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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
We recognize the current and deferred tax consequences of all transactions that have been recognized in the consolidated financial statements using the provisions of enacted tax laws. Deferred tax assets and liabilities are determined based on differences between the financial reporting and tax basis of assets and liabilities, and are measured using the enacted tax rates and laws that are expected to apply to taxable income in the years in which the differences are expected to be settled or realized. Valuation allowances are recorded to reduce deferred tax assets to an amount that is more likely than not to be realized.
The following table presents significant components of the provision for income taxes attributable to continuing operations:
Table 16.1: Significant Components of the Provision for Income Taxes Attributable to Continuing Operations
 
 
Year Ended December 31,
(Dollars in millions)
 
2016
 
2015
 
2014
Current income tax provision:
 
 
 
 
 
 
Federal taxes
 
$
2,087

 
$
1,991

 
$
1,934

State taxes
 
209

 
207

 
197

International taxes
 
104

 
73

 
91

Total current provision
 
$
2,400

 
$
2,271

 
$
2,222

Deferred income tax provision (benefit):
 
 
 
 
 
 
Federal taxes
 
$
(621
)
 
$
(368
)
 
$
(125
)
State taxes
 
(63
)
 
(39
)
 
22

International taxes
 
(2
)
 
5

 
27

Total deferred provision (benefit)
 
$
(686
)
 
$
(402
)
 
$
(76
)
Total income tax provision
 
$
1,714

 
$
1,869

 
$
2,146


The international income tax provision related to pre-tax earnings from foreign operations totaled approximately $287 million, $288 million and $466 million in 2016, 2015 and 2014, respectively.
The following table presents the income tax provision (benefit) reported in stockholders’ equity:
Table 16.2: Income Tax Provision (Benefit) Reported in Stockholders’ Equity
 
 
Year Ended December 31,
(Dollars in millions)
 
2016
 
2015
 
2014
Income tax provision recorded in AOCI(1)
 
$
24

 
$
19

 
$
374

Income tax provision (benefit) recorded in additional paid in capital
 
33

 
(7
)
 
16

Foreign currency translation (gains) losses
 
(5
)
 
23

 
6

Total income tax provision recorded in stockholders’ equity
 
$
52

 
$
35

 
$
396

__________
(1) 
Income tax provision (benefit) recorded in AOCI includes the impact from hedging instruments designated as net investment hedges.
The following table presents the reconciliation of the U.S. federal statutory income tax rate to the Company’s effective income tax rate applicable to income from continuing operations for the years ended December 31, 2016, 2015 and 2014:
Table 16.3: Effective Income Tax Rate
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
Income tax at U.S. federal statutory tax rate
 
35.0%

 
35.0%

 
35.0%

State taxes, net of federal benefit
 
1.9

 
1.9

 
1.8

Low-income housing, new markets and other tax credits
 
(4.9
)
 
(4.0
)
 
(3.0
)
Other foreign tax differences, net
 
0.3

 
(0.2
)
 
(0.6
)
Other, net
 
(1.0
)
 
(0.9
)
 
(0.5
)
Effective income tax rate
 
31.3%

 
31.8%

 
32.7%


The following table presents significant components of the Company’s deferred tax assets and liabilities at December 31, 2016 and 2015:
Table 16.4: Significant Components of Deferred Tax Assets and Liabilities
(Dollars in millions)
 
December 31, 2016
 
December 31, 2015
Deferred tax assets:
 
 
 
 
Allowance for loan and lease losses
 
$
2,350

 
$
1,853

Rewards programs
 
1,348

 
1,192

Security and loan valuations
 
869

 
912

Goodwill and intangibles
 
294

 
245

Compensation and employee benefits
 
276

 
303

Representation and warranty reserve
 
234

 
226

Net operating loss and tax credit carryforwards
 
188

 
176

Unearned income
 
186

 
143

Net unrealized losses on derivatives
 
35

 
0

Other assets
 
270

 
329

Subtotal
 
6,050

 
5,379

Valuation allowance
 
(179
)
 
(166
)
Total deferred tax assets
 
5,871

 
5,213

Deferred tax liabilities:
 
 
 
