Income Taxes | Income Taxes On December 22, 2017, the Tax Act was signed into law. The Tax Act reduced the corporate tax rate from 35% to 21%, included a one-time transition tax on unremitted foreign earnings and profits applicable for our fiscal year ended December 31, 2017 and limited tax deductions for periods beginning January 1, 2018. In 2017, we recognized a $41.6 million net benefit consisting of the one-time transition tax net of tax credits generated, remeasurement of deferred taxes, and the release of valuation allowance against U.S. deferred tax assets for the provisional estimate of the impact of the Tax Act. During the quarter ended December 31, 2018, we adjusted our provisional estimate of the impact of the Tax Act, primarily in connection with clarifications provided in proposed foreign tax credit regulations issued during 2018, resulting in an income tax expense in the quarter of $22.3 million . Our accounting for the impact of the Tax Act is now complete in accordance with SEC staff issued SAB No. 118. Geographic sources of income (loss) before taxes and equity in earnings of unconsolidated affiliate are as follows: For the Year Ended December 31, 2018 2017 2016 (In thousands) United States $ 5,535 $ 26,040 $ (10,880 ) Foreign 180,280 281,456 240,575 Income before taxes $ 185,815 $ 307,496 $ 229,695 The provision for income taxes includes current federal, state and foreign taxes payable and those deferred because of temporary differences between the financial statement and the tax bases of assets and liabilities. The components of the provision (benefit) for income taxes are as follows: For the Year Ended December 31, 2018 2017 2016 (In thousands) Current: Federal $ 22,003 $ — $ — State 39 11 22 Foreign 47,318 81,969 49,577 69,360 81,980 49,599 Deferred: Federal 5,468 (34,787 ) — State 2,993 (4,072 ) — Foreign (21,571 ) (3,330 ) 1,443 (13,110 ) (42,189 ) 1,443 Income tax expense $ 56,250 $ 39,791 $ 51,042 The reconciliation between the U.S. federal statutory income tax rate of 21% for 2018 and 35% for 2017 and 2016 and our income tax expense is as follows: For the Year Ended December 31, 2018 2017 2016 (In thousands) U.S. federal statutory income tax rate $ 39,021 $ 107,623 $ 80,393 State taxes, net of federal benefit 1,677 2,624 850 Foreign income taxed at different rates 6,741 (50,243 ) (19,279 ) Foreign exchange (loss) gain (3,797 ) 29,756 (1,127 ) Change in valuation allowance (12,662 ) (6,763 ) (7,903 ) Adjustments related to prior years 267 3,329 (2,648 ) U.S. tax reform (the Tax Act) 22,284 (41,554 ) — Income tax credits generated (18,106 ) (7,296 ) (40,301 ) Repatriation of foreign earnings and profits 387 719 25,604 Expiration of net operating losses and credits 19,462 166 15,092 Other 976 1,430 361 Income tax expense $ 56,250 $ 39,791 $ 51,042 The change in valuation allowance for 2018 , 2017 and 2016 , excluding the impact of the Tax Act, is primarily the result of changes in net operating loss and tax credit carryforwards for which no tax expense or benefit has been recognized. Prior to 2018, the benefit of foreign income taxed at different rates increased as foreign income before tax has increased. The decrease in the U.S. federal statutory income tax rate to 21% in 2018 has reduced the impact of foreign income taxed at different rates than the U.S. rate. The following is a summary of the components of our deferred tax assets and liabilities: December 31, 2018 2017 (In thousands) Deferred tax assets: Net operating loss carryforwards $ 13,207 $ 53,130 Income tax credits 107,532 23,998 Property, plant and equipment 38,050 35,479 Deferred interest expense 5,415 — Accrued liabilities 68,402 68,091 Receivable 31,729 32,719 Unrealized foreign exchange loss 1,410 1,924 Other 14,545 12,682 Total deferred tax assets 280,290 228,023 Valuation allowance (118,560 ) (83,251 ) Total deferred tax assets net of valuation allowance 161,730 144,772 Deferred tax liabilities: Property, plant and equipment 14,605 15,754 Deferred gain 11,651 939 Unrealized foreign exchange gain 1,695 8,383 Unbilled receivables 9,515 8,217 Other 5,805 4,566 Total deferred tax liabilities 43,271 37,859 Net deferred tax assets $ 118,459 $ 106,913 Recognized as: Other assets 118,697 111,353 Other non-current liabilities (238 ) (4,440 ) Total $ 118,459 $ 106,913 Valuation allowance against deferred tax assets consist of the following: December 31, 2018 2017 (In thousands) Valuation allowance: U.S. $ 77,580 $ 43,719 Foreign 40,980 39,532 Total valuation allowance $ 118,560 $ 83,251 The use of our federal net operating loss carryforward to offset the one-time transition tax required by the Tax Act resulted in a reduction in deferred tax assets for net operating loss carryforwards and created deferred tax assets for foreign income tax credit carryforwards. The increase in our valuation allowance includes the estimate of the portion of our foreign tax credit carryforwards generated in connection with the one-time transition tax included in the Tax Act projected to expire unused. As a result of certain capital investments, export commitments and employment levels, income from operations in Korea, Malaysia, the Philippines, Singapore and Taiwan was subject to reduced income tax rates and, in some cases, was exempt from income taxes. We recognized $1.9 million , $6.2 million and $5.6 million in tax benefits