Income Taxes
The components of income before income taxes are as follows:
| | | | | | | | | | | | | | | | | | | | |
| | Year Ended December 31, |
| | 2025 | | 2024 | | 2023 |
| Domestic | | $ | (1,455) | | | $ | 855 | | | $ | 923 | |
| Foreign | | (142) | | | 83 | | | (223) | |
| | $ | (1,597) | | | $ | 938 | | | $ | 700 | |
The Company's provision for (benefit from) income taxes consisted of the following:
| | | | | | | | | | | | | | | | | | | | |
| | Year Ended December 31, |
| | 2025 | | 2024 | | 2023 |
| Current | | | | | | |
| Federal | | $ | (16) | | | $ | 215 | | | $ | 229 | |
| State | | 3 | | | 24 | | | 26 | |
| Foreign | | 64 | | | 87 | | | 98 | |
Total current | | 51 | | | 326 | | | 353 | |
| Deferred | | | | | | |
| Federal | | (150) | | | (58) | | | (82) | |
| State | | (6) | | | 35 | | | (31) | |
| Foreign | | (21) | | | (12) | | | (62) | |
Total deferred | | (177) | | | (35) | | | (175) | |
| Total provision for (benefit from) income taxes | | $ | (126) | | | $ | 291 | | | $ | 178 | |
The Company adopted ASU 2023-09 in the 2025 annual period and applied this standard prospectively. The adoption of this ASU resulted in additional income tax disclosures. A reconciliation of taxes computed at the statutory rate to the Company's income tax expense (benefit) is as follows:
| | | | | | | | | | | | | | |
| | Year Ended December 31, 2025 |
| | Amount | | Percentage |
| U.S. federal statutory income tax rate | | $ | (335) | | | 21.0 | % |
| State and local income tax, net of federal income tax effect | | (2) | | | 0.1 | % |
| Foreign tax effects | | | | |
| Canada | | | | |
| Provincial taxes | | 23 | | | (1.4) | % |
| Other Canada | | (9) | | | 0.6 | % |
| Netherlands | | | | |
| | | | |
| Changes in valuation allowance | | 79 | | | (4.9) | % |
| Other Netherlands | | (15) | | | 0.9 | % |
| Other foreign jurisdictions | | (1) | | | 0.1 | % |
| Tax credits | | (14) | | | 0.9 | % |
| | | | |
| | | | |
| Nontaxable and nondeductible items | | | | |
| Goodwill impairment | | 151 | | | (9.5) | % |
| Other | | 1 | | | (0.1) | % |
| Worldwide changes in unrecognized tax benefits | | 1 | | | (0.1) | % |
| Other adjustments | | | | |
| Noncontrolling interest | | (6) | | | 0.4 | % |
| Other | | 1 | | | (0.1) | % |
| Effective Tax Rate | | $ | (126) | | | 7.9 | % |
In the 2025 annual period, state and local income taxes in Louisiana and Mississippi comprise the majority of the state and local income taxes, net of federal income tax effect category.
