11. Income Taxes

The provision for income taxes was calculated based on the following components of earnings (loss) before income taxes:

Continuing operations	2013		2012		2011

U.S.	$	86	$	32	$	23
Non-U.S.		249		296		(419	)


	$	335	$	328	$	(396	)

Discontinued operations	2013			2012			2011

U.S.	$	(8	)	$	—		$	—
Non-U.S.		(10	)		(5	)		(2	)


	$	(18	)	$	(5	)	$	(2	)

The provision (benefit) for income taxes consists of the following:

	2013			2012			2011

Current:
U.S.	$	7		$	(4	)	$	(12	)
Non-U.S.		116			117			139


		123			113			127


Deferred:
U.S.					8			11
Non-U.S.		(3	)		(13	)		(53	)


		(3	)		(5	)		(42	)


Total:
U.S.		7			4			(1	)
Non-U.S.		113			104			86


Total for continuing operations		120			108			85
Total for discontinued operations					(3	)		(3	)


	$	120		$	105		$	82

A reconciliation of the provision for income taxes based on the statutory U.S. Federal tax rate of 35% to the provision for income taxes is as follows:

	2013			2012			2011

Tax provision on pretax earnings (loss) from continuing operations at statutory U.S. Federal tax rate	$	117		$	115		$	(139	)
Increase (decrease) in provision for income taxes due to:
Differences in income taxes on foreign earnings, losses and remittances		(29	)		(5	)		(13	)
Goodwill impairment								224
Changes in valuation allowance		37			(7	)		15
Tax audits and settlements		1			(1	)		3
Other items		(6	)		6			(5	)


Provision for income taxes	$	120		$	108		$	85

Deferred income taxes reflect: (1) the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes; and (2) carryovers and credits for income tax purposes.

Significant components of the Company's deferred tax assets and liabilities at December 31, 2013 and 2012 are as follows:

	2013			2012

Deferred tax assets:
Accrued postretirement benefits	$	60		$	89
Asbestos-related liabilities		157			161
Foreign tax credit		356			354
Operating and capital loss carryovers		489			486
Other credit carryovers		46			46
Accrued liabilities		89			95
Pension liability		47			237
Other		73			97


Total deferred tax assets		1,317			1,565
Deferred tax liabilities:
Property, plant and equipment		126			120
Exchangeable notes		10			19
Intangibles		27			13
Other		59			83


Total deferred tax liabilities		222			235
Valuation allowance		(990	)		(1,171	)


Net deferred taxes	$	105		$	159

Deferred taxes are included in the Consolidated Balance Sheets at December 31, 2013 and 2012 as follows:

	2013			2012

Prepaid expenses	$	64		$	62
Other assets		237			284
U.S. and foreign income taxes					(5	)
Deferred taxes		(196	)		(182	)


Net deferred taxes	$	105		$	159

The Company reviews the likelihood that it will realize the benefit of its deferred tax assets and therefore the need for valuation allowances on a quarterly basis, or whenever events indicate that a review is required. In determining the requirement for a valuation allowance, the historical and projected financial results of the legal entity or consolidated group recording the net deferred tax asset is considered, along with other positive and negative evidence.

At December 31, 2013, before valuation allowance, the Company had unused foreign tax credits of $356 million expiring in 2017 through 2022, research tax credit of $20 million expiring from 2014 to 2033, and alternative minimum tax credits of $26 million which do not expire and which will be available to offset future U.S. Federal income tax. Approximately $164 million of the deferred tax assets related to operating and capital loss carryforwards can be carried over indefinitely, with the remaining $325 million expiring between 2014 and 2031.

In certain foreign jurisdictions, the Company's analysis indicates that it has cumulative losses in recent years. This is considered significant negative evidence which is objective and verifiable and, therefore, difficult to overcome. However, the cumulative loss position is not solely determinative and, accordingly, the Company considers all other available positive and negative evidence in its analysis. Based on its analysis, the Company has recorded a valuation allowance for the portion of deferred tax assets where based on the weight of available evidence it is unlikely to realize those deferred tax assets.

In the U.S., the Company has experienced cumulative losses in previous years and has recorded a valuation allowance against its deferred tax assets. As of December 31, 2013, however, the Company's U.S. operations are in a three-year cumulative income position, but this is not solely determinative of the need for a valuation allowance. The Company considered this factor and all other available positive and negative evidence and concluded that it is still more likely than not that the net deferred tax assets in the U.S. will not be realized, and accordingly continued to record a valuation allowance. The evidence considered included the magnitude of the current three-year cumulative income compared to historical losses, expected impact of tax planning strategies, interest rates, and the overall business environment. The Company continues to evaluate its cumulative income position and income trend as well as its future projections of sustained profitability and whether this profitability trend constitutes sufficient positive evidence to support a reversal of the valuation allowance (in full or in part). The amount of the valuation allowance recorded in the U.S. as of December 31, 2013 is $837 million.

At December 31, 2013, the Company's equity in the undistributed earnings of foreign subsidiaries for which income taxes had not been provided approximated $3.2 billion. The Company intends to reinvest these earnings indefinitely in the non-U.S. operations and has not distributed any of these earnings to the U.S. in 2013, 2012 or 2011. It is not practicable to estimate the U.S. and foreign tax which would be payable should these earnings be distributed. Deferred taxes are provided for earnings of non-U.S. jurisdictions when the Company plans to remit those earnings.

The Company has recognized tax benefits as a result of incentives in certain non-U.S. jurisdictions which expire between 2014 and 2016.

The Company records a liability for unrecognized tax benefits related to uncertain tax positions. The Company accrues interest and penalties associated with unrecognized tax benefits as a component of its income tax expense. The following is a reconciliation of the Company's total gross unrecognized tax benefits for the years ended December 31, 2013, 2012 and 2011:

	2013			2012			2011

Balance at January 1	$	97		$	125		$	143
Additions and reductions for tax positions of prior years		(3	)		8			(15	)
Additions based on tax positions related to the current year		9			7			30
Reductions due to the lapse of the applicable statute of limitations		(2	)		(21	)		(8	)
Reductions due to settlements					(26	)		(18	)
Foreign currency translation		(1	)		4			(7	)


Balance at December 31	$	100		$	97		$	125




Unrecognized tax benefits, which if recognized, would impact the Company's effective income tax rate	$	92		$	89		$	114




Accrued interest and penalties at December 31	$	35		$	33		$	49




Interest and penalties included in tax expense for the years ended December 31	$	1		$	(6	)	$	18

Based upon the outcome of tax examinations, judicial proceedings, or expiration of statute of limitations, it is reasonably possible that the ultimate resolution of these unrecognized tax benefits may result in a payment that is materially different from the current estimate of the tax liabilities. The Company believes that it is reasonably possible that the estimated liability could decrease up to $20 million within the next 12 months. This is primarily the result of audit settlements or statute expirations in several taxing jurisdictions.

The Company is currently under examination in various tax jurisdictions in which it operates, including Argentina, Australia, Ecuador, Germany, and Italy. The years under examination range from 2005 through 2012. The Company believes that there are no jurisdictions in which the outcome of unresolved issues or claims is likely to be material to the Company's results of operations, financial position or cash flows. The Company further believes that adequate provisions for all income tax uncertainties have been made. During 2013, the Company concluded audits in several jurisdictions, including Czech Republic, France, New Zealand, Peru, Poland, Spain and the United Kingdom.