Income Taxes

12 Months Ended

Dec. 31, 2022

Income Tax Disclosure [Abstract]

INCOME TAXES

14.    INCOME TAXES

Income Statement Components

Income (loss) before income tax expense (benefit) was as follows (in millions):

	Year Ended December 31,
	2022		2021		2020
U.S. operations	$	11,716	$	1,023	$	(2,072)
Foreign operations	3,591		520		62
Income (loss) before income tax expense (benefit)	$	15,307	$	1,543	$	(2,010)

Statutory income tax rates applicable to the countries in which we operate during each of the years ended December 31, 2022, 2021, and 2020 were as follows:

U.S.	21	%
Canada	15	%
U.K.	19	%
Ireland	13	%
Peru	30	%
Mexico	30	%

The following is a reconciliation of income tax expense (benefit) computed by applying statutory income tax rates to actual income tax expense (benefit) (in millions):

	U.S.				Foreign				Total
	Amount		Percent		Amount		Percent		Amount		Percent
Year ended December 31, 2022
Income tax expense at statutory rates	$	2,460	21.0	%	$	611	17.0	%	$	3,071	20.1	%
U.S. state and Canadian provincial tax expense, net of federal income tax effect	182		1.6	%	255		7.1	%	437		2.8	%
Permanent differences	(61)		(0.5)	%	(16)		(0.5)	%	(77)		(0.5)	%
GILTI tax	413		3.5	%	—		—		413		2.7	%
Foreign tax credits	(396)		(3.4)	%	—		—		(396)		(2.6)	%
Repatriation withholding tax	51		0.4	%	—		—		51		0.3	%
Tax effects of income associated with noncontrolling interests	(78)		(0.7)	%	25		0.7	%	(53)		(0.3)	%
Other, net	(27)		(0.2)	%	9		0.3	%	(18)		(0.1)	%
Income tax expense	$	2,544	21.7	%	$	884	24.6	%	$	3,428	22.4	%

________________________

See notes on page 118.

	U.S.				Foreign				Total
	Amount		Percent		Amount		Percent		Amount		Percent
Year ended December 31, 2021
Income tax expense at statutory rates	$	215	21.0	%	$	73	14.0	%	$	288	18.7	%
U.S. state and Canadian provincial tax expense, net of federal income tax effect	16		1.6	%	53		10.2	%	69		4.5	%
Permanent differences	(34)		(3.3)	%	(14)		(2.7)	%	(48)		(3.1)	%
Changes in tax law (a)	(10)		(1.0)	%	74		14.2	%	64		4.1	%
CARES Act (b)	(56)		(5.5)	%	—		—		(56)		(3.6)	%
GILTI tax	125		12.2	%	—		—		125		8.1	%
Foreign tax credits	(103)		(10.1)	%	—		—		(103)		(6.7)	%
Settlements	(22)		(2.1)	%	—		—		(22)		(1.4)	%
Tax effects of income associated with noncontrolling interests	(74)		(7.2)	%	30		5.8	%	(44)		(2.9)	%
Other, net	(7)		(0.7)	%	(11)		(2.1)	%	(18)		(1.2)	%
Income tax expense	$	50	4.9	%	$	205	39.4	%	$	255	16.5	%
Year ended December 31, 2020
Income tax benefit at statutory rates	$	(435)	21.0	%	$	(10)	(16.1)	%	$	(445)	22.1	%
U.S. state and Canadian provincial tax expense (benefit), net of federal income tax effect	(33)		1.6	%	27		43.5	%	(6)		0.3	%
Permanent differences	(23)		1.1	%	15		24.2	%	(8)		0.4	%
CARES Act (b)	(360)		17.4	%	—		—		(360)		17.9	%
Lapse of federal statute of limitations	(39)		1.8	%	—		—		(39)		1.9	%
Change in tax law	—		—	%	21		33.9	%	21		(1.0)	%
Tax effects of income associated with noncontrolling interests	(66)		3.2	%	(8)		(12.9)	%	(74)		3.7	%
Other, net	7		(0.3)	%	1		1.6	%	8		(0.4)	%
Income tax expense (benefit)	$	(949)	45.8	%	$	46	74.2	%	$	(903)	44.9	%

________________________

(a)During the three months ended June 30, 2021, certain statutory income tax rate changes (primarily an increase in the U.K. rate from 19 percent to 25 percent effective in 2023) were enacted that resulted in the remeasurement of our deferred tax liabilities and related deferred income tax expense.

(b)See “CARES Act” on page 123 for a discussion of significant changes in tax law in the U.S. that were enacted in 2020.