The comparative periods are presented based on the prior guidance. A reconciliation of taxes computed at the statutory rate to the Company's income tax expense is as follows:
| | | | | | | | | | | | | | |
| | Year Ended December 31, |
| | 2024 | | 2023 |
| Provision for federal income tax, at statutory rate | | $ | 197 | | | $ | 148 | |
| State income tax provision, net of federal income tax effect | | 6 | | | 7 | |
| Foreign income tax rate differential | | 7 | | | (15) | |
| | | | |
| | | | |
| Noncontrolling interests | | (9) | | | (7) | |
| | | | |
| Change in valuation allowance | | 62 | | | 76 | |
| | | | |
| U.S. federal research and development credits | | (16) | | | (54) | |
Uncertain Income Tax Positions | | 9 | | | 14 | |
Goodwill impairment | | — | | | 26 | |
Change in state apportionment and tax rates | | 45 | | | (6) | |
| Other, net | | (10) | | | (11) | |
| Total income tax expense | | $ | 291 | | | $ | 178 | |
The Company's income taxes paid is presented in accordance with ASU 2023-09 and the standard is applied prospectively. The income taxes paid, net of refunds received, is as follows:
| | | | | | | | |
| | Year Ended December 31, 2025 |
| US federal | | $ | 19 | |
| US state and local | | 8 | |
| Foreign | | |
| Canada | | 53 | |
Taiwan | | 6 | |
Korea | | 6 | |
| Other | | 12 | |
| | 77 | |
| Income Taxes Paid, net of Refunds Received | | $ | 104 | |
The tax effects of the principal temporary differences between financial reporting and income tax reporting at December 31 are as follows:
| | | | | | | | | | | | | | |
| | 2025 | | 2024 |
| Net operating loss carryforward | | $ | 524 | | | $ | 230 | |
| Credit carryforward | | 30 | | | 28 | |
| Operating lease liabilities | | 202 | | | 202 | |
| Accruals | | 106 | | | 110 | |
| Pension | | 20 | | | 42 | |
| | | | |
| Inventories | | 39 | | | 36 | |
| Research and experimental expenditures | | 112 | | | 154 | |
| Other | | 87 | | | 36 | |
| Deferred taxes assets—total | | 1,120 | | | 838 | |
| Property, plant and equipment | | (1,242) | | | (1,259) | |
| Intangibles | | (247) | | | (226) | |
| Operating lease right-of-use asset | | (195) | | | (191) | |
| Turnaround costs | | (52) | | | (53) | |
| Consolidated partnerships | | (165) | | | (202) | |
| Equity method investments | | (224) | | | (236) | |
| Other | | (33) | | | (29) | |
| Deferred tax liabilities—total | | (2,158) | | | (2,196) | |
| Valuation allowance | | (298) | | | (170) | |
| Total net deferred tax liabilities | | $ | (1,336) | | | $ | (1,528) | |
| | | | |
| Balance sheet classifications | | | | |
| | | | |
| Noncurrent deferred tax asset | | $ | 7 | | | $ | 25 | |
| Noncurrent deferred tax liability | | (1,343) | | | (1,553) | |
| Total net deferred tax liabilities | | $ | (1,336) | | | $ | (1,528) | |
At December 31, 2025, the Company had federal, foreign and state net operating loss carryforwards ("NOLs") of approximately $611, $1,228 and $1,683, respectively. The $611 of federal NOLs do not expire. Of the $1,228 of foreign NOLs, $1,186 do not expire and $42 expire in varying amounts between 2026 and 2030. Of the $1,683 of state NOLs, $970 do not expire and $713 expire in varying amounts between 2026 and 2045. The utilization of federal NOLs and certain foreign and state NOLs are subject to annual limitations. On December 31, 2025, the Company had various federal and state credit carryforwards of $2 and $28, respectively, of which $16 do not expire and $14 expire in varying amounts between 2026 and 2040. Management believes the Company will realize the benefit of a portion of the net operating loss and credit carryforwards before they expire, but to the extent that the full benefit may not be realized, a valuation allowance has been recorded. The valuation allowance increased by $128 primarily due to various states' net operating loss and credit carryforwards and net operating loss carryforwards generated from continuing operations of Westlake's base epoxy resin business in the Netherlands are not expected to be realized.
