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Income Taxes
 12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
The components of income (loss) before income taxes for the years ended December 31, (in millions):
 
 
2019
 
2018
 
2017
Domestic
 
$
(1,248.7
)
 
$
(8,099.1
)
 
$
(104.9
)
Foreign
 
397.1

 
107.4

 
1,024.2

Total
 
$
(851.6
)
 
$
(7,991.7
)
 
$
919.3


The provision for income taxes consists of the following for the years ended December 31, (in millions):
 
2019
 
2018
 
2017
Current:
 
 
 
 
 
Federal
$
8.6

 
$
121.4

 
$
272.1

State
10.6

 
31.0

 
21.4

Foreign
42.0

 
203.5

 
168.5

Total current
61.2

 
355.9

 
462.0

Deferred:
 
 
 
 
 
Federal
(354.5
)
 
(1,035.3
)
 
(1,733.3
)
State
(63.2
)
 
(283.3
)
 
28.5

Foreign
(650.2
)
 
(266.7
)
 
(77.0
)
Total deferred
(1,067.9
)
 
(1,585.3
)
 
(1,781.8
)
Total income tax benefit
(1,006.7
)
 
(1,229.4
)
 
(1,319.8
)
Total income tax provision - discontinued operations
31.0

 
129.5

 
195.2

Total income tax benefit - continuing operations
$
(1,037.7
)
 
$
(1,358.9
)
 
$
(1,515.0
)

A reconciliation of the U.S. statutory rate to the effective income tax rate on a continuing basis is as follows for the years ended December 31:
 
2019
 
2018
 
2017
Statutory rate
21.0
 %
 
21.0
 %
 
35.0
 %
 
 
 
 
 
 
State income taxes, net of federal income tax effect
3.8

 
2.4

 
1.1

U.S. foreign inclusions and foreign tax credit
(1.6
)
 
2.1

 
2.0

Foreign rate differential
4.9

 
0.4

 
(18.5
)
Change in uncertain tax positions
5.9

 
0.2

 
(3.0
)
Change in valuation allowance reserve
(5.9
)
 
0.8

 
(4.6
)
Foreign statutory tax rate change
—

 
—

 
(1.7
)
Impairment
(3.3
)
 
(9.7
)
 
1.8

Sale of businesses
—

 
—

 
(8.1
)
Capital loss
25.4

 
—

 
—

Reversal of outside basis difference
0.4

 
—

 
(6.7
)
U.S. Tax Reform, impact of change in tax rate and other
—

 
—

 
(174.4
)
U.S. Tax Reform, federal income tax on mandatory deemed repatriation
—

 
0.2

 
19.3

Non-deductible compensation
(1.6
)
 
(0.1
)
 
0.9

Return to provision
2.2

 
(0.1
)
 
(9.2
)
Other taxes
1.6

 
0.1

 
2.5

Outbound transfer of U.S. assets (1)
68.3

 
—

 
—

Other
0.8

 
(0.3
)
 
(1.2
)
Effective rate
121.9
 %
 
17.0
 %
 
(164.8
)%

(1)
In connection with the Company's execution to rationalize its legal entities along with centralizing the ownership of certain intellectual property rights for its comprehensive management and protection, the Company transferred these intellectual
property rights to a wholly-owned subsidiary, which resulted in the creation of deferred tax assets and a corresponding income tax benefit of $522 million.
    
On December 22, 2017, the Tax Cuts and Jobs Act (“U.S. Tax Reform”) was enacted. The legislation significantly changed U.S. tax law by lowering the federal corporate tax rate from 35.0% to 21.0%, effective January 1, 2018, modifying the foreign earnings deferral provisions, and imposing a one-time toll charge on deemed repatriated earnings of foreign subsidiaries at December 31, 2017. Effective for 2018 and forward, there are additional changes including changes to bonus depreciation, the deduction for executive compensation and interest expense, a tax on global intangible low-taxed income provisions (“GILTI”), the base erosion anti-abuse tax (“BEAT”), and a deduction for foreign-derived intangible income (“FDII”). At December 31, 2017, two provisions that affected the consolidated financial statements were the corporate tax rate reduction and the one-time toll charge. As the corporate tax rate reduction was enacted in 2017 and effective January 1, 2018, the Company appropriately accounted for the tax rate change in the valuation of its deferred taxes. As a result, the Company recorded a tax benefit of $1.5 billion in the 2017 statement of operations.

In the fourth quarter of 2018, the Company completed its accounting for the tax effects of U.S. Tax Reform. The Company recorded immaterial adjustments to its toll charge and finalized its accounting related to deferred income taxes, executive compensation, and our indefinite reinvestment assertion. The Company elected to account for the tax on GILTI as a period cost and therefore has not recorded deferred taxes related to GILTI on its foreign subsidiaries.

