
	INCOME TAXES

Income (loss) before income taxes for U.S. and non-U.S. operations was as follows:



	2011		2010			2009
	(in millions)
U.S. income (loss)	$	20.3	$	(13.4	)	$	(364.0	)
Non - U.S. income	117.8		132.2			66.9
Total income (loss) before income taxes	$	138.1	$	118.8		$	(297.1	)

The following is a summary of the components of our provisions for income taxes:



	2011			2010			2009
	(in millions)
Current
Federal	$	(24.7	)	$	6.0		$	6.0
Other state and local	(0.2		)	1.4			0.5
Foreign	9.9			5.5			17.3
Total current	$	(15.0	)	$	12.9		$	23.8

Deferred
Federal	$	22.3		$	(6.0	)	$	(64.7	)
Other state and local	(1.4		)	0.5			(0.6		)
Foreign	(4.9		)	(3.1		)	(2.3		)
Total deferred	16.0			(8.6		)	(67.6		)
Total income tax expense (benefit)	$	1.0		$	4.3		$	(43.8	)

The following is a reconciliation of our provision for income taxes to the expected amounts using statutory rates:



	2011		2010		2009
Federal statutory	35.0	%	35.0	%	35.0	%
Foreign income taxes	(34.6	)	(42.9	)	11.6
State and local	(1.2	)	1.6		0.1
Valuation allowance	(30.7	)	(39.3	)	(10.2	)
U.S. tax on unremitted foreign earnings	26.3		49.6		(33.2	)
NOL carryback refund	—		—		16.4
Other	5.9		(0.4	)	(5.0	)
Effective income tax rate	0.7	%	3.6	%	14.7	%

Our income tax expense and effective tax rate for 2011 reflects the effect of recognizing a net operating loss (NOL) benefit against our taxable income in the U.S. Our income tax expense for 2011 also reflects net tax benefits of $4.5 million relating to the favorable resolution of income tax audits in the U.S. and the impacts of changes in tax laws in Michigan and Brazil.

Our income tax expense and effective tax rate for 2010 reflects the effect of recognizing a net operating loss (NOL) benefit against our taxable income in the U.S. In conjunction with the filing of our 2009 federal tax return, under provisions contained in the American Recovery and Reinvestment Act of 2009, we recorded a tax benefit of $1.4 million in 2010 attributable to the monetization of alternative minimum tax and research and development credits. We received this tax refund during the fourth quarter of 2010.

The income tax benefit and effective tax rate for 2009 reflects the effect of recording a tax benefit of $48.8 million related to the extension of the carryback period of our 2008 NOL and recording a valuation allowance against income tax benefits on losses in the U.S. and certain foreign subsidiaries. In 2009, we also established a deferred tax liability of $118.8 million which represented the estimated tax impact of the undistributed earnings of certain foreign subsidiaries as we believed these accumulated foreign earnings in certain jurisdictions were likely to be remitted to the U.S. as dividends or intercompany loans.

As of December 31, 2011 and 2010, we have refundable income taxes of $3.5 million and $5.9 million, respectively, classified as prepaid expenses and other on our Consolidated Balance Sheet. We also have income taxes payable of $4.1 million and $0.3 million classified as other accrued expenses on our Consolidated Balance Sheet as of December 31, 2011 and 2010, respectively.

The following is a summary of the significant components of our deferred tax assets and liabilities:



	December 31,
	2011			2010
	(in millions)
Current deferred tax assets
Employee benefits	$	15.3		$	14.8
Inventory	6.4			7.7
Deferred revenue	—			22.7
Prepaid taxes and other	11.8			6.4
Valuation allowance	(21.9		)	(41.2		)
Total current deferred tax assets	$	11.6		$	10.4

Current deferred tax liabilities
Unrealized foreign exchange gain and other	(10.2		)	(11.3		)
Current deferred tax asset (liability), net	$	1.4		$	(0.9	)

Current deferred tax assets and liabilities recognized in our Consolidated Balance Sheets are as follows:



	December 31,
	2011		2010
	(in millions)

U.S. federal and state deferred tax asset, net	$	—	$	—
Other foreign deferred tax asset (liability), net	1.4		(0.9		)
Current deferred tax asset (liability), net	$	1.4	$	(0.9	)

The following is a summary of the significant components of our noncurrent deferred tax assets and liabilities:



	December 31,
	2011			2010
	(in millions)
Noncurrent deferred tax assets
Employee benefits	$	222.0		$	235.1
NOL carryforwards	109.0			152.1
Tax credit carryforwards	60.0			101.9
Capital allowance carryforwards	21.1			22.7
Fixed assets	—			30.5
Deferred revenue	30.1			34.8
Capitalized expenditures	78.8			62.8
Other	11.7			9.4
Valuation allowances	(405.0		)	(519.7		)
Noncurrent deferred tax assets	127.7			129.6
Noncurrent deferred tax liabilities
U.S. tax on unremitted foreign earnings	(105.6		)	(91.0		)
Fixed assets and other	(9.7		)	(6.6		)
Noncurrent deferred tax asset, net	$	12.4		$	32.0

Noncurrent deferred tax assets and liabilities recognized in our Consolidated Balance Sheets are as follows:



	December 31,
	2011		2010
	(in millions)
U.S. federal and state deferred tax asset, net	$	6.9	$	27.7
Other foreign deferred tax asset, net	5.5		4.3
Noncurrent deferred tax asset, net	$	12.4	$	32.0

DEFERRED INCOME TAX ASSETS AND LIABILITIES AND VALUATION ALLOWANCES The deferred income tax assets and liabilities previously summarized reflect the impact of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the basis of such assets and liabilities as measured by tax laws. As of December 31, 2011 and December 31, 2010, we had deferred tax assets from domestic and foreign NOL and tax credit carryforwards of $190.1 million and $276.7 million, respectively. Approximately $69.4 million of the deferred tax assets at December 31, 2011 relate to NOL carryforwards or tax credits that can be carried forward indefinitely with the remainder having carryover periods of 4 to 20 years.