Components of income tax expense (benefit) were as follows (in millions):

	U.S.		Foreign		Total
Year ended December 31, 2022
Current:
Country	$	2,147	$	766	$	2,913
U.S. state / Canadian provincial	153		312		465
Total current	2,300		1,078		3,378
Deferred:
Country	164		(138)		26
U.S. state / Canadian provincial	80		(56)		24
Total deferred	244		(194)		50
Income tax expense	$	2,544	$	884	$	3,428
Year ended December 31, 2021
Current:
Country	$	68	$	215	$	283
U.S. state / Canadian provincial	1		97		98
Total current	69		312		381
Deferred:
Country	5		(63)		(58)
U.S. state / Canadian provincial	(24)		(44)		(68)
Total deferred	(19)		(107)		(126)
Income tax expense	$	50	$	205	$	255
Year ended December 31, 2020
Current:
Country	$	(1,033)	$	(34)	$	(1,067)
U.S. state / Canadian provincial	9		(3)		6
Total current	(1,024)		(37)		(1,061)
Deferred:
Country	126		53		179
U.S. state / Canadian provincial	(51)		30		(21)
Total deferred	75		83		158
Income tax expense (benefit)	$	(949)	$	46	$	(903)

Income Taxes Paid (Refunded)

Income taxes paid to (received from) U.S. and foreign taxing authorities were as follows (in millions):

	Year Ended December 31,
	2022		2021			2020
U.S.	$	2,396	$	(878)	(a)	$	130
Foreign	892		36			73
Income taxes paid (refunded), net	$	3,288	$	(842)		$	203

________________________

(a)This amount includes a refund of $962 million that we received related to our U.S. federal income tax return for 2020.

Deferred Income Tax Assets and Liabilities

The tax effects of significant temporary differences representing deferred income tax assets and liabilities were as follows (in millions):

	December 31,
	2022		2021
Deferred income tax assets:
Tax credit carryforwards	$	660	$	679
NOLs	642		697
Inventories	326		217
Compensation and employee benefit liabilities	44		123
Environmental liabilities	57		53
Other	186		149
Total deferred income tax assets	1,915		1,918
Valuation allowance	(1,234)		(1,262)
Net deferred income tax assets	681		656
Deferred income tax liabilities:
Property, plant, and equipment	4,708		4,866
Deferred turnaround costs	369		308
Inventories	234		191
Investments	431		268
Other	156		233
Total deferred income tax liabilities	5,898		5,866
Net deferred income tax liabilities	$	5,217	$	5,210

We had the following income tax credit and loss carryforwards as of December 31, 2022 (in millions):

	Amount		Expiration
U.S. state income tax credits (gross amount)	$	73	2023 through 2033
U.S. state income tax credits (gross amount)	5		Unlimited
U.S. foreign tax credits	598		2027
U.S. state income tax NOLs (gross amount)	12,002		2023 through 2040
U.S. state income tax NOLs (gross amount)	390		Unlimited
Foreign NOLs (gross amount)	9		Unlimited

We have recorded a valuation allowance as of December 31, 2022 and 2021 due to uncertainties related to our ability to utilize some of our deferred income tax assets associated with our U.S. foreign tax credits, certain U.S. state income tax credits, certain foreign deferred tax assets, and certain NOLs before they expire. The valuation allowance is based on our estimates of future taxable income in the various jurisdictions in which we operate and the period over which deferred income tax assets will be recoverable. The valuation allowance decreased by $28 million in 2022 primarily due to increases in the realizability of assets and NOLs in a foreign jurisdiction.

Unrecognized Tax Benefits

Change in Unrecognized Tax Benefits

The following is a reconciliation of the change in unrecognized tax benefits, excluding related interest and penalties, (in millions):

	Year Ended December 31,
	2022		2021		2020
Balance as of beginning of year	$	816	$	847	$	897
Additions for tax positions related to the current year	27		3		5
Additions for tax positions related to prior years	19		13		9
Reductions for tax positions related to prior years	(573)		(25)		(20)
Reductions for tax positions related to the lapse of applicable statute of limitations	(5)		—		(44)
Settlements	—		(22)		—
Balance as of end of year	$	284	$	816	$	847

Liability for Unrecognized Tax Benefits

The following is a reconciliation of unrecognized tax benefits to our liability for unrecognized tax benefits presented in our balance sheets (in millions).

	December 31,
	2022		2021
Unrecognized tax benefits	$	284	$	816
Tax refund claims not yet filed but that we intend to file	—		(28)
Interest and penalties	105		86
Liability for unrecognized tax benefits presented in our balance sheets	$	389	$	874

Our liability for unrecognized tax benefits is reflected in the following balance sheet line items (in millions):

	December 31,
	2022		2021
Deferred charges and other assets, net	$	(26)	$	—
Income taxes payable	169		1
Other long-term liabilities	239		863
Deferred tax liabilities	7		10
Liability for unrecognized tax benefits presented in our balance sheets	$	389	$	874

As of December 31, 2021, our liability for unrecognized tax benefits included $525 million of refund claims associated with taxes paid on incentive payments received from the U.S. federal government for blending biofuels into petroleum-based transportation fuels. We recorded a tax refund receivable of $525 million in connection with our refund claims, but we also recorded a liability for unrecognized tax benefits of $525 million due to the complexity of this matter and uncertainties with respect to sustaining these refund claims. In December 2022, we withdrew our lawsuit regarding this matter. Our financial position, results of operations, and liquidity were not impacted by this withdrawal.

