Annual Report
2013

Note 13 - Income Taxes

The components of the provision for income taxes were as follows:

(In millions)
Year Ended June 30, 2013   2012   2011
Current Taxes          
U.S. federal $ 3,131   $ 2,235   $ 3,108
U.S. state and local 332   153   209
International 1,745   1,947   1,602
Current taxes 5,208   4,335   4,919
Deferred Taxes          
Deferred taxes (19)   954   2
Provision for income taxes $ 5,189   $ 5,289   $ 4,921

U.S. and international components of income before income taxes were as follows:

(In millions)
Year Ended June 30, 2013   2012   2011
U.S. $ 6,674   $ 1,600   $ 8,862
International 20,378   20,667   19,209
Income before income taxes $ 27,052   $ 22,267   $ 28,071

The items accounting for the difference between income taxes computed at the U.S. federal statutory rate and our effective rate were as follows:

Year Ended June 30, 2013   2012   2011
Federal statutory rate 35.0%   35.0%   35.0%
Effect of:          
Foreign earnings taxed at lower rates (17.5)%   (21.1)%   (15.6)%
Goodwill impairment 0%   9.7%   0%
I.R.S. settlement 0%   0%   (1.7)%
Other reconciling items, net 1.7%   0.2%   (0.2)%
Effective rate 19.2%   23.8%   17.5%

The reduction from the federal statutory rate from foreign earnings taxed at lower rates results from producing and distributing our products and services through our foreign regional operations centers in Ireland, Singapore, and Puerto Rico. Our foreign earnings, which are taxed at rates lower than the U.S. rate and are generated from our regional operating centers, were 79%, 79%, and 78% of our international income before tax in fiscal years 2013, 2012, and 2011, respectively. In general, other reconciling items consist of interest, U.S. state income taxes, domestic production deductions, and credits. In fiscal years 2013, 2012, and 2011, there were no individually significant other reconciling items. The I.R.S. settlement is discussed below.

The components of the deferred income tax assets and liabilities were as follows:

(In millions)      
June 30,         2013         2012
Deferred Income Tax Assets      
Stock-based compensation expense $ 888   $ 882
Other expense items 917   965
Unearned revenue 445   571
Impaired investments 246   152
Loss carryforwards 715   532
Other revenue items 55   79
Deferred income tax assets $ 3,266   $ 3,181
Less valuation allowance (579)   (453)
Deferred income tax assets, net of valuation allowance $ 2,687   $ 2,728
Deferred Income Tax Liabilities      
International earnings $ (1,146)   $ (1,072)
Unrealized gain on investments (1,012)   (830)
Depreciation and amortization (604)   (670)
Other (2)   (14)
Deferred income tax liabilities (2,764)   (2,586)
Net deferred income tax assets (liabilities) $ (77)   $ 142
Reported As      
Current deferred income tax assets $ 1,632   $ 2,035
Long-term deferred income tax liabilities (1,709)   (1,893)
Net deferred income tax assets (liabilities) $ (77)   $ 142

As of June 30, 2013, we had net operating loss carryforwards of $2.7 billion, including $2.2 billion of foreign net operating loss carryforwards acquired through our acquisition of Skype. The valuation allowance disclosed in the table above relates to the foreign net operating loss carryforwards that may not be realized.

Deferred income tax balances reflect the effects of temporary differences between the carrying amounts of assets and liabilities and their tax bases and are stated at enacted tax rates expected to be in effect when the taxes are actually paid or recovered.

As of June 30, 2013, we have not provided deferred U.S. income taxes or foreign withholding taxes on temporary differences of approximately $76.4 billion resulting from earnings for certain non-U.S. subsidiaries which are permanently reinvested outside the U.S. The unrecognized deferred tax liability associated with these temporary differences was approximately $24.4 billion at June 30, 2013.

Income taxes paid were $3.9 billion, $3.5 billion, and $5.3 billion in fiscal years 2013, 2012, and 2011, respectively.

Uncertain Tax Positions

As of June 30, 2013, we had $8.6 billion of unrecognized tax benefits of which $6.5 billion, if recognized, would affect our effective tax rate. As of June 30, 2012, we had $7.2 billion of unrecognized tax benefits of which $6.2 billion, if recognized, would have affected our effective tax rate.

Interest on unrecognized tax benefits was $400 million, $154 million, and $38 million in fiscal years 2013, 2012, and 2011, respectively. As of June 30, 2013, 2012, and 2011, we had accrued interest related to uncertain tax positions of $1.3 billion, $939 million, and $785 million, respectively, net of federal income tax benefits.

The aggregate changes in the balance of unrecognized tax benefits were as follows:

(In millions)
Year Ended June 30,     2013       2012       2011
Balance, beginning of year $ 7,202   $ 6,935   $ 6,542
Decreases related to settlements (30)   (16)   (632)
Increases for tax positions related to the current year 612   481   739
Increases for tax positions related to prior years 931   118   405
Decreases for tax positions related to prior years (65)   (292)   (119)
Decreases due to lapsed statutes of limitations (2)   (24)   0
Balance, end of year $ 8,648   $ 7,202   $ 6,935

During the third quarter of fiscal year 2011, we reached a settlement of a portion of an I.R.S. audit of tax years 2004 to 2006, which reduced our income tax expense by $461 million. While we settled a portion of the I.R.S. audit, we remain under audit for these years. In February 2012, the I.R.S. withdrew its 2011 Revenue Agents Report and reopened the audit phase of the examination. As of June 30, 2013, the primary unresolved issue relates to transfer pricing, which could have a significant impact on our financial statements if not resolved favorably. We believe our allowances for tax contingencies are appropriate. We do not believe it is reasonably possible that the total amount of unrecognized tax benefits will significantly increase or decrease within the next 12 months, because we do not believe the remaining open issues will be resolved within the next 12 months. We also continue to be subject to examination by the I.R.S. for tax years 2007 to 2012.

We are subject to income tax in many jurisdictions outside the U.S. Our operations in certain jurisdictions remain subject to examination for tax years 1996 to 2012, some of which are currently under audit by local tax authorities. The resolutions of these audits are not expected to be material to our financial statements.