Income Taxes | 15. Income Taxes On December 22, 2017, the President of the United States signed into law the Tax Cuts and Jobs Act, commonly referred to as the Tax Reform Act. The Tax Reform Act amended the Internal Revenue Code in several areas that had a direct and immediate effect on our results of operations and statement of financial position as of and for the year ended December 31, 2017, including, among other items, a one-time one-time non-US Also on December 22, 2017, the Securities and Exchange Commission issued Staff Accounting Bulletin No. 118, which allows companies to report the income tax effects of the Tax Reform Act as a provisional amount based on a reasonable estimate, which would be subject to adjustment during a reasonable measurement period, not to exceed twelve months, until the accounting and analysis under ASC 740 is complete. Due to the timing of the enactment of the Tax Reform Act, there continues to be a significant amount of uncertainty as to the appropriate application of a number of the underlying provisions, pending further guidance and clarification from the relevant authorities. We will continue to monitor developments in this area and adjust our estimates throughout the year in 2018, as and if necessary, as additional guidance and clarification becomes available. Our provisional estimate of the tax effect of the Tax Reform Act is a net charge of $1.1 million as discussed above. We are still in the process of evaluating our estimate as it relates to the tax effect of (i) the mandatory, deemed repatriation aspect of the Tax Reform Act, (ii) the amount of deferred tax assets and liabilities subject to the income tax rate change from 35% to 21%, and (iii) the ability to more likely than not realize the benefit of deferred tax assets, including net operating losses and foreign tax credits. Any adjustments to these provisional amounts will be reported as a component of “Tax expense (benefit)” in the reporting period in which such adjustments are determined, which will be no later than the fourth quarter of 2018. Our income tax expense is a function of the mix between our domestic and international pre-tax The components of income tax expense (benefit) are as follows: Year Ended December 31, 2017 2016 2015 (In thousands) Federal — current $ 6,994 $ 230 $ 63,223 State — current 95 (60 ) 93 Foreign — current 25,252 10,297 71,655 Total current 32,341 10,467 134,971 Federal — deferred (85,066 ) (108,274 ) (245,045 ) Foreign — deferred 12,939 2,011 3,011 Total deferred (72,127 ) (106,263 ) (242,034 ) Total $ (39,786 ) $ (95,796 ) $ (107,063 ) The difference between actual income tax expense and the tax provision computed by applying the statutory federal income tax rate to income before taxes is attributable to the following: Year Ended December 31, 2017 2016 2015 (In thousands) Income before income tax expense: U.S. $ (241,178 ) $ (146,037 ) $ (11,158 ) Foreign 219,738 (322,262 ) (370,190 ) $ (21,440 ) $ (468,299 ) $ (381,348 ) Expected income tax benefit at federal statutory rate $ (7,504 ) $ (163,905 ) $ (133,472 ) Effect of tax rate changes (74,294 ) — — Mandatory repatriation of earnings pursuant to Tax Reform and Jobs Act 94,194 — — Effect of foreign operations (42,102 ) 48,573 (4,906 ) Amortization of deferred charges associated with intercompany rig sales to other tax jurisdictions — — 38,466 Valuation allowance (41,492 ) 62,400 — Uncertain tax positions, settlements and adjustments relating to prior years 31,726 (34,666 ) (1,114 ) Other (314 ) (8,198 ) (6,037 ) Income tax benefit $ (39,786 ) $ (95,796 ) $ (107,063 ) Deferred Income Taxes. December 31, 2017 2016 (In thousands) Deferred tax assets: Net operating loss carryforwards, or NOLs $ 133,298 $ 159,653 Foreign tax credits 27,623 95,145 Worker’s compensation and other current accruals 10,330 14,824 Bareboat charter deductions — 23,353 UK depreciation deduction 52,800 21,222 Anticipatory deductions and credits 13,111 — Deferred compensation 3,711 4,689 Foreign contribution taxes 3,806 3,857 Stock compensation awards 6,872 11,679 Deferred deductions 94 8,185 Other 3,748 2,526 Total deferred tax assets 255,393 345,133 Valuation allowance (169,224 ) (210,716 ) Net deferred tax assets 86,169 134,417 Deferred tax liabilities: Property, plant and equipment (236,038 ) (284,480 ) Mobilization (17,192 ) (46,274 ) Other (238 ) (674 ) Total deferred tax liabilities (253,468 ) (331,428 ) Net deferred tax liability $ (167,299 ) $ (197,011 ) We record a valuation allowance to derecognize a portion of our deferred tax assets, which we do not