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Income Taxes (Tables)
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12 Months Ended |
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Dec. 29, 2012
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| Income Tax Disclosure [Abstract] |
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| Income before income taxes |
U.S. and foreign income before taxes are set forth below:
| | | | | | | | | | | | | | | | 2012 | | 2011 | | 2010 | U.S. | | $ | 504 |
| | $ | 266 |
| | $ | 345 |
| Foreign | | 1,641 |
| | 1,393 |
| | 1,249 |
| | | $ | 2,145 |
| | $ | 1,659 |
| | $ | 1,594 |
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| Details of income tax provision (benefit) |
The details of our income tax provision (benefit) are set forth below:
| | | | | | | | | | | | | | | | | | | | 2012 | | 2011 | | 2010 | Current: | | Federal | | $ | 160 |
| | $ | 78 |
| | $ | 155 |
| | | Foreign | | 314 |
| | 374 |
| | 356 |
| | | State | | 35 |
| | 9 |
| | 15 |
| | | | | $ | 509 |
| | $ | 461 |
| | 526 |
| | | | | | | | | | Deferred: | | Federal | | 91 |
| | (83 | ) | | (82 | ) | | | Foreign | | (57 | ) | | (40 | ) | | (29 | ) | | | State | | (6 | ) | | (14 | ) | | 1 |
| | | | | 28 |
| | (137 | ) | | (110 | ) | | | | | $ | 537 |
| | $ | 324 |
| | $ | 416 |
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| Effective income tax and tax rate reconciliation |
The reconciliation of income taxes calculated at the U.S. federal tax statutory rate to our effective tax rate is set forth below:
| | | | | | | | | | | | | | | | | | | | | | | | | 2012 | | 2011 | | 2010 | U.S. federal statutory rate | | $ | 751 |
| | 35.0 | % | | $ | 580 |
| | 35.0 | % | | $ | 558 |
| | 35.0 | % | State income tax, net of federal tax benefit | | 4 |
| | 0.2 |
| | 2 |
| | 0.1 |
| | 12 |
| | 0.7 |
| Statutory rate differential attributable to foreign operations | | (165 | ) | | (7.7 | ) | | (218 | ) | | (13.1 | ) | | (235 | ) | | (14.7 | ) | Adjustments to reserves and prior years | | (47 | ) | | (2.2 | ) | | 24 |
| | 1.4 |
| | 55 |
| | 3.5 |
| Net benefit from LJS and A&W divestitures | | — |
| | — |
| | (72 | ) | | (4.3 | ) | | — |
| | — |
| Change in valuation allowances | | 14 |
| | 0.6 |
| | 22 |
| | 1.3 |
| | 22 |
| | 1.4 |
| Other, net | | (20 | ) | | (0.9 | ) | | (14 | ) | | (0.9 | ) | | 4 |
| | 0.2 |
| Effective income tax rate | | $ | 537 |
| | 25.0 | % | | $ | 324 |
| | 19.5 | % | | $ | 416 |
| | 26.1 | % |
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| Details of deferred tax assets (liabilities) |
The details of 2012 and 2011 deferred tax assets (liabilities) are set forth below:
| | | | | | | | | | | | 2012 | | 2011 | Operating losses and tax credit carryforwards | | $ | 495 |
| | $ | 592 |
| Employee benefits | | 251 |
| | 260 |
| Share-based compensation | | 108 |
| | 106 |
| Self-insured casualty claims | | 50 |
| | 47 |
| Lease-related liabilities | | 115 |
| | 134 |
| Various liabilities | | 82 |
| | 75 |
| Property, plant and equipment | | 39 |
| | 55 |
| Deferred income and other | | 57 |
| | 35 |
| Gross deferred tax assets | | 1,197 |
| | 1,304 |
| Deferred tax asset valuation allowances | | (358 | ) | | (368 | ) | Net deferred tax assets | | $ | 839 |
| | $ | 936 |
| Intangible assets, including goodwill | | $ | (256 | ) | | $ | (167 | ) | Property, plant and equipment | | (95 | ) | | (121 | ) | Other | | (48 | ) | | (48 | ) | Gross deferred tax liabilities | | $ | (399 | ) | | $ | (336 | ) | Net deferred tax assets (liabilities) | | $ | 440 |
| | $ | 600 |
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| | | | | | | | | | Reported in Consolidated Balance Sheets as: | | | | | Deferred income taxes – current | | $ | 111 |
| | $ | 112 |
| Deferred income taxes – long-term | | 481 |
| | 549 |
| Accounts payable and other current liabilities | | (5 | ) | | (16 | ) | Other liabilities and deferred credits | | (147 | ) | | (45 | ) | | | $ | 440 |
| | $ | 600 |
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| Loss carryforwards, by year of expiration |
At December 29, 2012, the Company has foreign operating and capital loss carryforwards of $1.0 billion and U.S. state operating loss, capital loss and tax credit carryforwards of $1.0 billion and U.S. federal capital loss and tax credit carryforwards of $0.2 billion. These losses are being carried forward in jurisdictions where we are permitted to use tax losses from prior periods to reduce future taxable income and will expire as follows:
| | | | | | | | | | | | | | | | | | | | | | | | Year of Expiration | | | | | 2013 | | 2014-2017 | | 2018-2032 | | Indefinitely | | Total | Foreign | | $ | 21 |
| | $ | 66 |
| | $ | 121 |
| | $ | 836 |
| | $ | 1,044 |
| U.S. state | | 20 |
| | 128 |
| | 848 |
| | 5 |
| | 1,001 |
| U.S. federal | | — |
| | 107 |
| | 103 |
| | — |
| | 210 |
| | | $ | 41 |
| | $ | 301 |
| | $ | 1,072 |
| | $ | 841 |
| | $ | 2,255 |
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| Unrecognized tax benefits reconciliation |
The Company had $309 million and $348 million of unrecognized tax benefits at December 29, 2012 and December 31, 2011, respectively, $184 million and $197 million of which, if recognized, would impact the effective income tax rate. A reconciliation of the beginning and ending amount of unrecognized tax benefits follows: | | | | | | | | | | | | 2012 | | 2011 | Beginning of Year | | $ | 348 |
| | $ | 308 |
| Additions on tax positions - current year | | 50 |
| | 85 |
| Additions for tax positions - prior years | | 23 |
| | 38 |
| Reductions for tax positions - prior years | | (90 | ) | | (58 | ) | Reductions for settlements | | (6 | ) | | (8 | ) | Reductions due to statute expiration | | (16 | ) | | (22 | ) | Foreign currency translation adjustment | | — |
| | 5 |
| End of Year | | $ | 309 |
| | $ | 348 |
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| Summary of income tax examinations |
The following table summarizes our major jurisdictions and the tax years that are either currently under audit or remain open and subject to examination:
| | | | Jurisdiction | | Open Tax Years | U.S. Federal | | 2004 – 2012 | China | | 2009 – 2012 | United Kingdom | | 2003 – 2012 | Mexico | | 2006 – 2012 | Australia | | 2008 – 2012 |
In addition, the Company is subject to various U.S. state income tax examinations, for which, in the aggregate, we had significant unrecognized tax benefits at December 29, 2012, each of which is individually insignificant.
The accrued interest and penalties related to income taxes at December 29, 2012 and December 31, 2011 are set forth below: | | | | | | | | | | | | 2012 | | 2011 | Accrued interest and penalties | | $ | 50 |
| | $ | 53 |
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