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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Tax Expense (Benefit) [Abstract]  
Income Taxes
INCOME TAXES

Our provisions for income taxes and our cash taxes paid are as follows:
 
 
 
Year Ended December 31,
(in thousands)
 
2011
 
2010
 
2009
Current:
 
 
 
 
 
 
Domestic
 
$
14,027

 
$
16,501

 
$
10,659

Foreign
 
80,698

 
57,006

 
69,132

Total current
 
94,725

 
73,507

 
79,791

Deferred:
 
 
 
 
 
 
Domestic
 
8,934

 
19,730

 
12,029

Foreign
 
(1,432
)
 
11,454

 
9,602

Total deferred
 
7,502

 
31,184

 
21,631

Total provision for income taxes
 
$
102,227

 
$
104,691

 
$
101,422

Cash taxes paid
 
$
72,825

 
$
121,440

 
$
54,504


The components of income before income taxes are as follows:
 
 
 
Year Ended December 31,
(in thousands)
 
2011
 
2010
 
2009
Domestic
 
$
41,831

 
$
87,776

 
$
65,174

Foreign
 
296,054

 
217,446

 
224,601

Income before income taxes
 
$
337,885

 
$
305,222

 
$
289,775


As of December 31, 2011 and 2010, our worldwide deferred tax assets, liabilities and net deferred tax liabilities were as follows: 
 
 
December 31,
(in thousands)
 
2011
 
2010
Deferred tax assets:
 
 
 
 
Deferred compensation
 
$
26,923

 
$
24,791

Deferred income
 
11,588

 
19,808

Accrued expenses
 
8,647

 
6,675

Other
 
4,875

 
5,360

Gross deferred tax assets
 
52,033

 
56,634

Valuation allowance
 

 

Total deferred tax assets
 
$
52,033

 
$
56,634

Deferred tax liabilities:
 
 
 
 
Property and equipment
 
$
88,657

 
$
74,832

Unremitted foreign earnings
 
58,195

 
62,373

Basis difference in equity investments
 
15,518

 
17,177

Other
 
26,477

 
13,580

Total deferred tax liabilities
 
$
188,847

 
$
167,962

Net deferred income tax liability
 
$
136,814

 
$
111,328

Our net deferred tax liability is reflected within our balance sheet as follows: 
 
 
December 31,
(in thousands)
 
2011
 
2010
Deferred tax liabilities
 
$
157,532

 
$
139,822

Current deferred tax assets
 
(20,718
)
 
(28,494
)
Net deferred income tax liability
 
$
136,814

 
$
111,328


We believe it is more likely than not that all our deferred tax assets are realizable. We conduct business through several foreign subsidiaries and, although we expect our consolidated operations to be profitable, there is no assurance that profits will be earned in entities or jurisdictions that have net operating loss carryforwards available. The primary difference between our 2011 effective tax rate of 30.3% and the federal statutory rate of 35% reflects our intent to indefinitely reinvest in certain of our international operations. Therefore, we are no longer providing for U.S. taxes on a portion of our foreign earnings. The effective tax rate of 30.3% in our financial statements for 2011 is a result of our effective rate of 31.5% adjusted by $4.9 million of additional tax benefits, primarily attributable to amending prior years' U.S. federal income tax returns to reflect a broader interpretation of our pre-tax income eligible for certain deductions allowable for oil and gas construction activities, and tax effecting the $19.6 million gain on the sale of the Ocean Legend at the U.S. federal statutory rate of 35%. The primary difference between our 2010 effective tax rate of 34.3% and the federal statutory rate of 35% is the lesser federal tax rate applied to our U.S. manufacturing profits. Income taxes, computed by applying the federal statutory income tax rate to income before income taxes, are not materially different than our actual provisions for income taxes for 2009.
We consider $132 million of unremitted earnings of our foreign subsidiaries to be indefinitely reinvested. It is not practical for us to compute the amount of additional U.S. tax that would be due on this amount. We have provided deferred income taxes on the foreign earnings we expect to repatriate.
We recognize the benefit for a tax position if the benefit is more likely than not to be sustainable upon audit by the applicable taxing authority. If this threshold is met, the tax benefit is then measured and recognized at the largest amount that is greater than 50% likely of being realized upon ultimate settlement.
We account for any applicable interest and penalties on uncertain tax positions as a component of our provision for income taxes on our financial statements. We charged $0.4 million, $0.2 million and $0.5 million to income tax expense in 2011, 2010 and 2009, respectively, for penalties and interest on uncertain tax positions, which brought our total liabilities for penalties and interest on uncertain tax positions to $4.4 million and $4.0 million on our balance sheets at December 31, 2011 and 2010, respectively. Including associated foreign tax credits and penalties and interest, we have accrued a net total of $5.6 million in the caption "other long-term liabilities" on our balance sheet for unrecognized tax benefits at December 31, 2011. All additions or reductions to those liabilities affect our effective income tax rate in the periods of change.
A reconciliation of the beginning and ending amount of gross unrecognized tax benefits, not including associated foreign tax credits and penalties and interest, is as follows:
 
 
 
Year Ended December 31,
(in thousands)
 
2011
 
2010
 
2009
Beginning of year
 
$
9,991

 
$
9,488

 
$
8,402

Additions based on tax positions related to the current year
 
947

 
1,296

 
1,361

Reductions for expiration of statutes of limitations
 
(834
)
 
(793
)
 
(81
)
Settlements
 

 

 
(194
)
Balance at end of year
 
$
10,104

 
$
9,991

 
$
9,488


We do not believe that the total of unrecognized tax benefits will significantly increase or decrease in the next 12 months.
We file a consolidated U.S. federal income tax return for Oceaneering International, Inc. and our domestic subsidiaries. We conduct our international operations in a number of locations that have varying laws and regulations with regard to income and other taxes, some of which are subject to interpretation. Our management believes that adequate provisions have been made for all taxes that will ultimately be payable, although final determination of tax liabilities may differ from our estimates.
Our tax returns are subject to audit by taxing authorities in multiple jurisdictions. These audits often take years to complete and settle. The following lists the earliest tax years open to examination by tax authorities where we have significant operations:
 
 
 
 
Jurisdiction                                 
 
Periods
United States
 
2007
United Kingdom
 
2009
Norway
 
2001
Angola
 
2006
Nigeria
 
2005
Brazil
 
2006
Australia
 
2008
Canada
 
2008