Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income taxes

Note 13 - Income taxes:

 The provision for income taxes and the difference between such provision for income taxes, the amount that would be expected using the U.S. federal statutory income tax rate of 35% and the comprehensive provision for income taxes are presented below.

 

Years ended December 31,

 

 

2013

 

 

2014

 

 

2015

 

 

(In millions)

 

Expected tax expense (benefit), at U.S. federal statutory

   income tax rate of 35%

$

(33.8

)

 

$

12.1

 

 

$

(18.0

)

Rate differences on equity in earnings (losses) of Kronos

 

(7.4

)

 

 

(7.4

)

 

 

(7.4

)

Adjustment to the reserve for uncertain tax positions, net

 

-

 

 

 

-

 

 

 

(3.0

)

U.S. state income taxes and other, net

 

(.7

)

 

 

.3

 

 

 

(.2

)

 

 

 

 

 

 

 

 

 

 

 

 

Income tax expense (benefit)

$

(41.9

)

 

$

5.0

 

 

$

(28.6

)

 

 

 

 

 

 

 

 

 

 

 

 

Components of income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

Currently payable (receivable):

$

-

 

 

$

.8

 

 

$

.1

 

Deferred income taxes (benefit)

 

(41.9

)

 

 

4.2

 

 

 

(28.7

)

 

 

 

 

 

 

 

 

 

 

 

 

Income tax expense (benefit)

$

(41.9

)

 

$

5.0

 

 

$

(28.6

)

 

 

 

 

 

 

 

 

 

 

 

 

Comprehensive provision for income taxes (benefit) allocable to:

 

 

 

 

 

 

 

 

 

 

 

Income (loss) from continuing operations

$

(41.9

)

 

$

5.0

 

 

$

(28.6

)

Other comprehensive income (loss):

 

 

 

 

 

 

 

 

 

 

 

Marketable securities

 

26.2

 

 

 

(57.6

)

 

 

(25.3

)

Currency translation

 

.7

 

 

 

(11.0

)

 

 

(9.8

)

Interest rate swap

 

-

 

 

 

-

 

 

 

(.2

)

Pension plans

 

5.3

 

 

 

(10.0

)

 

 

1.4

 

OPEB plans

 

.2

 

 

 

(.5

)

 

 

(.2

)

 

 

 

 

 

 

 

 

 

 

 

 

Total

$

(9.5

)

 

$

(74.1

)

 

$

(62.7

)

 

 

The components of the net deferred tax liability at December 31, 2014 and 2015 are summarized in the following table.  

 

Years ended December 31,

 

 

2014

 

 

2015

 

 

Assets

 

 

Liabilities

 

 

Assets

 

 

Liabilities

 

 

(In millions)

 

Tax effect of temporary differences related to:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inventories

$

.8

 

 

$

-

 

 

$

.5

 

 

$

-

 

Marketable securities

 

-

 

 

 

(31.9

)

 

 

-

 

 

 

(6.4

)

Property and equipment

 

-

 

 

 

(4.6

)

 

 

-

 

 

 

(4.5

)

Accrued OPEB costs

 

1.4

 

 

 

-

 

 

 

1.1

 

 

 

-

 

Accrued pension costs

 

4.4

 

 

 

-

 

 

 

4.6

 

 

 

-

 

Accrued employee benefits

 

1.9

 

 

 

-

 

 

 

2.0

 

 

 

-

 

Accrued environmental liabilities

 

38.8

 

 

 

-

 

 

 

39.9

 

 

 

-

 

Goodwill

 

-

 

 

 

(2.6

)

 

 

-

 

 

 

(2.6

)

Other accrued liabilities

  and deductible differences

 

.8

 

 

 

-

 

 

 

.4

 

 

 

-

 

Other taxable differences

 

-

 

 

 

(4.2

)

 

 

-

 

 

 

(4.3

)

Investment in Kronos Worldwide, Inc.

