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Income Taxes
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract]  
Income Taxes

14.  Income Taxes

The provision (benefit) for income taxes from continuing operations consisted of:

 

 

2015

 

 

2014

 

 

2013

 

 

 

(In millions)

 

United States

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

(7

)

 

$

(1

)

 

$

8

 

Deferred

 

 

(995

)

 

 

156

 

 

 

103

 

State

 

 

(61

)

 

 

57

 

 

 

9

 

 

 

 

(1,063

)

 

 

212

 

 

 

120

 

Foreign

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

 

4

 

 

 

453

 

 

 

941

 

Deferred

 

 

(231

)

 

 

79

 

 

 

186

 

 

 

 

(227

)

 

 

532

 

 

 

1,127

 

Total

 

 

(1,290

)

 

 

744

 

 

 

1,247

 

Adjustment of deferred taxes for foreign income tax law changes (a)

 

 

(9

)

 

 

 

 

 

(682

)

Total provision (benefit) for income taxes

 

$

(1,299

)

 

$

744

 

 

$

565

 

(a)

The reported amount for 2015 reflects $9 million for the effect of a change in Norway’s hydrocarbon and base corporate income tax rates in December 2015.  The reported amount for 2013 reflects $674 million for the effect of the Denmark hydrocarbon income tax law change to the Chapter 3A regime in December 2013 and $8 million for the effect of a change in Norway’s hydrocarbon and base corporate income tax rates in December 2013.

Income (loss) from continuing operations before income taxes consisted of the following:

 

 

2015

 

 

2014

 

 

2013

 

 

 

(In millions)

 

United States (a)

 

$

(2,728

)

 

$

676

 

 

$

580

 

Foreign

 

 

(1,530

)

 

 

1,760

 

 

 

4,021

 

Total income (loss) from continuing operations before income taxes

 

$

(4,258

)

 

$

2,436

 

 

$

4,601

 

(a)

Includes substantially all of our interest expense, corporate expense and the results of commodity hedging activities.

The components of deferred tax liabilities and deferred tax assets at December 31 were as follows:

 

 

2015

 

 

2014

 

 

 

(In millions)

 

Deferred tax liabilities

 

 

 

 

 

 

 

 

Property, plant and equipment and investments (a)

 

$

(3,743

)

 

$

(4,226

)

Other

 

 

(257

)

 

 

(269

)

Total deferred tax liabilities

 

 

(4,000

)

 

 

(4,495

)

Deferred tax assets

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

 

3,852

 

 

 

3,010

 

Tax credit carryforwards

 

 

188

 

 

 

193

 

Property, plant and equipment and investments (a)

 

 

981

 

 

 

1,110

 

Accrued compensation, deferred credits and other liabilities

 

 

492

 

 

 

449

 

Asset retirement obligations

 

 

1,220

 

 

 

1,421

 

Other

 

 

165

 

 

 

261

 

Total deferred tax assets

 

 

6,898

 

 

 

6,444

 

Valuation allowances

 

 

(1,579

)

 

 

(1,416

)

Total deferred tax assets, net of valuation allowances

 

 

5,319

 

 

 

5,028

 

Net deferred tax assets

 

$

1,319

 

 

$

533

 

(a)

2014 has been adjusted to conform to the 2015 presentation.

At December 31, 2015, we have recognized a gross deferred tax asset related to net operating loss carryforwards of $3,852 million before application of valuation allowances.  The deferred tax asset is comprised of $2,245 million attributable to foreign net operating losses which begin to expire in 2025, $1,394 million attributable to U.S. federal operating losses which begin to expire in 2020 and $213 million attributable to losses in various U.S. states which begin to expire in 2016.  The deferred tax asset attributable to foreign net operating losses, net of valuation allowances, is $1,631 million, substantially all of which relates to loss carryforwards in Denmark, Norway and Malaysia.  The deferred tax asset attributable to federal net operating losses, net of valuation allowances, is $1,394 million.  The deferred tax asset attributable to state net operating losses, net of valuation allowances, is $63 million, substantially all of which relates to North Dakota.  At December 31, 2015, we have federal, state and foreign alternative minimum tax credit carryforwards of $102 million which can be carried forward indefinitely, and approximately $1 million of other business credit carryforwards.  The deferred tax asset attributable to these credits, net of valuation allowances is $54 million.  A full valuation allowance is established against our foreign tax credit carryforwards of $85 million which begin to expire in 2016.

