Annual report pursuant to Section 13 and 15(d)

Income Taxes (Tables)

v3.6.0.2
Income Taxes (Tables)
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Schedule of Components of Income Tax Benefit (Provision)
Income tax benefit (provision) included in our reported net loss consisted of the following (in thousands): 
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
Current:
 
 
 
 
 
 
Federal
 
$

 
$

 
$

State
 

 

 

Foreign
 
(54
)
 
(1,970
)
 
(4,143
)
Total current
 
(54
)
 
(1,970
)
 
(4,143
)
 
 
 
 
 
 
 
Deferred:
 
 
 
 
 
 
Federal
 

 

 

State
 

 

 

Foreign
 
(1,854
)
 
2,066

 

Total deferred
 
(1,854
)
 
2,066

 

Total income tax benefit (provision)
 
$
(1,908
)
 
$
96

 
$
(4,143
)
Schedule of Effective Income Tax Rate Reconciliation
The reconciliation of the federal statutory income tax rate to our effective income tax rate is as follows: 
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
U.S. federal statutory tax rate
 
35.0
 %
 
35.0
 %
 
35.0
 %
Non-controlling interest
 
(2.1
)%
 
(2.3
)%
 
(4.8
)%
State tax rate
 
1.8
 %
 
1.9
 %
 
4.3
 %
Uncertain tax position
 
 %
 
 %
 
(12.5
)%
Net impact of non-U.S. taxes
 
(1.2
)%
 
(1.3
)%
 
(2.0
)%
Valuation allowance
 
(27.5
)%
 
(30.1
)%
 
(19.8
)%
Nondeductible interest expense
 
(6.6
)%
 
(2.6
)%
 
 %
Other
 
0.3
 %
 
(0.5
)%
 
(0.6
)%
Effective tax rate as reported
 
(0.3
)%
 
0.1
 %
 
(0.4
)%
Schedule of Deferred Tax Assets and Liabilities
Significant components of our deferred tax assets and liabilities at December 31, 2016 and 2015 are as follows (in thousands): 
 
 
December 31,
 
 
2016
 
2015
Deferred tax assets
 
 
 
 
Net operating loss carryforwards and credits
 
 
 
 
Federal and foreign
 
$
1,060,026

 
$
862,218

State
 
183,153

 
166,321

Book deferred gain
 
77,182

 
77,182

Share-based compensation expense
 
52,727

 
71,693

Property, plant and equipment
 

 
12,957

Derivative instruments
 
46,754

 
54,052

Long-term debt
 
17,676

 
8,725

Other
 
13,511

 
5,641

Less: valuation allowance
 
(1,251,959
)
 
(1,070,309
)
Total deferred tax assets
 
199,070

 
188,480

 
 
 
 
 
Deferred tax liabilities
 
 

 
 

Investment in limited partnership
 
(76,265
)
 
(57,466
)
Convertible debt
 
(118,341
)
 
(128,948
)
Property, plant and equipment
 
(4,464
)
 

Total deferred tax liabilities
 
(199,070
)
 
(186,414
)
 
 
 
 
 
Net deferred tax assets
 
$

 
$
2,066

Summary of Income Tax Contingencies
Changes in the balance of unrecognized tax benefits are as follows (in thousands): 
 
Year Ended December 31,
 
2016
 
2015
Balance at beginning of the year
$
103,640

 
$
104,491

Additions based on tax positions related to current year

 

Additions for tax positions of prior years

 

Reductions for tax positions of prior years
(728
)
 
(851
)
Settlements

 

Balance at end of the year
$
102,912

 
$
103,640