3. Income Taxes

The components of the provision for income taxes are as follows:



	Years ended December 31
	2012		2011		2010
Current tax:
U.S. Federal	$	166,386	$	100,983	$	83,850
U.S. State		31,231		21,848		15,745
Foreign		125		(6)		6
		197,742		122,825		99,601
Deferred tax:
U.S. Federal		(16,024)		12,080		10,058
U.S. State		(2,013)		(50)		6
Foreign		(1,578)		(711)		—
		(19,615)		11,319		10,064
Valuation allowance		1,558		616		415
Provision for income taxes	$	179,685	$	134,760	$	110,080

Actual taxes paid for each tax period were less than the current tax expense due to the excess tax benefit on stock-based compensation of $73,210, $38,786, and $14,526 during the years ended December 31 2012, 2011, and 2010, respectively.

The effective tax rate differs from the statutory tax rates as follows:



	Years ended December 31
	2012		2011		2010
Statutory U.S. federal income tax rate	35.0	%	35.0	%	35.0	%
State income tax, net of related federal income tax benefit	4.1		4.1		3.5
Federal credits	-		(0.8)		(0.4)
Other	0.2		0.2		-
Effective income tax rates	39.3	%	38.5	%	38.1	%

In January 2013, the United States Congress authorized, and the President signed into law, certain federal tax credits that can be reflected in the Company’s U.S. tax return for 2012; however, since this law was enacted in 2013, the financial statement benefit of such credits cannot be reflected until the first quarter of 2013. The lack of availability of such credits caused the 2012 effective tax rate to be approximately 0.5% higher than it would have been had the credits been approved in 2012.

Deferred U.S. income taxes have not been recorded for temporary differences related to investments in certain foreign subsidiaries. These temporary differences consisted primarily of undistributed earnings considered permanently invested in operations outside the U.S. Determination of the deferred income tax liability on these unremitted earnings is not practicable because such liability, if any, is dependent on circumstances existing if and when remittance occurs.

Deferred income tax liabilities are taxes the Company expects to pay in future periods. Similarly, deferred income tax assets are recorded for expected reductions in taxes payable in future periods. Deferred income taxes arise because of the differences in the book and tax bases of certain assets and liabilities. Deferred income tax liabilities and assets consist of the following:



	December 31
	2012		2011
Long-term deferred income tax liability:
Leasehold improvements, property and equipment	$	136,040	$	127,706
Goodwill and other assets		1,166		990
Total long-term deferred income tax liability		137,206		128,696
Long-term deferred income tax asset:
Deferred rent		41,041		35,645
Gift card liability		480		373
Capitalized transaction costs		505		504
Stock-based compensation and other employee benefits		46,515		28,079
Foreign net operating loss carry-forwards		2,992		1,397
Other		72		-
Valuation allowance		(3,346)		(1,683)
Total long-term deferred income tax asset		88,259		64,315
Net long-term deferred income tax liability		48,947		64,381
Current deferred income tax liability:
Prepaid assets and other		2,086		1,982
Total current deferred income tax liability		2,086		1,982
Current deferred income tax asset:
Allowances, reserves and other		10,433		8,094
Other employee benefits		573		234
Valuation allowance		(58)		(108)
Total current deferred income tax asset		10,948		8,220
Net current deferred income tax asset		8,862		6,238
Total deferred income tax liability	$	40,085	$	58,143

As of December 31, 2012 and 2011, the Company had no unrecognized tax benefits. There was no change in the amount of unrecognized tax benefits as a result of tax positions taken during the year or in prior periods or due to settlements with taxing authorities or lapses of applicable statutes of limitations. The Company is open to federal and state tax audits until the applicable statutes of limitations expire. Tax audits by their very nature are often complex and can require several years to complete. The Company is no longer subject to U.S. federal tax examinations by tax authorities for tax years before 2009. For the majority of states where the Company has a significant presence, it is no longer subject to tax examinations by tax authorities for tax years before 2008. The Company’s foreign net operating losses begin expiring in 2015.