The Company recorded Income (loss) from discontinued operations and Gain (loss) on disposition of discontinued operations before income taxes of $(28.9) million, $(175.8) million, and $(136.3) million for the years ended December 31, 2020, 2019 and 2018, respectively.


	Year Ended December 31,
	2020		2019		2018
Current:
Federal	$	(27.1)	$	14.7	$	21.4
State	2.3		1.2		1.8
Foreign	21.3		38.1		31.2
Current income tax provision (benefit)	(3.5)		54.0		54.4
Deferred:
Federal	1.2		(14.9)		(14.4)
State	4.3		(3.3)		1.2
Foreign	—		2.0		4.2
Deferred income tax (benefit) provision	5.5		(16.2)		(9.0)
Provision for (benefit from) income taxes	$	2.0	$	37.8	$	45.4

The elimination of tax from intercompany transactions is included in current tax expense. The Company recorded Provision for (benefit from) income taxes of $(9.3) million, $(20.5) million and $(8.3) million from discontinued operations and on disposition of discontinued operations for the years ended December 31, 2020, 2019 and 2018, respectively.

In January 2018, the FASB released guidance on the accounting for tax on Global Intangible Low-taxed Income (“GILTI”). The guidance indicates that either accounting for deferred taxes related to GILTI or treating any taxes on GILTI as period costs are both acceptable accounting policy elections. Terex elected to treat taxes on GILTI inclusions as period costs.

Deferred tax assets and liabilities result from differences in the bases of assets and liabilities for tax and financial reporting purposes. The tax effects of the basis differences and loss carry forwards as of December 31, 2020 and 2019 for continuing operations are summarized below for major balance sheet captions (in millions):


	2020		2019
Property, plant and equipment	$	(18.1)	$	(14.5)
Intangibles	(6.1)		(4.7)


Inventories	6.1		6.4
Accrued warranties and product liability	12.5		9.8
Loss carry forwards	204.4		198.5
Retirement plans	14.0		13.3
Accrued compensation and benefits	16.8		22.0



Operating lease ROU asset	(26.1)		(30.9)
Operating lease liability	27.0		32.2
Other	18.5		9.2
Deferred tax assets valuation allowance	(112.1)		(107.0)
Net deferred tax assets (liabilities)	$	136.9	$	134.3

Deferred tax assets for continuing operations were $251.6 million ($0.1 million for discontinued operations) before valuation allowances of $112.1 million, partially offset by deferred tax liabilities for continuing operations of $2.6 million at December 31, 2020. Deferred tax assets for continuing operations were $243.6 million ($0.3 million for discontinued operations) before valuation allowances of $107.0 million, partially offset by deferred tax liabilities for continuing operations of $2.3 million at December 31, 2019. There were no deferred tax liabilities for discontinued operations at December 31, 2020 and 2019.

The Company evaluates the net realizable value of its deferred tax assets each reporting period. The Company must consider all objective evidence, both positive and negative, in evaluating the future realization of its deferred tax assets, including tax loss carry forwards. Historical information is supplemented by currently available information about future tax years. Realization of deferred tax assets requires sufficient taxable income of the appropriate character. To the extent estimates of future taxable income decrease or do not materialize, additional valuation allowances may be required. The Company records a valuation allowance for each deferred tax asset for which realization is not assessed as more likely than not. The valuation allowance for deferred tax assets as of December 31, 2020 and 2019 was $112.1 million and $107.0 million, respectively. The net change in the total valuation allowance for the years ended December 31, 2020 and 2019 was an increase of $5.1 million and a decrease of $7.3 million, respectively.

The Company’s Provision for (benefit from) income taxes is different from the amount that would be provided by applying the statutory federal income tax rate to the Company’s Income (loss) from continuing operations before income taxes. The reasons for the difference are summarized as follows (in millions):


	Year Ended December 31,
	2020		2019		2018
Tax at statutory federal income tax rate	$	2.3	$	51.9	$	60.3
State taxes	5.2		(1.7)		2.3
Change in valuation allowance	—		(4.9)		(13.9)
Foreign tax differential on income/losses of foreign subsidiaries	(13.0)		(14.5)		(18.0)
U.S. tax on multi-national operations	17.6		7.2		16.3
Change in foreign tax rates	0.7		3.7		0.7


U.S. tax legislation	(10.9)		—		5.5
Research and development	(1.2)		(2.0)		(0.5)
Provision to return adjustments	(1.7)		(2.4)		0.2
Compensation	3.1		1.1		0.2
Pension plan settlement	—		—		(7.1)
Other	(0.1)		(0.6)		(0.6)
Provision for (benefit from) income taxes	$	2.0	$	37.8	$	45.4

The Company does not provide for foreign income and withholding, U.S. Federal, or state income taxes or tax benefits on the financial reporting basis over the tax basis of its investments in foreign subsidiaries to the extent such amounts are indefinitely reinvested to support operations and continued growth plans outside the U.S. The Company reviews its plan to indefinitely reinvest on a quarterly basis. In making its decision to indefinitely reinvest, the Company evaluates its plans of reinvestment, its ability to control repatriation and to mobilize funds without triggering basis differences, and the profitability of U.S. operations and their cash requirements and the need, if any, to repatriate funds. If the assessment of the Company with respect to earnings of non-U.S. subsidiaries changes, deferred U.S. income taxes, foreign income taxes, and foreign withholding taxes may have to be accrued.

