Intel Corporation Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes

12 Months Ended

Dec. 29, 2018



NOTE 9 :	INCOME TAXES

The Tax Reform enacted in December 2017 reduced the U.S. federal corporate tax rate from 35.0% to 21.0% starting in 2018, assessed a one-time transition tax on earnings of non-U.S. subsidiaries that have not been taxed previously in the U.S., and created new taxes on certain future foreign sourced earnings. We recorded a provisional income tax expense of $5.4 billion, net within our 2017 results related to Tax Reform. We completed our accounting for Tax Reform in the fourth quarter of 2018. Our final tax charge for Tax Reform was $5.1 billion, net and was made up of the recognition of the transition tax imposed on undistributed earnings from non-U.S. subsidiaries and remeasurement of deferred income taxes using the newly enacted statutory tax rate of 21.0%.

INCOME TAX PROVISION

Income before taxes and the provision for taxes consisted of the following:



Years Ended (In Millions)	Dec 29, 2018			Dec 30, 2017			Dec 31, 2016
Income before taxes:
U.S.	$	14,753		$	11,141		$	6,957
Non-U.S.	8,564			9,211			5,979
Total income before taxes	23,317			20,352			12,936
Provision for taxes:
Current:
Federal	2,786			8,307			1,319
State	(11		)	27			13
Non-U.S.	1,097			899			756
Total current provision for taxes	3,872			9,233			2,088
Deferred:
Federal	(1,389		)	1,680			658
Other	(219		)	(162		)	(126		)
Total deferred provision for taxes	(1,608		)	1,518			532
Total provision for taxes	$	2,264		$	10,751		$	2,620
Effective tax rate	9.7		%	52.8		%	20.3		%

The difference between the tax provision at the statutory federal income tax rate and the tax provision as a percentage of income before income taxes (effective tax rate) for each period was as follows:



Years Ended	Dec 29, 2018		Dec 30, 2017		Dec 31, 2016
Statutory federal income tax rate	21.0	%	35.0	%	35.0	%
Increase (reduction) in rate resulting from:
Non-U.S. income taxed at different rates	(3.6	)	(7.6	)	(11.7	)
Research and development tax credits	(2.7	)	(2.3	)	(2.3	)
Domestic manufacturing deduction benefit	—		(1.3	)	(1.4	)
Foreign derived intangible income benefit	(3.7	)	—		—
Tax Reform	(1.3	)	26.8		—
ISecG divestiture	—		3.3		—
Other	(0.1	)	(1.1	)	0.7
Effective tax rate	9.7	%	52.8	%	20.3	%

The majority of the decrease in our effective tax rate in 2018 compared to 2017 was driven by non-recurring impacts in 2017 from Tax Reform and the ISecG divestiture. The reduction of the U.S. statutory rate combined with the net impact of the enactment or repeal of specific tax law provisions through Tax Reform drove the remaining decrease in our effective tax rate in 2018.

Substantially all of the increase in our effective tax rate in 2017 compared to 2016 was driven by the one-time impacts from Tax Reform enacted on December 22, 2017, the 2017 ISecG divestiture, and a higher proportion of our income in higher tax rate jurisdictions.

We derive the effective tax rate benefit attributed to non-U.S. income taxed at different rates primarily from our operations in China, Hong Kong, Ireland, and Israel. The statutory tax rates in these jurisdictions range from 12.5% to 25.0%. In addition, we are subject to reduced tax rates in China and Israel as long as we conduct certain eligible activities and make certain capital investments. These conditional reduced tax rates expire at various dates through 2026 and we expect to apply for renewals upon expiration.

