NOTE 9 — Income Taxes

Income before income taxes is as follows:



	Year Ended May 31,
(In millions)	2016		2015		2014
Income before income taxes:
United States	$	956	$	1,967	$	3,066
Foreign	3,667		2,238		478
TOTAL INCOME BEFORE INCOME TAXES	$	4,623	$	4,205	$	3,544

The provision for income taxes is as follows:



	Year Ended May 31,
(In millions)	2016			2015			2014
Current:
United States
Federal	$	304		$	596		$	259
State	71			80			104
Foreign	568			369			499
Total	943			1,045			862
Deferred:
United States
Federal	(57		)	(66		)	19
State	(16		)	(11		)	(3		)
Foreign	(7		)	(36		)	(27		)
Total	(80		)	(113		)	(11		)
TOTAL INCOME TAX EXPENSE	$	863		$	932		$	851

A reconciliation from the U.S. statutory federal income tax rate to the effective income tax rate is as follows:



	Year Ended May 31,
	2016		2015		2014
Federal income tax rate	35.0	%	35.0	%	35.0	%
State taxes, net of federal benefit	1.1	%	0.9	%	1.8	%
Foreign earnings	-18.6	%	-15.7	%	2.2	%
Deferred charge	0.4	%	0.9	%	-14.6	%
Other, net	0.8	%	1.1	%	-0.4	%
EFFECTIVE INCOME TAX RATE	18.7	%	22.2	%	24.0	%

The effective tax rate for the year ended May 31, 2016 was 350 basis points lower than the effective tax rate for the year ended May 31, 2015 primarily due to an increase in the proportion of earnings from operations outside of the United States, which are generally subject to a lower tax rate.

The effective tax rate for the year ended May 31, 2015 was 180 basis points lower than the effective tax rate for the year ended May 31, 2014 primarily due to the favorable resolution of audits in several jurisdictions.

Deferred tax assets and liabilities comprise the following:



	As of May 31,
(In millions)	2016			2015
Deferred tax assets:
Allowance for doubtful accounts	$	5		$	11
Inventories	88			59
Sales return reserves	182			143
Deferred compensation	274			258
Stock-based compensation	206			179
Reserves and accrued liabilities	78			92
Net operating loss carry-forwards	44			10
Undistributed earnings of foreign subsidiaries	179			149
Other	72			76
Total deferred tax assets	1,128			977
Valuation allowance	(52		)	(9		)
Total deferred tax assets after valuation allowance	1,076			968
Deferred tax liabilities:
Property, plant and equipment	(268		)	(220		)
Intangibles	(92		)	(93		)
Other	(4		)	(38		)
Total deferred tax liability	(364		)	(351		)
NET DEFERRED TAX ASSET	$	712		$	617

The following is a reconciliation of the changes in the gross balance of unrecognized tax benefits:



	As of May 31,
(In millions)	2016			2015			2014
Unrecognized tax benefits, beginning of the period	$	438		$	506		$	447
Gross increases related to prior period tax positions⁽¹⁾	49			32			814
Gross decreases related to prior period tax positions⁽¹⁾	(20		)	(123		)	(166		)
Gross increases related to current period tax positions	81			82			125
Gross decreases related to current period tax positions	—			(9		)	(30		)
Settlements⁽¹⁾	(13		)	(27		)	(676		)
Lapse of statute of limitations	(17		)	(10		)	(4		)
Changes due to currency translation	(12		)	(13		)	(4		)
UNRECOGNIZED TAX BENEFITS, END OF THE PERIOD	$	506		$	438		$	506

(1)

During the fourth quarter of the fiscal year ended May 31, 2014, the Company reached a resolution with the IRS on a U.S. Unilateral Advanced Pricing Agreement that covers intercompany transfer pricing for fiscal years 2011 through 2020. As a result, the Company recorded a gross increase in unrecognized tax benefits related to prior period tax positions, a gross decrease in unrecognized tax benefits related to prior period tax positions and a settlement. The net impact of these items resulted in a decrease to unrecognized tax benefits.

As of May 31, 2016, total gross unrecognized tax benefits, excluding related interest and penalties, were $506 million, $290 million of which would affect the Company's effective tax rate if recognized in future periods.