The Company considers foreign earnings that have been taxed in the U.S. or have qualified for the high-tax exception to taxation to not be indefinitely reinvested. The Company has recorded foreign, federal and state tax expense with respect to earnings which have been subject to federal income tax and which are no longer indefinitely reinvested. The Company plans to indefinitely reinvest all undistributed foreign earnings in excess of those previously taxed in the U.S. For the year ended December 31, 2020, the Company’s estimate of its remaining unremitted earnings of its foreign subsidiary ownership chains that have positive retained earnings and have not been subject to tax in the U.S. was approximately $81 million. At this time, determination of the unrecognized deferred tax liabilities for temporary differences related to the Company’s investment in non-U.S. subsidiaries is not practicable.

At December 31, 2020, the Company has various state net operating loss carry forwards available to reduce future state taxable income and income taxes, the majority of which will expire at various dates through 2040. The Company also has approximately $601 million of foreign loss carry forwards, consisting of $287 million in Germany, $183 million in Italy, $52 million in China, $31 million in Spain, and $48 million in other countries, which are available to offset future taxable income. The majority of these tax loss carry forwards are available without expiration. In addition, the gross amount of the Australian capital loss carryforward is $24 million, and it has an unlimited carryforward period.

The Company made total net income tax payments including discontinued operations of $26.3 million, $46.8 million and $52.7 million in 2020, 2019 and 2018, respectively. At December 31, 2020 and 2019, Other current assets included net income tax receivable amounts of $56.2 million and $24.3 million, respectively.

The Company and its subsidiaries conduct business globally and file income tax returns in U.S. federal, state and foreign jurisdictions, as required. From a tax perspective, major jurisdictions where the Company is often subject to examination by tax authorities include Germany, Italy, the United Kingdom, China, India and the U.S. Currently, various entities of the Company are under audit in Germany, Italy, India, the U.S. and elsewhere. With few exceptions, the statute of limitations for the Company and most of its subsidiaries has expired for tax years prior to 2011. The Company assesses uncertain tax positions for recognition, measurement and effective settlement. Where the Company has determined that its tax return filing position does not satisfy the more likely than not recognition threshold of ASC 740, “Income Taxes,” it has recorded no tax benefits. Where the Company has determined that its tax return filing positions are more likely than not to be sustained, the Company has measured and recorded the largest amount of tax benefit greater than 50% likely to be realized. The Company recognizes accrued interest and penalties, if any, related to income taxes as (Provision for) benefit from income taxes in its Consolidated Statement of Income (Loss).


Balance as of January 1, 2018	$	33.7
Additions for current year tax positions	—
Additions for prior year tax positions	6.1
Reductions for prior year tax positions	(14.8)
Reductions for current year tax positions	—
Reductions for expiration of statute of limitations	(0.8)
Settlements	(10.7)

Balance as of December 31, 2018	13.5
Additions for current year tax positions	—
Additions for prior year tax positions	2.0
Reductions for prior year tax positions	(0.4)
Reductions for current year tax positions	—
Reductions for expiration of statute of limitations	(0.8)
Settlements	—

Balance as of December 31, 2019	14.3
Additions for current year tax positions	—
Additions for prior year tax positions	9.2
Reductions for prior year tax positions	(3.7)
Reductions for current year tax positions	—
Reductions for expiration of statute of limitations	—
Settlements	(1.3)

Balance as of December 31, 2020	$	18.5

The Company evaluates each reporting period whether it is reasonably possible material changes to its uncertain tax position liability could occur in the next 12 months. Changes may occur as a result of uncertain tax positions being considered effectively settled, re-measured, paid, acquired or divested, as a result of a change in accounting rules, tax law or judicial decision, or due to expiration of the relevant statute of limitations. It is not possible to predict which uncertain tax positions, if any, may be challenged by tax authorities. Timing and impact of income tax audits and their resolution is uncertain. New facts, laws, pronouncements and judicial decisions can change assessments concerning technical merit and measurement. The amounts of or periods in which changes to reserves for uncertain tax positions will occur is difficult to predict. The Company believes it is reasonably possible the amount of unrecognized tax benefits disclosed as of December 31, 2020 may decrease approximately $4 million in the year ending December 31, 2021. Such possible decrease relates to anticipated tax audit settlements.

As of December 31, 2020 and 2019, the Company had $18.5 million and $14.3 million, respectively, of unrecognized tax benefits. Of the $18.5 million at December 31, 2020, $6.0 million, if recognized, would affect the effective tax rate. As of December 31, 2020 and 2019, the liability for potential interest and penalties was $1.4 million and $1.2 million, respectively. During the years ended December 31, 2020 and 2019, the Company recognized total tax expense of $0.2 million for interest and penalties.