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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes

The consolidated income tax expense consists of the following for the years ended December 31 ($ in millions):
 
2018
 
2017
 
2016
Current provision
 
 
 
 
 
Federal
$
498

 
$
421

 
$
485

State and local
107

 
14

 
22

Total current provision
605

 
435

 
507

Deferred provision
(131
)
 
(109
)
 
92

Total income tax expense
$
474

 
$
326

 
$
599



The reconciliation of the tax provision at the U.S. federal statutory rate to income tax expense for the years ended December 31 is as follows ($ in millions):
 
2018
 
2017
 
2016
Earnings from operations, before income tax expense
$
1,368


$
1,134


$
1,160

Loss (earnings) attributable to flow through noncontrolling interest
4

 
15

 
(8
)
Earnings from operations, less noncontrolling interest, before income tax expense
1,372

 
1,149

 
1,152

 
 
 


 
 
Tax provision at the U.S. federal statutory rate
288

 
402

 
402

State income taxes, net of federal income tax benefit
52

 
11

 
10

Nondeductible compensation
33

 
58

 
23

ACA Health Insurer Fee
149

 

 
162

Income Tax Reform

 
(125
)
 

Valuation Allowance
(28
)
 
14

 
10

Other, net
(20
)
 
(34
)
 
(8
)
Income tax expense
$
474

 
$
326

 
$
599



The tax effects of temporary differences which give rise to deferred tax assets and liabilities are presented below for the years ended December 31 ($ in millions):
 
2018
 
2017
Deferred tax assets:
 
 
 
Medical claims liability
$
78

 
$
46

Nondeductible liabilities
128

 
41

Net operating loss and tax credit carryforwards
77

 
94

Compensation accruals
109

 
129

Premium and trade receivables
76

 
45

Other
61

 
11

Deferred tax assets
529

 
366

Valuation allowance
(53
)
 
(81
)
Net deferred tax assets
$
476

 
$
285

 
 
 
 
Deferred tax liabilities:
 
 
 
Intangible assets
$
343

 
$
342

Prepaid assets
31

 
23

Fixed assets
132

 
84

Investments in joint ventures
27

 
20

Deferred revenue
19

 
26

Other
6

 
17

Deferred tax liabilities
558

 
512

Net deferred tax assets (liabilities)
$
(82
)
 
$
(227
)

Valuation allowances are provided when it is considered more likely than not that deferred tax assets will not be realized. The valuation allowances primarily relate to future tax benefits on certain federal, state and foreign net operating loss and tax credit carryforwards. The $28 million decrease in valuation allowance relates to an increase in current taxable income of a subsidiary whose annual net operating loss deduction is limited by law.
 
Federal net operating loss carryforwards of $19 million expire beginning in 2020 through 2038; state net operating loss and tax credit carryforwards of $44 million expire beginning in 2019 through 2038. Substantially all of the non-U.S. tax loss carryforwards have indefinite carryforward periods.

The Company maintains a reserve for uncertain tax positions that may be challenged by a tax authority. A rollforward of the beginning and ending amount of uncertain tax positions, exclusive of related interest and penalties, is as follows:
 
Year Ended December 31,
 
2018
 
2017
Gross unrecognized tax benefits, beginning of period
$
257

 
$
102

Gross increases:
 
 
 
Current year tax positions
7

 
43

Prior year tax positions
14

 
113

Gross decreases:
 
 
 
Statute of limitation lapses
(1
)
 
(1
)
Gross unrecognized tax benefits, end of period
$
277

 
$
257


Uncertain tax positions increased $20 million due to various federal positions. As of December 31, 2018, $248 million of unrecognized tax benefits would impact the Company's effective tax rate in future periods, if recognized. The Company believes it is reasonably possible that its liability for unrecognized tax benefits will decrease in the next twelve months by $15 million as a result of the expiration of statutes of limitations and projected audit settlements in certain jurisdictions.

The table above excludes interest, net of related tax benefits, which is treated as income tax expense (benefit) under the Company's accounting policy. For the year ended December 31, 2018, the Company recognized net interest expense related to uncertain positions of $5 million. The Company had $14 million and $9 million of accrued interest and penalties for uncertain tax positions as of December 31, 2018 and 2017, respectively.

The Company files tax returns for federal as well as numerous state tax jurisdictions. As of December 31, 2018, Health Net is under federal examination for tax years 2011 through its final return in 2016. Additionally, Centene's tax returns for years 2014 through 2017 are subject to federal examination.

The Company has completed its accounting of the effects of the TCJA on current and deferred income taxes. No material changes were made to the tax effects recorded in 2017.