XML 24 R13.htm IDEA: XBRL DOCUMENT v3.20.2
INCOME TAXES
9 Months Ended
Jul. 31, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES
5.    INCOME TAXES
The company’s effective tax rate was 4.7 percent and 17.2 percent for the three and nine months ended July 31, 2020, respectively. The income tax expense was $9 million and $85 million for the three and nine months ended July 31, 2020, respectively. The income tax expense for the three and nine months ended July 31, 2020 included a net discrete benefit of $10 million and $5 million, respectively.
The company’s effective tax rate was 20.1 percent and 16.9 percent for the three and nine months ended July 31, 2019, respectively. The income tax expense was $40 million and $86 million for the three and nine months ended July 31, 2019, respectively. The income tax expense for the three and nine months ended July 31, 2019 included a net discrete benefit of $3 million and $32 million, respectively. The net discrete benefit for the nine months ended July 31, 2019 primarily related to a change in tax reserves resulting from a change in judgment.
Keysight benefits from tax incentives in several jurisdictions, most significantly in Singapore, that have granted us tax incentives that require renewal at various times in the future. The tax incentives provide lower rates of taxation on certain classes of income and require thresholds of investments and employment or specific types of income in those jurisdictions.  The impact of the tax incentives decreased the income tax provision by $29 million and $32 million for the nine months ended July 31, 2020 and 2019, respectively, resulting in a benefit to net income per share (diluted) of approximately $0.15 and $0.17 for the nine months ended July 31, 2020 and 2019, respectively. The majority of our tax incentives are due for renewal between 2024 and 2025. With regard to the incentive in Malaysia, a formal application must be filed during fiscal year 2020 to renew the tax incentive through 2025. Keysight intends to file the application timely and does not anticipate any impediments to the renewal process.
The open tax years for the IRS and most states as of July 31, 2020 are from November 1, 2015 through the current tax year. For the majority of our foreign entities, the open tax years are from November 1, 2014 through the current tax year. For certain foreign entities, the tax years remain open, at most, back to the year 2008. Given the number of years and numerous matters that remain subject to examination in various tax jurisdictions, we are unable to estimate the range of possible changes to the balance of our unrecognized tax benefits.
The company was audited in Malaysia for the 2008 tax year. This tax year pre-dates our separation from Agilent. However, pursuant to the tax matters agreement between Agilent and Keysight that was finalized at the time of separation, for certain entities, including Malaysia, any historical tax liability is the responsibility of Keysight. In the fourth quarter of fiscal 2017, Keysight paid income taxes and penalties to the Malaysian Tax Authority of $68 million on gains related to intellectual property rights. Our appeal to the Special Commissioners of Income Tax in Malaysia was unsuccessful. An appeal has now been lodged with the High Court. The company believes there are numerous defenses to the current assessment; the statute of limitations for the 2008 tax year in Malaysia was closed, and the income in question is exempt from tax in Malaysia. The company is pursuing all avenues to resolve this issue favorably for the company.
In response to the COVID-19 outbreak, various jurisdictions in which the company operates have enacted emergency economic stimulus packages that contain certain income tax provisions. This includes the U.S. federal government enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020. Although the company continues to evaluate the impact of such legislation, we have not identified any material impacts on the income tax provision. The company will continue to monitor the impact of these stimulus packages as new clarifying guidance is issued or as additional legislation is enacted.