14. Income Taxes

The domestic and foreign components of income before income taxes were as follows (in millions):


	Years Ended December 31,
	2012		2011		2010
Domestic	$	1,812	$	1,282	$	727
Foreign		1,693		1,640		1,670

	$	3,505	$	2,922	$	2,397

The components of the provision for income taxes consisted of (in millions):


	Years Ended December 31,
	2012			2011			2010
Current:
Federal	$	700		$	484		$	421
State		48			37			34
Foreign		371			768			448

Total current income tax provision		1,119			1,289			903

Deferred:
Federal		(151	)		(28	)		(260	)
State		—			(3	)		(8	)
Foreign		54			(321	)		103

Total deferred income tax provision		(97	)		(352	)		(165	)

Total income tax provision	$	1,022		$	937		$	738

The difference between the effective tax rate reflected in the provision for income taxes and the U.S. federal statutory rate was as follows (in millions):


	Years Ended December 31,
	2012			2011			2010
Federal income tax at U.S. statutory rate	$	1,227		$	1,023		$	839
Foreign income tax rate differential		(154	)		(152	)		(117	)
State income tax, net of federal benefit		31			22			17
Nondeductible expenses		30			42			40
Tax benefit of manufacturing deduction		(29	)		(37	)		(19	)
Foreign dividends, net of foreign tax credits		(115	)		9			15
Change in deferred tax valuation allowance		80			(18	)		—
Other		(48	)		48			(37	)

Total income tax provision	$	1,022		$	937		$	738

Significant components of our deferred tax assets and liabilities were as follows (in millions):


	December 31,
	2012			2011			2010
Deferred tax assets:
Allowances and operating liabilities	$	368		$	331		$	344
Net operating loss carryforwards		25			14			10
Postretirement benefits		54			14			17
Foreign tax credit carryforwards		259			106			220
Other		149			151			75

		855			616			666
Valuation allowance for deferred tax assets		(93	)		(13	)		(9	)

Total deferred tax assets		762			603			657

Deferred tax liabilities:
Tax over book depreciation		268			204			213
Intangible assets		1,448			1,398			1,307
Deferred income		314			226			456
Accrued U.S. tax on unremitted earnings		92			70			149
Other		208			168			211

Total deferred tax liabilities		2,330			2,066			2,336

Net deferred tax liability	$	1,568		$	1,463		$	1,679

The balance of unrecognized tax benefits at December 31, 2012 and 2011 was $128 million and $131 million, respectively. These unrecognized tax benefits are included in the balance of other liabilities in the Consolidated Balance Sheet. If the $128 million of unrecognized tax benefits accrued at December 31, 2012 are ultimately realized, $55 million would be recorded as a reduction of income tax expense.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in millions):


	2012			2011			2010
Unrecognized tax benefit at beginning of year	$	131		$	118		$	58
Additions based on tax positions related to the current year		2			9			1
Additions for tax positions of prior years		—			13			82
Reductions for tax positions of prior years		—			—			(5	)
Reductions for lapse of applicable statutes of limitations		(5	)		(9	)		(18	)

Unrecognized tax benefit at end of year	$	128		$	131		$	118

The Company does not anticipate that the total unrecognized tax benefits will significantly change due to the settlement of audits or the expiration of statutes of limitation within 12 months of this reporting date.

To the extent penalties and interest would be assessed on any underpayment of income tax, such accrued amounts have been classified as a component of income tax expense in the financial statements consistent with the Company’s policy. During the year ended December 31, 2012, the Company recorded as an increase of income tax expense a $1 million net increase of accrued interest and penalties related to uncertain tax positions. At December 31, 2012, the Company has accrued approximately $7 million of interest and penalties relating to unrecognized tax benefits. These interest and penalties are included in the balance of other liabilities in the Consolidated Balance Sheet at December 31, 2012.

The Company is subject to taxation in the United States, various states and foreign jurisdictions. The Company has significant operations in the United States, Canada, the United Kingdom, the Netherlands and Norway. Tax years that remain subject to examination by major tax jurisdictions vary by legal entity, but are generally open in the U.S. for the tax years ending after 2007 and outside the U.S. for the tax years ending after 2005.

In the United States, the Company has $20 million of net operating loss carryforwards as of December 31, 2012, which expire at various dates through 2030. The potential benefit of $7 million has been reduced by a $7 million valuation allowance. Future income tax payments will be reduced in the event the Company ultimately realizes the benefit of these net operating losses. If the Company ultimately realizes the benefit of these net operating loss carryforwards, the valuation allowance of $7 million would reduce future income tax expense.

Outside the United States, the Company has $76 million of net operating loss carryforwards as of December 31, 2012, which expire at various dates through the year 2022. The potential benefit of $18 million has been reduced by a $16 million valuation allowance. Future income tax payments will be reduced in the event the Company ultimately realizes the benefit of these net operating losses. If the Company ultimately realizes the benefit of these net operating loss carryforwards, the valuation allowance of $16 million would reduce future income tax expense.

Also in the United States, the Company has $259 million of excess foreign tax credits as of December 31, 2012, which expire at various dates through 2021. These credits have been allotted a valuation allowance of $70 million and would be realized as a reduction of future income tax payments.

During 2012, the Company recorded certain tax benefits totaling $138 million primarily from the repatriation of certain non-U.S. earnings that increased our U.S. foreign tax credits. These credits are available to be used by the Company as foreign tax credits in the U.S. over a 10 year period. These excess foreign tax credits were recognized as deferred tax assets in the balance sheet and would be realized as a reduction of future income tax payments in the U.S. However, because of uncertainty associated with the Company’s ability to fully utilize these credits in the future, a valuation allowance of $69 million was recorded in the period. The net result of these transactions reduced income tax expense by $69 million in the period.

During 2012, the Company recorded $118 million in net deferred tax liabilities with a corresponding increase in goodwill related to the 2011 acquisition of Ameron and the 2012 acquisition of NKT.

Undistributed earnings of certain of the Company’s foreign subsidiaries amounted to $4,620 million and $3,789 million at December 31, 2012 and 2011, respectively. Those earnings are considered to be permanently reinvested and no provision for U.S. federal and state income taxes has been made. Distribution of these earnings in the form of dividends or otherwise could result in U.S. federal taxes (subject to an adjustment for foreign tax credits) and withholding taxes payable in various foreign countries. Determination of the amount of unrecognized deferred U.S. income tax liability is not practical; however, unrecognized foreign tax credit carryforwards would be available to reduce some portion of the U.S. liability.

Because of the number of tax jurisdictions in which the Company operates, its effective tax rate can fluctuate as operations and the local country tax rates fluctuate. The Company is also subject to audits by federal, state and foreign jurisdictions which may result in proposed assessments. The Company’s future tax provision will reflect any favorable or unfavorable adjustments to its estimated tax liabilities when resolved. The Company is unable to predict the outcome of these matters. However, the Company believes that none of these matters will have a material adverse effect on the results of operations or financial condition of the Company.