At December 31, 2019, the Company has accumulated unremitted earnings generated by our foreign subsidiaries of approximately $6.0 billion. A portion of these earnings were subject to U.S. federal taxation with the one-time toll charge. The Company is no longer asserting indefinite reinvestment on a portion of its unremitted earnings of its foreign subsidiaries at December 31, 2019 and is recognizing deferred income taxes of approximately $10.8 million, primarily related to the future U.S. state tax effects of unremitted foreign earnings. With respect to unremitted earnings of $5.4 billion and any other additional outside basis differences where the Company is continuing to assert indefinite reinvestment, any future reversals could be subject to additional foreign withholding taxes, U.S. state taxes and certain tax impacts relating to foreign currency exchange effects on any future repatriations of the unremitted earnings.
Deferred tax assets (liabilities) consist of the following at December 31, (in millions):
 
2019
 
2018
Deferred tax assets:
 
 
 
Accruals
$
124.4

 
$
139.1

Inventory
28.8

 
32.5

Pension and other postretirement benefits
78.5

 
81.7

Net operating losses
341.6

 
339.9

Foreign tax credits
155.9

 
133.3

Capital loss carryforward
211.8

 
15.2

Operating lease liabilities
172.3

 
—

Other
157.2

 
132.6

Total gross deferred tax assets
1,270.5

 
874.3

Less: valuation allowance
(270.5
)
 
(195.0
)
Net deferred tax assets after valuation allowance
1,000.0

 
679.3

Deferred tax liabilities:
 
 
 
Accelerated depreciation
(79.7
)
 
(92.2
)
Amortizable intangibles
(517.7
)
 
(1,419.2
)
Outside basis differences
(40.6
)
 
(25.7
)
Operating lease assets
(158.1
)
 
—

Other
(53.3
)
 
(48.9
)
Total gross deferred tax liabilities
(849.4
)
 
(1,586.0
)
Net deferred tax assets (liabilities)
$
150.6

 
$
(906.7
)


The net deferred tax amounts have been classified in the balance sheet at December 31, (in millions):
 
 
2019
 
2018
Noncurrent deferred tax assets
 
$
775.5

 
$
183.3

Noncurrent deferred tax liabilities
 
(624.9
)
 
(1,090.0
)
Total
 
$
150.6

 
$
(906.7
)


At December 31, 2019, the Company has approximately $1.2 billion comprised of $257 million U.S. and $969 million of foreign net operating losses (“NOLs”), of which approximately $871 million do not expire and approximately $355 million expire between 2020 and 2037. Additionally, approximately $135 million of U.S. federal NOLs are subject to varying limitations on their use under Section 382 of the Internal Revenue Code of 1986, as amended. Of these U.S. federal NOLs, approximately $130 million are not reflected in the consolidated financial statements and approximately $32.0 million were utilized in the current year. At December 31, 2019, the Company has approximately $1.8 billion of state NOLs, which expire between 2020 and 2038. Additionally, approximately $227 million of state NOLs are subject to varying limitations on their use under Section 382 of the Internal Revenue Code of 1986, as amended. Of these state NOLs, approximately $227 million are not reflected in the consolidated financial statements and approximately $11.5 million were utilized in the current year.
The majority of the U.S. foreign tax credits are recognized as a deferred tax asset at December 31, 2019 and were generated at December 31, 2018 and can be carried back one year and carried forward ten years. The Company has approximately $614 million of U.S. capital loss carryforwards which were generated at December 31, 2019 and can be carried back three years and carried forward five years. The Company has approximately $387 million of state capital loss carryforwards which were generated at December 31, 2019, of which $185 million can be carried back three years and carried forward five years, and $202 million can be carried forward five years.
The Company routinely reviews valuation allowances recorded against deferred tax assets on a more likely than not basis as to whether the Company will realize the deferred tax assets. In making such a determination, the Company takes into consideration all available and appropriate positive and negative evidence, including projected future taxable income, future reversals of existing taxable temporary differences, the ability to carryback net operating losses, and available tax planning strategies. Although realization is not assured, based on this existing evidence, the Company believes it is more likely than not that the Company will realize the benefit of existing deferred tax assets, net of the valuation allowances.
At December 31, 2019, the Company has a valuation allowance recorded against certain U.S., state, and foreign NOLs and other deferred tax assets the Company believes are not more likely than not to be realized due to the uncertainty resulting from a lack of previous taxable income within the applicable tax jurisdictions. A valuation allowance of $271 million and $195 million was recorded against certain deferred tax asset balances at December 31, 2019 and 2018, respectively. For 2019, the Company recorded a net valuation allowance increase of $75.5 million, primarily comprised of U.S. NOLs and other deferred tax assets related to a subsidiary currently excluded from the Company’s U.S. consolidated income tax return of $52.7 million, state capital loss, and other miscellaneous changes in U.S., state and non-U.S. valuation allowances related to ongoing operations. For 2018, the Company recorded a net valuation allowance decrease of $98.0 million, primarily comprised of a valuation allowance decrease of $64.2 million relating to the Company’s French operations for which the Company concluded the deferred tax assets were realizable, expiration of NOLs in Japan on which a valuation allowance was recorded, and other miscellaneous changes in valuation allowances related to ongoing operations.
The following table summarizes the changes in gross unrecognized tax benefits periods indicated are as follows (in millions):
 
