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Income Taxes
6 Months Ended
Sep. 28, 2012
Income Taxes [Abstract]  
Income Taxes

Note 12. Income Taxes   

 

The effective tax rate was approximately 29% and 28% for the three and six months ended September 28, 2012, and 27% and 26% for the three and six months ended September 30, 2011, respectively. 

 

For the three and six months ended September 28, 2012, the tax expense was reduced by $5 million in tax benefits resulting from tax settlements or effectively settled tax items. The tax expense was further reduced by $3 million and $6 million in tax benefits, for the three and six months ended September 28, 2012, respectively, primarily related to lapses of statutes of limitations and prior year items. These tax benefits were offset by a $9 million tax expense from an increase in valuation allowance on state research tax credits for the three months ended September 28, 2012. For the three and six months ended September 30, 2011, the tax expense was reduced by $5 million and $12 million in tax benefits, respectively, primarily related to lapses of statutes of limitations, as well as a $3 million tax benefit, for the three and six months ended September 30, 2011, for discrete events primarily related to tax settlements and adjustments of prior year items.   

 

The provision for the six months ended September 28, 2012 and September 30, 2011 otherwise reflects a forecasted tax rate of 29% (this excludes the tax benefit from our joint venture with Huawei, which was sold in the fourth quarter of fiscal 2012). The forecasted tax rates for both periods presented reflect the benefits of lower-taxed international earnings, domestic manufacturing incentives, and research and development credits (the U.S. federal R&D tax credit expired on December 31, 2011), partially offset by state income taxes. 

 

We are a U.S.-based multinational company subject to tax in the U.S. and multiple international tax jurisdictions. Substantially all of our international earnings were generated by subsidiaries in Ireland and Singapore. Our results of operations would be adversely affected to the extent that our geographical mix of income becomes more weighted toward jurisdictions with higher tax rates and would be favorably affected to the extent the relative geographic mix shifts to lower tax jurisdictions. Any change in our mix of earnings is dependent upon many factors and is therefore difficult to predict. 

 

On December 2, 2009, we received a Revenue Agent’s Report from the IRS for the Veritas 2002 through 2005 tax years assessing additional taxes due. We have contested $80 million of the tax assessed and all penalties. As a result of negotiations with IRS Appeals in the three and six months ended December 30, 2011, we have remeasured our liability for unrecognized tax benefits, resulting in a tax benefit of $52 million. This matter remains outstanding with IRS Appeals and is expected to be concluded in the next 12 months. 

 

The timing of the resolution of income tax examinations is highly uncertain, and the amounts ultimately paid, if any, upon resolution of the issues raised by the taxing authorities may differ materially from the amounts accrued for each year. Although potential resolution of uncertain tax positions involve multiple tax periods and jurisdictions, it is reasonably possible that the gross unrecognized tax benefits related to these audits could decrease (whether by payment, release, or a combination of both) in the next 12 months by between $160 million and $310 million. Depending on the nature of the settlement or expiration of statutes of limitations, we estimate that at least $15 million could affect our income tax provision and therefore benefit the resulting effective tax rate. As of September 28, 2012, we have $184 million on deposit with the IRS pertaining to U.S. tax matters in the Veritas 2002 through 2005 audit cycle as well as the Symantec 2005 through 2008 audit cycle.

 

We continue to monitor the progress of ongoing tax controversies and the impact, if any, of the expiration of the statute of limitations in various taxing jurisdictions.