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Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.3.1.900
INCOME TAXES
12 Months Ended
Dec. 31, 2015
Income Tax Disclosure [Abstract] Ìý
Income Taxes
NOTE 9 - INCOME TAXES
Income (Loss) from Continuing Operations Before Income Taxes and Equity Loss from Ventures includes the following components:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2015
Ìý
2014
Ìý
2013
United States
Ìý
$
314.2

Ìý
$
(447.5
)
Ìý
$
840.8

Foreign
Ìý
(1.1
)
Ìý
427.8

Ìý
350.1

Ìý
Ìý
$
313.1

Ìý
$
(19.7
)
Ìý
$
1,190.9


The components of the provision (benefit) for income taxes on continuing operations consist of the following:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2015
Ìý
2014
Ìý
2013
Current provision (benefit):
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
United States federal
Ìý
$
8.2

Ìý
$
(125.2
)
Ìý
$
110.4

United States stateÌý& local
Ìý
0.3

Ìý
(0.6
)
Ìý
4.0

Foreign
Ìý
0.9

Ìý
11.7

Ìý
94.8

Ìý
Ìý
9.4

Ìý
(114.1
)
Ìý
209.2

Deferred provision (benefit):
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
United States federal
Ìý
165.8

Ìý
20.4

Ìý
35.0

United States stateÌý& local
Ìý
—

Ìý
(24.9
)
Ìý
3.0

Foreign
Ìý
(5.9
)
Ìý
32.6

Ìý
(9.6
)
Ìý
Ìý
159.9

Ìý
28.1

Ìý
28.4

Total provision on income (loss) from continuing operations
Ìý
$
169.3

Ìý
$
(86.0
)
Ìý
$
237.6


Reconciliation of our income tax attributable to continuing operations computed at the U.S. federal statutory rate is as follows:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2015
Ìý
2014
Ìý
2013
Tax at U.S. statutory rate of 35 percent
Ìý
$
109.6

Ìý
35.0
Ìý%
Ìý
$
(6.9
)
Ìý
35.0
Ìý%
Ìý
$
416.8

Ìý
35.0
Ìý%
Increase (decrease) due to:
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Non-taxable income related to noncontrolling interests
Ìý
(3.0
)
Ìý
(1.0
)
Ìý
(9.4
)
Ìý
47.7

Ìý
(5.4
)
Ìý
(0.5
)
Impact of tax law change
Ìý
—

Ìý
—

Ìý
13.0

Ìý
(66.0
)
Ìý
—

Ìý
—

Percentage depletion in excess of cost depletion
Ìý
(34.9
)
Ìý
(11.1
)
Ìý
(87.9
)
Ìý
446.2