as a result of the tax holidays in 2018 , 2017 and 2016 , respectively. The benefit of the tax holidays on diluted earnings per share was approximately $0.01 , $0.03 and $0.02 for 2018 , 2017 and 2016 , respectively. Our net operating loss carryforwards (“NOLs”) are as follows: December 31, 2018 2017 Expiration (In thousands) U.S. Federal NOLs $ 25,272 $ 220,445 2021-2024 U.S. State NOLs 108,011 121,095 2019-2036 Foreign NOLs 10,686 2,967 2019-2028 We monitor on an ongoing basis our ability to utilize our deferred tax assets and whether there is a need for a related valuation allowance. In evaluating our ability to recover our deferred tax assets in the jurisdictions from which they arise, we consider all available positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax-planning strategies and results of recent operations. For most of our foreign net operating loss carryforwards, we consider it more likely than not that we will not have sufficient taxable income to allow us to realize these deferred tax assets. At December 31, 2017, a portion of our U.S. federal net operating loss carryforward was reserved with a valuation allowance due to an estimate of the net operating loss carryforward not expected to be realized. At December 31, 2018, a portion of our remaining U.S. federal net operating loss carryforward was reserved with a valuation allowance due to ownership change limitations from a prior year acquisition as well as certain state net operating loss carryforwards expected to expire unused. Our tax credit carryforwards are as follows: December 31, 2018 2017 Expiration (In thousands) U.S. Foreign Tax Credits $ 84,056 $ 12,637 2026-2027 U.S. Other Tax Credits 1,117 7,104 2026-2038 Foreign Tax Credits 22,359 4,257 2019-2028 At December 31, 2018 , a portion of our U.S. foreign tax credit carryforward was reserved with a valuation allowance for the amount expected to expire unused. As a result of the deemed repatriation provision of the Tax Act, U.S. income taxes have been provided on approximately $1.1 billion of the undistributed earnings of our foreign subsidiaries at December 31, 2017 . The income tax expense from the deemed repatriation was offset by net operating loss carryforwards and income tax credits resulting in a transition tax payable of $21.8 million . Under an election of the Tax Act, the remaining transition tax is payable over eight years beginning with tax year 2017, with 8% due in each of the first five years, 15% in year six, 20% in year seven, and 25% in year eight. We have not provided foreign withholding taxes or state income taxes on the undistributed earnings of our foreign subsidiaries, over which we have sufficient influence to control the distribution of such earnings and have determined that substantially all such earnings have been reinvested indefinitely. These earnings could become subject to foreign withholding tax if they are remitted as dividends. We estimate that repatriation of these foreign earnings would generate withholding taxes and state income taxes of approximately $91.8 million . We operate in and file income tax returns in various U.S. and foreign jurisdictions which are subject to examination by tax authorities. We have tax returns that are open to examination in various jurisdictions for tax years 2012-2018 . The open years contain matters that could be subject to differing interpretations of applicable tax laws and regulations related to the amount and/or timing of income, deductions and tax credits. There can be no assurance that the outcome of examinations will be favorable. Our unrecognized tax benefits are subject to change as examinations of specific tax years are completed in the respective jurisdictions. Current examinations include our 2012 and 2013 Philippine income tax returns, and 2014-2016 Singapore tax returns. A reconciliation of the beginning and ending gross amount of unrecognized tax benefits is as follows: For the Year Ended December 31, 2018 2017 2016 (In thousands) Balance at January 1 $ 27,211 $ 23,149 $ 23,332 Additions based on tax positions related to the current year 401 1,419 1,822 Additions for tax positions of prior years 636 2,661 689 Reductions for tax positions of prior years (2,958 ) (1 ) (2,589 ) Reductions from lapse of statutes of limitations (22 ) (17 ) (105 ) Balance at December 31 $ 25,268 $ 27,211 $ 23,149 The net decrease in our unrecognized tax benefits was $1.9 million from December 31, 2017 to December 31, 2018 . The decrease was primarily related to the closure of an audit. At December 31, 2018 , all of our gross unrecognized tax benefits would reduce our effective tax rate, if recognized. It is reasonably possible that unrecognized tax benefits related to entity classification and withholding taxes will decrease by up to $2.9 million due to the lapse of statutes of limitations in foreign jurisdictions. The liability related to our unrecognized tax benefits is $25.3 million as of December 31, 2018 and is reported as a component of other non-current liabilities. The unrecognized tax benefits presented in the table above also include positions that have reduced deferred tax assets. The balance of accrued and unpaid interest and penalties is $5.3 million as of December 31, 2018 and is included as a component of other non-current liabilities in connection with our unrecognized tax benefits. |