INCOME TAXES

U.S. Tax Reform — On December 22, 2017, the U.S. enacted the Tax Cuts and Jobs Act (the “2017 Act”). The 2017 Act significantly changes U.S. corporate income tax law. Among other changes effective in 2017, the 2017 Act requires companies to pay a one-time tax on certain unrepatriated earnings of foreign subsidiaries.

The Company recognized the income tax effects of the 2017 Act in accordance with Staff Accounting Bulletin No. 118 (“SAB 118”) which provides SEC guidance on the application of ASC 740, Income Taxes, in the reporting period in which the 2017 Act was signed into law. Accordingly, the Company’s financial statements reflect provisional amounts for those impacts for which the accounting under ASC 740 is incomplete, but a reasonable estimate could be determined.

The Company has calculated its best estimate of the impact of the 2017 Act in its income tax provision for the year ended December 31, 2017 in accordance with its understanding of the 2017 Act and guidance available as of the date of this filing, and as a result recognized $714 million of tax expense in the fourth quarter of 2017.

This total includes a provisional tax expense of $39 million related to the remeasurement of certain deferred tax assets and liabilities from 35% to 21%. The most material deferred taxes to be remeasured related to net operating losses (after reduction for the one-time transition tax) and property, plant and equipment. Additional time is required to finalize remeasurement effects. In accordance with U.S. GAAP, the remeasurement of deferred tax assets and liabilities related to regulated utilities was recorded as a regulatory liability.

The fourth quarter impact also includes provisional tax expense of $675 million related to the one-time transition tax on the deemed repatriation of foreign earnings. The calculation of the one-time tax is quite complex, requiring determinations of liquid asset balances over three years, determination of foreign earnings and profits (“E&P," a U.S. tax measure) at multiple dates, and multiple other computations. Our estimated tax expense was impacted by cash and restricted cash balances at foreign subsidiaries, unbilled receivables, and other liquid assets taxable at a 15.5% rate and the balance of non-cash E&P taxable at 8%. We anticipate further guidance on the determination of fair value for federal tax purposes of the shares we hold in our publicly traded subsidiaries, which are considered components of our foreign subsidiaries' "cash position" and taxed at the 15.5% rate, and may materially impact our provisional estimate. The one-time transition tax had a significant impact on our 2017 effective tax rate and utilized approximately $1.9 billion or 51% of our U.S. net operating losses. The ultimate impact may differ from these provisional amounts, possibly materially, due to, among other things, additional analysis, changes in interpretations and assumptions the Company has made, additional regulatory guidance that may be issued, and actions the Company may take as a result of the 2017 Act. The accounting is expected to be complete when the 2017 U.S. corporate income tax return is filed in 2018.

Argentine Tax Reform — In December 2017, the Argentine government enacted reforms to its income tax laws that resulted in a decrease to statutory income tax rates for our Argentine businesses from 35% to 30% in 2018-2019 and to 25% for 2020 and future years. The impact of remeasuring deferred taxes to account for the enacted change in future applicable income tax rates was recognized as income tax benefit in the fourth quarter of 2017, resulting in a decrease of $21 million to consolidated income tax expense.

Chilean Tax Reform — In February 2016, the Chilean government enacted further reforms to its income tax laws that resulted in an increase to statutory income tax rates for most of our Chilean businesses from 25% to 25.5% in 2017 and to 27% for 2018 and future years. The impact of remeasuring deferred taxes to account for the enacted change in future applicable income tax rates was recognized as a discrete income tax expense in the first quarter of 2016, resulting in an increase of $26 million to consolidated income tax expense.

Income Tax Provision — The following table summarizes the expense for income taxes on continuing operations for the periods indicated (in millions):



December 31,		2017		2016			2015
Federal:	Current	$	—	$	2		$	9
	Deferred	545		(361		)	(63		)
State:	Current	—		1			1
	Deferred	1		(4		)	(5		)
Foreign:	Current	335		318			470
	Deferred	109		76			—
Total		$	990	$	32		$	412

Effective and Statutory Rate Reconciliation — The following table summarizes a reconciliation of the U.S. statutory federal income tax rate to the Company's effective tax rate as a percentage of income from continuing operations before taxes for the periods indicated:



December 31,	2017		2016		2015
Statutory Federal tax rate	35	%	35	%	35	%
State taxes, net of Federal tax benefit	(7	)%	(18	)%	(6	)%
Taxes on foreign earnings	—	%	(46	)%	5	%
Valuation allowance	10	%	10	%	(5	)%
Uncertain tax positions	—	%	4	%	(1	)%
Noncontrolling Interest on Buffalo Gap impairments	—	%	31	%	3	%
Change in tax law	90	%	12	%	—	%
Goodwill impairment	—	%	—	%	11	%
Other—net	—	%	(11	)%	—	%
Effective tax rate	128	%	17	%	42	%

For 2017, the 90% change in tax law item relates primarily to the impact of U.S. and Argentina tax reform enacted in the current period. The impact of the U.S one-time transition tax and remeasurement of deferred taxes represents 88% and 5%, respectively, which is partially offset by the tax benefit resulting from Argentina tax reform representing 3%.

