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Income Taxes | 12 Months Ended
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Jan. 03, 2021
Income Tax Disclosure [Abstract] |
Income Taxes | Income TaxesThe provision for taxes on income consists of:
(Dollars in Millions) | 2022 |  | 2021 |  | 2020 |
Currently payable: |  |  |  |  |  |
U.S. taxes | $ | 2,378 |  |  | 1,525 |  |  | 1,026 |  |
International taxes | 3,069 |  |  | 2,452 |  |  | 1,898 |  |
Total currently payable | 5,447 |  |  | 3,977 |  |  | 2,924 |  |
Deferred: |  |  |  |  |  |
U.S. taxes | (2,081) |  |  | 583 |  |  | (76) |  |
International taxes | 418 |  |  | (2,662) |  |  | (1,065) |  |
Total deferred | (1,663) |  |  | (2,079) |  |  | (1,141) |  |
Provision for taxes on income | $ | 3,784 |  |  | 1,898 |  |  | 1,783 |  |
A comparison of income tax expense at the U.S. statutory rate of 21% in fiscal years 2022, 2021 and 2020, to the Company’s effective tax rate is as follows:
(Dollars in Millions) |  | 2022 |  | 2021 |  | 2020 |
U.S. |  | $ | 5,369 |  |  | 6,110 |  |  | 4,312 |  |
International |  | 16,356 |  |  | 16,666 |  |  | 12,185 |  |
Earnings before taxes on income: |  | $ | 21,725 |  |  | 22,776 |  |  | 16,497 |  |
Tax rates: |  |  |  |  |  |  |
U.S. statutory rate |  | 21.0 | % |  | 21.0 |  |  | 21.0 |  |
International operations (1) |  | (4.5) |  |  | (16.4) |  |  | (9.9) |  |
Consumer health separation |  | 2.2 |  |  | — |  |  | — |  |
U.S. taxes on international income (2) |  | (1.9) |  |  | 6.7 |  |  | 2.7 |  |
Tax benefits from loss on capital assets |  | — |  |  | (1.3) |  |  | (1.2) |  |
Tax benefits on share-based compensation |  | (1.3) |  |  | (1.0) |  |  | (1.5) |  |
All other (3) |  | 1.9 |  |  | (0.7) |  |  | (0.3) |  |
Effective Rate |  | 17.4 | % |  | 8.3 |  |  | 10.8 |  |
(1) For all periods presented the Company has subsidiaries operating in Puerto Rico under various tax incentives. International operations reflect the impacts of operations in jurisdictions with statutory tax rates different than the U.S., particularly Ireland, Switzerland and Puerto Rico, which is a favorable impact on the effective tax rate as compared with the U.S. statutory rate. The 2021 amounts include the reorganization of international subsidiaries; the 2020 amounts include the impact of the new tax legislation enactment in Switzerland, both of which are further described below. (2) Includes the impact of the GILTI tax, the Foreign-Derived Intangible Income deduction and other foreign income that is taxable under the U.S. tax code. The 2022 amount includes the impact of certain provisions of the 2017 TCJA that became effective in fiscal 2022. The 2021 amounts include the reorganization of international subsidiaries; the 2020 amounts include the impact of the new tax legislation enactment in Switzerland, both of which are further described below. (3) Certain prior year amounts have been reclassified to conform to current year presentation. The fiscal year 2022 effective tax rate increased 9.1% as compared to the fiscal year 2021 effective tax rate. As part of the planned separation of the Company’s Consumer Health business, the Company has recognized approximately $0.5 billion in net incremental tax costs in fiscal year 2022, which increased the 2022 effective tax rate by approximately 2.2%. Additionally, the Company recorded certain non-recurring favorable tax items in fiscal year 2021 which resulted in an unfavorable impact to the Company’s fiscal 2022 effective tax rate when compared to the prior fiscal year. These items are described below. The Company’s 2022 tax rate also benefited from certain provisions of the Tax Cuts and Jobs Act of 2017 that became effective in fiscal 2022, the impairment of bermekimab for AD and HS IPR&D (for further information see Note 5 of the 2022 10-K Consolidated Financial Statements) and changes in the fair value of securities in the Company’s investment portfolio, both recorded at the U.S. statutory rate. The fiscal year 2021 tax rate decreased by 2.5% compared to the fiscal year 2020 tax rate, which was primarily driven by the following items. In fiscal year 2021, the Company reorganized the ownership structure of certain wholly-owned international subsidiaries. As part of this reorganization, the Company increased the tax basis of certain assets to fair value in accordance with applicable local regulations. The net impact of this restructuring was approximately $0.6 billion net benefit or 2.7% benefit to the Company’s annual effective tax rate, comprised of the following items: •approximately $2.3 billion of local deferred tax assets to record the remeasurement of the tax basis of these assets to fair value, this benefit has been reflected