2019
 
2018
 
2017
Unrecognized tax benefits, January 1,
$
463.0

 
$
385.3

 
$
379.0

Increases (decreases):
 
 
 
 
 
Increases in tax positions for prior years
35.3

 
35.9

 
26.0

Decreases in tax positions for prior years
(30.9
)
 
(20.6
)
 
(12.3
)
Increase in tax positions for the current period
83.5

 
115.0

 
34.5

Purchase accounting adjustments (See Footnote 1 and Footnote 8)
(8.8
)
 
—

 
—

Currency translation adjustments
0.4

 
—

 
—

Settlements with taxing authorities
(1.7
)
 
(6.2
)
 
—

Lapse of statute of limitations
(66.4
)
 
(46.4
)
 
(41.9
)
Unrecognized tax benefits, December 31,
$
474.4

 
$
463.0

 
$
385.3


If recognized, $437 million, $444 million and $365 million of unrecognized tax benefits at December 31, 2019, 2018, and 2017 respectively, would affect the effective tax rate. The Company recognizes interest and penalties, if any, related to unrecognized tax benefits as a component of income tax expense. During 2019, 2018, and 2017 the Company recognized income tax expense on interest and penalties of $10.6 million, $8.0 million and $8.3 million, respectively, due to the accrual of current year interest on existing positions offset by the resolution of certain tax contingencies.
The Company anticipates approximately $66 million of unrecognized tax benefits will reverse within the next 12 months. It is reasonably possible due to activities of various worldwide taxing authorities, including proposed assessments of additional tax and possible settlement of audit issues that additional changes to the Company’s unrecognized tax benefits could occur. In the normal course of business, the Company is subject to audits by worldwide taxing authorities regarding various tax liabilities. The Company’s U.S. federal income tax returns for 2011, 2012, 2013, 2014, 2015, 2017 and 2018, as well as certain state and non-U.S. income tax returns for various years, are under examination.
The Company files numerous consolidated and separate income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. The statute of limitations for the Company’s U.S. federal income tax returns has expired for years prior to 2011. The Company’s Canadian tax returns are subject to examination for years after 2010. With few exceptions, the Company is no longer subject to other income tax examinations for years before 2014.

On June 18, 2019, the U.S. Treasury and the Internal Revenue Service released temporary regulations under IRC Section 245A
(“Section 245A”) as enacted by the 2017 U.S. Tax Reform Legislation (“2017 Tax Reform”) and IRC Section 954(c)(6) (the “Temporary Regulations”) to apply retroactively to the date the 2017 Tax Reform was enacted. The Temporary Regulations seek to limit the 100% dividends received deduction permitted by Section 245A for certain dividends received from controlled foreign corporations and to limit the applicability of the look-through exception to foreign personal holding company income for certain dividends received from controlled foreign corporations. Before the retroactive application of the Temporary Regulations, the Company benefited in 2018 from both the 100% dividends received deduction and the look-through exception to foreign personal holding company income. The Company has analyzed the Temporary Regulations and concluded that the relevant Temporary Regulations were not validly issued. Therefore, the Company has not accounted for the effects of the Temporary Regulations in its Consolidated Financial Statements for the period ending December 31, 2019. The Company believes it has strong arguments in favor of its position and believes it has met the more likely than not recognition threshold that its position will be sustained. However, due to the inherent uncertainty involved in challenging the validity of regulations, as well as a potential litigation process, there can be no assurances that the relevant Temporary Regulations will be invalidated or that a court of law will rule in favor of the Company. If the Company’s position on the Temporary Regulations is not sustained, the Company would be required to recognize an income tax expense of approximately $180 million to $220 million related to an income tax benefit from the 2018 year that was recorded based on regulations in existence at the time. In addition, the Company may be required to pay any applicable interest and penalties. The Company intends to vigorously defend its position.