
	Year Ended December 31,
	2020		2019		2018
			(reclassified)(1)		(reclassified)(1)
U.S. federal statutory income tax rate	(21.0)	%	21.0	%	21.0	%
State income taxes, net of federal benefit	16.6	%	6.7	%	0.1	%
Domestic taxes on foreign earnings	155.4	%	21.9	%	0.5	%
Effect of foreign taxes	(40.7)	%	(47.6)	%	(8.4)	%
Acquisition-related	(16.7)	%	12.2	%	2.1	%
Research credit	(43.0)	%	(4.2)	%	(2.6)	%
Valuation allowance	(42.0)	%	1.1	%	(5.2)	%

Goodwill impairment charges	3.7	%	—	%	—	%
Compensation-related	(7.7)	%	(0.3)	%	(1.0)	%
Non-deductible expenses	64.4	%	3.6	%	0.8	%
Uncertain tax positions	(96.8)	%	1.4	%	(22.0)	%
TCJA net impact	—	%	—	%	(4.7)	%
Intra-entity asset transfers	10.2	%	(597.0)	%	—	%

Return to provision	(37.3)	%	(0.2)	%	(0.2)	%
Change in tax rates	51.8	%	(0.2)	%	0.5	%
Other, net	6.0	%	(2.4)	%	1.6	%
	2.9	%	(584.0)	%	(17.5)	%


	As of December 31,
(in millions)	2020		2019

Deferred Tax Assets:
Inventory costs and related reserves	$	10	$	—
Tax benefit of net operating loss and credits	557		545
Reserves and accruals	308		258
Restructuring-related charges	23		20
Litigation and product liability reserves	82		168
Investment write-down	—		42
Compensation related	134		121
Federal benefit of uncertain tax positions	9		10
Intangible assets	3,551		3,447
Other	(6)		—
	4,668		4,611
Less: valuation allowance	(887)		(915)
	3,781		3,696
Deferred Tax Liabilities:
Property, plant and equipment	1		16
Unrealized gains and losses on derivative financial instruments	12		52
Investment write-up	34		—
Inventory costs and related reserves	—		2
Other	—		25
	47		95

Net Deferred Tax Assets	3,734		3,601
Prepaid on intercompany profit	194		195
Net Deferred Tax Assets and Prepaid on Intercompany Profit	$	3,928	$	3,796


	Location on Consolidated Balance Sheets	As of December 31,
Component		2020		2019
Prepaid on intercompany profit	Prepaid income taxes	$	194	$	195
Non-current deferred tax asset	Assets held for sale	2		—
Non-current deferred tax asset	Deferred tax assets	4,210		4,196
Deferred Tax Assets and Prepaid on Intercompany Profit		4,406		4,391

Non-current deferred tax liability	Deferred tax liabilities	330		595

Non-current deferred tax liability	Liabilities held for sale in Other current liabilities	148		—
Deferred Tax Liabilities		478		595

Net Deferred Tax Assets and Prepaid on Intercompany Profit		$	3,928	$	3,796

As of December 31, 2020, we had U.S. federal and state tax net operating loss carryforwards and tax credits, the tax effect of which was $474 million. As of December 31, 2019, we had U.S. federal and state tax net operating loss carryforwards and tax credits, the tax effect of which was $449 million. In addition, we had foreign tax net operating loss carryforwards and tax credits, the tax effect of which was $83 million as of December 31, 2020, as compared to $105 million as of December 31, 2019. These tax attributes expire periodically beginning in 2021.

During the fourth quarter of 2019, we completed intra-entity asset transfers of certain intellectual property rights among various wholly owned subsidiaries. These transactions occurred to more closely align the global economic ownership of our intellectual property rights with our current and future business operations. These transactions did not result in a taxable gain in any jurisdiction, however, some of the transactions did create a step-up in the tax-deductible basis in the transferred intellectual property rights in certain jurisdictions. As a result, we recorded deferred tax assets in the amount of $4.102 billion, which represents the book and tax basis differences measured at applicable statutory tax rates, net of a valuation allowance of $542 million.

After consideration of all positive and negative evidence, we believe that it is more likely than not that a portion of our deferred tax assets will not be realized. As a result, we established a valuation allowance of $887 million as of December 31, 2020 and $915 million as of December 31, 2019, representing a decrease of $28 million. The decrease in the valuation allowance as of December 31, 2020, as compared to December 31, 2019, is primarily due to current year utilization of loss carryforwards and the concurrent release of the related valuation allowance. The income tax impact of the unrealized gain or loss component of other comprehensive income and stockholders' equity was a benefit of $78 million in 2020, a charge of $13 million in 2019 and a charge of $37 million in 2018.

We obtain tax incentives through Free Trade Zone Regime offered in Costa Rica which allows 100.0 percent exemption from income tax in the first eight years of operations and 50.0 percent exemption in the following four years. This tax incentive resulted in income tax savings of $64 million for 2020, $173 million for 2019 and $146 million for 2018. The tax incentive for 100.0 percent exemption from income tax was renewed during 2019 and is expected to expire in 2027. The impact on Net income (loss) per common share - assuming dilution was $0.04 for 2020, $0.12 for 2019 and $0.10 for 2018. Additionally, we benefit from tax incentives in Puerto Rico resulting in income tax savings of $30 million for 2020, and immaterial amounts for 2019 and 2018.

