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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes

U.S. and foreign income before taxes are set forth below:

 
 
2016
 
2015
 
2014
U.S.
 
$
366

 
$
479

 
$
506

Foreign
 
952

 
782

 
868

 
 
$
1,318

 
$
1,261

 
$
1,374



The details of our income tax provision (benefit) are set forth below:

 
 
 
 
2016
 
2015
 
2014
Current:
 
Federal
 
$
123

 
$
268

 
$
239

 
 
Foreign
 
161

 
131

 
173

 
 
State
 
13

 
28

 
2

 
 
 
 
$
297

 
$
427

 
414

 
 
 
 
 
 
 
 
 
Deferred:
 
Federal
 
$
18

 
$
(117
)
 
(34
)
 
 
Foreign
 
3

 
15

 
(13
)
 
 
State
 
6

 

 
1

 
 
 
 
$
27

 
$
(102
)
 
$
(46
)
 
 
 
 
$
324


$
325


$
368



The reconciliation of income taxes calculated at the U.S. federal statutory rate to our effective tax rate is set forth below:

 
 
2016
 
2015
 
2014
U.S. federal statutory rate
 
$
461

 
35.0
 %
 
$
441

 
35.0
 %
 
$
481

 
35.0
 %
State income tax, net of federal tax benefit
 
15

 
1.1

 
12

 
0.9

 
8

 
0.6

Statutory rate differential attributable to foreign operations
 
(136
)
 
(10.3
)
 
(180
)
 
(14.3
)
 
(147
)
 
(10.7
)
Adjustments to reserves and prior years
 
(11
)
 
(0.9
)
 
13

 
1.0

 
2

 
0.1

Change in valuation allowances
 
(3
)
 
(0.2
)
 
41

 
3.3

 
22

 
1.6

Other, net
 
(2
)
 
(0.1
)
 
(2
)
 
(0.1
)
 
2

 
0.1

Effective income tax rate
 
$
324

 
24.6
 %
 
$
325

 
25.8
 %
 
$
368

 
26.7
 %


Statutory rate differential attributable to foreign operations.  This item includes local taxes, withholding taxes, and shareholder-level taxes, net of foreign tax credits.  The favorable impact is primarily attributable to a majority of our income being earned outside of the U.S. where tax rates are generally lower than the U.S. rate.

In 2015, this benefit was positively impacted by the repatriation of current year foreign earnings as we recognized excess foreign tax credits, resulting from the related effective foreign tax rate being higher than the U.S. federal statutory rate.

Adjustments to reserves and prior years.  This item includes: (1) changes in tax reserves, including interest thereon, established for potential exposure we may incur if a taxing authority takes a position on a matter contrary to our position; and (2) the effects of reconciling income tax amounts recorded in our Consolidated Statements of Income to amounts reflected on our tax returns, including any adjustments to the Consolidated Balance Sheets. The impact of certain effects or changes may offset items reflected in the 'Statutory rate differential attributable to foreign operations' line.

In 2016, this item was favorably impacted by the resolution of uncertain tax positions in the U.S.

In 2014, this item was favorably impacted by the resolution of uncertain tax positions in certain foreign jurisdictions.

Change in valuation allowances.  This item relates to changes for deferred tax assets generated or utilized during the current year and changes in our judgment regarding the likelihood of using deferred tax assets that existed at the beginning of the year.  The impact of certain changes may offset items reflected in the 'Statutory rate differential attributable to foreign operations' line.

In 2016, $3 million of net tax benefit was driven by $14 million in net tax expense for valuation allowances recorded against deferred tax assets generated in the current year and $17 million in net tax benefit for valuation allowances resulting from a change in judgment regarding the future use of certain deferred tax assets that existed at the beginning of the year.

In 2015, $41 million of net tax expense was driven by $17 million for valuation allowances recorded against deferred tax assets generated in the current year and $24 million in net tax expense resulting from a change in judgment regarding the future use of certain deferred tax assets that existed at the beginning of the year.

In 2014, $22 million of net tax expense was driven by $28 million for valuation allowances recorded against deferred tax assets generated during the current year, partially offset by $6 million in net tax benefit resulting from a change in judgment regarding the future use of certain deferred tax assets that existed at the beginning of the year.

Other.  This item primarily includes the impact of permanent differences related to current year earnings as well as U.S. tax credits and deductions.

