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Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract] Ìý
INCOME TAXES
NOTE 11 - INCOME TAXES
Income (loss) from continuing operations before income taxes includes the following components:
Year Ended December 31,
(In millions) 2022 2021 2020
United States $ 1,803Ìý $ 3,827Ìý $ (201)
Foreign (7) (24) 8Ìý
Total $ 1,796Ìý $ 3,803Ìý $ (193)
The components of the income tax provision (benefit) on continuing operations consist of the following:
Year Ended December 31,
(In millions) 2022 2021 2020
Current provision (benefit):
United States federal $ 201Ìý $ 14Ìý $ (2)
United States stateÌý& local 131Ìý 55Ìý —Ìý
Foreign 1Ìý —Ìý (1)
333Ìý 69Ìý (3)
Deferred provision (benefit):
United States federal 117Ìý 683Ìý (95)
United States stateÌý& local (22) 31Ìý (11)
ÌýÌýForeign (5) (10) (2)
Total income tax provision (benefit) from continuing operations $ 423Ìý $ 773Ìý $ (111)
Reconciliation of our income tax attributable to continuing operations computed at the U.S. federal statutory rate is as follows:
(In millions) 2022 2021 2020
Tax at U.S. statutory rate $ 377Ìý 21Ìý % $ 799Ìý 21Ìý % $ (41) 21Ìý %
Increase (decrease) due to:
Percentage depletion in excess of cost depletion (49) (3) (99) (3) (42) 22Ìý
State taxes, net 71Ìý 4Ìý 86Ìý 2Ìý (11) 6Ìý
Federal & state provision to return 27Ìý 1Ìý (2) —Ìý —Ìý —Ìý
Other items, net (3) —Ìý (11) —Ìý (17) 8Ìý
Provision for income tax expense (benefit) and effective income tax rate including discrete items $ 423Ìý 23Ìý % $ 773Ìý 20Ìý % $ (111) 57Ìý %
The decrease in income tax expense in 2022, as compared to the prior year, is directly related to the decrease in the pre-tax book income year-over-year.
The increase in income tax expense in 2021 from income tax benefit in 2020 is directly correlated to the increase in pre-tax book income year-over-year.
The components of income taxes for other than continuing operations consisted of the following:
(In millions) 2022 2021 2020
Other comprehensive income (loss):
Pension and OPEB $ (425) $ (206) $ (52)
Derivative financial instruments 26Ìý (21) (1)
Total $ (399) $ (227) $ (53)
Significant components of our deferred tax assets and liabilities are as follows:
(In millions) 2022 2021
Deferred tax assets:
Operating loss and other carryforwards $ 389Ìý $ 379Ìý
Pension and OPEB liabilities 244Ìý 584Ìý
Environmental 96Ìý 58Ìý
Product inventories 54Ìý 28Ìý
State and local 14Ìý 109Ìý
Lease liabilities 62Ìý 65Ìý
Other liabilities 135Ìý 136Ìý
Total deferred tax assets before valuation allowance 994Ìý 1,359Ìý
Deferred tax asset valuation allowance (390) (409)
Net deferred tax assets 604Ìý 950Ìý
Deferred tax liabilities:
Investment in ventures (195) (191)
Lease assets (38) (93)
Property, plant and equipment and mineral rights (827) (641)
Other assets (122) (123)
Total deferred tax liabilities (1,182) (1,048)
Net deferred tax assets (liabilities) $ (578) $ (98)
We had gross domestic (including states) and foreign NOLs of $2,278 million and $1,444 million, respectively, at DecemberÌý31, 2022. We had gross domestic (including states) and foreign NOLs of $2,081 million and $1,407 million, respectively, at DecemberÌý31, 2021. The U.S. federal NOLs will begin to expire in 2034 and state NOLs begin to expire in 2023. The foreign NOLs begin to expire in 2035. We had gross interest expense limitation carryforwards of $77 million and $18 million for the years ended December 31, 2022 and 2021, respectively. This interest expense can be carried forward indefinitely.
The changes in the valuation allowance are presented below:
(In millions) 2022 2021 2020
Balance at beginning of year $ 409Ìý $ 836Ìý $ 441Ìý
Change in valuation allowance:
Included in income tax benefit (19) (82) (3)
Increase (decrease) from acquisitions —Ìý (345) 398Ìý
Balance at end of year $ 390Ìý $ 409Ìý $ 836Ìý
At DecemberÌý31, 2022 and 2021, we have a valuation allowance recorded of $342 million and $339 million, respectively, related to foreign deferred tax assets, and an additional $48 million and $70 million, respectively, against certain state NOLs, which are expected to expire before utilization.
During 2021, we recorded a decrease to the valuation allowance of $345 million related to the election filed with our 2020 federal tax return to waive the pre-acquisition NOLs that are limited under Section 382 of the IRC. An offsetting decrease was recorded in the NOL deferred tax asset in the same period. These amounts related to a portion of the $398 million valuation allowance recorded during 2020 through opening balance sheet adjustments to reflect the portion of federal and state NOLs that are limited under Section 382 of the IRC acquired through the AK Steel Merger.
At DecemberÌý31, 2022 and 2021, we had no cumulative undistributed earnings of foreign subsidiaries included in 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:
(In millions) 2022 2021 2020
Unrecognized tax benefits balance as of JanuaryÌý1 $ 35Ìý $ 107Ìý $ 29Ìý
Increases for tax positions in current year 24Ìý 4Ìý 7Ìý
Decrease due to tax positions in prior year (1) (66) (4)
Lapses in statutes of limitations —Ìý (10) —Ìý
Increases from acquisitions —Ìý —Ìý 75Ìý
Unrecognized tax benefits balance as of DecemberÌý31 $ 58Ìý $ 35Ìý $ 107Ìý
The following table presents the classification of unrecognized tax benefits on the Statements of Consolidated Financial Position:
December 31,
Balance Sheet Location (In millions) 2022 2021
Other current liabilities —Ìý $ 1Ìý
Other non-current liabilities 58Ìý 34Ìý
If the unrecognized tax benefits were recognized, the full $58 million would impact the effective tax rate. Interest and penalties related to unrecognized tax benefits are $3 million for the year ended December 31, 2022. We do not expect that the amount of unrecognized benefits will change significantly within the next 12 months.
Tax years 2016 and forward remain subject to examination for the U.S., and tax years 2018 and forward remain subject to examination for Canada.