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Income Taxes
 12 Months Ended
May 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes
NOTE 9 — INCOME TAXES
Income before income taxes is as follows:
YEAR ENDED MAY 31,
(Dollars in millions)
202220212020
Income before income taxes:
United States$6,020 $5,723 $2,954 
Foreign631 938 (67)
TOTAL INCOME BEFORE INCOME TAXES$6,651 $6,661 $2,887 
The provision for income taxes is as follows:
YEAR ENDED MAY 31,
(Dollars in millions)
202220212020
Current:
United States
Federal$231 $328 $(109)
State98 134 81 
Foreign926 857 756 
Total Current1,255 1,319 728 
Deferred:
United States
Federal(522)(371)(231)
State(16)(34)(47)
Foreign(112)20 (102)
Total Deferred(650)(385)(380)
TOTAL INCOME TAX EXPENSE$605 $934 $348 
A reconciliation from the U.S. statutory federal income tax rate to the effective income tax rate is as follows:
 YEAR ENDED MAY 31,
202220212020
Federal income tax rate21.0 %21.0 %21.0 %
State taxes, net of federal benefit1.4 %1.3 %0.8 %
Foreign earnings-1.8 %0.2 %5.9 %
Subpart F deferred tax benefit-4.7 %0.0 %0.0 %
Foreign-derived intangible income benefit-4.1 %-3.7 %-8.1 %
Excess tax benefits from share-based compensation-4.9 %-4.5 %-7.2 %
Income tax audits and contingency reserves1.5 %1.5 %-1.4 %
U.S. research and development tax credit-1.0 %-0.9 %-1.8 %
Other, net1.7 %-0.9 %2.9 %
EFFECTIVE INCOME TAX RATE9.1 %14.0 %12.1 %
On December 22, 2017, the U.S. enacted the Tax Cuts and Jobs Act (the "Tax Act"), which significantly changed U.S. tax law and included a provision to tax global intangible low-taxed income (GILTI) of foreign subsidiaries. The Company recognizes taxes due under the GILTI provision as a current period expense.
The effective tax rate for the fiscal year ended May 31, 2022 was lower than the effective tax rate for the fiscal year ended May 31, 2021. The decrease was primarily due to a shift in the Company's earnings mix and recognition of a non-cash, one-time benefit related to the onshoring of the Company's non-U.S. intangible property. During the fourth quarter of fiscal 2022, the Company onshored certain non-U.S. intangible property ownership rights and implemented changes in the Company's legal entity structure. The tax restructuring increases the possibility that foreign earnings in future periods will be subject to tax in the U.S. due to Subpart F of the Internal Revenue Code. The Company recognized a deferred tax asset and corresponding non-cash deferred income tax benefit of 4.7%, to establish the deferred tax deduction that is expected to reduce taxable income in future periods.
The effective tax rate for the fiscal year ended May 31, 2021 was higher than the effective tax rate for the fiscal year ended May 31, 2020, due to a change in the proportion of earnings taxed in the U.S., related to the recovery from the impact of the COVID-19 pandemic and less favorable impacts from discrete items such as stock-based compensation. Income tax audit and contingency reserves for the fiscal year ended May 31, 2021, reflects recognition of a reserve of 1.2% related to Altera Corp. v. Commissioner, where the taxpayer was denied a hearing before the U.S. Supreme Court on June 22, 2020, thereby ratifying the Ninth Circuit Court's decision and requiring the inclusion of stock-based compensation in intercompany cost-sharing arrangements, and other matters of 0.3%.
Deferred tax assets and liabilities comprise the following as of: 
MAY 31,
(Dollars in millions)
20222021
Deferred tax assets:
Inventories(1)
$136 $78 
Sales return reserves(1)
109 100 
Deferred compensation(1)
313 350 
Stock-based compensation195 175 
Reserves and accrued liabilities(1)
145 96 
Operating lease liabilities508 499 
Intangibles275 187 
Capitalized research and development expenditures 353 349 
Net operating loss carry-forwards8 15 
Subpart F deferred tax313 — 
Foreign tax credit carry-forward103 — 
Other(1)
148 178 
Total deferred tax assets2,606 2,027 
Valuation allowance(19)(12)
Total deferred tax assets after valuation allowance2,587 2,015 
Deferred tax liabilities:
Foreign withholding tax on undistributed earnings of foreign subsidiaries(146)(182)
Property, plant and equipment(1)
(247)(255)
Right-of-use assets(437)(431)
Other(1)
(92)(14)
Total deferred tax liabilities(922)(882)
NET DEFERRED TAX ASSET$1,665 $1,133 
(1)The above amounts exclude deferred taxes held-for-sale as of May 31, 2022 and 2021. See Note 20 — Acquisitions and Divestitures for additional information.

