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 income tax expense (benefit) for the years ended December 31, 2022, 2021 and 2020 consists of the following (in millions):
2022 2021 2020
Current:
U.S. Federal $ 2,006  $ 1,388  $ 839 
U.S. State and Local 273  194  100 
Non-U.S. 467  478  420 
Total Current 2,746  2,060  1,359 
Deferred:
U.S. Federal 296  1,311  (725)
U.S. State and Local 136  273  (159)
Non-U.S. 99  61  26 
Total Deferred 531  1,645  (858)
Total Income Tax Expense $ 3,277  $ 3,705  $ 501 
Income before income taxes includes the following components (in millions):
2022 2021 2020
United States $ 12,276  $ 14,220  $ (39)
Non-U.S. 2,549  2,375  1,883 
Total Income Before Income Taxes: $ 14,825  $ 16,595  $ 1,844 
A reconciliation of the statutory federal income tax rate to the effective income tax rate for the years ended December 31, 2022, 2021 and 2020 consists of the following:
2022 2021 2020
Statutory U.S. federal income tax rate 21.0  % 21.0  % 21.0  %
U.S. state and local income taxes (net of federal benefit) (1)
2.0  2.2  (2.6)
Non-U.S. tax rate differential 0.1  —  1.6 
U.S. federal tax credits (0.5) (0.4) (3.6)
Goodwill and other asset impairments —  —  5.1 
Net uncertain tax positions 0.4  0.6  3.6 
Other (0.9) (1.1) 2.1 
Effective income tax rate 22.1  % 22.3  % 27.2  %
(1)The 2020 state tax impact to the effective tax rate is negative due to the favorable proportion of state tax credits in comparison to pretax income.
Our effective tax rate is affected by recurring factors, such as statutory tax rates in the jurisdictions in which we operate and the relative amounts of taxable income we earn in those jurisdictions. It is also affected by discrete items that may occur in any given year, but may not be consistent from year to year.
Our effective tax rate was 22.1% in 2022, compared with 22.3% in 2021 and 27.2% in 2020, primarily due to the effects of the aforementioned recurring factors and the following discrete tax items.
2022 Discrete Items
We recognized an income tax expense of $255 million related to pre-tax defined benefit pension and postretirement medical plan gains of $1.1 billion. This income tax expense was generated at a higher average tax rate than the 2022 U.S. federal statutory tax rate because it included the effect of U.S. state and local and foreign taxes.
We recorded pre-tax transformation strategy costs of $178 million during the year ended December 31, 2022. As a result, we recorded an additional income tax benefit of $36 million. This income tax benefit was generated at a lower average tax rate than the 2022 U.S. federal statutory tax rate due to the effect of foreign taxes.
We recorded pre-tax expenses of $505 million in connection with incentive compensation program design changes during the year ended December 31, 2022. As a result, we recorded an additional income tax benefit of $121 million. This income tax benefit was generated at a higher average tax rate than the 2022 U.S. federal statutory tax rate due to the effect of U.S. state and local and foreign taxes.
We recorded pre-tax expenses of $76 million as a result of a reduction in estimated residual value for certain aircraft during the year ended December 31, 2022. As a result, we recorded an additional income tax benefit of $18 million. This income tax benefit was generated at a higher average tax rate than the 2022 U.S. federal statutory tax rate due to the effect of U.S. state and local taxes.
The recognition of excess tax benefits and deficiencies related to share-based compensation in income tax expense resulted in a net tax benefit of $95 million and reduced our effective tax rate by 0.6% during the year ended December 31, 2022.
2021 Discrete Items
We recognized an income tax expense of $784 million related to pre-tax defined benefit pension and postretirement medical plan gains of $3.3 billion. This income tax expense was generated at a higher average tax rate than the 2021 U.S. federal statutory tax rate because it included the effect of U.S. state and local and foreign taxes.