The details of 2016 and 2015 deferred tax assets (liabilities) are set forth below:

 
 
2016
 
2015
Operating losses
 
$
172

 
$
157

Capital losses
 
184

 
41

Tax credit carryforwards
 
284

 
282

Employee benefits
 
185

 
152

Share-based compensation
 
100

 
121

Self-insured casualty claims
 
32

 
35

Lease-related liabilities
 
65

 
69

Various liabilities
 
56

 
64

Property, plant and equipment
 
37

 
33

Deferred income and other
 
32

 
51

Gross deferred tax assets
 
1,147

 
1,005

Deferred tax asset valuation allowances
 
(195
)
 
(205
)
Net deferred tax assets
 
$
952

 
$
800

Intangible assets, including goodwill
 
$
(107
)
 
$
(111
)
Property, plant and equipment
 
(46
)
 
(46
)
Other
 
(31
)
 
(60
)
Gross deferred tax liabilities
 
$
(184
)
 
$
(217
)
Net deferred tax assets (liabilities)
 
$
768


$
583


Reported in Consolidated Balance Sheets as:
 
 
 
 
Deferred income taxes
 
$
774


$
591

Other liabilities and deferred credits
 
(6
)
 
(8
)
 
 
$
768


$
583


We have investments in foreign subsidiaries where the carrying values for financial reporting exceed the tax basis.  We have not provided deferred tax on the portion of the excess that we believe is indefinitely reinvested, as we have the ability and intent to indefinitely postpone these basis differences from reversing with a tax consequence.   We estimate that our total temporary difference upon which we have not provided deferred tax is approximately $2.1 billion at December 31, 2016.  A determination of the deferred tax liability on this amount is not practicable.

At December 31, 2016, the Company has foreign operating and capital loss carryforwards of $0.5 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 $0.7 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
 
 
 
 
2017
 
2018-2021
 
2022-2035
 
Indefinitely
 
Total
Foreign
 
$
20

 
$
53

 
$
93

 
$
321

 
$
487

U.S. state
 
7

 
97

 
908

 

 
1,012

U.S. federal
 

 
524

 
220

 

 
744

 
 
$
27

 
$
674

 
$
1,221

 
$
321

 
$
2,243



We recognize the benefit of positions taken or expected to be taken in tax returns in the financial statements when it is more likely than not that the position would be sustained upon examination by tax authorities.  A recognized tax position is measured at the largest amount of benefit that is greater than fifty percent likely of being realized upon settlement.

The Company had $91 million and $98 million of unrecognized tax benefits at December 31, 2016 and December 26, 2015, respectively, $87 million and $89 million of which are temporary in nature and if recognized, would not impact the effective income tax rate.  A reconciliation of the beginning and ending amount of unrecognized tax benefits follows:
 
 
2016
 
2015
Beginning of Year
 
$
98

 
$
115

     Additions on tax positions - current year
 

 

     Additions for tax positions - prior years
 
1

 
5

     Reductions for tax positions - prior years
 
(5
)
 
(13
)
     Reductions for settlements
 
(1
)
 
(7
)
     Reductions due to statute expiration
 
(2
)
 
(2
)
     Foreign currency translation adjustment
 

 

End of Year
 
$
91

 
$
98



The Company believes its unrecognized tax benefits will not materially increase or decrease in the next 12 months.

The Company’s income tax returns are subject to examination in the U.S. federal jurisdiction and numerous U.S. state and foreign jurisdictions.

The Company has settled audits with the IRS through fiscal year 2010. Our operations in certain foreign jurisdictions remain subject to examination for tax years as far back as 2006, some of which years are currently under audit by local tax authorities.

The accrued interest and penalties related to income taxes at December 31, 2016 and December 26, 2015 are set forth below:
 
 
2016
 
2015
Accrued interest and penalties
 
$
9

 
$
15



During 2016, 2015 and 2014, a net benefit of $4 million, and net expense of $5 million and $11 million, respectively, for interest and penalties was recognized in our Consolidated Statements of Income as components of its Income tax provision.

In October 2016, the Company completed the separation of its China business into an independent publicly-traded company. The transaction has been treated as qualifying as a tax-free reorganization for U.S. income tax purposes. In addition, the Company considered the China indirect income tax on indirect transfers of assets by nonresident enterprises and concluded that it does not apply to the separation transaction.