For 2016, the 31% Buffalo Gap impairments item relates to the amounts of impairment allocated to noncontrolling interest which is nondeductible.

Income Tax Receivables and Payables — The current income taxes receivable and payable are included in Other Current Assets and Accrued and Other Liabilities, respectively, on the accompanying Consolidated Balance Sheets. The noncurrent income taxes receivable and payable are included in Other Noncurrent Assets and Other Noncurrent Liabilities, respectively, on the accompanying Consolidated Balance Sheets. The following table summarizes the income taxes receivable and payable as of the periods indicated (in millions):



December 31,	2017		2016
Income taxes receivable—current	$	147	$	136
Total income taxes receivable	$	147	$	136
Income taxes payable—current	$	129	$	149
Income taxes payable—noncurrent	17		22
Total income taxes payable	$	146	$	171

Deferred Income Taxes — Deferred income taxes reflect the net tax effects of (a) temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes and (b) operating loss and tax credit carryforwards. These items are stated at the enacted tax rates that are expected to be in effect when taxes are actually paid or recovered.

As of December 31, 2017, the Company had federal net operating loss carryforwards for tax purposes of approximately $1.9 billion expiring in years 2027 to 2036. The Company also had federal general business tax credit carryforwards of approximately $21 million expiring primarily from 2021 to 2037, and federal alternative minimum tax credits of approximately $5 million that may be fully recovered by 2021 under the 2017 Act. The Company had state net operating loss carryforwards as of December 31, 2017 of approximately $9.3 billion expiring in years 2018 to 2037. As of December 31, 2017, the Company had foreign net operating loss carryforwards of approximately $2.8 billion that expire at various times beginning in 2018 and some of which carry forward without expiration, and tax credits available in foreign jurisdictions of approximately $28 million, $18 million of which expire in 2021, $1 million of which expire in years 2023 to 2028, and $9 million of which carry forward without expiration.

Valuation allowances increased $112 million during 2017 to $988 million at December 31, 2017. This net increase was primarily the result of valuation allowance activity at certain of our Brazil subsidiaries.

Valuation allowances decreased $18 million during 2016 to $876 million at December 31, 2016. This net decrease was primarily the result of valuation allowance releases and foreign exchange gains at certain of our Brazil subsidiaries.

The Company believes that it is more likely than not that the net deferred tax assets as shown below will be realized when future taxable income is generated through the reversal of existing taxable temporary differences and income that is expected to be generated by businesses that have long-term contracts or a history of generating taxable income.

The following table summarizes deferred tax assets and liabilities, as of the periods indicated (in millions):



December 31,	2017			2016
Differences between book and tax basis of property	$	(1,424	)	$	(1,926	)
Other taxable temporary differences	(143		)	(335		)
Total deferred tax liability	(1,567		)	(2,261		)
Operating loss carryforwards	1,439			2,088
Capital loss carryforwards	63			59
Bad debt and other book provisions	66			96
Tax credit carryforwards	51			54
Other deductible temporary differences	60			263
Total gross deferred tax asset	1,679			2,560
Less: valuation allowance	(988		)	(876		)
Total net deferred tax asset	691			1,684
Net deferred tax (liability)	$	(876	)	$	(577	)

The Company considers undistributed earnings of certain foreign subsidiaries to be indefinitely reinvested outside of the U.S. Except for the one-time transition tax in the U.S., no taxes have been recorded with respect to our indefinitely reinvested earnings in accordance with the relevant accounting guidance for income taxes. Should the earnings be remitted as dividends, the Company may be subject to additional foreign withholding and state income taxes. Under the 2017 Act, generally future distributions from foreign subsidiaries will be subject to a dividends received deduction in the U.S. As of December 31, 2017, the cumulative amount of U.S. GAAP foreign un-remitted earnings upon which additional income taxes have not been provided is approximately $4 billion. It is not practicable to estimate the amount of any additional taxes which may be payable on the undistributed earnings.

