Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v2.4.1.9
INCOME TAXES
 12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
The income tax expense (benefit) for the years ended December 31 consists of the following (in millions):
 
2014
 
2013
 
2012
Current:
 
 
 
 
 
U.S. Federal
$
932

 
$
2,181

 
$
1,901

U.S. State and Local
103

 
205

 
182

Non-U.S.
185

 
162

 
167

Total Current
1,220

 
2,548

 
2,250

Deferred:
 
 
 
 
 
U.S. Federal
427

 
(242
)
 
(1,871
)
U.S. State and Local
(11
)
 
(22
)
 
(201
)
Non-U.S.
(31
)
 
18

 
(11
)
Total Deferred
385

 
(246
)
 
(2,083
)
Total
$
1,605

 
$
2,302

 
$
167


Income before income taxes includes the following components (in millions):
 
2014
 
2013
 
2012
United States
$
3,819

 
$
6,040

 
$
384

Non-U.S.
818

 
634

 
590

 
$
4,637

 
$
6,674

 
$
974



A reconciliation of the statutory federal income tax rate to the effective income tax rate for the years ended December 31 consists of the following:
 
2014
 
2013
 
2012
Statutory U.S. federal income tax rate
35.0
 %
 
35.0
 %
 
35.0
 %
U.S. state and local income taxes (net of federal benefit)
1.2

 
2.1

 
—

Non-U.S. tax rate differential
(2.4
)
 
(1.3
)
 
(6.1
)
Nondeductible/nontaxable items
1.3

 
(0.2
)
 
(0.4
)
U.S. federal tax credits
(1.5
)
 
(1.2
)
 
(7.4
)
Other
1.0

 
0.1

 
(4.0
)
Effective income tax rate
34.6
 %
 
34.5
 %
 
17.1
 %

Our effective tax rate increased to 34.6% in 2014, compared with 34.5% in 2013, largely due to the impact of the gain from liquidating a foreign subsidiary in early 2013 not being taxable (see note 15), offset by favorable changes in the proportion of our taxable income in certain U.S. and non-U.S. jurisdictions relative to total pre-tax income and the increase in U.S. Federal and state tax credits relative to total pre-tax income.
Beginning in 2012, we were granted a tax incentive for certain of our non-U.S. operations, which is effective through December 31, 2017 and may be extended through December 31, 2022 if additional requirements are satisfied. 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 $21 and $20 million for 2014 and 2013, respectively.
Deferred tax liabilities and assets are comprised of the following at December 31 (in millions):
 
2014
 
2013
Fixed assets and capitalized software
$
(4,816
)
 
$
(4,624
)
Other
(424
)
 
(756
)
Deferred tax liabilities
(5,240
)
 
(5,380
)
Pension and postretirement benefits
4,722

 
3,086

Loss and credit carryforwards (non-U.S. and state)
250

 
279

Insurance reserves
745

 
765

Stock compensation
242

 
70

Other
630

 
933

Deferred tax assets
6,589

 
5,133

Deferred tax assets valuation allowance
(208
)
 
(251
)
Deferred tax asset (net of valuation allowance)
6,381

 
4,882

Net deferred tax asset (liability)
$
1,141

 
$
(498
)
 
 
 
 
Amounts recognized in the consolidated balance sheets:
 
 
 
Current deferred tax assets
$
590

 
$
684

Current deferred tax liabilities (included in other current liabilities)
(18
)
 
(48
)
Non-current deferred tax assets
652

 
110

Non-current deferred tax liabilities
(83
)
 
(1,244
)
Net deferred tax asset (liability)
$
1,141

 
$
(498
)

The valuation allowance changed by $(43), $31 and $15 million during the years ended December 31, 2014, 2013 and 2012, respectively.
We have U.S. state and local operating loss and credit carryforwards as follows (in millions):
 
2014
 
2013
U.S. state and local operating loss carryforwards
$
815

 
$
546

U.S. state and local credit carryforwards
$
52

 
$
42


The operating loss carryforwards expire at varying dates through 2034. The state credits can be carried forward for periods ranging from three years to indefinitely.
We also have non-U.S. loss carryforwards of approximately $586 million as of December 31, 2014, the majority of which may be carried forward indefinitely. As indicated in the table above, we have established a valuation allowance for certain non-U.S. and state carryforwards, due to the uncertainty resulting from a lack of previous taxable income within the applicable tax jurisdictions.
Undistributed earnings of foreign subsidiaries amounted to approximately $4.683 billion at December 31, 2014. Those earnings are 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 income taxes and withholding taxes payable in various jurisdictions, which could potentially be offset by foreign tax credits. Determination of the amount of unrecognized deferred income tax liability is not practicable because of the complexities associated with its hypothetical calculation.

