U.S. Tax Reform — In 2017, the U.S. enacted the Tax Cuts and Jobs Act (the “TCJA”). The TCJA significantly changed U.S. corporate income tax law. Among other changes effective in 2017, the TCJA required companies to pay a one-time tax on certain unrepatriated earnings of foreign subsidiaries. Many other changes took effect in 2018, including a limit on the deductibility of interest expense and a new regime for taxing certain earnings of foreign subsidiaries.

The Company recognized the income tax effects of the TCJA 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 TCJA was signed into law. Accordingly, the Company’s 2017 financial statements reflected provisional amounts for those impacts for which the accounting under ASC 740 was incomplete, but a reasonable estimate could be determined. As of December 31, 2018, the Company's accounting for the initial impacts of the TCJA was complete under SAB 118.

For the year ended December 31, 2018 the Company increased its estimate of the one-time transition tax by $194 million to $869 million. The estimated tax expense recognized for the year ended December 31, 2017 relating to the remeasurement of deferred tax assets and liabilities from an income tax rate of 35% to 21%, decreased $77 million, resulting in a total remeasurement benefit of $38 million.

In 2019, the U.S. Treasury issued final regulations related to the one-time transition tax which further amended the guidance of previously proposed regulations. As a result, $17 million of tax benefit was recorded in 2019, decreasing the total one-time transition tax to $852 million. This impact was partially offset by $7 million of deferred tax remeasurement expense, decreasing the total remeasurement benefit to $31 million.

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. In December 2019, the Argentine government delayed certain impacts of the 2017 reform. The corporate income tax rate for 2020 and 2021 will remain at 30%, reducing to 25% only from 2022. The impact of remeasuring deferred taxes for this latest change to enacted income tax rates was recognized as income tax expense of $4 million in the fourth quarter of 2019.



December 31,		2019			2018		2017
Federal:	Current	$	(7	)	$	7	$	—
	Deferred	(4		)	186		545
State:	Current	(1		)	2		—
	Deferred	—			5		1
Foreign:	Current	368			378		335
	Deferred	(4		)	130		109
Total		$	352		$	708	$	990

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,	2019		2018		2017
Statutory Federal tax rate	21	%	21	%	35	%
State taxes, net of Federal tax benefit	6	%	2	%	(7	)%
Taxes on foreign earnings	12	%	9	%	—	%
Valuation allowance	(2	)%	(2	)%	10	%
Change in tax law	(1	)%	6	%	90	%
Other—net	(1	)%	(1	)%	—	%
Effective tax rate	35	%	35	%	128	%

For 2019, the 12% taxes on foreign earnings item includes $19 million of tax benefit associated with the Company's equity investment in Guacolda. Included in the 2019 change in tax law amount of (1)% are the downward adjustments to the U.S. one-time transition tax expense and deferred tax remeasurement benefit resulting from the issuance of the final regulations in 2019, offset by the impact of deferred tax remeasurement expense related to the December 2019 Argentina tax law change.

For 2018, the 6% change in tax law item relates primarily to changes in estimate under SAB 118 of the impacts of adoption of the TCJA. The Company recognized tax expense of $194 million related to revised estimates of the one-time transition tax in accordance with proposed regulations issued by the U.S. Treasury in 2018. The adjustment was due in large part to the approach the proposed regulations adopted to determine the fair value of our interests in publicly traded subsidiaries. The Company also recognized tax benefit of $77 million related to revised estimates of deferred tax remeasurement. Included in the 9% taxes on foreign earnings item is $124 million of U.S. GILTI tax expense related to foreign subsidiaries, including the sale of our interest in Masinloc.

For 2017, the 90% change in tax law item relates primarily to the impact of U.S. and Argentine tax reform. 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 Argentine tax reform representing 3%.

