Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.22.4
INCOME TAXES
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
 
The provision from income taxes consisted of the following:
  
  Twelve Months Ended December 31,
  2022 2021 2020
  (In millions)
Current:      
Federal $ 73.4  $ 108.1  $ 34.8 
State 27.7  39.3  24.0 
Foreign 40.3  44.0  33.7 
  141.4  191.4  92.5 
Deferred:      
Federal 68.6  43.3  40.6 
State 19.0  4.7  (0.1)
Foreign 0.5  (38.7) 26.0 
  88.1  9.3  66.5 
Provision from income taxes $ 229.5  $ 200.7  $ 159.0 
 
Domestic and foreign income before income taxes was as follows:
  Twelve Months Ended December 31,
  2022 2021 2020
  (In millions)
U.S. $ 794.7  $ 885.6  $ 470.3 
Foreign 135.0  63.6  214.9 
  $ 929.7  $ 949.2  $ 685.2 
 
The provision from income taxes reconciles with the U.S. federal statutory rate, as follows:
  Twelve Months Ended December 31,
  2022 2021 2020
  (In millions)
Federal statutory rate 21.0  % 21.0  % 21.0  %
Provision computed at federal statutory rate $ 195.2  $ 199.3  $ 143.9 
State and local taxes, net of federal tax benefit 34.7  34.9  17.8 
Foreign differential 14.8  (10.4) 5.5 
Federal research & development credit (28.5) (16.6) (15.9)
Equity compensation (6.8) (14.0) (6.0)
Tax reserves 4.9  (0.8) 1.4 
Legal settlement —  —  0.1 
Excess officer’s compensation 6.1  5.8  5.8 
Valuation allowance 3.8  0.5  7.8 
Other 5.3  2.0  (1.4)
Provision from income taxes $ 229.5  $ 200.7  $ 159.0 
Effective income tax rate 24.7  % 21.2  % 23.2  %

We record deferred income taxes using enacted tax laws and rates for the years in which the taxes are expected to be paid. Deferred income tax assets and liabilities are recorded based on the differences between the financial reporting and income tax bases of assets and liabilities. For additional information about our income tax policy see Note 1 of the Notes to Consolidated Financial Statements.
Components of the deferred income tax assets and liabilities at December 31, 2022 and 2021, were as follows:
  December 31,
  2022 2021
  (In millions)
Deferred income tax assets:  
Net operating and capital loss carryforwards $ 110.2  $ 124.9 
Goodwill and intangible assets 114.6  123.4 
Employee compensation programs 45.3  61.0 
Foreign tax credits 17.2  17.2 
Employee pension benefits 26.7  34.7 
Reserves and accrued expenses 10.1  19.6 
Accrued legal expense 7.1  94.9 
Research and development costs 32.6  34.1 
Operating lease asset 19.3  26.0 
Other 18.3  14.8 
Gross deferred income tax assets 401.4  550.6 
Valuation allowance (185.1) (192.0)
Total deferred income tax assets, net 216.3  358.6 
Deferred income tax liabilities:  
Goodwill and intangible assets (582.6) (620.6)
Undistributed earnings of foreign subsidiaries (6.0) (5.7)
Depreciation (26.6) (23.4)
Operating lease liability (19.3) (26.0)
Prepaid expenses (11.3) (10.7)
Investment basis difference (23.4) (17.4)
Other (0.8) (4.0)
Total deferred income tax liability (670.0) (707.8)
Net deferred income tax liability $ (453.7) $ (349.2)

Our deferred income tax assets and deferred income tax liabilities at December 31, 2022 and 2021, are included in the accompanying Consolidated Balance Sheets as follows:
  December 31,
  2022 2021
  (In millions)
Long-term deferred income tax assets, included in other assets $ 6.6  $ 9.0 
Long-term deferred income tax liabilities (460.3) (358.2)
Net deferred income tax liability $ (453.7) $ (349.2)

We record deferred income taxes on the temporary differences of our foreign subsidiaries, except for the temporary differences related to undistributed earnings of subsidiaries which we consider indefinitely invested. As of December 31, 2022, we have indefinitely invested $289.9 million attributable to undistributed earnings of our Canadian and Chilean subsidiaries. If these earnings were not considered indefinitely invested, we estimate that $20.6 million of deferred withholding tax liability would have been provided. Further, we are permanently invested with respect to the original investment in foreign subsidiaries. Therefore, we have not provided the deferred tax assets on the outside basis of these subsidiaries as we have no intent to sell or divest of these subsidiaries. However, the Company has provided for local country withholding taxes related to these earnings.

