its Condensed Consolidated Statement of
 
Operations for the three and six months ended June 30, 2020
 
,
 
respectively.
 
As of June 30, 2021, the Company had accrued $
3.2
 
million for cumulative interest and $
3.6
 
million for cumulative penalties in its
Condensed Consolidated Balance Sheets, compared
 
to $
3.0
 
million for cumulative interest and $
3.9
 
million for cumulative penalties
accrued at December 31, 2020.
 
During the six months ended June 30, 2021 and 2020, the
 
Company recognized decreases of $
0.8
million and $
1.5
 
million, respectively,
 
in its cumulative liability for gross unrecognized tax benefits
 
due to the expiration of the
applicable statutes of limitations for certain tax years.
The Company estimates that during the year ending December
 
31, 2021 it will reduce its cumulative liability for gross
unrecognized tax benefits by approximately $
1.5
 
million due to the expiration of the statute of limitations with regard
 
to certain tax
positions.
 
This estimated reduction in the cumulative liability for unrecognized
 
tax benefits does not consider any increase in liability
for unrecognized tax benefits with regard to existing tax
 
positions or any increase in cumulative liability for unrecognized
 
tax benefits
with regard to new tax positions for the year ending December
 
31, 2021.
The Company and its subsidiaries are subject to U.S. Federal income
 
tax, as well as the income tax of various state and foreign
tax jurisdictions.
 
Tax years that remain
 
subject to examination by major tax jurisdictions include Italy
 
from
2006
, Brazil from
2011
,
the Netherlands and China from
2015
, Mexico, Spain, Germany and the United Kingdom from
2016
, Canada and the U.S. from
2017
,
India from fiscal year beginning April 1, 2018 and ending
 
March 31,
2019
, and various U.S. state tax jurisdictions from
2011
.
 
As previously reported, the Italian tax authorities have assessed additional tax due from the Company’s subsidiary, Quaker Italia
S.r.l., relating to the tax years 2007 through 2015. The Company has filed for competent authority relief from these assessments under
the Mutual Agreement Procedures (“MAP”) of the Organization for Economic Co-Operation and Development for all years except
2007. In 2020, the respective tax authorities in Italy, Spain and the Netherlands reached agreement with respect to the MAP
proceedings which the Company has accepted.
 
As of June 30, 2021, the Company has received $
1.6
 
million in refunds from the
Netherlands and Spain and expects to pay $
2.6
 
million due to Italy in the second half of 2021.
 
As of June 30, 2021, the Company
believes it has adequate reserves for the remaining
 
uncertain tax positions related to 2007.
Houghton Italia, S.r.l
 
is also involved in a corporate income tax audit with the Italian tax
 
authorities covering tax years
2014
through
2018
.
 
As of June 30, 2021, the Company has a $
5.6
 
million reserve for uncertain tax positions relating to matters related
 
to
this audit.
 
Since the reserve relates to the tax periods prior to August
 
1, 2019, the tax liability was established through purchase
accounting related to the Combination.
 
The Company has also submitted an indemnification claim against
 
funds held in escrow by
Houghton’s former owners
 
and as a result, a corresponding $
5.6
 
million indemnification receivable has also been established through
purchase accounting.
Houghton Deutschland GmbH is also under audit by
 
the German tax authorities for the tax years
2015
 
through
2017
.
 
Based on
preliminary audit findings, primarily related to
 
transfer pricing, the Company has recorded reserves for $
0.9
 
million as of June 30,
2021.
 
Of this amount, $
0.8
 
million relates to tax periods prior to the Combination and
 
therefore the Company has submitted an
indemnification claim with Houghton’s
 
former owners for any tax liabilities arising pre-Combination.
 
As a result, a corresponding
$
0.8
 
million indemnification receivable has also been established to
 
offset the $
0.8
 
million tax liability.