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Income Taxes
12 Months Ended
Dec. 31, 2014
Income Taxes [Abstract]  
Income Taxes

Note 7 — Income Taxes 

 

We and our subsidiaries file a consolidated U.S. federal income tax return.  We believe that our recorded assets and liabilities are reasonable; however, tax laws and regulations are subject to interpretation and tax litigation is inherently uncertain, and therefore our assessments can involve a series of complex judgments about future events and rely heavily on estimates and assumptions. 

 

Components of income tax provision (benefit) on continuing operations reflected in the consolidated statements of operations consisted of the following (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31,

 

 

 

2014

 

2013

 

2012

 

 

 

 

 

 

 

 

 

Current

$

43,817 

$

57,128 

$

6,572 

 

Deferred

 

23,154 

 

(25,516)

 

(65,730)

 

 

$

66,971 

$

31,612 

$

(59,158)

 

 

 

 

 

 

 

 

 

 

 

Domestic

$

29,613 

$

11,615 

$

(78,211)

 

Foreign

 

37,358 

 

19,997 

 

19,053 

 

 

$

66,971 

$

31,612 

$

(59,158)

 

 

Components of income (loss) before income taxes are as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31,

 

 

 

2014

 

2013

 

2012

 

 

 

 

 

 

 

 

 

Domestic

$

73,700 

$

36,176 

$

(256,859)

 

Foreign

 

188,821 

 

107,412 

 

130,861 

 

 

$

262,521 

$

143,588 

$

(125,998)

 

 

Income taxes have been provided based on the U.S. statutory rate of 35% and at the local statutory rate for each foreign jurisdiction adjusted for items that are allowed as deductions for federal and foreign income tax reporting purposes, but not for book purposes.  The primary differences between the statutory rate and our effective rate from continuing operations are as follows: 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31,

 

 

2014

 

2013

 

2012

 

 

 

 

 

 

 

 

Statutory rate

35.0 

%

35.0 

%

35.0 

%

Foreign provision

(9.1)

 

(11.6)

 

11.2 

 

Other

(0.4)

 

(1.4)

 

0.8 

 

Effective rate

25.5 

%

22.0 

%

47.0 

%

 

Deferred income taxes result from the effect of transactions that are recognized in different periods for financial and tax reporting purposes.  The nature of these differences and the income tax effect of each as of December 31, 2014 and 2013 are as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

2014

 

2013

 

Deferred tax liabilities:

 

 

 

 

 

Depreciation

$

211,903 

$

169,404 

 

Original Issue Discount on 2032 Notes

 

16,269 

 

14,720 

 

Equity investments in production facilities

 

50,685 

 

84,870 

 

Prepaid and other

 

4,211 

 

7,556 

 

Total deferred tax liabilities

$

283,068 

$

276,550 

 

 

 

 

 

 

 

Deferred tax assets:

 

 

 

 

 

Net operating losses

$

(23,076)

$

(40,105)

 

Reserves, accrued liabilities and other

 

(53,973)

 

(44,999)

 

Total deferred tax assets

 

(77,049)

 

(85,104)

 

Valuation allowance

 

23,076 

 

22,860 

 

   

 

 

 

 

 

Net deferred tax liabilities

$

229,095 

$

214,306 

 

 

 

 

 

 

 

Deferred income tax is presented as:

 

 

 

 

 

Current deferred tax assets

 

(31,180)

 

(51,573)

 

Noncurrent deferred tax liabilities

 

260,275 

 

265,879 

 

Net deferred tax liabilities

$

229,095 

$

214,306 

 

 

At December 31, 2014, we had a $23.1 million valuation allowance related to certain non-U.S. deferred tax assets, primarily net operating losses generated in Australia, as management believes it is more likely than not that we will not be able to utilize the tax benefit.  Additional valuation allowances may be made in the future if in management’s opinion it is more likely than not that the tax benefit will not be utilized.

 

We consider the undistributed earnings of our principal non-U.S. subsidiaries to be permanently reinvested.  At December 31, 2014 and 2013, our principal non-U.S. subsidiaries had accumulated earnings and profits of approximately $338.0 million and  $202.6 million, respectively.  We have not provided deferred U.S. income tax on the accumulated earnings and profits as we consider them permanently reinvested.

 

We had no uncertain tax positions as of December 31, 2014.  We account for tax-related interest in interest expense and tax penalties in selling, general and administrative expenses.  We accrued $0.2 million for interest in each of 2012 and 2013, which brought our total liabilities for interest and penalties to $1.3 million in  the accompanying consolidated balance sheet at December 31, 2013.  At both December 31, 2013 and 2012, we had $3.4 million of unrecognized tax benefits that if recognized would have affected the annual effective rate.  A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

2014

 

2013

 

2012

 

 

 

 

 

 

 

 

 

Balance at January 1,

$

4,723 

$

4,506 

$

7,085 

 

Additions for tax positions of prior years

 

 -

 

217 

 

206 

 

Reductions for tax positions of prior years

 

(4,723)

 

 -

 

(2,785)

 

Balance at December 31,

$

 -

$

4,723 

$

4,506 

 

 

In 2012, we reversed a $2.8 million long-term liability originally recorded in 2011 related to an uncertain tax position that we ultimately did not take when the 2011 tax return was filed.  In 2014, we recognized a $3.4 million tax benefit as a result of the completion of examination procedures for the 2006 through 2010 audit period by the U.S. Internal Revenue Service (“IRS”) (see below)In connection with the recognition of that benefit, we reversed approximately  $1.3 million of accrued interest and penalties.

 

We file tax returns in the U.S. and in various state, local and non-U.S. jurisdictions.  We anticipate that any potential adjustments to our state, local and non-U.S. jurisdiction tax returns by tax authorities would not have a material impact on our financial position. In June 2014, the IRS and the Joint Committee on Taxation completed the examination procedures including all appeals and administrative reviews that the taxing authorities are required and expected to perform for the 2006 through 2010 audit period, and in September 2014, we received an income tax refund in the amount of $35.2 million.  The refund was primarily attributable to the utilization of a net operating loss carryback from 2010.  The tax periods from 2006 through 2014 remain open to review and examination by the IRS.  In non-U.S. jurisdictions, the open tax periods include 2009 through 2014.