Income taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income taxes
15. Income taxes

Prior to the Spin-off, certain of our operations in the U.S. were included in Archrock’s consolidated federal and state tax returns, and therefore our current and deferred tax provision for applicable periods was computed on a separate return basis. Subsequent to the Spin-off, we file our own consolidated federal and state tax returns in the U.S.

The components of income (loss) before income taxes were as follows (in thousands): 
 
Years Ended December 31,
 
2016
 
2015
 
2014
United States
$
(129,864
)
 
$
(7,702
)
 
$
84,161

Foreign
60,258

 
19,122

 
42,990

Income (loss) before income taxes
$
(69,606
)
 
$
11,420

 
$
127,151



The provision for income taxes consisted of the following (in thousands):
 
Years Ended December 31,
 
2016
 
2015
 
2014
Current tax provision (benefit):
 
 
 
 
 
U.S. federal
$
(131
)
 
$
383

 
$
6,105

State
(792
)
 
1,201

 
2,136

Foreign
54,076

 
63,692

 
56,029

Total current
53,153

 
65,276

 
64,270

Deferred tax provision (benefit):
 
 
 
 
 
U.S. federal
62,672

 
(29,962
)
 
12,434

State
2,306

 
(484
)
 
(753
)
Foreign
6,629

 
4,716

 
3,091

Total deferred
71,607

 
(25,730
)
 
14,772

Provision for income taxes
$
124,760

 
$
39,546

 
$
79,042



The provision for income taxes for 2016, 2015 and 2014 resulted in effective tax rates on continuing operations of (179.2)%, 346.3% and 62.2%, respectively. The reasons for the differences between these effective tax rates and the U.S. statutory rate of 35% are as follows (in thousands):
 
Years Ended December 31,
 
2016
 
2015
 
2014
Income taxes at U.S. federal statutory rate of 35%
$
(24,362
)
 
$
3,998

 
$
44,503

Net state income taxes
(1,841
)
 
466

 
976

Foreign taxes
38,211

 
38,052

 
32,991

Foreign tax credits
(9,492
)
 
(17,398
)
 
(10,942
)
Research and development credits
(1,024
)
 
(24,938
)
 

Unrecognized tax benefits
4,051

 
6,187

 
403

Valuation allowances
123,892

 
38,284

 
17,846

Proceeds from sale of joint venture assets
(3,641
)
 
(5,315
)
 
(5,162
)
Capital contributions or distributions related to Spin-off
(2,887
)
 
(77
)
 

Other
1,853

 
287

 
(1,573
)
Provision for income taxes
$
124,760

 
$
39,546

 
$
79,042

 

Deferred income tax balances are the direct effect of temporary differences between the financial statement carrying amounts and the tax basis of assets and liabilities using enacted tax rates in effect for the year in which the differences are expected to reverse. The tax effects of temporary differences that give rise to deferred tax assets and deferred tax liabilities are as follows (in thousands):
 
December 31,
 
2016
 
2015
Deferred tax assets:
 
 
 
Net operating loss carryforwards
$
172,851

 
$
134,448

Foreign tax credit carryforwards
81,510

 
72,019

Research and development credit carryforwards
31,251

 
31,251

Alternative minimum tax credit carryforwards
5,055

 
5,145

Deferred revenue
52,229

 
44,821

Other
50,797

 
46,045

Subtotal
393,693

 
333,729

Valuation allowances
(318,887
)
 
(186,993
)
Total deferred tax assets
74,806

 
146,736

Deferred tax liabilities:
 
 
 
Property, plant and equipment
(64,876
)
 
(73,491
)
Other
(15,615
)
 
(9,654
)
Total deferred tax liabilities
(80,491
)
 
(83,145
)
Net deferred tax assets (liabilities)
$
(5,685
)
 
$
63,591


At December 31, 2016, we had U.S. federal net operating loss carryforwards of approximately $159.1 million that are available to offset future taxable income. If not used, the carryforwards begin to expire in 2024. We also had approximately $394.6 million of net operating loss carryforwards in certain foreign jurisdictions (excluding discontinued operations), approximately $256.4 million of which has no expiration date, $67.8 million of which is subject to expiration from 2017 to 2021, and the remainder of which expires in future years through 2036. Foreign tax credit carryforwards of $81.5 million, research and development credits carryforwards of $31.3 million and alternative minimum tax credit carryforwards of $5.1 million are available to offset future payments of U.S. federal income tax. The foreign tax credits will expire in varying amounts beginning in 2020 and research and development credits will expire in varying amounts beginning in 2028, whereas the alternative minimum tax credits may be carried forward indefinitely under current U.S. tax law.

We record valuation allowances when it is more-likely-than-not that some portion or all of our deferred tax assets will not be realized. The ultimate realization of the deferred tax assets depends on the ability to generate sufficient taxable income of the appropriate character and in the appropriate taxing jurisdictions in the future. If we do not meet our expectations with respect to taxable income, we may not realize the full benefit from our deferred tax assets which would require us to record a valuation allowance in our tax provision in future years. Management assesses all available positive and negative evidence to estimate our ability to generate sufficient future taxable income of the appropriate character, and in the appropriate taxing jurisdictions, to permit use of our existing deferred tax assets. A significant piece of objective negative evidence is a cumulative loss incurred over a three-year period in a taxing jurisdiction. Prevailing accounting practice is that such objective evidence would limit the ability to consider other subjective evidence, such as our projections for future growth.

