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Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v2.4.0.8
INCOME TAXES
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract] Ìý
Income Taxes
NOTE 15 - INCOME TAXES
Income (Loss) from Continuing Operations Before Income Taxes and Equity Income (Loss) from Ventures includes the following components:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2013
Ìý
2012
Ìý
2011
United States
Ìý
$
837.7

Ìý
$
838.6

Ìý
$
1,506.5

Foreign
Ìý
(348.4
)
Ìý
(1,340.4
)
Ìý
684.0

Ìý
Ìý
$
489.3

Ìý
$
(501.8
)
Ìý
$
2,190.5


The components of the provision (benefit) for income taxes on continuing operations consist of the following:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2013
Ìý
2012
Ìý
2011
Current provision (benefit):
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
United States federal
Ìý
$
101.3

Ìý
$
71.1

Ìý
$
246.8

United States stateÌý& local
Ìý
4.0

Ìý
7.6

Ìý
2.8

Foreign
Ìý
87.9

Ìý
50.2

Ìý
224.7

Ìý
Ìý
193.2

Ìý
128.9

Ìý
474.3

Deferred provision (benefit):
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
United States federal
Ìý
23.3

Ìý
221.2

Ìý
23.8

United States stateÌý& local
Ìý
3.0

Ìý
1.4

Ìý
4.7

Foreign
Ìý
(164.4
)
Ìý
(95.6
)
Ìý
(95.1
)
Ìý
Ìý
(138.1
)
Ìý
127.0

Ìý
(66.6
)
Total provision on income (loss) from continuing
ÌýÌýÌýÌýoperations
Ìý
$
55.1

Ìý
$
255.9

Ìý
$
407.7


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
2013
Ìý
2012
Ìý
2011
Tax at U.S. statutory rate of 35 percent
Ìý
$
171.3

Ìý
35.0
Ìý%
Ìý
$
(175.6
)
Ìý
35.0
Ìý%
Ìý
$
766.7

Ìý
35.0
Ìý%
Increase (decrease) due to:
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Foreign exchange remeasurement
Ìý
(2.6
)
Ìý
(0.5
)
Ìý
62.3

Ìý
(12.4
)
Ìý
(62.6
)
Ìý
(2.9
)
Non-taxable income related to noncontrolling interests
Ìý
(1.5
)
Ìý
(0.3
)
Ìý
61.0

Ìý
(12.0
)
Ìý
(63.6
)
Ìý
(2.9
)
Impact of tax law change
Ìý
—

Ìý
—

Ìý
(357.1
)
Ìý
71.2

Ìý
—

Ìý
—

Percentage depletion in excess of cost depletion
Ìý
(97.6
)
Ìý
(19.9
)
Ìý
(109.1
)
Ìý
21.7

Ìý
(153.4
)
Ìý
(7.0
)
Impact of foreign operations
Ìý
(10.2
)
Ìý
(2.1
)
Ìý
65.2

Ìý
(13.0
)
Ìý
(44.0
)
Ìý
(2.0
)
Income not subject to tax
Ìý
(106.6
)
Ìý
(21.8
)
Ìý
(108.0
)
Ìý
21.5