 

-

 

 

 

(90.1

)

 

 

-

 

 

 

(56.2

)

Tax loss and tax credit carryforwards

 

2.2

 

 

 

-

 

 

 

.5

 

 

 

-

 

Adjusted gross deferred tax assets (liabilities)

 

50.3

 

 

 

(133.4

)

 

 

49.0

 

 

 

(74.0

)

Netting of items by tax jurisdiction

 

(50.3

)

 

 

50.3

 

 

 

(49.0

)

 

 

49.0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net noncurrent deferred tax asset (liability)

$

-

 

 

$

(83.1

)

 

$

-

 

 

$

(25.0

)

In accordance with GAAP, we recognize deferred income taxes on our undistributed equity in earnings (losses) of Kronos.  Because we and Kronos are part of the same U.S. federal income tax group, any dividends we receive from Kronos are nontaxable to us.  Accordingly, we do not recognize and we are not required to pay income taxes on dividends from Kronos.  We received aggregate dividends from Kronos of $21.1 million in each of 2013, 2014 and 2015.  See Note 6.  The amounts shown in the above table of our income tax rate reconciliation for rate differences on equity in earnings (losses) of Kronos represents the benefit associated with such non-taxability of the dividends we receive from Kronos, as it relates to the amount of deferred income taxes we recognize on our undistributed equity in earnings (losses) of Kronos.

Kronos has substantial net operating losses in Germany and Belgium, the benefit of which Kronos had previously recognized under the more-likely-than-not recognition criteria.  In the second quarter of 2015, Kronos determined that such losses did not meet the more-likely-than-not recognition criteria, and as a result Kronos recognized a non-cash deferred income tax expense of $150.3 million in the second quarter of 2015 as a valuation allowance against Kronos’ net deferred income tax assets in such jurisdictions.  Kronos recognized an additional $8.7 million non-cash deferred income tax asset valuation allowance during the second half of 2015 due to losses recognized by its German and Belgian operations during such period.  The rate difference related to our equity in losses of Kronos in 2015 includes our equity in such non-cash deferred income tax expenses recognized by Kronos.

Tax authorities are examining certain of our U.S. and non-U.S. tax returns, including those of Kronos and tax authorities have or may propose tax deficiencies, including penalties and interest.  We cannot guarantee that these tax matters will be resolved in our favor due to the inherent uncertainties involved in settlement initiatives and court and tax proceedings.  We believe that we have adequate accruals for additional taxes and related interest expense which could ultimately result from tax examinations.  We believe the ultimate disposition of tax examinations should not have a material adverse effect on our consolidated financial position, results of operations or liquidity.  

In 2011 and 2012, Kronos received notices of re-assessment from the Canadian federal and provincial tax authorities related to the years 2002 through 2004.  Kronos objected to the re-assessments and believed the position was without merit. In the second quarter of 2014, the Appeals Division of the Canadian Revenue Authority ruled in Kronos’ favor and reversed in their entirety such notices of reassessment.  As a result, Kronos recognized a non-cash income tax benefit of $3.0 million related to the release of a portion of its reserve for uncertain tax positions in the second quarter of 2014 related to the completion of this Canadian income tax audit.  Also during the second quarter of 2014, Kronos recognized a non-cash income tax benefit of $3.1 million related to the release of a portion of its reserve for uncertain tax positions in conjunction with the completion of an audit of its U.S. income tax return for 2009.

The following table shows the changes in the amount of our uncertain tax positions (exclusive of the effect of interest and penalties) during 2013, 2014 and 2015:

 

 

December 31,

 

 

2013

 

 

2014

 

 

2015

 

 

(In millions)

 

Unrecognized liabilities:

 

 

 

 

 

 

 

 

 

 

 

Balance at the beginning of the period

$

16.8

 

 

$

16.8

 

 

$

16.8

 

Lapse of applicable statute of limitations

 

-

 

 

 

-

 

 

 

(4.6

)

 

 

 

 

 

 

 

 

 

 

 

 

Balance at the end of the period

$

16.8

 

 

$

16.8

 

 

$

12.2

 

In the first quarter of 2015, we recognized a non-cash income tax benefit of $3.0 million related to the release of a portion of our reserve for uncertain tax positions due to the expiration of the applicable statute of limitations. We currently estimate that our unrecognized tax benefits will not change materially during the next twelve months.  If our uncertain tax positions were recognized, a benefit of $15.2 million would affect our effective income tax rate in each of 2013 and 2014, and a benefit of $12.2 million would affect our rate in 2015.  We accrue interest and penalties on our uncertain tax positions as a component of our provision for income taxes.  The amount of interest and penalties we accrued during 2013, 2014 and 2015 was not material.  

We file income tax returns in various U.S. federal, state and local jurisdictions.  Our U.S. income tax returns prior to 2012 are generally considered closed to examination by applicable tax authorities.