The following table summarizes the changes in the valuation allowance: | | | | | | | | | | | | | | | | | | | | |
| | Year Ended December 31 |
| | 2025 | | 2024 | | 2023 |
Valuation allowance, beginning of year | | $ | 170 | | | $ | 118 | | | $ | 47 | |
| | | | | | |
Additional allowances | | 128 | | | 55 | | | 94 | |
Reversals & other changes | | — | | | (3) | | | (23) | |
Valuation allowance, end of year | | $ | 298 | | | $ | 170 | | | $ | 118 | |
The following table presents a reconciliation of the beginning and ending amounts of gross unrecognized tax benefits:
| | | | | | | | | | | | | | | | | | | | |
| | Year Ended December 31 |
| | 2025 | | 2024 | | 2023 |
| Gross unrecognized tax benefits, beginning of year | | $ | 42 | | | $ | 35 | | | $ | 24 | |
| Additions for tax positions of current year | | 3 | | | 7 | | | 6 | |
| Additions for tax positions of prior years | | 1 | | | 1 | | | 15 | |
| | | | | | |
| Reductions for tax positions of prior years | | (1) | | | — | | | (10) | |
| | | | | | |
| Lapse of statute of limitations | | (3) | | | (1) | | | — | |
| | | | | | |
| Gross unrecognized tax benefits, end of year | | $ | 42 | | | $ | 42 | | | $ | 35 | |
The Company's total gross unrecognized tax benefits were $42, $42 and $35 as of December 31, 2025, 2024 and 2023, respectively. If recognized, the majority of the gross unrecognized tax benefit would favorably affect the effective tax rate.
The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense. Interest and penalties related to unrecognized tax benefits accrued at the end of each respective period were $6, $4, and $3. The potential changes, ultimate resolution and timing of payment for remaining matters continue to be uncertain.
The Company files income tax returns in the U.S. federal jurisdiction, various states and foreign jurisdictions. The Company is no longer subject to examinations by tax authorities before the year 2017.
On October 8, 2021, the Organization for Economic Co-operation and Development (the "OECD")/G20 Inclusive Framework on Base Erosion and Profit Shifting released a statement indicating that its members had agreed to a Two Pillar Solution to Address the Tax Challenges Arising from the Digitalisation of the Economy. Pillar One aims to reallocate a taxpayer's residual profits to the market jurisdictions with which the taxpayer has a nexus. Pillar One targets multinational companies with global annual revenue exceeding €20 billion and profit-to-revenue ratio of more than 10%. Based on the current threshold requirements, the Company does not expect to be subject to Pillar One. Pillar Two aims to establish a minimum global tax rate of 15%, assessed through a top-up tax imposed on a country-by-country basis. The impacts of Pillar Two have been recorded since 2024, the first year in which the rules take effect and are immaterial to the Company. The Company continues to closely monitor and evaluate Pillar Two developments, including the January 5th OECD guidance introducing a Side-by-Side Safe Harbor applicable to U.S. parented groups. The guidance also introduced several other new Safe Harbors and extended the Country-by-Country Safe Harbor.
On December 4, 2024, the Governor of Louisiana signed into law a package of tax reform bills, effective January 1, 2025 and January 1, 2026. Among other things, the laws reduce the corporate state income tax rate, repeal the corporate state franchise tax and eliminate preferential apportionment treatment for companies with sales and inventory in foreign trade zones. In the fourth quarter of 2024, the Company recognized a one-time charge of approximately $45 for the revaluation of state deferred tax assets and deferred tax liabilities associated with the change in corporate state income tax and apportionment rates resulting from this change. The Company will continue to evaluate the impact of these tax law changes.
On July 4, 2025, President Trump signed into law the legislation commonly referred to as the One Big Beautiful Bill Act ("OBBBA"), which includes a broad range of tax reform provisions affecting corporations. The OBBBA, among other changes, permanently reinstates the "bonus" depreciation provisions that allow for the immediate expensing of 100% of the cost of certain qualified property, permanently reinstates the elective immediate expensing of domestic research and experimental expenditures paid or incurred and permanently relaxes the limitation on the deductibility of business interest. The OBBBA also modifies certain international tax provisions. The Company evaluated the impact of these tax law changes and recognized the associated income tax effects in the consolidated financial statements beginning in the third quarter of 2025, the period of enactment. At this time, the Company expects these tax law changes to reduce its cash tax without materially impacting its effective income tax rate.