Ìý
(67.5
)
Ìý
(3.1
)
Goodwill impairment
Ìý
20.5

Ìý
4.2

Ìý
202.2

Ìý
(40.3
)
Ìý
—

Ìý
—

Non-taxable hedging income
Ìý
—

Ìý
—

Ìý
—

Ìý
—

Ìý
(32.4
)
Ìý
(1.5
)
State taxes, net
Ìý
5.6

Ìý
1.1

Ìý
7.3

Ìý
(1.5
)
Ìý
7.5

Ìý
0.3

Manufacturer’s deduction
Ìý
(7.9
)
Ìý
(1.6
)
Ìý
(4.7
)
Ìý
0.9

Ìý
(11.9
)
Ìý
(0.5
)
Valuation allowance
Ìý
73.0

Ìý
14.9

Ìý
634.5

Ìý
(126.5
)
Ìý
49.5

Ìý
2.3

Tax uncertainties
Ìý
19.6

Ìý
5.3

Ìý
(14.8
)
Ìý
2.9

Ìý
17.7

Ìý
0.8

Prior year adjustment in current year
Ìý
(11.4
)
Ìý
(3.6
)
Ìý
(5.7
)
Ìý
1.1

Ìý
(18.0
)
Ìý
(0.8
)
Other items — net
Ìý
2.9

Ìý
0.6

Ìý
(1.6
)
Ìý
0.4

Ìý
19.7

Ìý
0.9

Income tax expense
Ìý
$
55.1

Ìý
11.3
Ìý%
Ìý
$
255.9

Ìý
(51.0
)%
Ìý
$
407.7

Ìý
18.6
Ìý%

The components of income taxes for other than continuing operations consisted of the following:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2013
Ìý
2012
Ìý
2011
Other comprehensive (income) loss:
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Pension/OPEB liability
Ìý
$
100.0

Ìý
$
13.8

Ìý
$
(60.2
)
Mark-to-market adjustments
Ìý
2.0

Ìý
1.7

Ìý
(17.7
)
Other
Ìý
(12.4
)
Ìý
2.6

Ìý
—

Total
Ìý
$
89.6

Ìý
$
18.1

Ìý
$
(77.9
)
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Ìý
Paid in capital — acquisition of noncontrolling interest
Ìý
$
102.1

Ìý
$
—

Ìý
$
—

Paid in capital — stock based compensation
Ìý
$
3.5

Ìý
$
(12.8
)
Ìý
$
(4.6
)
Discontinued Operations
Ìý
$
(2.0
)
Ìý
$
10.4

Ìý
$
3.2


Significant components of our deferred tax assets and liabilities as of DecemberÌý31, 2013 and 2012 are as follows:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2013
Ìý
2012
Deferred tax assets:
Ìý
Ìý
Ìý
Ìý
Pensions
Ìý
$
88.4

Ìý
$
161.2

MRRT starting base allowance
Ìý
300.3

Ìý
357.1

Postretirement benefits other than pensions
Ìý
58.0

Ìý
87.7

Alternative minimum tax credit carryforwards
Ìý
299.2

Ìý
274.9

Investment in ventures
Ìý
—

Ìý
14.1

Asset retirement obligations
Ìý
61.7

Ìý
48.2

Operating loss carryforwards
Ìý
524.4

Ìý
396.4

Product inventories
Ìý
16.4

Ìý
45.4

Property, plant and equipment and mineral rights
Ìý
56.0

Ìý
49.2

Lease liabilities
Ìý
31.9

Ìý
31.0

Other liabilities
Ìý
138.3

Ìý
140.9

Total deferred tax assets before valuation allowance
Ìý
1,574.6

Ìý
1,606.1

Deferred tax asset valuation allowance
Ìý
864.1

Ìý
858.4

Net deferred tax assets
Ìý
710.5

Ìý
747.7

Deferred tax liabilities:
Ìý

Ìý

Property, plant and equipment and mineral rights
Ìý
1,400.8

Ìý
1,350.5

Investment in ventures
Ìý
196.4

Ìý
207.6

Intangible assets
Ìý
33.5

Ìý
24.6

Income tax uncertainties
Ìý
48.5

Ìý
48.5

Financial derivatives
Ìý
—

Ìý
1.6

Product inventories
Ìý
12.8

Ìý
19.6

Other assets
Ìý
93.0

Ìý
101.9

Total deferred tax liabilities
Ìý
1,785.0

Ìý
1,754.3

Net deferred tax (liabilities) assets
Ìý
$
(1,074.5
)
Ìý
$
(1,006.6
)

The deferred tax amounts are classified in the Statements of Consolidated Financial Position as current or long-term consistently with the underlying asset or liability that generates the basis difference between financial reporting and tax. Following is a summary:
Ìý
Ìý
(In Millions)
Ìý
Ìý
2013
Ìý
2012
Deferred tax assets:
Ìý
Ìý
Ìý
Ìý
United States
Ìý
$
7.2