In the Consolidated Balance Sheet, deferred tax assets and liabilities are netted by taxing jurisdiction and are recorded at December 31 as follows:

 

 

2015

 

 

2014

 

 

 

(In millions)

 

Deferred income taxes (long-term asset)

 

$

2,653

 

 

$

2,371

 

Deferred income taxes (long-term liability)

 

 

(1,334

)

 

 

(1,838

)

Net deferred tax assets

 

$

1,319

 

 

$

533

 

 

The difference between our effective income tax rate from continuing operations and the U.S. statutory rate is reconciled below:

 

 

2015

 

2014

 

2013

U.S. statutory rate

 

 

35.0

 

%

 

 

35.0

 

%

 

 

35.0

 

%

Effect of foreign operations (a)(b)

 

 

5.9

 

 

 

 

0.7

 

 

 

 

5.9

 

 

State income taxes, net of Federal income tax

 

 

0.9

 

 

 

 

1.5

 

 

 

 

0.1

 

 

Change in enacted tax laws

 

 

0.2

 

 

 

 

 

 

 

 

(14.8

)

 

Gains on asset sales, net

 

 

(0.2

)

 

 

 

(8.3

)

 

 

 

(15.6

)

 

Goodwill impairment

 

 

(12.2

)

 

 

 

 

 

 

 

 

 

Valuation allowance against previously benefitted deferred tax assets (a)

 

 

(3.1

)

 

 

 

0.6

 

 

 

 

1.0

 

 

Benefit of legal entity restructuring

 

 

3.5

 

 

 

 

 

 

 

 

 

 

Other (a)

 

 

0.5

 

 

 

 

1.0

 

 

 

 

0.7

 

 

Total

 

 

30.5

 

%

 

 

30.5

 

%

 

 

12.3

 

%

(a)

2014 and 2013 have been adjusted to conform to the 2015 presentation.

(b)

The variance in effective income tax rates attributable to the effect of foreign operations primarily resulted from the mix of income among high and low tax rate jurisdictions.

Below is a reconciliation of the gross beginning and ending amounts of unrecognized tax benefits:

 

 

2015

 

2014

 

 

(In millions)

Balance at January 1

 

$             603

 

$             570

Additions based on tax positions taken in the current year

 

19

 

42

Additions based on tax positions of prior years

 

29

 

70

Reductions based on tax positions of prior years

 

(31)

 

(76)

Reductions due to settlements with taxing authorities

 

(12)

 

(3)

Reductions due to lapses in statutes of limitation

 

(4)

 

Balance at December 31

 

$             604

 

$             603

The December 31, 2015 balance of unrecognized tax benefits includes $529 million that, if recognized, would impact our effective income tax rate.  Over the next 12 months, it is reasonably possible that the total amount of unrecognized tax benefits could decrease between $109 million to $161 million due to settlements with taxing authorities or other resolutions, as well as lapses in statutes of limitation.  At December 31, 2015, our accrued interest and penalties related to unrecognized tax benefits is $74 million (2014: $62 million).

We have not recognized deferred income taxes on the portion of undistributed earnings of foreign subsidiaries expected to be indefinitely reinvested in foreign operations.  At December 31, 2015, we have undistributed earnings from foreign subsidiaries, which we expect to be indefinitely reinvested in foreign operations, of approximately $7.7 billion.  We have not measured the unrecognized deferred tax liability related to these earnings because this determination is not practicable.

We file income tax returns in the U.S. and various foreign jurisdictions.  We are no longer subject to examinations by income tax authorities in most jurisdictions for years prior to 2005.