XML 36 R11.htm IDEA: XBRL DOCUMENT v2.4.0.8
INCOME TAXES
9 Months Ended
Sep. 30, 2013
Income Tax Disclosure [Abstract]  
INCOME TAXES
    INCOME TAXES
 
For the three and nine months ended September 30, 2013, the effective tax rate (“ETR”) was 29.4% and 26.8%, respectively, compared with 16.3% and 24.0% for the same periods in 2012. The ETR increase was primarily due to the prior year change in management's assertion regarding certain foreign earnings and profits that are permanently invested abroad, favorable U.S. return-to-provision adjustments recorded in the prior year and the administrative penalty related to the China Antitrust Review (as defined in Note 8) which is non-deductible for tax purposes.

The Company’s gross reserve for uncertain tax positions related to foreign and domestic matters, including penalties and interest, as of September 30, 2013 and December 31, 2012, was $102.8 million and $75.9 million, respectively. The Company believes that it has adequately provided for all uncertain tax positions. It is reasonably possible that new issues may be raised by tax authorities and that these issues may require increases in the balance of uncertain tax positions. 
 
Pursuant to the Amended and Restated Tax Matters Agreement dated December 18, 2009, Bristol-Myers Squibb Company (“BMS”), the Company’s former parent, maintains responsibility for all uncertain tax positions which may exist in the pre-initial public offering period or which may exist as a result of the initial public offering transaction. The Company has recorded a receivable from BMS for uncertain tax positions, including penalties and interest, of $8.8 million and $8.5 million as of September 30, 2013 and December 31, 2012 respectively.