We recorded pre-tax transformation strategy costs of $380 million during the year ended December 31, 2021. As a result, we recorded an additional income tax benefit of $95 million. This income tax benefit was generated at a higher average tax rate than the 2021 U.S. federal statutory tax rate due to the effect of U.S. state and local and foreign taxes.
We recorded a pre-tax gain of $46 million during the year ended December 31, 2021 related to the divestiture of UPS Freight. As a result, we recorded an additional income tax expense of $11 million. This income tax expense was generated at a higher average tax rate than the 2021 U.S. federal statutory tax rate due to the effect of U.S. state and local taxes.
The recognition of excess tax benefits and deficiencies related to share-based compensation in income tax expense resulted in a net tax benefit of $105 million and reduced our effective tax rate by 0.6% during the year ended December 31, 2021.
2020 Discrete Items
In the fourth quarter of 2020, we recognized an income tax benefit of $1.6 billion related to pre-tax defined benefit pension and postretirement medical plan losses of $6.5 billion. This income tax benefit was generated at a higher average tax rate than the 2020 U.S. federal statutory tax rate because it included the effect of U.S. state and local and foreign taxes.
We recorded pre-tax transformation strategy costs of $348 million during the year ended December 31, 2020. As a result, we recorded an additional income tax benefit of $83 million. This income tax benefit was generated at a higher average tax rate than the 2020 U.S. federal statutory tax rate due to the effect of U.S. state and local and foreign taxes.
We recorded goodwill and other asset impairment charges of $686 million during the year ended December 31, 2020. As a result, we recorded an additional income tax benefit of $57 million. This income tax benefit was generated at a lower average tax rate than the U.S. federal statutory tax rate due to the portion of the costs related to goodwill impairment, which is not deductible for tax purposes.
The recognition of excess tax benefits and deficiencies related to share-based compensation in income tax expense resulted in a net tax benefit of $28 million and reduced our effective tax rate by 1.5% during the year ended December 31, 2020.
Our 2020 effective tax rate was also unfavorably impacted by new uncertain tax positions.
Other Items
Beginning in 2012, we were granted a tax incentive for certain of our non-U.S. operations, which was effective through December 31, 2021. During 2022, the tax incentive was renegotiated and extended through December 31, 2026. The tax incentive is conditional upon our meeting specific employment and investment thresholds. The impact of this tax incentive decreased non-U.S. tax expense by $47, $61 and $35 million (increased diluted earnings per share by $0.05, $0.07 and $0.04) for 2022, 2021 and 2020, respectively.
Deferred income tax assets and liabilities are comprised of the following as of December 31, 2022 and 2021 (in millions):
2022 2021
Fixed assets and capitalized software $ (5,819) $ (5,808)
Operating lease right-of-use assets (893) (839)
Other (708) (593)
Deferred tax liabilities (7,420) (7,240)
Pension and postretirement benefits 637  1,620 
Loss and credit carryforwards 242  342 
Insurance reserves 603  587 
Stock compensation 315  219 
Accrued employee compensation 304  453 
Operating lease liabilities 948  874 
Other 331  318 
Deferred tax assets 3,380  4,413 
Deferred tax assets valuation allowance (123) (122)
Deferred tax asset (net of valuation allowance) 3,257  4,291 
Net deferred tax asset (liability) $ (4,163) $ (2,949)
Amounts recognized in the consolidated balance sheets:
Deferred tax assets $ 139  $ 176 
Deferred tax liabilities (4,302) (3,125)
Net deferred tax asset (liability) $ (4,163) $ (2,949)
The valuation allowance changed by $1, $34 and $34 million during the years ended December 31, 2022, 2021 and 2020, respectively.
We have a U.S. federal capital loss carryforward of $213 million as of December 31, 2022, $6 million of which expires on December 31, 2025, $156 million of which expires on December 31, 2026 and the remainder of which expires on December 31, 2027.