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,	2019		2018
Income taxes receivable—current	$	131	$	163
Income taxes receivable—noncurrent	10		8
Total income taxes receivable	$	141	$	171
Income taxes payable—current	$	172	$	210
Income taxes payable—noncurrent	—		7
Total income taxes payable	$	172	$	217

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, 2019, the Company had federal net operating loss carryforwards for tax return purposes of approximately $0.8 billion expiring in years 2033 to 2036. The Company also had federal general business tax credit carryforwards of approximately $23 million expiring primarily from 2021 to 2039, and federal alternative minimum tax credits of approximately $8 million that may be fully recovered by 2021 under the TCJA. Additionally, the Company had state net operating loss carryforwards as of December 31, 2019 of approximately $6.9 billion expiring primarily in years 2020 to 2039. As of December 31, 2019, the Company had foreign net operating loss carryforwards of approximately $2.7 billion that expire at various times beginning in 2020 and some of which carry forward without expiration, and tax credits available in foreign jurisdictions of approximately $14 million, $12 million of which expire in 2021.

Valuation allowances decreased $120 million during 2018 to $868 million at December 31, 2018. This net decrease was primarily the result of valuation allowance activity at certain of our Brazil subsidiaries and U.S. states.

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.



December 31,	2019			2018
Differences between book and tax basis of property	$	(1,426	)	$	(1,418	)
Other taxable temporary differences	(287		)	(243		)
Total deferred tax liability	(1,713		)	(1,661		)
Operating loss carryforwards	1,060			1,066
Capital loss carryforwards	57			52
Bad debt and other book provisions	74			62
Tax credit carryforwards	33			55
Other deductible temporary differences	256			111
Total gross deferred tax asset	1,480			1,346
Less: valuation allowance	(824		)	(868		)
Total net deferred tax asset	656			478
Net deferred tax liability	$	(1,057	)	$	(1,183	)

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 TCJA, future distributions from foreign subsidiaries will generally be subject to a federal dividends received deduction in the U.S. As of December 31, 2019, 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, $35 million and $26 million for the years ended December 31, 2019, 2018 and 2017, respectively. The per share effect of these benefits after noncontrolling interests was $0.02, $0.04 and $0.03 for the years ended December 31, 2019, 2018 and 2017, 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, $19 million and $13 million for the years ended December 31, 2019, 2018 and 2017, 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, 2019, 2018 and 2017, 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):

Uncertain Tax Positions — Uncertain tax positions have been classified as noncurrent income tax liabilities unless they are expected to be paid within 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,	2019			2018			2017
Total expense (benefit) for interest related to unrecognized tax benefits	$	(2	)	$	(3	)	$	1
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		2014-2019
Brazil		2014-2019
Chile		2016-2019
Colombia		2016-2019
Dominican Republic		2015-2019
El Salvador		2017-2019
Netherlands		2013-2019
Panama		2016-2019
United Kingdom		2016-2019
United States (Federal)		2016-2019

As of December 31, 2019, 2018 and 2017, the total amount of unrecognized tax benefits was $465 million, $463 million and $348 million, respectively. The total amount of unrecognized tax benefits that would benefit the effective tax rate as of December 31, 2019, 2018 and 2017 is $448 million, $446 million and $332 million, respectively, of which $33 million, $33 million and $29 million, respectively, would be in the form of tax attributes that would warrant a full valuation allowance. Further, the total amount of unrecognized tax benefit that would benefit the effective tax rate as of 2019 would be reduced by approximately $161 million of tax expense related to remeasurement from 35% to 21%.

The total amount of unrecognized tax benefits anticipated to result in a net decrease to unrecognized tax benefits within 12 months of December 31, 2019 is estimated to be between $0 million and $10 million, primarily relating to statute of limitation lapses and tax exam settlements.



	2019			2018			2017
Balance at January 1	$	463		$	348		$	352
Additions for current year tax positions	6			2			—
Additions for tax positions of prior years	4			146			2
Reductions for tax positions of prior years	(5		)	(26		)	(5		)
Lapse of statute of limitations	(3		)	(7		)	(1		)
Balance at December 31	$	465		$	463		$	348

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, 2019. Our effective tax rate and net income in any given future period could therefore be materially impacted.