Accounting guidance for income taxes requires a deferred tax liability be established for the U.S. tax impact of undistributed earnings of foreign subsidiaries unless it can be shown that these earnings will be permanently reinvested outside the U.S. We believe these accumulated foreign earnings in certain jurisdictions are likely to be remitted to the U.S. as dividends or intercompany loans and have established a deferred tax liability of $105.6 million and $91.0 million as of December 31, 2011 and 2010, respectively, which represents the estimated tax impact of the undistributed earnings of certain foreign subsidiaries. The remittance of these undistributed earnings may subject us to U.S. income taxes and certain foreign withholding taxes at the time of remittance.

In accordance with the accounting guidance for income taxes, we estimate whether recoverability of our deferred tax assets is “more likely than not,” based on forecasts of taxable income in the related tax jurisdictions. In this estimate, we use historical results, projected future operating results based upon approved business plans, eligible carry forward periods, tax planning opportunities and other relevant considerations.

At December 31, 2011, our valuation allowance was $426.9 million compared to $560.9 million at December 31, 2010.

If, in the future, we generate taxable income on a sustained basis in the U.S. or in foreign jurisdictions for which we have recorded valuation allowances, our current estimate of the recoverability of our deferred tax assets could change and result in the future reversal of some or all of the valuation allowances.

UNRECOGNIZED INCOME TAX BENEFITS To the extent our uncertain tax positions do not meet the “more likely than not” threshold, we have derecognized such positions. To the extent our uncertain tax positions meet the “more likely than not” threshold, we have measured and recorded the highest probable benefit, and have established appropriate reserves for benefits that exceed the amount likely to be sustained upon examination.

A reconciliation of the beginning and ending amounts of unrecognized income tax benefits is as follows:



	Unrecognized Income Tax			Interest and
	Benefits			Penalties
	(in millions)
Balance at January 1, 2009	$	40.6		$	5.2
Increase in prior year tax positions	0.5			4.1
Decrease in prior year tax positions	(1.2		)	—
Increase in current year tax positions	0.7			6.0
Balance at December 31, 2009	$	40.6		$	15.3
Increase in prior year tax positions	6.2			6.1
Decrease in prior year tax positions	(0.2		)	—
Increase in current year tax positions	1.0			0.3
Settlement	—			(0.3		)
Balance at December 31, 2010	$	47.6		$	21.4
Increase in prior year tax positions	—			1.0
Decrease in prior year tax positions	(0.8		)	(2.3		)
Increase in current year tax positions	1.3			—
Settlement	(22.3		)	(12.7		)
Balance at December 31, 2011	$	25.8		$	7.4

At December 31, 2011 and December 31, 2010, we had $25.8 million and $47.6 million of net unrecognized income tax benefits, respectively. Included in the balance at December 31, 2010 was $17.4 million for which the ultimate deductibility was highly certain but for which there is uncertainty about the timing of such deductibility. Because of the impact of deferred tax accounting, other than interest and penalties, the disallowance of the shorter deductibility period would not affect the annual effective tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

In 2011, 2010 and 2009, we recognized a benefit of $1.3 million, expense of $6.1 million and expense of $10.1 million, respectively, of interest and penalties in income tax expense (benefit) on our Consolidated Statement of Operations. We have a liability of $7.4 million and $21.4 million related to the estimated future payment of interest and penalties at December 31, 2011 and 2010, respectively.

We file income tax returns in the U.S. federal jurisdiction, as well as various states and foreign jurisdictions. With few exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2007. The 2004 through 2007 U.S. federal income tax return audits were completed during 2010 and all related appeals were resolved in 2011. This settlement resulted in a reduction of our liability for unrecognized income tax benefits of $28.7 million and a cash payment of $4.1 million, which will be paid in 2012. The Internal Revenue Service (IRS) commenced an examination of our U.S. income tax returns for 2008 and 2009 in 2010. In 2011, we settled the outstanding items related to the 2006 audit with the Mexican tax authorities for $9.5 million. We are no longer subject to tax examinations by the Mexican tax authorities for tax years before 2006. At this time, we are also under audit in several other foreign jurisdictions.

Based on the status of the IRS audits and audits outside the U.S. and the protocol of finalizing audits by the relevant tax authorities, it is not possible to estimate the impact of changes, if any, to previously recorded uncertain tax positions. However, as of December 31, 2011, the IRS and other foreign tax authorities have proposed certain adjustments to our taxable income that would impact our liability for unrecognized tax benefits. Although it is not possible to predict the timing of the conclusion of all ongoing audits with certainty, we anticipate that the current U.S. IRS audits will be completed during 2012. It is possible that a reduction in the unrecognized tax benefits may occur; however, quantification of an estimated range cannot be made at this time