Further, we have U.S. state and local operating loss and credit carryforwards as follows (in millions):
2022 2021
U.S. state and local operating loss carryforwards $ 653  $ 924 
U.S. state and local credit carryforwards $ 46  $ 90 

The U.S. state and local operating loss carryforwards and credits can be carried forward for periods ranging from one year to indefinitely. We also have non-U.S. loss carryforwards of $487 million as of December 31, 2022, the majority of which may be carried forward indefinitely. As indicated in the table above, we have established a valuation allowance for certain U.S. federal, state and non-U.S. carryforwards due to the uncertainty resulting from a lack of previous taxable income within the applicable tax jurisdictions and other limitations.
Undistributed earnings and profits ("E&P") of our foreign subsidiaries amounted to $5.6 billion as of December 31, 2022. Currently, $578 million of the undistributed E&P of our foreign subsidiaries is considered to be indefinitely reinvested and, accordingly, no deferred income taxes have been provided thereon. Upon distribution of those earnings in the form of dividends or otherwise, we would be subject to U.S. state and local taxes and withholding taxes payable in various jurisdictions. Determination of the amount of unrecognized deferred income tax liability is not practicable because of the complexities associated with its hypothetical calculation.
In December 2017, the United States enacted into law the Tax Cuts and Jobs Act (the "Tax Act"), requiring a one-time transition tax on certain unrepatriated earnings of foreign subsidiaries. We elected to pay the tax over eight years based on an installment schedule outlined in the Tax Act. The remaining liability of $123 million is reflected in current and non-current liabilities on the consolidated balance sheets based on the timing of payment. This balance will be paid between 2023 and 2025.
The following table summarizes the activity related to our uncertain tax positions (in millions):
Tax Interest Penalties
Balance as of January 1, 2020 $ 172  $ 52  $ 4 
Additions for tax positions of the current year 61  —  — 
Additions for tax positions of prior years 154  34  2 
Reductions for tax positions of prior years for:
Changes based on facts and circumstances (54) (24) (2)
Settlements during the period —  (1) — 
Lapses of applicable statute of limitations —  —  — 
Balance as of December 31, 2020 333  61  4 
Additions for tax positions of the current year 85  —  — 
Additions for tax positions of prior years 107  23  — 
Reductions for tax positions of prior years for:
Changes based on facts and circumstances (42) (4) (2)
Settlements during the period (3) (2) — 
Lapses of applicable statute of limitations —  —  — 
Balance as of December 31, 2021 480  78  2 
Additions for tax positions of the current year 56  —  — 
Additions for tax positions of prior years 25  30  2 
Reductions for tax positions of prior years for:
Changes based on facts and circumstances (9) (1) — 
Settlements during the period (10) (1) — 
Lapses of applicable statute of limitations (9) (2) — 
Balance as of December 31, 2022 $ 533  $ 104  $ 4 
The total amount of gross uncertain tax positions as of December 31, 2022, 2021, and 2020 that, if recognized, would affect the effective tax rate was $533, $479, and $332 million, respectively. Our continuing policy is to recognize interest and penalties associated with income tax matters as a component of income tax expense.
We file income tax returns in the U.S. federal jurisdiction, most U.S. state and local jurisdictions, and many non-U.S. jurisdictions. We have substantially resolved all U.S. federal income tax matters for tax years prior to 2016.
A number of years may elapse before an uncertain tax position is audited and ultimately settled. It is difficult to predict the ultimate outcome or the timing of resolution for uncertain tax positions. Items that may cause changes to unrecognized tax benefits include the allowance or disallowance of deductions, the timing of deductions and the allocation of income and expense between tax jurisdictions. These changes could result from the settlement of ongoing litigation, the completion of ongoing examinations, the expiration of the statute of limitations, or other unforeseen circumstances. Over the next twelve months, it is reasonably possible that the amount of unrecognized tax benefits may decrease by up to $175 million.