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Income Taxes
12 Months Ended
Dec. 31, 2012
INCOE TAXES

22. INCOME TAXES

Income Tax Provision

The following table summarizes the expense for income taxes on continuing operations, for the years ended December 31, 2012, 2011 and 2010:

   December 31,
   2012 2011 2010
           
   (in millions)
 Federal:         
  Current $ - $ - $ (8)
  Deferred   24   (150)   (125)
 State:         
  Current   (2)   1   1
  Deferred   (11)   1   (19)
 Foreign:         
  Current   562   852   678
  Deferred   135   (70)   66
 Total $ 708 $ 634 $ 593

Effective and Statutory Rate Reconciliation

The following table summarizes a reconciliation of the U.S. statutory federal income tax rate to the Company's effective tax rate, as a percentage of income from continuing operations before taxes for the years ended December 31, 2012, 2011 and 2010:

   December 31,
   2012 2011 2010
 Statutory Federal tax rate 35% 35% 35%
 State taxes, net of Federal tax benefit -15% 0% -3%
 Taxes on foreign earnings -21% -3% -2%
 Valuation allowance 13% -3% 0%
 Gain (loss) on sale of businesses 0% 0% 4%
 Chilean withholding tax reversals 0% 0% -3%
 Change in tax law 13% 0% 0%
 DPL goodwill impairment 203% 0% 0%
 Other - net -3% 0% 0%
 Effective tax rate 225% 29% 31%

The current income taxes receivable and payable are included in Other Current Assets and Accrued and Other Liabilities, respectively, on the accompanying Consolidated Balance Sheets. The noncurrent income taxes receivable and payable are included in Other Noncurrent Assets and Other Noncurrent Liabilities, respectively, on the accompanying Consolidated Balance Sheets. The following table summarizes the income taxes receivable and payable as of December 31, 2012 and 2011:

   December 31,
   2012 2011
        
   (in millions)
 Income taxes receivable - current $ 296 $ 563
 Income taxes receivable - noncurrent   15   21
 Total income taxes receivable $ 311 $ 584
        
 Income taxes payable - current $ 405 $ 759
 Income taxes payable - noncurrent   2   3
 Total income taxes payable $ 407 $ 762

Deferred Income Taxes—Deferred income taxes reflect the net tax effects of (a) temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes and (b) operating loss and tax credit carryforwards. These items are stated at the enacted tax rates that are expected to be in effect when taxes are actually paid or recovered.  

As of December 31, 2012, the Company had federal net operating loss carryforwards for tax purposes of approximately $2.2 billion expiring in years 2023 to 2032. Approximately $76 million of the net operating loss carryforward related to stock option deductions will be recognized in additional paid-in capital when realized. The Company also had federal general business tax credit carryforwards of approximately $18 million expiring primarily from 2020 to 2032, and federal alternative minimum tax credits of approximately $5 million that carry forward without expiration. The Company had state net operating loss carryforwards as of December 31, 2012 of approximately $5.8 billion expiring in years 2016 to 2032. As of December 31, 2012, the Company had foreign net operating loss carryforwards of approximately $3.3 billion that expire at various times beginning in 2013 and some of which carry forward without expiration, and tax credits available in foreign jurisdictions of approximately $23 million, $1 million of which expire in 2013 to 2015, $3 million of which expire in 2016 to 2023 and $19 million of which carryforward without expiration.

Valuation allowances increased $5 million during 2012 to $0.9 billion at December 31, 2012. This net increase was primarily the result of valuation allowance activity at certain U.S. state jurisdictions.

Valuation allowances decreased $376 million during 2011 to $0.9 billion at December 31, 2011. This net decrease was primarily the result of the release of a valuation allowance against certain foreign operating loss carryforwards which were written off in 2011 and a release of a valuation allowance at one of our Brazilian subsidiaries.

The Company believes that it is more likely than not that the net deferred tax assets as shown below will be realized when future taxable income is generated through the reversal of existing taxable temporary differences and income that is expected to be generated by businesses that have long-term contracts or a history of generating taxable income. The Company continues to monitor the utilization of its deferred tax asset for its U.S. consolidated net operating loss carryforward. Although management believes it is more likely than not that this deferred tax asset will be realized through generation of sufficient taxable income prior to expiration of the loss carryforwards, such realization is not assured.

The following table summarizes the deferred tax assets and liabilities, as of December 31, 2012 and 2011:

   December 31,
   2012 2011
        
   (in millions)
 Differences between book and tax basis of property $ (2,067) $ (1,909)
 Cumulative translation adjustment   (43)   (39)
 Other taxable temporary differences   (419)   (321)
 Total deferred tax liability   (2,529)   (2,269)
        
 Operating loss carryforwards   1,604   1,481
 Capital loss carryforwards   108   112
 Bad debt and other book provisions   358   463
 Retirement costs   619   360
 Tax credit carryforwards   46   46
 Other deductible temporary differences   555   516
 Total gross deferred tax asset   3,290   2,978
 Less: valuation allowance   (906)   (901)
 Total net deferred tax asset   2,384   2,077
 Net deferred tax asset/(liability) $ (145) $ (192)

The Company considers undistributed earnings of certain foreign subsidiaries to be indefinitely reinvested outside of the United States and, accordingly, no U.S. deferred taxes have been recorded with respect to such earnings in accordance with the relevant accounting guidance for income taxes. Should the earnings be remitted as dividends, the Company may be subject to additional U.S. taxes, net of allowable foreign tax credits. It is not practicable to estimate the amount of any additional taxes which may be payable on the undistributed earnings.

