Taxes on Earnings

Provision for Taxes

The Company's effective tax rate was 325.6% and 25.1% for the three months ended January 31, 2018 and 2017, respectively. The effective tax rate for the three months ended January 31, 2018 was significantly impacted by the Tax Act and the settlement of certain pre-Separation tax liabilities of HP Inc.

For the three months ended January 31, 2018, the Company recorded $2.2 billion of net income tax benefits related to various items discrete to the period. The amounts primarily included $920 million of income tax benefits for the effects of the settlement of certain pre-Separation Hewlett-Packard Company income tax liabilities, $806 million of net income tax benefits for impacts related to U.S. tax reform, $203 million of income tax benefits related to the liquidation of an insolvent non-U.S. subsidiary, $244 million of income tax benefits from foreign tax credits and from the release of certain non-U.S. valuation allowances on deferred tax assets and liabilities established in connection with the Everett Transaction following changes in foreign tax laws, $44 million of income tax benefits on restructuring charges, separation costs and acquisition and other related charges, and $14 million of income tax benefits for net excess tax benefits related to stock-based compensation.

For the three months ended January 31, 2017, the Company recorded $31 million of net income tax benefits related to various items discrete to the period. The amounts primarily included $32 million of income tax benefits on restructuring charges, separation costs and acquisition and other related charges and $14 million of income tax benefits largely related to changes in uncertain tax positions and provision-to-return adjustments, partially offset by $19 million of income tax charges related to tax indemnification with HP Inc.

Recent Tax Legislation

See Note 1, "Overview and Basis of Presentation", for details related to the Tax Act. The Tax Act requires the Company to incur a one-time Transition Tax on deferred foreign income not previously subject to U.S. income tax at a rate of 15.5% for foreign cash and certain other net current assets and 8% on the remaining income. The GILTI and BEAT provisions of the Tax Act will be effective for the Company beginning November 1, 2018.

The Company has an October 31 fiscal year end; therefore, the lower corporate tax rate enacted by the Tax Act will be phased in, resulting in a U.S. statutory federal rate of 23.3% for the fiscal year ending October 31, 2018 and 21% for subsequent fiscal years.

The Company has not completed its accounting for the tax effects of the Tax Act. Reasonable estimates of the impacts of the Tax Act are provided in accordance with guidance from the SEC that allows for a measurement period of up to one year after the enactment date of the Tax Act to finalize the recording of the related tax impacts. Adjustments may materially impact the Company’s provision for income taxes and effective tax rate in the period in which the adjustments are made. The Company expects to complete the accounting under the Tax Act as soon as practicable, but in no event later than one year from the enactment date of the Tax Act.

The Company recorded a reasonable estimate of $967 million related to the Transition Tax. The final calculations of the Transition Tax may differ from estimates, potentially materially, due to, among other things, changes in interpretations of the Tax Act, the Company’s analysis of the Tax Act, or any updates or changes to estimates that the Company utilized to calculate the transition impacts, including impacts from changes to current year earnings estimates and assertions. No cash payment is anticipated due to the availability of tax attributes to offset the Transition Tax. In addition, the Company provisionally recorded a net $1.8 billion tax benefit related to the remeasurement of U.S. deferred tax assets and liabilities as a result of the reduction of the U.S. corporate tax rate.

As part of the remeasurement of the net U.S. deferred tax assets, the Company will need to reassess the realizability of certain deferred tax assets, including tax credits, based on the new method of taxation on non-U.S. earnings applicable beginning in fiscal 2019. The Company's analysis of the future realization of the deferred tax assets is incomplete.

Regarding the new GILTI tax rules, the Company is required to make an accounting policy election to either treat taxes due on future GILTI inclusions in U.S. taxable income as a current period expense when incurred or reflect such portion of the future GILTI inclusions in U.S. taxable income that relate to existing basis differences in the Company's current measurement of deferred taxes. The Company's analysis of the new GILTI tax rules and how they may impact the Company is incomplete. Accordingly, the Company has not made a policy election regarding the treatment of the GILTI tax.

Uncertain Tax Positions

As of January 31, 2018 and October 31, 2017, the amount of unrecognized tax benefits was $10.4 billion and $11.3 billion, respectively, of which up to $2.7 billion and $3.0 billion would affect the Company's effective tax rate if realized as of their respective periods. The Company is joint and severally liable for certain pre-Separation tax liabilities of HP Inc. HP Inc. is subject to numerous ongoing audits by federal, state and foreign tax authorities. During the three months ended January 31, 2018, former Parent settled with the IRS on certain intercompany positions, for which the Company had been joint and severally liable, resulting in a reduction in the Company's unrecognized tax benefits of $0.9 billion.

The Company recognizes interest income from favorable settlements and interest expense and penalties accrued on unrecognized tax benefits in Benefit (provision) for taxes in the Condensed Consolidated Statements of Earnings. As of January 31, 2018 and October 31, 2017, the Company recorded $293 million and $304 million, respectively, for interest and penalties in the Condensed Consolidated Balance Sheets.

The Company engages in continuous discussions and negotiations with taxing authorities regarding tax matters in various jurisdictions. The Company does not expect complete resolution of any audit cycle within the next 12 months. However, it is reasonably possible that certain federal, foreign and state tax issues may be concluded in the next 12 months, including issues involving transfer pricing, joint and several tax liabilities related to the Separation from former Parent and other matters. Accordingly, the Company believes it is reasonably possible that its existing unrecognized tax benefits may be reduced by an amount up to $1.5 billion within the next 12 months.

Deferred Tax Assets and Liabilities

Deferred tax assets and liabilities included in the Condensed Consolidated Balance Sheets were as follows:



	As of
	January 31, 2018			October 31, 2017
	In millions
Deferred tax assets - long-term	$	6,089		$	4,663
Deferred tax liabilities - long-term	(216		)	(104		)
Deferred tax assets net of deferred tax liabilities	$	5,873		$	4,559

The Company periodically engages in intercompany advanced royalty payment and licensing arrangements that may result in advance payments between subsidiaries in different tax jurisdictions. When the local tax treatment of the intercompany licensing arrangements differs from U.S. GAAP treatment, deferred taxes are recognized. For further details, see Note 3, "Segment Information".

Tax Matters Agreement and Other Income Tax Matters

In connection with the Separation, the Company entered into a Tax Matters Agreement with HP Inc. In connection with the Everett and Seattle Transactions, the Company entered into a DXC Tax Matters Agreement with DXC and a Micro Focus Tax Matters Agreement with Micro Focus, respectively. For more details, see the Company's Annual Report on Form 10-K for the fiscal year ended October 31, 2017.