The Company recognizes interest and penalties related to income tax matters in Income tax expense. The liability for payment of interest and penalties increased by $45 million during the year ended May 31, 2016, decreased by $3 million during the year ended May 31, 2015 and increased by $55 million during the year ended May 31, 2014. As of May 31, 2016 and 2015, accrued interest and penalties related to uncertain tax positions were $209 million and $164 million, respectively (excluding federal benefit).

The Company incurs tax liabilities primarily in the United States, China and the Netherlands, as well as various state and other foreign jurisdictions. The Company is currently under audit by the U.S. Internal Revenue Service (“IRS”) for fiscal years 2013 through 2015. The Company has closed all U.S. federal income tax matters through fiscal 2012, with the exception of the validation of foreign tax credits utilized. During the year ended May 31, 2016, the Company received from the IRS a statutory notice of deficiency for fiscal 2012, proposing an increase in tax of $223 million, subject to interest, related to the foreign tax credit matter. The Company intends to contest this deficiency notice. As previously disclosed, the Company received a statutory notice of deficiency for fiscal 2011, proposing an increase in tax of $31 million, subject to interest, related to the foreign tax credit matter. This notice also reported a decrease in foreign tax credit carryovers for fiscal 2010 and 2011. The Company has contested this deficiency notice by filing a petition with the U.S Tax Court in April 2015. The Company does not expect the outcome of this matter to have a material impact on the financial statements. No payments on the assessment would be required until the dispute is definitively resolved. Based on the information currently available, the Company does not anticipate a significant increase or decrease to its unrecognized tax benefits for this matter within the next 12 months.

The Company’s major foreign jurisdictions, China and the Netherlands, have concluded substantially all income tax matters through calendar 2005 and fiscal 2010, respectively. Although the timing of resolution of audits is not certain, the Company evaluates all domestic and foreign audit issues in the aggregate, along with the expiration of applicable statutes of limitations, and estimates that it is reasonably possible the total gross unrecognized tax benefits could decrease by up to $92 million within the next 12 months.

The Company provides for U.S. income taxes on the undistributed earnings of foreign subsidiaries unless they are considered indefinitely reinvested outside the United States. At May 31, 2016, the indefinitely reinvested earnings in foreign subsidiaries upon which United States income taxes have not been provided were approximately $10.7 billion. If these undistributed earnings were repatriated to the United States or if the shares of the relevant foreign subsidiaries were sold or otherwise transferred, they would generate foreign tax credits that would reduce the federal tax liability associated with the foreign dividend or the otherwise taxable transaction. Assuming a full utilization of the foreign tax credits, the potential net deferred tax liability associated with these temporary differences of undistributed earnings would be approximately $3.6 billion at May 31, 2016.

A portion of the Company's foreign operations are benefiting from a tax holiday, which is set to expire in 2021. This tax holiday may be extended when certain conditions are met or may be terminated early if certain conditions are not met. The impact of this tax holiday decreased foreign taxes by $173 million, $174 million and $138 million for the fiscal years ended May 31, 2016, 2015 and 2014, respectively. The benefit of the tax holiday on diluted earnings per common share was $0.10, $0.10 and $0.08 for the fiscal years ended May 31, 2016, 2015 and 2014, respectively.

Deferred tax assets at May 31, 2016 and 2015 were reduced by a valuation allowance relating to tax benefits of certain subsidiaries with operating losses. There was a $43 million net increase in the valuation allowance for the year ended May 31, 2016, compared to no net change and a net increase of $4 million for the years ended May 31, 2015 and 2014, respectively.

The Company has available domestic and foreign loss carry-forwards of $143 million at May 31, 2016. Such losses will expire as follows:



	Year Ending May 31,
(In millions)	2017		2018		2019		2020		2021-2035		Indefinite		Total
Net operating losses	$	1	$	4	$	1	$	1	$	35	$	101	$	143

During the years ended May 31, 2016, 2015 and 2014, income tax benefits attributable to employee stock-based compensation transactions of $281 million, $224 million and $135 million, respectively, were allocated to Total shareholders’ equity.