
December 31,		2020		2019		2018
Federal:	Current	$	(8)	$	(7)	$	7
	Deferred	(17)		(4)		186
State:	Current	—		(1)		2
	Deferred	2		—		5
Foreign:	Current	458		368		378
	Deferred	(219)		(4)		130
Total		$	216	$	352	$	708

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,	2020		2019		2018
Statutory Federal tax rate	21	%	21	%	21	%
State taxes, net of Federal tax benefit	(6)	%	6	%	2	%
Taxes on foreign earnings	15	%	12	%	9	%
Valuation allowance	16	%	(2)	%	(2)	%

Change in tax law	3	%	(1)	%	6	%
US Investment Tax Credit	(8)	%	—	%	—	%
Other—net	3	%	(1)	%	(1)	%
Effective tax rate	44	%	35	%	35	%

For 2020, the 15% taxes on foreign earnings item includes $20 million of tax benefit associated with the Company's equity investment in Guacolda. Included in the 2020 (8)% U.S. investment tax credit is $35 million of benefit associated with the Na Pua Makani wind facility. Not included in the 2020 effective tax rate is $75 million of income tax expense recorded to additional paid-in-capital related to the Company's sale of 35% of its ownership interest in the Southland Energy assets. See Note 17—Equity for details of the sale.

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.

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,	2020		2019
Income taxes receivable—current	$	138	$	131
Income taxes receivable—noncurrent	9		10
Total income taxes receivable	$	147	$	141
Income taxes payable—current	$	284	$	172
Income taxes payable—noncurrent	—		—
Total income taxes payable	$	284	$	172

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, 2020, the Company had federal net operating loss carryforwards for tax return purposes of approximately $2.1 billion, of which approximately $950 million expire in years 2033 to 2036 and $1.2 billion carry forward indefinitely. The Company also had federal general business tax credit carryforwards of approximately $66 million, of which $16 million expire in years 2021 to 2031 and $50 million expire in years 2032 to 2040. Additionally, the Company had state net operating loss carryforwards as of December 31, 2020 of approximately $7.3 billion expiring primarily in years 2021 to 2040. As of December 31, 2020, the Company had foreign net operating loss carryforwards of approximately $2.0 billion that expire at various times beginning in 2021 and some of which carry forward without expiration, and tax credits available in foreign jurisdictions of approximately $14 million, $13 million of which expire in 2021.

Valuation allowances decreased $190 million during 2020 to $634 million at December 31, 2020. This net decrease was primarily the result of valuation allowance activity due to the liquidation of certain holding companies with net operating losses with full valuation allowances.

Valuation allowances decreased $44 million during 2019 to $824 million at December 31, 2019. 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,	2020		2019
Differences between book and tax basis of property	$	(1,308)	$	(1,426)
Investment in U.S. tax partnerships	(332)		(44)
Other taxable temporary differences	(403)		(287)
Total deferred tax liability	(2,043)		(1,757)
Operating loss carryforwards	1,156		1,060
Capital loss carryforwards	73		57
Bad debt and other book provisions	87		74
Tax credit carryforwards	78		33
Other deductible temporary differences	471		300
Total gross deferred tax asset	1,865		1,524
Less: Valuation allowance	(634)		(824)
Total net deferred tax asset	1,231		700
Net deferred tax liability	$	(812)	$	(1,057)

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, 2020, 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 $33 million, $26 million and $35 million for the years ended December 31, 2020, 2019 and 2018, respectively. The per share effect of these benefits after noncontrolling interests was $0.03, $0.02 and $0.04 for the years ended December 31, 2020, 2019 and 2018, respectively. Included in the Company's income tax benefits is the benefit related to our operations in Vietnam, which is estimated to be $16 million, $13 million and $19 million for the years ended December 31, 2020, 2019 and 2018, 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, 2020, 2019 and 2018, 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):

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						2014-2020
Brazil						2015-2020
Chile						2017-2020
Colombia						2016-2020
Dominican Republic						2015-2020
El Salvador						2017-2020
Netherlands						2014-2020
Panama						2017-2020
United Kingdom						2017-2020
United States (Federal)						2017-2020

As of December 31, 2020, 2019 and 2018, the total amount of unrecognized tax benefits was $458 million, $465 million and $463 million, respectively. The total amount of unrecognized tax benefits that would benefit the effective tax rate as of December 31, 2020, 2019 and 2018 is $439 million, $448 million and $446 million, respectively, of which $33 million for each year 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 2020 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, 2020 is estimated to be between $0 million and $10 million, primarily relating to statute of limitation lapses and tax exam settlements.


	2020		2019		2018
Balance at January 1	$	465	$	463	$	348
Additions for current year tax positions	—		6		2
Additions for tax positions of prior years	3		4		146
Reductions for tax positions of prior years	(6)		(5)		(26)


Lapse of statute of limitations	(4)		(3)		(7)
Balance at December 31	$	458	$	465	$	463