The following is a reconciliation of the changes in the gross balance of unrecognized tax benefits as of:
 MAY 31,
(Dollars in millions)
202220212020
Unrecognized tax benefits, beginning of the period$896 $771 $808 
Gross increases related to prior period tax positions71 77 181 
Gross decreases related to prior period tax positions(145)(22)(171)
Gross increases related to current period tax positions62 59 50 
Settlements(17)(5)(58)
Lapse of statute of limitations(10)(6)(28)
Changes due to currency translation(9)22 (11)
UNRECOGNIZED TAX BENEFITS, END OF THE PERIOD$848 $896 $771 
As of May 31, 2022, total gross unrecognized tax benefits, excluding related interest and penalties, were $848 million, of which $626 million would affect the Company's effective tax rate if recognized in future periods. The majority of the total gross unrecognized tax benefits are long-term in nature and included within Deferred income taxes and other liabilities on the Consolidated Balance Sheets.
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 fiscal year ended May 31, 2022, increased by $45 million during the fiscal year ended May 31, 2021, and decreased by $16 million during the fiscal year ended May 31, 2020. As of May 31, 2022 and 2021, accrued interest and penalties related to uncertain tax positions were $248 million and $203 million, respectively (excluding federal benefit) and included within Deferred income taxes and other liabilities on the Consolidated Balance Sheets.
As of May 31, 2022 and 2021, long-term income taxes payable were $535 million and $640 million, respectively, and were included within Deferred income taxes and other liabilities on the Consolidated Balance Sheets.
The Company is subject to taxation in the U.S., as well as various state and foreign jurisdictions. The Company is currently under audit by the U.S. IRS for fiscal years 2017 through 2019. The Company has closed all U.S. federal income tax matters through fiscal 2016, with the exception of certain transfer pricing adjustments. Tax years after 2011 remain open in certain major foreign jurisdictions. 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 $20 million within the next 12 months. In January 2019, the European Commission opened a formal investigation to examine whether the Netherlands has breached State Aid rules when granting certain tax rulings to the Company. The Company believes the investigation is without merit. If this matter is adversely resolved, the Netherlands may be required to assess additional amounts with respect to prior periods, and the Company's income taxes related to prior periods in the Netherlands could increase.
The Company historically had not provided for deferred income taxes on the undistributed earnings of certain foreign subsidiaries as they were considered indefinitely reinvested outside the U.S. During the fourth quarter of fiscal 2022, in connection with a change in the Company's legal entity structure that reduced the withholding tax consequences of a decision to remit undistributed earnings in the Netherlands, the Company changed its assertion regarding its ability and intent to indefinitely reinvest undistributed earnings of certain foreign subsidiaries. The Company has evaluated its historic indefinite reinvestment assertion as a result of the legal entity restructuring and determined that any historical or future undistributed earnings of foreign subsidiaries are no longer considered to be indefinitely reinvested. There is no deferred tax liability associated with those earnings.
A portion of the Company's foreign operations benefit from a tax holiday, which is set to expire in 2031. This tax holiday may be extended when certain conditions are met or may be terminated early if certain conditions are not met. The tax benefit attributable to this tax holiday, before taking into consideration other U.S. indirect tax provisions, was $221 million, $238 million and $238 million for the fiscal years ended May 31, 2022, 2021 and 2020, respectively. The benefit of the tax holiday on diluted earnings per common share was $0.14, $0.15 and $0.15 for the fiscal years ended May 31, 2022, 2021 and 2020, respectively.
Deferred tax assets as of May 31, 2022 and 2021, were reduced by a valuation allowance. For the fiscal year ended May 31, 2022, a valuation allowance was provided for U.S. capital loss carryforwards and on tax benefits generated by certain entities with operating losses. For the fiscal year ended May 31, 2021, a valuation allowance was provided for U.S. capital loss carryforwards and on tax benefits generated by certain entities with operating losses. There was a $7 million net increase in the valuation allowance for the fiscal year ended May 31, 2022, compared to a $14 million net decrease for the fiscal year ended May 31, 2021, and $62 million net decrease for the fiscal year ended May 31, 2020.
The Company has recorded deferred tax assets of $103 million as of May 31, 2022 for U.S. foreign tax credit carry-forwards which will begin to expire in 2032.
The Company has available domestic and foreign loss carry-forwards of $44 million as of May 31, 2022. If not utilized, such losses will expire as follows:
 YEAR ENDING MAY 31,
(Dollars in millions)
20232024202520262027-2042INDEFINITETOTAL
Net operating losses$— $— $— $— $7 $37 $44