The following table summarizes the activity related to our unrecognized tax benefits (in millions):
 
Tax
 
Interest
 
Penalties
Balance at January 1, 2012
$
252

 
$
73

 
$
3

Additions for tax positions of the current year
13

 
—

 
—

Additions for tax positions of prior years
7

 
9

 
1

Reductions for tax positions of prior years for:
 
 
 
 
 
Changes based on facts and circumstances
(22
)
 
(18
)
 
—

Settlements during the period
(3
)
 
(7
)
 
—

Lapses of applicable statute of limitations
(15
)
 
(4
)
 
—

Balance at December 31, 2012
232

 
53

 
4

Additions for tax positions of the current year
15

 
—

 
—

Additions for tax positions of prior years
20

 
9

 
2

Reductions for tax positions of prior years for:
 
 
 
 
 
Changes based on facts and circumstances
(67
)
 
(23
)
 
(1
)
Settlements during the period
(8
)
 
1

 
—

Lapses of applicable statute of limitations
(1
)
 
—

 
(1
)
Balance at December 31, 2013
191

 
40

 
4

Additions for tax positions of the current year
15

 
—

 
—

Additions for tax positions of prior years
51

 
13

 
—

Reductions for tax positions of prior years for:
 
 
 
 
 
Changes based on facts and circumstances
(74
)
 
(8
)
 
—

Settlements during the period
(10
)
 
(2
)
 
—

Lapses of applicable statute of limitations
(1
)
 
(1
)
 
(1
)
Balance at December 31, 2014
$
172

 
$
42

 
$
3


The total amount of gross unrecognized tax benefits as of December 31, 2014, 2013 and 2012 that, if recognized, would affect the effective tax rate was $166, $185 and $224 million, respectively. We also had gross recognized tax benefits of $54, $281 and $280 million recorded as of December 31, 2014, 2013 and 2012, respectively, associated with outstanding refund claims for prior tax years. We had a net payable recorded with respect to prior years’ income tax matters in the accompanying consolidated balance sheets as of December 31, 2014, and a net receivable recorded with respect to prior years’ income tax matters as of December 31, 2013 and 2012. We have also recognized a receivable for interest of $4, $25 and $23 million for the recognized tax benefits associated with outstanding refund claims as of December 31, 2014, 2013 and 2012, respectively. Our continuing practice 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 2010.
In June 2011, we received an IRS Revenue Agent Report ("RAR") covering income taxes for tax years 2005 through 2007. The income tax RAR proposed adjustments related to the value of acquired software and intangibles, research credit expenditures, and the amount of deductible costs associated with our British Pound Sterling Notes exchange offer completed in May 2007. Receipt of the RAR represents only the conclusion of the examination process. We disagreed with some of the proposed adjustments related to these matters. Therefore, we filed protests and, in the third quarter of 2011, the IRS responded to our protests and forwarded the case to IRS Appeals.
In July 2013, we began resolution discussions with IRS Appeals on the income tax matters. In the second quarter of 2014, we reached a final resolution with IRS Appeals on all income tax matters for the 2005 through 2007 tax years and received a net refund of tax and interest totaling $145 million during the second quarter of 2014. The resolution of these matters and subsequent refund of tax and interest did not have a material impact on net income.
In February 2014, we began resolution discussions with IRS Appeals related to an RAR received for tax years 2008 and 2009. In the third quarter of 2014, we reached a final resolution with IRS Appeals on all income tax matters for the 2008 and 2009 tax years. In the fourth quarter of 2014 we received a net refund of tax and interest totaling $26 million. The resolution of these matters and subsequent refund of tax and interest did not have a material impact on net income.
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. It is reasonably possible that the amount of unrecognized tax benefits could significantly increase or decrease within the next twelve months. Items that may cause changes to unrecognized tax benefits include the timing of interest 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. At this time, an estimate of the range of the reasonably possible change cannot be made.