Ìý
(97.6
)
Ìý
(8.2
)
Impact of foreign operations
Ìý
(53.9
)
Ìý
(17.2
)
Ìý
51.4

Ìý
(260.9
)
Ìý
(48.7
)
Ìý
(4.1
)
Income not subject to tax
Ìý
—

Ìý
—

Ìý
(27.7
)
Ìý
140.6

Ìý
(84.7
)
Ìý
(7.1
)
Goodwill impairment
Ìý
—

Ìý
—

Ìý
22.7

Ìý
(115.2
)
Ìý
—

Ìý
—

State taxes, net
Ìý
0.2

Ìý
0.1

Ìý
(25.4
)
Ìý
128.9

Ìý
5.6

Ìý
0.5

Settlement of financial guaranty
Ìý
—

Ìý
—

Ìý
(347.1
)
Ìý
1,761.9

Ìý
—

Ìý
—

Valuation allowance - current year
Ìý
(104.6
)
Ìý
(33.4
)
Ìý
318.3

Ìý
(1,615.7
)
Ìý
53.2

Ìý
4.5

Valuation allowance on tax benefits - prior
Ìý
165.8

Ìý
52.9

Ìý
15.2

Ìý
(77.2
)
Ìý
—

Ìý
—

Tax uncertainties
Ìý
84.1

Ìý
26.9

Ìý
—

Ìý
—

Ìý
12.5

Ìý
1.1

Prior year adjustment in current year
Ìý
5.9

Ìý
1.9

Ìý
(6.3
)
Ìý
32.1

Ìý
4.9

Ìý
0.4

Other items — net
Ìý
0.1

Ìý
—

Ìý
4.1

Ìý
(20.9
)
Ìý
(19.0
)
Ìý
(1.6
)
Income tax (benefit) expense
Ìý
$
169.3

Ìý
54.1
Ìý%
Ìý
$
(86.0
)
Ìý
436.5
Ìý%
Ìý
$
237.6

Ìý
20.0
Ìý%

The components of income taxes for other than continuing operations consisted of the following:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2015
Ìý
2014
Ìý
2013
Other comprehensive (income) loss:
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Pension/OPEB liability
Ìý
$
—

Ìý
$
37.1

Ìý
$
83.2

Mark-to-market adjustments
Ìý
0.3

Ìý
3.6

Ìý
1.8

Other
Ìý
5.9

Ìý
0.2

Ìý
(9.8
)
Total
Ìý
$
6.2

Ìý
$
40.9

Ìý
$
75.2

Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Paid in capital — stock based compensation
Ìý
$
—

Ìý
$
(4.8
)
Ìý
$
3.5

Discontinued Operations
Ìý
$
(6.0
)
Ìý
$
(1,216.0
)
Ìý
$
(184.5
)

Significant components of our deferred tax assets and liabilities as of DecemberÌý31, 2015 and 2014 are as follows:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2015
Ìý
2014
Deferred tax assets:
Ìý
Ìý
Ìý
Ìý
Pensions
Ìý
$
106.6

Ìý
$
99.5

Postretirement benefits other than pensions
Ìý
36.5

Ìý
50.4

Alternative minimum tax credit carryforwards
Ìý
218.7

Ìý
219.1

Investments in ventures
Ìý
4.9

Ìý
—

Asset retirement obligations
Ìý
5.3

Ìý
29.4

Operating loss carryforwards
Ìý
2,791.6

Ìý
679.0

Product inventories
Ìý
57.2

Ìý
25.6

Property, plant and equipment and mineral rights
Ìý
189.8

Ìý
337.8

State and local
Ìý
59.9

Ìý
41.9

Lease liabilities
Ìý
18.3

Ìý
14.1

Other liabilities
Ìý
148.9

Ìý
95.6

Total deferred tax assets before valuation allowance
Ìý
3,637.7

Ìý
1,592.4

Deferred tax asset valuation allowance
Ìý
(3,372.5
)
Ìý
(1,152.3
)
Net deferred tax assets
Ìý
265.2

Ìý
440.1

Deferred tax liabilities:
Ìý

Ìý

Property, plant and equipment and mineral rights
Ìý
(35.5
)
Ìý
—

Investment in ventures
Ìý
(206.6
)
Ìý
(198.0
)
Intangible assets
Ìý
(1.5
)
Ìý
(7.3
)
Product inventories
Ìý
(2.5
)
Ìý
(3.1
)
Other assets
Ìý
(19.1
)
Ìý
(65.9
)
Total deferred tax liabilities
Ìý
(265.2
)
Ìý
(274.3
)
Net deferred tax assets (liabilities)
Ìý
$
—

Ìý
$
165.8


Following is a summary of the deferred tax amounts as reported in the Statements of Consolidated Financial Position:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2015
Ìý
2014
Deferred tax assets:
Ìý
Ìý
Ìý
Ìý
United States
Ìý
$
—