At December 31, 2022, we had U.S. federal and state net operating loss carryforwards of $34.8 million and $501.6 million, respectively, which will expire at various times between 2023 and 2041. We also had foreign net operating loss carryforwards totaling $260.6 million of which $15.7 million will expire between 2023 and 2041 and the remaining $244.9
million will carryforward indefinitely. Foreign capital loss carryforwards of $16.3 million may be carried forward indefinitely. We had foreign tax credit carryforwards of $17.2 million which will expire in the years 2025 through 2028. Additionally, we had state and foreign research and development credit carryforwards of $32.6 million. The state credits expire between 2029 through 2032 and the foreign credits have an indefinite expiration period. We have state §163(j) interest limitation carryovers of $630.4 million which have an indefinite expiration period. The tax effected amount of the state §163(j) interest limitation carryovers is $5.1 million. The deferred tax asset related to the net operating loss, capital loss carryforwards, foreign tax credit carryforwards, §163(j) carryforwards and research and development credit is $165.1 million of which $65.3 million has been fully reserved in the deferred tax valuation allowance.
 
Cash paid for income taxes, net of amounts refunded, was $152.4 million, $192.3 million and $75.6 million during the twelve months ended December 31, 2022, 2021 and 2020, respectively.
 
We recognize interest and penalties accrued related to unrecognized tax benefits in the provision for income taxes on our Consolidated Statements of Income.
 
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
  2022 2021
  (In millions)
Beginning balance (January 1) $ 48.5  $ 41.5 
Increases related to prior year tax positions 7.7  8.7 
Decreases related to prior year tax positions (1.0) (0.1)
Increases related to current year tax positions 12.2  8.7 
Decreases related to settlements (1.0) (0.5)
Expiration of the statute of limitations for the assessment of taxes (9.9) (9.6)
Currency translation adjustment (0.3) (0.2)
Ending balance (December 31) $ 56.2  $ 48.5 
 
We recorded liabilities of $42.7 million and $34.5 million for unrecognized tax benefits as of December 31, 2022 and 2021, respectively, which included interest and penalties of $6.5 million and $5.2 million, respectively. As of December 31, 2022 and 2021, the total amount of unrecognized benefits that, if recognized, would have affected the effective tax rate was $41.1 million and $33.0 million, respectively, which included interest and penalties of $5.9 million and $4.7 million, respectively. During 2022 and 2021, gross interest and penalties of $2.2 million and $1.0 million, respectively, were accrued.

As of December 31, 2022 and 2021, the gross amount of unrecognized tax benefits was $56.2 million and $48.5 million, respectively. Of the total, $19.9 million in 2022 and $19.2 million in 2021 relate to unrecognized tax benefits for which no liability has been recorded associated with the carryforward of certain state attributes. If we were to prevail on all uncertain tax positions, the net effect would be a benefit of $36.3 million and $29.3 million in 2022 and 2021, respectively, exclusive of any benefits related to interest and penalties.
 
Equifax and its subsidiaries are subject to U.S. federal, state and international income taxes. We are generally no longer subject to federal, state or international income tax examinations by tax authorities for years before 2018. Due to the potential for resolution of state and foreign examinations, and the expiration of various statutes of limitations, it is reasonably possible that Equifax’s gross unrecognized tax benefit balance may change within the next twelve months by a range of zero to $3.9 million.

Inflation Reduction Act

On August 16, 2022, President Biden signed the Inflation Reduction Act into law, which included enactment of a 15% corporate minimum tax effective in 2023. We currently do not expect the corporate minimum tax to have a material impact on our financial results.