Ìý
$
5.2

Foreign
Ìý
Ìý
Ìý
Ìý
Current
Ìý
29.4

Ìý
3.8

Long-term
Ìý
41.5

Ìý
151.5

Total deferred tax assets
Ìý
78.1

Ìý
160.5

Deferred tax liabilities:
Ìý
Ìý
Ìý
Ìý
United States
Ìý
175.3

Ìý
58.4

Foreign
Ìý
Ìý
Ìý
Ìý
Current
Ìý
6.1

Ìý
—

Long-term
Ìý
971.2

Ìý
1,108.7

Total deferred tax liabilities
Ìý
1,152.6

Ìý
1,167.1

Net deferred tax (liabilities)
Ìý
$
(1,074.5
)
Ìý
$
(1,006.6
)

At DecemberÌý31, 2013 and 2012, we had $299.2 million and $274.9 million, respectively, of gross deferred tax assets related to U.S. alternative minimum tax credits that can be carried forward indefinitely.
We had gross state and foreign net operating loss carryforwards of $157.9 million, and $3.5 billion, respectively, at DecemberÌý31, 2013. We had gross state and foreign net operating loss carryforwards at DecemberÌý31, 2012 of, $185.0 million and $2.1 billion, respectively. State net operating losses will begin to expire in 2022, and the foreign net operating losses will begin to expire in 2015. We had foreign tax credit carryforwards of $5.8 million at DecemberÌý31, 2013 and DecemberÌý31, 2012. The foreign tax credit carryforwards will begin to expire in 2020.
We recorded a $102.1 million net increase to the deferred tax liabilities related to the acquisition of noncontrolling interest in Bloom Lake.
We recorded a $5.7 million 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 $40.9 million increase relates to ordinary losses of certain foreign and state operations for which future utilization is currently uncertain, a $6.9 million increase relates to certain foreign assets where tax basis exceeds book basis, a $13.5 million decrease relates to the reversal of our valuation allowance on MRRT tax credits which are expected to be realized based on future projected taxable income, and a $24.4 million increase relates to management's conclusion that it was more likely than not that the deferred tax asset related to the Alternative Minimum Tax credit would not be utilized. The Australian valuation allowance decreased by $65.5 million as a result of the change in foreign exchange rates. A $14.5 million increase relates to Canadian deferred tax assets that management has determined it is more likely than not that the assets will not be realized.
At DecemberÌý31, 2013 and 2012, cumulative undistributed earnings of foreign subsidiaries included in consolidated retained earnings amounted to $1.2 billion and $0.8 billion, respectively. These earnings are indefinitely reinvested in international operations. Accordingly, no provision has been made for U.S. deferred taxes related to future repatriation of these earnings, nor is it practical to estimate the amount of income taxes that would have to be provided if we were to conclude that such earnings will be remitted in the foreseeable future.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
Ìý
Ìý
Ìý
(In Millions)
Ìý
Ìý
2013
Ìý
2012
Ìý
2011
Unrecognized tax benefits balance as of JanuaryÌý1
Ìý
$
55.5

Ìý
$
102.1

Ìý
$
79.8

Increases for tax positions in prior years
Ìý
13.6

Ìý
2.7

Ìý
42.1

Increases for tax positions in current year
Ìý
5.3

Ìý
11.1

Ìý
29.5

Increase due to foreign exchange
Ìý
—

Ìý
—

Ìý
—

Settlements
Ìý
—

Ìý
(60.4
)
Ìý
(3.5
)
Lapses in statutes of limitations
Ìý
—

Ìý
—

Ìý
(45.8
)
Other
Ìý
—

Ìý
—

Ìý
—

Unrecognized tax benefits balance as of DecemberÌý31
Ìý
$
74.4

Ìý
$
55.5

Ìý
$
102.1


At DecemberÌý31, 2013 and 2012, we had $74.4 million and $55.5 million, respectively, of unrecognized tax benefits recorded. Of this amount, $25.9 million and $7.0 million were recorded in Other liabilities and $48.5 million was recorded as Other non-current assets in the Statements of Consolidated Financial Position for both years. If the $74.4 million were recognized, the full amount 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, 2013 and 2012, we had $1.2 million and $0.8 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 2009 and forward for the U.S., 2006 and forward for Canada, and 2007 and forward for Australia.