as “International Operations” on the Company’s effective tax rate reconciliation. •approximately $1.7 billion of U.S. deferred tax expense relating to the GILTI deferred tax liability resulting from the remeasurement of these deferred tax assets. This expense has been reflected as “U.S. tax on international income” on the Company’s effective tax rate reconciliation. Also, in the fiscal fourth quarter of 2021, the Company recognized a loss on certain U.S. affiliates related to the previously impaired book value of certain intangibles, which reduced the 2021 tax rate by approximately 1.3% which is reflected as a “Tax benefits from loss on capital assets” on the effective tax rate reconciliation. Additionally other fiscal 2021 impacts to the rate were primarily driven by litigation and acquisition related items as follows: •the Company accrued additional legal expenses, of approximately $1.6 billion for talc at an effective tax rate of 23.5% and $0.8 billion for Risperdal Gynecomastia settlements at an effective tax rate of 16.4% (See Note 19 to the Consolidated Financial Statements for more details). •the Company recorded a partial IPR&D charge of $0.9 billion for the Ottava intangible asset (acquired with the Auris Health acquisition in 2019) at an effective rate of 22.4%. In fiscal year 2019, Switzerland enacted the Federal Act on Tax Reform and AHV Financing (TRAF) and became effective for fiscal year 2020. The Federal transitional provisions of TRAF allow companies, under certain conditions, to adjust the tax basis in certain assets to fair value (i.e., “step-up”) to be depreciated and amortized resulting in an incremental Swiss tax deduction over the transitional period. TRAF also provides for parameters which enable the Swiss cantons to establish localized tax rates and regulations for companies. The new cantonal tax parameters include favorable tax benefits for patents and additional research and development tax deductions. The cantonal transitional provisions of TRAF allowed companies to elect either 1) tax basis step-up similar to the Federal transition benefit or 2) alternative statutory tax rate for a period not to exceed 5 years. The Company has operations located in various Swiss cantons. During the fiscal year 2020, the final canton where the Company maintains significant operations enacted TRAF legislation. Additionally, the Company received rulings from the Swiss Federal and cantonal tax authorities in the remaining jurisdictions where it has significant operations. These rulings resulted in the Company revising its estimate on the tax basis adjustment (i.e., “step-up”) for its assets and as a result, the Company recorded additional deferred tax benefits in 2020. The Company recognized a net benefit in the fiscal year 2020 for Swiss Tax Reform of approximately $0.4 billion or 2.6% benefit to the Company’s annual effective tax rate, comprised of the following items: •approximately $0.3 billion tax benefit relating to the remeasurement of Swiss deferred tax assets and liabilities for the change in the Federal and cantonal tax rates, where enactment occurred in the fiscal year 2020; this benefit has been reflected as “International Operations” on the Company’s effective tax rate reconciliation. •a $450 million deferred tax asset related to the estimated value of a Federal tax basis step-up of the Company’s Swiss subsidiaries’ assets as described above; this benefit has been reflected as “International Operations” on the Company’s effective tax rate reconciliation. •approximately $0.3 billion of U.S. deferred tax expense relating to the GILTI deferred tax liability resulting from the remeasurement of the Swiss deferred tax assets and liabilities in the fiscal year 2020. This benefit has been reflected as “U.S. tax on international income” on the Company’s effective tax rate reconciliation. The Company does not expect to receive future rulings regarding the transitional provisions of TRAF. Also, in the fiscal year 2020, the Company recognized a capital loss on certain U.S. affiliates related to the previously impaired book value of certain intangibles, which reduced the 2020 tax rate by approximately 1.2% which is reflected as a “Tax benefits from loss on capital assets” on the effective tax rate reconciliation. In addition, in the fiscal year 2020, the Company had lower income in higher tax jurisdictions, primarily driven by: •the impact of the accrual of litigation costs related to talc for $4.0 billion which reduced the U.S. earnings before taxes at an effective tax rate of 23.5%; •the accrual of additional legal costs, including an additional $1.0 billion associated with a revised agreement in principle to settle opioid litigation at an effective tax rate of 21.4% The Company also reduced the contingent consideration liability related to the Auris Health acquisition in 2019 and reversed some of its unrecognized tax benefits due to the completion of several years of tax examinations in certain jurisdictions during the fiscal year 2020. Temporary differences and carryforwards at the end of fiscal years 2022 and 2021 were as follows:
|  | 2022 Deferred Tax |  | 2021 Deferred Tax(1) |
(Dollars in Millions) |  | Asset |  | Liability |  | Asset |  | Liability |
Employee related obligations |  | $ | 725 |  |  |  |  | 1,244 |  |  |  |
Stock based compensation |  | 687 |  |  |  |  | 679 |  |  |  |
Depreciation of property, plant and equipment |  |  |  | (858) |  |  |  |  | (876) |  |
Goodwill and intangibles |  |  |  | (4,271) |  | (3) |  |  | (2,659) |  | (2)
R&D capitalized for tax |  | 2,611 |  |  |  |  | 1,664 |  |  |  |
Reserves & liabilities |  | 2,761 |  |  |  |  | 2,882 |  |  |  |
Income reported for tax purposes |  | 2,045 |  |  |  |  | 2,566 |  |  |  |
Net realizable operating loss carryforwards(4) |  | 1,260 |  |  |  |  | 1,720 |  |  |  |
Undistributed foreign earnings |  | 1,565 |  |  | (1,693) |  |  | 1,015 |  |  | (1,461) |  |
Global intangible low-taxed income |  |  |  | (3,547) |  |  |  |  | (4,853) |  |
Miscellaneous international |  | 1,053 |  |  | (65) |  |  | 870 |  |  | (39) |  |
Miscellaneous U.S. |  | 476 |  |  |  |  |  |  | (16) |  |
Total deferred income taxes |  | $ | 13,183 |  |  | (10,434) |  |  | 12,640 |  |  | (9,904) |  |
(1) Certain prior year amounts have been reclassified to conform to current year presentation. (2) Amount is inclusive of the $2.3 billion deferred tax asset established as part of the reorganized ownership structure of certain wholly-owned international subsidiaries, as previously described. (3) Amount is inclusive of the $1.8 billion deferred tax liability due to the acquisition of Abiomed. (4) Net of valuation allowances of $0.9 billion in both 2022 and 2021. The Company has wholly-owned international subsidiaries that have cumulative net losses. The Company believes that it is more likely than not that these subsidiaries will generate future taxable income sufficient to utilize these deferred tax assets. However, in certain jurisdictions, valuation allowances have been recorded against deferred tax assets for loss carryforwards that are not more likely than not to be realized. The following table summarizes the activity related to unrecognized tax benefits:
(Dollars in Millions) |  | 2022 |  | 2021 |  | 2020 |
Beginning of year |  | $ | 3,323 |  |  | 3,373 |  |  | 3,853 |  |
Increases related to current year tax positions |  | 523 |  |  | 242 |  |  | 265 |  |
Increases related to prior period tax positions |  | 143 |  |  | 23 |  |  | 668 |  |
Decreases related to prior period tax positions |  | (148) |  |  | (128) |  |  | (551) |  |
Settlements |  | (1) |  |  | (187) |  |  | (839) |  |
Lapse of statute of limitations |  | (11) |  |  | — |  |  | (23) |  |
End of year |  | $ | 3,829 |  |  | 3,323 |  |  | 3,373 |  |
The unrecognized tax benefits of $3.8 billion at January 1, 2023, if recognized, would affect the Company’s annual effective tax rate. The Company conducts business and files tax returns in numerous countries and currently has tax audits in progress with a number of tax authorities. With respect to the United States, the IRS has completed its audit for the tax years through 2012 and is currently auditing tax years 2013 through 2016. In the fiscal year 2020, the Company made its final payments for approximately $0.7 billion to the U.S. Treasury related to the final settlement of 2010-2012 tax audit liability. In other major jurisdictions where the Company conducts business, the years that remain open to tax audits go back to the year 2008. The Company believes it is possible that some tax audits may be completed over the next twelve months by taxing authorities in some jurisdictions, including in the United States. However, the Company is not able to provide a reasonably reliable estimate of the timing of any other future tax payments or change in uncertain tax positions, if any. The Company classifies liabilities for unrecognized tax benefits and related interest and penalties as long-term liabilities. Interest expense and penalties related to unrecognized tax benefits are classified as income tax expense. The Company recognized after tax interest expense of $139 million, $44 million and $32 million in fiscal years 2022, 2021 and 2020, respectively. The total amount of accrued interest was $651 million and $512 million in fiscal years 2022 and 2021, respectively.

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