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Income Taxes (Notes)
6 Months Ended
Jun. 30, 2018
Income Tax Disclosure [Text Block]
INCOME TAXES
The Company’s provision for income taxes is based on the estimated annual effective tax rate, plus discrete items. The effective tax rates for the three and six month periods ended June 30, 2018 were 39% and 27%, respectively. The effective tax rates for the three and six month periods ended June 30, 2017 were 38% and 40%, respectively. The difference between the Company’s effective tax rates for the 2018 and 2017 periods and the U.S. statutory tax rates of 21% and 35%, respectively, related primarily to U.S. taxes on foreign earnings, foreign tax rate differentials, and nondeductible expenses.
The Tax Cuts and Jobs Act (“The 2017 Act”) was enacted on December 22, 2017. The 2017 Act reduced the U.S. federal corporate income tax rate from 35% to 21%, required companies to pay a one-time transition tax on earnings of certain foreign subsidiaries that were previously tax deferred and created new taxes on certain foreign sourced earnings. We are applying the guidance in Staff Accounting Bulletin No. 118 (“SAB 118”) when accounting for the enactment date effect of the 2017 Act. We recognized a reasonable estimate of the tax effects of the 2017 Act as of December 31, 2017. However, as of June 30, 2018, our accounting is not complete. We will continue to refine our calculations as additional analysis is completed. Our estimates may also be affected as we gain a more thorough understanding of the tax law, including proposed regulations released by the U.S. Treasury Department on August 1 related to the one-time transition tax and other international matters. The proposed regulations have not yet been published officially in the Federal Register and the Company is continuing its review and analysis. We anticipate that guidance on the determination of fair value, for federal tax purposes, of the shares we hold in our publicly traded subsidiaries, which are considered part of our foreign subsidiaries’ “cash position” and taxed at the 15.5% one-time rate, could materially impact our provisional estimate. For further discussion on the 2017 Act, see Note 20—Income Taxes in Item 8.—Financial Statements and Supplementary Data of our 2017 Form 10-K.
In the first quarter of 2018, the Company completed the sale of its entire 51% equity interest in Masinloc, resulting in pre-tax gain of approximately $777 million. The sale resulted in approximately $155 million of discrete tax expense in the U.S. under the new GILTI provision, which subjects the earnings of foreign subsidiaries to current U.S. taxation to the extent those earnings exceed an allowable return. See Note 17—Held-for-Sale and Dispositions for details of the sale.
In the second quarter of 2018, the Company completed the sale of Electrica Santiago for total proceeds of $307 million, subject to customary post-closing adjustments, resulting in a pre-tax gain on sale of $89 million. The sale resulted in approximately $31 million of discrete tax expense. See Note 17—Held-for-Sale and Dispositions for details of the sale.