As of December 31, 2022 and 2021, there was $190 million and $708 million, respectively, of unrecognized tax benefits that if recognized would reduce our annual effective tax rate.

During the next 12 months, it is reasonably possible that our tax audit resolutions could reduce our liability for unrecognized tax benefits, excluding interest, by approximately $112 million either because our tax positions are sustained upon audit or because we agree to their disallowance. We do not expect these reductions to have a material impact on our financial statements because such reductions would not materially affect our annual effective tax rate.

Tax Returns Under Audit

U.S. Federal

As of December 31, 2022, our U.S. federal income tax returns for 2012 through 2015, 2017, and 2018 were under audit by the Internal Revenue Service (IRS). The IRS has proposed adjustments for certain open years and we are currently contesting the proposed adjustments with the Office of Appeals of the IRS. We continue to work with the IRS to resolve these matters and we believe that they will be resolved for amounts consistent with our recorded amounts of unrecognized tax benefits associated with these matters.

U.S. State

In 2021, we settled the audits related to our California tax returns for 2004 through 2006. We did not have a significant change to our liability for unrecognized tax benefits upon settlement of the audits. As of December 31, 2022, our California tax returns for 2007 and 2011 through 2019 were under audit by the state of California. We do not expect the ultimate disposition of these audits will result in a material change to our financial condition, results of operations, and liquidity. We believe these audits will be resolved for amounts consistent with our recorded amounts for unrecognized tax benefits associated with these audits.

Foreign

As of December 31, 2022, certain of our Canadian subsidiaries’ federal tax returns for 2013 through 2018 were under audit by the Canada Revenue Agency and our Quebec provincial tax returns for 2013 through 2018 were under audit by Revenue Quebec. Also, we are protesting proposed adjustments related to our Peruvian subsidiary’s federal tax return for 2018, which is under audit by La Superintendencia Nacional de Aduanas y de Administración Tributaria. As of December 31, 2022, the 2020 tax return for one of our Mexican subsidiaries was under audit by Servicio de Administración Tributaria, and we are protesting proposed adjustments for this tax return. We do not expect the ultimate disposition of these audits or inquiries will result in a material change to our financial condition, results of operations, and liquidity.

CARES Act

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act was enacted, which resulted in significant changes to the U.S. Internal Revenue Code of 1986, as amended (the Code). The most significant changes affecting us were as follows:

•Modification of the limitations previously set by the Tax Cuts and Jobs Act of 2017 by providing that tax NOLs arising in a tax year beginning in 2018, 2019, or 2020 can be carried back five years. This provision allows the taxpayer to recover taxes previously paid at a 35 percent federal income tax rate during tax years prior to 2018. In addition, the CARES Act removed the taxable income limitation to allow a tax NOL to fully offset taxable income for tax years beginning before January 1, 2021.

•Increased the deductibility of interest expense from 30 percent to 50 percent of adjusted taxable income for 2019 and 2020. Also, a taxpayer can elect to use its 2019 adjusted taxable income in 2020 to determine the deductible amount of interest expense in that year.

Our income tax benefit for the year ended December 31, 2020 included a tax benefit of $360 million attributable to the tax NOL carryback provided under the CARES Act for our 2020 tax NOL to our 2015 tax year in which we paid federal income taxes at a 35 percent tax rate. Upon filing our superseding 2020 federal income tax return in the fourth quarter of 2021, we recorded an additional tax benefit of $56 million during the year ended December 31, 2021 related to the additional 2020 tax NOL carryback to 2015.

Other Disclosures

Undistributed Earnings of Foreign Subsidiaries

As of December 31, 2022, the cumulative undistributed earnings of our foreign subsidiaries that is considered permanently reinvested in the relevant foreign countries were $7.6 billion. This amount excludes $1 billion of earnings that are no longer considered permanently reinvested. We are able to distribute cash via a dividend from our foreign subsidiaries with a full dividend received deduction in the U.S. However, there is a cost to repatriate the undistributed earnings of certain of our foreign subsidiaries to us, including, but not limited to, withholding taxes imposed by certain foreign jurisdictions, U.S. state income taxes, and U.S. federal income tax on foreign exchange gains. We have accrued $51 million of withholding and other taxes on the $1 billion of earnings previously noted, but it is not practicable to estimate the amount of additional tax that would be payable on the undistributed earnings that are considered permanently reinvested.

Our repatriation tax liability relates to our recognition of a one-time transition tax on the deemed repatriation of previously undistributed accumulated earnings and profits of our foreign subsidiaries and is included in other long-term liabilities (see Note 7). This transition tax will be remitted to the IRS over the eight-year period provided in the Code, with annual installments through 2025.

Interest and Penalties

Interest and penalties incurred during the years ended December 31, 2022, 2021, and 2020 were not material.