Ìý
$
165.8

Foreign
Ìý
—

Ìý
9.7

Total deferred tax assets
Ìý
—

Ìý
175.5

Deferred tax liabilities:
Ìý
Ìý
Ìý
Ìý
United States
Ìý
—

Ìý
—

Foreign
Ìý
—

Ìý
9.7

Total deferred tax liabilities
Ìý
—

Ìý
9.7

Net deferred tax assets (liabilities)
Ìý
$
—

Ìý
$
165.8


At DecemberÌý31, 2015 and 2014, we had $218.7 million and $219.1 million, respectively, of gross deferred tax assets related to U.S. alternative minimum tax credits that can be carried forward indefinitely.
We had gross domestic (including states) and foreign net operating loss carryforwards, inclusive of discontinued operations, of $3.9 billion, and $11.1 billion, respectively, at DecemberÌý31, 2015. We had gross domestic and foreign net operating loss carryforwards at DecemberÌý31, 2014 of $1.9 billion and $4.5 billion, respectively. The U.S. Federal net operating losses will begin to expire in 2035 and state net operating losses will begin to expire in 2019. The foreign net operating losses will begin to expire in 2022. We had foreign tax credit carryforwards of $5.8 million at DecemberÌý31, 2015 and $5.8 million at DecemberÌý31, 2014. The foreign tax credit carryforwards will begin to expire in 2020. Additionally, there is a net operating loss carryforward, inclusive of discontinued operations, of $1.6 billion for Alternative Minimum Tax. No benefit has been recorded in the financials for this attribute as ASC 740, Income Taxes, does not allow for the recording of deferred taxes under alternative taxing systems.
We recorded a $2.2 billion net increase in the valuation allowance of certain deferred tax assets where management believes that realization of the related deferred tax assets is not more likely than not. Of this amount, a $165.8 million increase was recorded through continuing operations and relates to domestic deferred tax assets recorded in prior years for which future utilization is currently uncertain. A $111.5 million decrease, also recorded through continuing operations, relates to the reversal of deferred tax assets due to current year operating activities. The remainder of the $2.2 billion increase relates primarily to foreign deferred tax assets that were generated through discontinued operations in which it is more likely than not that the assets will not be realized.
At DecemberÌý31, 2015 and 2014, we had no cumulative undistributed earnings of foreign subsidiaries included in consolidated retained earnings. Accordingly, no provision has been made for U.S. deferred taxes related to future repatriation of earnings.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
Ìý
Ìý
Ìý
(In Millions)
Ìý
Ìý
2015
Ìý
2014
Ìý
2013
Unrecognized tax benefits balance as of JanuaryÌý1
Ìý
$
72.6

Ìý
$
71.8

Ìý
$
53.5

Increases for tax positions in prior years
Ìý
6.7

Ìý
—

Ìý
13.0

Increases for tax positions in current year
Ìý
78.5

Ìý
5.9

Ìý
5.3

Increase due to foreign exchange
Ìý
—

Ìý
(0.2
)
Ìý
—

Settlements
Ìý
(1.1
)
Ìý
—

Ìý
—

Lapses in statutes of limitations
Ìý
(0.5
)
Ìý
(3.7
)
Ìý
—

Other
Ìý
—

Ìý
(1.2
)
Ìý
—

Unrecognized tax benefits balance as of DecemberÌý31
Ìý
$
156.2

Ìý
$
72.6

Ìý
$
71.8


At DecemberÌý31, 2015 and 2014, we had $156.2 million and $72.6 million, respectively, of unrecognized tax benefits recorded. Of this amount, $21.5 million and $23.2 million were recorded in Other liabilities and $134.7 million and $49.4 million were recorded as Other non-current assets in the Statements of Consolidated Financial Position for both years. If the $156.2 million were recognized, only $21.5 million would impact the effective tax rate. We do not expect that the amount of unrecognized tax benefits will change significantly within the next twelve months. At DecemberÌý31, 2015 and 2014, we had $2.1 million and $1.6 million, respectively, of accrued interest and penalties related to the unrecognized tax benefits recorded in Other liabilities in the Statements of Consolidated Financial Position.
On July 18, 2013, the FASB issued Accounting Standards Update No. 2013-11. Presentation of an Unrecognized Tax Benefit When a Net Operating Loss Carryforward, a Similar Tax Loss, or a Tax Credit Carryforward Exists (ASU 2013-11). ASU 2013-11 requires the netting of unrecognized tax benefits against a deferred tax asset for a loss or other carryforward that would apply in settlement of the uncertain tax positions except where the deferred tax asset or other carryforward are not available for use. The adoption of the pronouncement does not have an impact in the presentation of our financial statement.
Tax years that remain subject to examination are years 2010 and forward for the U.S. and 2011 and forward for Australia.