expect to be ultimately realized. A summary of changes in the valuation allowance is as follows: For the Year Ended December 31, 2017 2016 2015 (In thousands) Valuation allowance as of January 1 $ 210,716 $ 146,647 $ 48,036 Establishment of valuation allowances: Net operating losses 20,805 10,318 82,155 Foreign tax credits 2,877 62,400 — Other deferred tax assets 14,213 4,823 27,928 Releases of valuation allowances in various jurisdictions (79,387 ) (13,472 ) (11,472 ) Valuation allowance as of December 31 $ 169,224 $ 210,716 $ 146,647 Net Operating Loss Carryforwards Year Expiring Tax Benefit of Carryforwards (In millions) 2021 $ 5.1 2022 0.2 2023 0.1 2025 28.7 2027 7.6 2036 17.9 2037 0.2 Total $ 59.8 As of December 31, 2017, a valuation allowance for $110.9 million has been recorded for our NOLs for which the deferred tax assets are not likely to be realized. Foreign Tax Credits. Year Expiring Foreign Tax (In millions) 2019 $ 0.8 2024 3.1 2025 3.5 2026 20.0 2027 0.2 Total $ 27.6 As of December 31, 2017, a valuation allowance of $26.7 million has been recorded for our foreign tax credits for which the deferred tax assets are not likely to be realized. Valuation Allowances — Other Deferred Tax Assets. Unrecognized Tax Benefits. For the Year Ended December 31, 2017 2016 2015 (In thousands) Balance, beginning of period $ (34,970 ) $ (53,952 ) $ (57,116 ) Additions for current year tax positions (51,260 ) (4,233 ) (7,013 ) Additions for prior year tax positions (2,938 ) (1,020 ) (82 ) Reductions for prior year tax positions 623 19,661 2,673 Reductions related to statute of limitation expirations 6,681 4,574 7,586 Balance, end of period $ (81,864 ) $ (34,970 ) $ (53,952 ) The $51.3 million addition to current year tax positions for 2017 is primarily attributable to a provisional liability associated with the use of tax attributes in conjunction with the deemed, mandatory repatriation provision of the Tax Reform Act. The $19.7 million reduction for prior year tax positions in 2016 resulted primarily from the devaluation of the Egyptian Pound. At December 31, 2017, $2.3 million, $51.3 million and $52.9 million of the net liability for uncertain tax positions were reflected in “Other assets,” “Deferred tax liability” and “Other liabilities,” respectively. At December 31, 2016, $2.1 million, $3.1 million and $35.0 million of the net liability for uncertain tax positions were reflected in “Other assets,” “Deferred tax liability” and “Other liabilities,” respectively. Of the net unrecognized tax benefits at December 31, 2017, 2016 and 2015, all $101.9 million, $36.0 million and $49.4 million, respectively, would affect the effective tax rates if recognized. At December 31, 2017, the amount of accrued interest and penalties related to uncertain tax positions were $3.1 million and $15.1 million, respectively. At December 31, 2016, the amount of accrued interest and penalties related to uncertain tax positions were $2.7 million and $16.8 million, respectively. We record interest related to accrued uncertain tax positions in interest expense and recognize penalties associated with uncertain tax positions in tax expense. Interest expense (benefit) recognized during the three years ended December 31, 2017 related to uncertain tax positions was $0.5 million, $(0.1) million and $(4.8) million, respectively. Penalties recognized during the three years ended December 31, 2017 related to uncertain tax positions were $(1.7) million, $(23.2) million and $2.3 million, respectively. In several of the international locations in which we operate, certain of our wholly-owned subsidiaries enter into agreements with other of our wholly-owned subsidiaries to provide specialized services and equipment in support of our foreign operations. We apply a transfer pricing methodology to determine the amount to be charged for providing the services and equipment. In most cases, there are alternative transfer pricing methodologies that could be applied to these transactions and, if applied, could result in different chargeable amounts. Taxing authorities in the various foreign locations in which we operate could apply one of the alternative transfer pricing methodologies which could result in an increase to our income tax liabilities with respect to tax returns that remain subject to examination. We expect the statute of limitations for the 2012 tax year to expire in 2018 for one of our subsidiaries operating in Mexico. We anticipate that the related unrecognized tax benefit will decrease by $1.5 million at that time. Tax Returns and Examinations. |