 
Original issue discount
 
1,012

 
940

Fixed assets and leases
 
221

 
242

Net unrealized gains on derivatives
 
0

 
46

Other liabilities
 
328

 
323

Total deferred tax liabilities
 
1,561

 
1,551

Net deferred tax assets
 
$
4,310

 
$
3,662


As of December 31, 2016, we have federal net operating loss carryforwards and losses of $19 million attributable to prior acquisitions that expire from 2018 to 2036. Under IRS rules, the Company’s ability to utilize these losses against future income is limited. We have state operating loss carryforwards with a net tax value of $182 million that expire from 2017 to 2036.
The valuation allowance increased by $13 million to $179 million as of December 31, 2016 in order to adjust the tax benefit of certain state deferred tax assets and net operating loss carryforwards to the amount we have determined is more likely than not to be realized. We recognize accrued interest and penalties related to income taxes as a component of income tax expense. We recognized a $5 million benefit for net interest and penalties for 2016 and a $3 million benefit for both 2015 and 2014.
The following table presents the accrued balance of tax, interest and penalties related to unrecognized tax benefits:
Table 16.5: Reconciliation of the Change in Unrecognized Tax Benefits
(Dollars in millions)
 
Gross
Unrecognized
Tax Benefits
 
Accrued
Interest and
Penalties
 
Gross Tax,
Interest and
Penalties
Balance as of January 1, 2014
 
$
114

 
$
39

 
$
153

Additions for tax positions related to prior years
 
9

 
2

 
11

Reductions for tax positions related to prior years due to IRS and other settlements
 
(16
)
 
(5
)
 
(21
)
Balance as of December 31, 2014
 
$
107

 
$
36

 
$
143

Additions for tax positions related to prior years
 
38

 
8

 
46

Reductions for tax positions related to prior years due to IRS and other settlements
 
(15
)
 
(11
)
 
(26
)
Balance as of December 31, 2015
 
$
130

 
$
33

 
$
163

Additions for tax positions related to prior years
 
0

 
6

 
6

Reductions for tax positions related to prior years due to IRS and other settlements
 
(45
)
 
(15
)
 
(60
)
Balance as of December 31, 2016
 
$
85

 
$
24

 
$
109

Portion of balance at December 31, 2016 that, if recognized, would impact the effective income tax rate
 
$
55

 
$
16

 
$
71


We are subject to examination by the IRS and other tax authorities in certain countries and states in which we operate. The tax years subject to examination vary by jurisdiction. During 2016, the IRS completed its examination of the Company’s federal income tax returns for the tax years 2012 and 2013.
The Company entered into the IRS Compliance Assurance Process (“CAP”) for the Company’s 2014 federal income tax return. The Company’s 2015 and 2016 tax years were under CAP examination in 2016. For the 2015 tax year, the CAP examination process was substantially completed in 2016 prior to the filing of the Company’s 2015 federal income tax return. A single issue remains under examination for both 2014 and 2015, which the Company does not anticipate will impact its unrecognized tax benefits. The Company continued in the CAP examination process for the 2016 tax year during 2016, with a similar expectation that the IRS examination will be substantially completed prior to the filing of its 2016 federal income tax return in 2017. The Company has also been accepted into CAP for 2017. It is reasonably possible that further adjustments to the Company’s unrecognized tax benefits may be made within twelve months of the reporting date as a result of the above-referenced pending matters. At this time, an estimate of the potential change to the amount of unrecognized tax benefits cannot be made.
As of December 31, 2016, U.S. income taxes and foreign withholding taxes have not been provided on approximately $1.3 billion of unremitted earnings of subsidiaries operating outside the U.S., in accordance with the guidance for accounting for income taxes in special areas. These earnings are considered by management to be invested indefinitely. Upon repatriation of these earnings, we could be subject to both U.S. income taxes (subject to possible adjustment for foreign tax credits) and withholding taxes payable to various foreign countries. Determination of the amount of unrecognized deferred U.S. income tax liability and foreign withholding tax on these unremitted earnings is not practicable at this time because such liability is dependent upon circumstances existing if and when remittance occurs.
As of December 31, 2016, U.S. income taxes of approximately $107 million have not been provided for approximately $287 million of previously acquired thrift bad debt reserves created for tax purposes as of December 31, 1987. These amounts, acquired as a result of the acquisitions of North Fork Bancorporation, Inc. (“North Fork”) and Chevy Chase Bank, F.S.B. (“CCB”), are subject to recapture in the unlikely event that CONA, as successor to North Fork and CCB, makes distributions in excess of earnings and profits, redeems its stock, or liquidates.