As of December 31, 2020, we had $261 million of gross unrecognized tax benefits, of which a net $183 million, if recognized, would affect our effective tax rate. As of December 31, 2019, we had $455 million of gross unrecognized tax benefits, of which a net $355 million, if recognized, would affect our effective tax rate. As of December 31, 2018, we had $427 million of gross unrecognized tax benefits, of which a net $332 million, if recognized, would affect our effective tax rate. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:


	Year Ended December 31,
(in millions)	2020		2019		2018
Beginning Balance	$	455	$	427	$	1,238
Additions based on positions related to the current year	28		30		79
Additions based on positions related to prior years	6		45		4
Reductions for tax positions of prior years	(186)		(34)		(433)
Settlements with taxing authorities	(27)		(4)		(459)
Statute of limitation expirations	(15)		(9)		(3)
Ending Balance	$	261	$	455	$	427

We are subject to U.S. Federal income tax as well as income tax of multiple state and foreign jurisdictions. We have concluded all U.S. federal income tax matters through 2016 and substantially all material state and local income tax matters through 2010. We have concluded all foreign income tax matters through 2013, with the exception of issues for Italy, which have concluded through 2002.

In the second quarter of 2018, a decision was entered by the U.S. Tax Court resolving all disputes for Guidant Corporation for its 2001 through 2006 tax years and our 2006 and 2007 tax years as well as the tax issues related to our 2006 transaction with Abbott Laboratories. Additionally, we resolved all issues with the IRS Office of Appeals for our 2008 through 2010 tax years. The final settlement calculation resulted in a final net tax payment of $303 million plus $307 million of estimated interest, which was remitted in the second quarter of 2018. Due to the final settlement of these disputes, we recorded a net tax benefit of $250 million in 2018 to remove a reserve related to these years.

In the fourth quarter of 2018, we received a Revenue Agent Report (RAR) from the IRS for our 2011 through 2013 tax years. We remitted $93 million to the IRS in the fourth quarter of 2018 reflecting the net balance of tax and interest due for these years after consideration of amounts owed to us by the IRS. Due to the resolution of these tax years, we recorded a net tax benefit of $90 million in 2018 to remove a reserve related to these years.

In the third quarter of 2020, we received notification from the IRS regarding the examination of our 2014 through 2016 tax years stating that the Joint Committee on Taxation completed its review on July 21, 2020, and the IRS examination was resolved. Due to the resolution of these tax years, we recorded a net tax benefit of $91 million in the third quarter of 2020 to release the reserves related to these years. We received a refund of $62 million from the IRS in the fourth quarter of 2020 reflecting the net balance of amounts owed to us by the IRS after consideration of tax and interest due for these years.

We recognize interest and penalties related to income taxes as a component of income tax expense. We had $41 million accrued for gross interest and penalties as of December 31, 2020 and $19 million as of December 31, 2019. We recognized net tax expense related to interest and penalties of $7 million in 2020, as compared to a net tax benefit of $1 million in 2019 and a net tax benefit of $498 million in 2018. The increase in our net tax expense related to interest and penalties as of December 31, 2020, as compared to December 31, 2019, is related to reaching favorable settlements with the taxing authorities during 2019.

For the year ended December 31, 2017, we were required under the TCJA to calculate a one-time transition tax based on our total post-1986 foreign subsidiaries' earnings and profits (E&P) that we previously deferred from U.S. income taxes. As a result of various audit activities, the revised amount of transition tax was approximately $939 million as of December 31, 2020 as compared to $856 million as of December 31, 2018. We anticipate offsetting this liability against existing tax attributes reducing the required payment to approximately $597 million, which will be remitted over an eight-year period. We have begun remitting the required installment payments, with a balance remaining of $477 million as of December 31, 2020. In addition, we have provided for U.S. state income taxes of $20 million on all U.S. dollar-denominated E&P accumulated through December 31, 2017, which constitutes the preponderance of our foreign subsidiaries' accumulated E&P through December 31, 2017. We intend to indefinitely reinvest the unremitted foreign earnings of all other subsidiaries as of December 31, 2017, as well as all subsequent earnings generated by all of our foreign subsidiaries. Determining the amount of unrecognized deferred tax liability related to any remaining undistributed foreign earnings and additional outside basis difference in these entities is not practicable.

We are subject to a territorial tax system under the TCJA, in which we are required to provide for tax on Global Intangible Low Taxed Income (GILTI) earned by certain foreign subsidiaries. We have established an accounting policy election to provide for the tax expense related to GILTI in the year the tax is incurred as a period expense.

Economic stimulus legislation has been enacted in many countries in response to the COVID-19 pandemic. In the U.S., the CARES Act was signed into law on March 27, 2020 and provided an estimated $2.2 trillion in COVID-19 pandemic related relief, and included tax relief and government loans, subsidies and other relief for entities in affected industries. While we have not applied for government loans, we have taken advantage of the benefits offered in multiple jurisdictions, including the U.S. provision allowing taxpayers to defer payment of the employer portion of certain payroll taxes through the end of 2020. This allowed us to preserve cash generated from operations to service our debt obligations and other near-term commitments.