
(Millions of Dollars)	2020		2019
Deferred tax liabilities:
Depreciation	$	148.9	$	144.9
Intangible assets	741.4		737.1
Liability on undistributed foreign earnings	29.7		159.3
Lease right-of-use asset	126.5		129.7
Other	128.3		89.5
Total deferred tax liabilities	$	1,174.8	$	1,260.5
Deferred tax assets:
Employee benefit plans	$	244.2	$	235.4
Basis differences in liabilities	89.7		82.0
Operating loss, capital loss and tax credit carryforwards	808.7		1,100.3
Lease liability	129.6		129.6
Intangible assets	301.3		5.3
Capitalized research and development costs	52.6		—
Other	217.4		149.2
Total deferred tax assets	$	1,843.5	$	1,701.8
Net Deferred Tax Asset before Valuation Allowance	$	668.7	$	441.3
Valuation Allowance	$	(1,058.9)	$	(1,065.0)
Net Deferred Tax Liability after Valuation Allowance	$	(390.2)	$	(623.7)

The increase in intangible deferred tax assets relates to the intra-entity asset transfer of certain intangible assets between two of the Company's foreign subsidiaries. The recognized deferred tax benefit represents the difference between the basis of the intellectual property for financial statement purposes and the basis of the intellectual property for tax purposes.

A valuation allowance is recorded on certain deferred tax assets if it has been determined it is more likely than not that all or a portion of these assets will not be realized. The Company recorded a valuation allowance of $1,058.9 million and $1,065.0 million on deferred tax assets existing as of January 2, 2021 and December 28, 2019, respectively. The valuation allowance in 2020 is primarily attributable to foreign and state net operating loss carryforwards, intangible assets, and foreign capital loss carryforwards. The valuation allowance in 2019 was primarily attributable to foreign and state net operating loss carryforwards and foreign capital loss carryforwards.

Beginning in 2022, the Tax Cuts and Jobs Act ("Act") eliminates the option to deduct research and development expenditures and requires taxpayers to amortize domestic expenditures over five years and foreign expenditures over fifteen years. While it is possible that Congress may modify or repeal this provision before it becomes effective, the Company has no assurance that these provisions will be modified or repealed. Therefore, based on current assumptions, this would decrease the Company's cash from operations beginning in 2022 and continue over the five year amortization period.

As of January 2, 2021, the Company has approximately $5.3 billion of unremitted foreign earnings and profits. Of the total amount, the Company has provided for deferred taxes of $29.7 million on approximately $2.2 billion, which is not indefinitely reinvested primarily due to the changes brought about by the Act. The Company otherwise continues to consider the remaining undistributed earnings of its foreign subsidiaries to be permanently reinvested based on its current plans for use outside of the U.S. and accordingly no taxes have been provided on such earnings. The cash that the Company’s non-U.S. subsidiaries hold for indefinite reinvestment is generally used to finance foreign operations and investments, including acquisitions. The income taxes applicable to such earnings are not readily determinable or practicable to calculate.

Net operating loss carryforwards of $3.2 billion as of January 2, 2021 are available to reduce future tax obligations of certain U.S. and foreign companies. The net operating loss carryforwards have various expiration dates beginning in 2021 with certain jurisdictions having indefinite carryforward periods. The foreign capital loss carryforwards of $38.8 million as of January 2, 2021 have indefinite carryforward periods.


(Millions of Dollars)	2020		2019		2018
United States	$	181.2	$	214.5	$	444.1
Foreign	1,085.8		915.5		578.0
Earnings before income taxes and equity interest	$	1,267.0	$	1,130.0	$	1,022.1


(Millions of Dollars)	2020		2019		2018
Current:
Federal	$	62.7	$	(23.7)	$	25.4
Foreign	199.8		195.9		175.0
State	20.6		6.5		24.8
Total current	$	283.1	$	178.7	$	225.2
Deferred:
Federal	$	(29.4)	$	5.7	$	29.7
Foreign	(208.8)		(32.9)		132.7
State	(3.5)		9.3		28.7
Total deferred	(241.7)		(17.9)		191.1
Income taxes	$	41.4	$	160.8	$	416.3

Net income taxes paid during 2020, 2019 and 2018 were $206.9 million, $250.1 million and $339.4 million, respectively. The 2020, 2019 and 2018 amounts include refunds of $90.2 million, $72.5 million and $43.7 million, respectively, primarily related to prior year overpayments and settlement of tax audits.


(Millions of Dollars)	2020		2019		2018
Tax at statutory rate	$	266.1	$	237.3	$	214.6
State income taxes, net of federal benefits	13.0		22.1		24.7
Foreign tax rate differential	(41.9)		(53.3)		(33.2)
Uncertain tax benefits	20.3		(53.1)		4.5
Change in valuation allowance	(26.8)		10.5		5.1
Change in deferred tax liabilities on undistributed foreign earnings	(118.8)		—		—
Stock-based compensation	(9.8)		(24.1)		(4.1)
U.S. Federal tax reform	—		—		199.6
Capital loss	(40.4)		—		—
U.S. federal tax on foreign earnings	(17.7)		4.1		2.7
Intra-entity asset transfer of intellectual property	(27.7)		—		—
Other	25.1		17.3		2.4
Income taxes	$	41.4	$	160.8	$	416.3

The Company conducts business globally and, as a result, files income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. In the normal course, the Company is subject to examinations by taxing authorities throughout the world. The Internal Revenue Service is currently examining the Company's consolidated U.S. income tax returns for the 2015 and 2016 tax years. With few exceptions, as of January 2, 2021, the Company is no longer subject to U.S. federal, state, local, or foreign examinations by tax authorities for years before 2012.

The Company’s liabilities for unrecognized tax benefits relate to U.S. and various foreign jurisdictions. The following table summarizes the activity related to the unrecognized tax benefits:


(Millions of Dollars)	2020		2019		2018
Balance at beginning of year	$	406.3	$	406.3	$	387.8
Additions based on tax positions related to current year	29.1		48.6		28.3
Additions based on tax positions related to prior years	35.8		78.5		103.0
Reductions based on tax positions related to prior years	(19.3)		(91.1)		(91.5)
Settlements	(0.5)		(0.3)		(2.5)
Statute of limitations expirations	(7.9)		(35.7)		(18.8)
Balance at end of year	$	443.5	$	406.3	$	406.3

The gross unrecognized tax benefits at January 2, 2021 and December 28, 2019 include $433.3 million and $398.2 million, respectively, of tax benefits that, if recognized, would impact the effective tax rate. The liability for potential penalties and interest related to unrecognized tax benefits increased by $2.3 million in 2020 and decreased by $4.3 million in 2019 and $15.8 million in 2018. The liability for potential penalties and interest totaled $50.1 million as of January 2, 2021, $47.8 million as of December 28, 2019, and $52.1 million as of December 29, 2018. The Company classifies all tax-related interest and penalties as income tax expense.

The Company considers many factors when evaluating and estimating its tax positions and the impact on income tax expense, which may require periodic adjustments, and which may not accurately anticipate actual outcomes. It is reasonably possible that the amount of the unrecognized benefit with respect to certain of the Company's unrecognized tax positions will significantly increase or decrease within the next twelve months. However, based on the uncertainties associated with finalizing audits with the relevant tax authorities including formal legal proceedings, it is not possible to reasonably estimate the impact of any such change.