Income from operations in certain countries is subject to reduced tax rates as a result of satisfying specific commitments regarding employment and capital investment. The Company's income tax benefits related to the tax status of these operations are estimated to be $26 million, $20 million and $21 million for the years ended December 31, 2017, 2016 and 2015, respectively. The per share effect of these benefits after noncontrolling interests was $0.03, $0.02 and $0.02 for the years ended December 31, 2017, 2016 and 2015, respectively. Included in the Company's income tax benefits is the benefit related to our operations in Vietnam, which is estimated to be $13 million, $15 million and $8 million for the years ended December 31, 2017, 2016 and 2015, respectively. The per share effect of these benefits related to our operations in Vietnam after noncontrolling interest was $0.01, $0.01 and $0.01 for the years ended December 31, 2017, 2016 and 2015, respectively.

The following table shows the income (loss) from continuing operations, before income taxes, net equity in earnings of affiliates and noncontrolling interests, for the periods indicated (in millions):



December 31,	2017			2016			2015
U.S.	$	(511	)	$	(1,305	)	$	(612	)
Non-U.S.	1,282			1,492			1,601
Total	$	771		$	187		$	989

Uncertain Tax Positions — Uncertain tax positions have been classified as noncurrent income tax liabilities unless they are expected to be paid in one year. The Company's policy for interest and penalties related to income tax exposures is to recognize interest and penalties as a component of the provision for income taxes in the Consolidated Statements of Operations. The following table shows the total amount of gross accrued income taxes related to interest and penalties included in the Consolidated Balance Sheets for the periods indicated (in millions):



December 31,	2017		2016
Interest related	$	7	$	6
Penalties related	—		—

The following table shows the expense/(benefit) related to interest and penalties on unrecognized tax benefits for the periods indicated (in millions):



December 31,	2017		2016		2015
Total expense (benefit) for interest related to unrecognized tax benefits	$	1	$	2	$	(2	)
Total expense for penalties related to unrecognized tax benefits	—		—		—

We are potentially subject to income tax audits in numerous jurisdictions in the U.S. and internationally until the applicable statute of limitations expires. Tax audits by their nature are often complex and can require several years to complete. The following is a summary of tax years potentially subject to examination in the significant tax and business jurisdictions in which we operate:



Jurisdiction		Tax Years Subject to Examination
Argentina		2011-2017
Brazil		2012-2017
Chile		2014-2017
Colombia		2015-2017
Dominican Republic		2015-2017
El Salvador		2014-2017
Netherlands		2014-2017
Philippines		2013-2017
United Kingdom		2012-2017
United States (Federal)		2014-2017

As of December 31, 2017, 2016 and 2015, the total amount of unrecognized tax benefits was $348 million, $352 million and $364 million, respectively. The total amount of unrecognized tax benefits that would benefit the effective tax rate as of December 31, 2017, 2016 and 2015 is $332 million, $332 million and $343 million, respectively, of which $29 million, $24 million and $24 million, respectively, would be in the form of tax attributes that would warrant a full valuation allowance.

The total amount of unrecognized tax benefits anticipated to result in a net decrease to unrecognized tax benefits within 12 months of December 31, 2017 is estimated to be between $5 million and $15 million, primarily relating to statute of limitation lapses and tax exam settlements.

The following is a reconciliation of the beginning and ending amounts of unrecognized tax benefits for the periods indicated (in millions):



December 31,	2017			2016			2015
Balance at January 1	$	352		$	364		$	384
Additions for current year tax positions	—			2			2
Additions for tax positions of prior years	2			1			12
Reductions for tax positions of prior years	(5		)	(1		)	(7		)
Effects of foreign currency translation	—			—			(3		)
Settlements	—			(13		)	(17		)
Lapse of statute of limitations	(1		)	(1		)	(7		)
Balance at December 31	$	348		$	352		$	364

The Company and certain of its subsidiaries are currently under examination by the relevant taxing authorities for various tax years. The Company regularly assesses the potential outcome of these examinations in each of the taxing jurisdictions when determining the adequacy of the amount of unrecognized tax benefit recorded. While it is often difficult to predict the final outcome or the timing of resolution of any particular uncertain tax position, we believe we have appropriately accrued for our uncertain tax benefits. However, audit outcomes and the timing of audit settlements and future events that would impact our previously recorded unrecognized tax benefits and the range of anticipated increases or decreases in unrecognized tax benefits are subject to significant uncertainty. It is possible that the ultimate outcome of current or future examinations may exceed our provision for current unrecognized tax benefits in amounts that could be material, but cannot be estimated as of December 31, 2017. Our effective tax rate and net income in any given future period could therefore be materially impacted.