DEFERRED AND CURRENT INCOME TAXES

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts for income tax purposes. Significant components of our deferred tax assets and liabilities at the end of each period were as follows:



(In Millions)	Dec 29, 2018			Dec 30, 2017
Deferred tax assets:
Accrued compensation and other benefits	$	570		$	711
Share-based compensation	273			241
Deferred income	—			211
Inventory	517			675
State credits and net operating losses	1,297			1,081
Other, net	512			887
Gross deferred tax assets	3,169			3,806
Valuation allowance	(1,302		)	(1,171		)
Total deferred tax assets	1,867			2,635
Deferred tax liabilities:
Property, plant and equipment	(878		)	(943		)
Licenses and intangibles	(744		)	(881		)
Convertible debt	(204		)	(374		)
Unrealized gains on investments and derivatives	(266		)	(421		)
Transition tax	—			(1,850		)
Other, net	(318		)	(373		)
Total deferred tax liabilities	(2,410		)	(4,842		)
Net deferred tax assets (liabilities)	$	(543	)	$	(2,207	)

Reported as:
Deferred tax assets	1,122			840
Deferred tax liabilities	(1,665		)	(3,046		)
Net deferred tax assets (liabilities)	$	(543	)	$	(2,207	)

Deferred tax assets are included within other long-term assets on the consolidated balance sheets.

The valuation allowance as of December 29, 2018 included allowances primarily related to unrealized state credit carryforwards of $1.3 billion.

As of December 29, 2018, our federal and non-U.S. net operating loss carryforwards for income tax purposes were $246 million and $414 million, respectively. Most of the non-U.S. net operating loss carryforwards have no expiration date. The remaining non-U.S. and U.S. federal and state net operating loss carryforwards expire at various dates through 2039. A significant amount of the net operating loss carryforwards in the U.S. relates to acquisitions and, as a result, is limited in the amount that can be recognized in any one year. The non-U.S. net operating loss carryforwards include $39 million that is not likely to be recovered and has been reduced by a valuation allowance.

At December 29, 2018, we have undistributed earnings of certain foreign subsidiaries of approximately $18.0 billion that we have indefinitely invested, and on which we have not recognized deferred taxes. Estimating the amount of potential tax is not practicable because of the complexity and variety of assumptions necessary to compute the tax.

Current income taxes receivable of $162 million as of December 29, 2018 ($71 million as of December 30, 2017) are included in other current assets. Current income taxes payable of $366 million as of December 29, 2018 ($1.4 billion as of December 30, 2017) are included in other accrued liabilities.

Long-term income taxes payable of $4.9 billion as of December 29, 2018 ($4.1 billion as of December 30, 2017) includes uncertain tax positions, reduced by the associated federal deduction for state taxes and non-U.S. tax credits. Long-term income taxes payable may also include other long-term tax liabilities that are not uncertain but have not yet been paid, including the substantial majority of the transition tax from the Tax Reform, which is payable over eight years beginning in 2018.

UNCERTAIN TAX POSITIONS

Unrecognized tax benefits were $283 million as of December 29, 2018 ($211 million as of December 30, 2017 and $154 million as of December 31, 2016). If the remaining balance of unrecognized tax benefits were recognized in a future period, it would result in a tax benefit of $178 million as of December 29, 2018 ($139 million as of December 30, 2017) and a reduction in the effective tax rate. The tax benefit for settlements, effective settlements, and remeasurements was insignificant in all periods presented. Interest, penalties, and accrued interest related to unrecognized tax benefits were insignificant in the periods presented.

We comply with the laws, regulations, and filing requirements of all jurisdictions in which we conduct business. We regularly engage in discussions and negotiations with tax authorities regarding tax matters in various jurisdictions. Although the timing of the resolutions and/or closures of audits is highly uncertain, it is reasonably possible that certain U.S. federal and non-U.S. tax audits may be concluded within the next 12 months, which could increase or decrease the balance of our gross unrecognized tax benefits.

We file federal, state, and non-U.S. tax returns. For U.S. federal and non-U.S. tax returns, we are generally no longer subject to tax examinations for years prior to 2004. For U.S. state tax returns, we are no longer subject to tax examination for years prior to 2010. We have filed petitions before the U.S. Tax Court relating to the treatment of stock-based compensation expense in an inter-company cost-sharing transaction for certain pre-acquisition Altera tax years. The U.S. Tax Court ruled in favor of Altera and the U.S. Internal Revenue Service appealed the ruling to the U.S. Court of Appeals for the Ninth Circuit. During 2018, the U.S. Court of Appeals heard oral arguments and the outcome of those appeals is pending.