We incurred a three-year cumulative loss in the U.S. during 2016. Due to this significant negative evidence of cumulative losses, which outweighs the positive evidence of firm sales backlog and projected future taxable income, we are no longer able to support that it is more-likely-than-not that we will have sufficient taxable income of the appropriate character in the future that will allow us to realize our U.S. deferred tax assets. During the year ended December 31, 2016, we recorded a full valuation allowance against our U.S. deferred tax assets resulting in an additional charge of $119.8 million, of which $65.5 million related to U.S. deferred tax assets that existed at December 31, 2015.

As of December 31, 2015, we had $72.0 million in foreign tax credit carryforward deferred tax assets primarily allocated to us from Archrock. Since we do not expect to generate sufficient taxable income and foreign source taxable income following the Spin-off, the foreign tax credit carryforwards will ultimately expire unused. Archrock recorded a valuation allowance to fully offset the foreign tax credit carryforward deferred tax assets they allocated to us.

Pursuant to Sections 382 and 383 of the Internal Revenue Code of 1986, as amended (the “Code”), utilization of loss carryforwards and credit carryforwards, such as foreign tax credits, will be subject to annual limitations due to the ownership changes of both Hanover Compressor Company (“Hanover”) and Universal Compression Holdings, Inc. (“Universal”). In general, an ownership change, as defined by Section 382 of the Code, results from transactions increasing the ownership of certain stockholders or public groups in the stock of a corporation by more than 50 percentage points over a three-year period. The merger of Hanover and Universal to form Archrock in August 2007 resulted in such an ownership change for both Hanover and Universal. Our ability to utilize loss carryforwards and credit carryforwards against future U.S. federal income tax may be limited. The limitations may cause us to pay U.S. federal income taxes earlier; however, we do not currently expect that any loss carryforwards or credit carryforwards will expire as a result of these limitations.

We have not provided U.S. federal income taxes on indefinitely (or permanently) reinvested cumulative earnings of approximately $545.5 million generated by our non-U.S. subsidiaries as of December 31, 2016. Such earnings are from ongoing operations which will be used to fund international growth. We have not recorded a deferred tax liability related to these unremitted foreign earnings as it is not practicable to estimate the amount of unrecognized deferred tax liabilities. In the event of a distribution of those earnings to the U.S. in the form of dividends, we may be subject to both foreign withholding taxes and U.S. federal income taxes net of allowable foreign tax credits.

A reconciliation of the beginning and ending amount of unrecognized tax benefits (including discontinued operations) is shown below (in thousands):
 
Years Ended December 31,
 
2016
 
2015
 
2014
Beginning balance
$
14,943

 
$
8,356

 
$
9,033

Additions based on tax positions related to prior years
3,140

 
6,448

 

Additions based on tax positions related to current year
256

 
261

 

Reductions based on lapse of statute of limitations
(102
)
 
(122
)
 
(215
)
Reductions based on tax positions related to prior years

 

 
(462
)
Ending balance
$
18,237

 
$
14,943

 
$
8,356



We had $18.2 million, $14.9 million and $8.4 million of unrecognized tax benefits at December 31, 2016, 2015 and 2014, respectively, which if recognized, would affect the effective tax rate (except for amounts that would be reflected in income (loss) from discontinued operations, net of tax). We also have recorded $3.0 million, $3.0 million and $3.2 million of potential interest expense and penalties related to unrecognized tax benefits associated with uncertain tax positions (including discontinued operations) as of December 31, 2016, 2015 and 2014, respectively. To the extent interest and penalties are not assessed with respect to unrecognized tax benefits, amounts accrued will be reduced and reflected as reductions in income tax expense.

We and our subsidiaries file consolidated and separate income tax returns in the U.S. federal jurisdiction and in numerous state and foreign jurisdictions. Certain of our operations were historically included in Archrock’s consolidated income tax returns in the U.S. federal and state jurisdictions. In addition, certain of Archrock’s operations were historically included in our separate income tax returns in state jurisdictions. Under the Code and the related rules and regulations, each corporation that was a member of the Archrock consolidated U.S. federal income tax reporting group during any taxable period or portion of any taxable period ending on or before the effective time of the Spin-off is jointly and severally liable for the U.S. federal income tax liability of the entire Archrock consolidated tax reporting group for that taxable period. In connection with the Spin-off, we entered into a tax matters agreement with Archrock that allocates the responsibility for prior period taxes of the Archrock consolidated tax reporting group between us and Archrock.

State income tax returns are generally subject to examination for a period of three to five years after filing the returns. However, the state impact of any U.S. federal audit adjustments and amendments remains subject to examination by various states for up to one year after formal notification to the states. As of December 31, 2016, we did not have any state audits underway that would have a material impact on our financial position or results of operations.

We are subject to examination by taxing authorities throughout the world, including major foreign jurisdictions such as Argentina, Brazil and Mexico. With few exceptions, we and our subsidiaries are no longer subject to foreign income tax examinations for tax years before 2006. Several foreign audits are currently in progress and we do not expect any tax adjustments that would have a material impact on our financial position or results of operations.

We believe it is reasonably possible that a decrease of up to approximately $8 million in unrecognized tax benefits may be necessary on or before December 31, 2017 due to the settlement of audits and the expiration of statutes of limitations. However, due to the uncertain and complex application of tax regulations, it is possible that the ultimate resolution of these matters may result in liabilities which could materially differ from these estimates.