Income from operations in certain countries is subject to reduced tax rates as a result of satisfying specific commitments regarding employment and capital investment. The Company's income tax benefits related to the tax status of these operations are estimated to be $81 million, $60 million and $60 million for the years ended December 31, 2012, 2011 and 2010, respectively. The per share effect of these benefits after noncontrolling interests was $0.10, $0.07 and $0.07 for the year ended December 31, 2012, 2011 and 2010, respectively.

The following table summarizes the income (loss) from continuing operations, before income taxes, net equity in earnings of affiliates and noncontrolling interests, for the years ended December 31, 2012, 2011 and 2010:

   December 31,
   2012 2011 2010
           
   (in millions)
 U.S.  $ (1,915) $ (526) $ (539)
 Non-U.S.    2,229   2,737   2,429
 Total $ 314 $ 2,211 $ 1,890

Uncertain Tax Positions

Uncertain tax positions have been classified as noncurrent income tax liabilities unless expected to be paid in one year. The Company's policy for interest and penalties related to income tax exposures is to recognize interest and penalties as a component of the provision for income taxes in the Consolidated Statements of Operations.

As of December 31, 2012 and 2011, the total amount of gross accrued income tax related interest included in the Consolidated Balance Sheets was $18 million and $15 million, respectively. The total amount of gross accrued income tax related penalties included in the Consolidated Balance Sheets as of December 31, 2012 and 2011 was $4 million and $4 million, respectively.

The total expense (benefit) for interest related to unrecognized tax benefits for the years ended December 31, 2012, 2011 and 2010 amounted to $3 million, $3 million and $(10) million, respectively. For the years ended December 31, 2012, 2011 and 2010, the total expense (benefit) for penalties related to unrecognized tax benefits amounted to $1 million, $0 million and $(1) million, respectively.

We are potentially subject to income tax audits in numerous jurisdictions in the U.S. and internationally until the applicable statute of limitations expires. Tax audits by their nature are often complex and can require several years to complete. The following is a summary of tax years potentially subject to examination in the significant tax and business jurisdictions in which we operate:

 Jurisdiction Tax Years Subject to Examination
    
 Argentina 2006-2012
 Brazil 2007-2012
 Cameroon 2008-2012
 Chile 2009-2012
 Colombia 2010-2012
 El Salvador 2009-2012
 United Kingdom 2009-2012
 United States (Federal) 1994-2012

As of December 31, 2012, 2011 and 2010, the total amount of unrecognized tax benefits was $481 million, $471 million and $437 million, respectively. The total amount of unrecognized tax benefits that would benefit the effective tax rate as of December 31, 2012, 2011 and 2010 is $450 million, $424 million and $412 million, respectively, of which $45 million, $47 million and $51 million, respectively, would be in the form of tax attributes that would warrant a full valuation allowance.

The total amount of unrecognized tax benefits anticipated to result in a net decrease to unrecognized tax benefits within 12 months of December 31, 2012 is estimated to be between $90 million and $110 million.

The following is a reconciliation of the beginning and ending amounts of unrecognized tax benefits for the years ended December 31, 2012, 2011 and 2010:

   2012 2011 2010
           
   (in millions)
 Balance at January 1 $ 471 $ 437 $ 510
 Additions for current year tax positions   12   7   14
 Additions for tax positions of prior years   34   49   51
 Reductions for tax positions of prior years   (29)   (18)   (46)
 Effects of foreign currency translation   -   (1)   (2)
 Settlements   (6)   -   (67)
 Lapse of statute of limitations   (1)   (3)   (23)
 Balance at December 31 $ 481 $ 471 $ 437

The Company and certain of its subsidiaries are currently under examination by the relevant taxing authorities for various tax years. The Company regularly assesses the potential outcome of these examinations in each of the taxing jurisdictions when determining the adequacy of the amount of unrecognized tax benefit recorded. While it is often difficult to predict the final outcome or the timing of resolution of any particular uncertain tax position, we believe we have appropriately accrued for our uncertain tax benefits. However, audit outcomes and the timing of audit settlements and future events that would impact our previously recorded unrecognized tax benefits and the range of anticipated increases or decreases in unrecognized tax benefits are subject to significant uncertainty. It is possible that the ultimate outcome of current or future examinations may exceed our provision for current unrecognized tax benefits in amounts that could be material, but cannot be estimated as of December 31, 2012. Our effective tax rate and net income in any given future period could therefore be materially impacted.