XML 44 R27.htm IDEA: XBRL DOCUMENT v3.20.4
Income Taxes
12 Months Ended
Dec. 31, 2020
Income Taxes [Abstract]  
Income Taxes
Note 18—Income Taxes
Components of income tax expense (benefit)
 
were:
Millions of Dollars
2020
2019
2018
Income Taxes
Federal
Current
$
3
18
4
Deferred
(625)
(113)
545
Foreign
Current
350
2,545
3,273
Deferred
(70)
(323)
(166)
State and local
Current
(4)
148
108
Deferred
(139)
(8)
(96)
$
(485)
2,267
3,668
Deferred income taxes reflect the net tax effect of temporary
 
differences between the carrying amounts of
assets and liabilities for financial reporting purposes
 
and the amounts used for tax purposes.
 
Major components
of deferred tax liabilities and assets at December
 
31 were:
Millions of Dollars
2020
2019
Deferred Tax Liabilities
PP&E and intangibles
$
7,744
8,660
Inventory
64
35
Other
242
234
Total deferred tax liabilities
8,050
8,929
Deferred Tax Assets
Benefit plan accruals
540
542
Asset retirement obligations and accrued environmental
 
costs
2,262
2,339
Investments in joint ventures
1,653
1,722
Other financial accruals and deferrals
907
777
Loss and credit carryforwards
8,904
8,968
Other
365
345
Total deferred tax assets
14,631
14,693
Less: valuation allowance
(9,965)
(10,214)
Total deferred tax assets net of valuation allowance
4,666
4,479
Net deferred tax liabilities
$
3,384
4,450
At December 31, 2020, noncurrent assets and liabilities
 
included deferred taxes of $
363
 
million and
$
3,747
 
million, respectively.
 
At December 31, 2019, noncurrent assets and liabilities
 
included deferred taxes
of $
184
 
million and $
4,634
 
million, respectively.
 
At December 31, 2020,
 
the loss and credit carryforward deferred tax
 
assets were primarily related to U.S.
foreign tax credit carryforwards of $
7
 
billion and various jurisdictions net
 
operating loss and credit
carryforwards of $
1.9
 
billion.
 
If not utilized, U.S. foreign tax credits and net operating
 
losses will begin to
expire in 2021.
The following table shows a reconciliation
 
of the beginning and ending deferred tax asset
 
valuation allowance
for
for 2020, 2019 and 2018:
Millions of Dollars
2020
2019
2018
Balance at January 1
$
10,214
3,040
1,254
Charged to expense (benefit)
460
(225)
(26)
Other*
(709)
7,399
1,812
Balance at December 31
$
9,965
10,214
3,040
*Represents changes due to originating deferred tax asset that have no impact to our effective
 
tax rate, acquisitions/dispositions/revisions and the
effect of translating foreign financial statements.
 
Certain items in the prior year have been reclassed to conform with the current year
presentation, with no impacts to beginning and ending balances.
Valuation
 
allowances have been established to reduce
 
deferred tax assets to an amount that will,
 
more likely
than not, be realized.
 
At December 31, 2020, we have maintained a valuation
 
allowance with respect to
substantially all U.S. foreign tax credit carryforwards
 
as well as certain net operating loss carryforwards
 
for
various jurisdictions.
 
During 2020, the valuation allowance movement
 
charged to earnings primarily relates
 
to
capital losses in Australia and to the fair value
 
measurement of our Cenovus Energy common shares that
 
are
not expected to be realized. Other movements are
 
primarily related to valuation allowances
 
on expiring tax
attributes.
 
Based on our historical taxable income, expectations
 
for the future, and available tax-planning
strategies,
 
management expects deferred tax assets, net of
 
valuation allowances, will primarily be realized
 
as
offsets to reversing deferred tax liabilities.
 
 
On December 2, 2019, the Internal Revenue Service
 
finalized foreign tax credit regulations related
 
to the 2017
Tax Cuts and Jobs Act.
 
Due to the finalization of these regulations, in the
 
fourth quarter of 2019 we
recognized $
151
 
million of net deferred tax assets.
 
Correspondingly, we recorded $
6,642
 
million of existing
foreign tax credit carryovers where recognition
 
was previously considered to be remote.
 
Present legislation
still makes their realization unlikely and therefore
 
these credits have been offset with a full valuation
allowance.
 
 
At December 31, 2020, unremitted income
 
considered to be permanently reinvested in certain
 
foreign
subsidiaries and foreign corporate joint ventures
 
totaled approximately $
3,982
 
million.
 
Deferred income taxes
have not been provided on this amount, as
 
we do not plan to initiate any action that would
 
require the payment
of income taxes.
 
The estimated amount of additional tax, primarily
 
local withholding tax, that would be
payable on this income if distributed is approximately
 
$
199
 
million.
The following table shows a reconciliation
 
of the beginning and ending unrecognized
 
tax benefits for 2020,
 
2019 and 2018:
Millions of Dollars
2020
2019
2018
Balance at January 1
$
1,177
1,081
882
Additions based on tax positions related to the current
 
year
6
9
268
Additions for tax positions of prior years
67
120
43
Reductions for tax positions of prior years
(34)
(22)
(73)
Settlements
(9)
(9)
(35)
Lapse of statute
(1)
(2)
(4)
Balance at December 31
$
1,206
1,177
1,081
Included in the balance of unrecognized tax benefits
 
for 2020, 2019 and 2018 were $
1,128
 
million,
$
1,100
 
million and $
1,081
 
million, respectively, which, if recognized, would impact our effective tax rate.
 
The
balance of the unrecognized tax benefits increased
 
in 2019 mainly due to the treatment of our
 
PDVSA
settlement. The balance of the unrecognized tax
 
benefits increased in 2018 mainly due to the treatment
 
of
distributions from certain foreign subsidiaries.
 
See Note 12—Contingencies and Commitments,
 
for more
information on the PDVSA settlement.
 
 
At December 31, 2020, 2019 and 2018, accrued liabilities
 
for interest and penalties totaled $
46
 
million,
$
42
 
million and $
45
 
million, respectively, net of accrued income taxes.
 
Interest and penalties resulted in a
reduction to earnings of $
4
 
million in 2020, a benefit to earnings of $
3
 
million in 2019, and a benefit to
earnings of $
4
 
million in 2018, respectively.
 
 
We file tax returns in the U.S. federal jurisdiction and in many foreign and state jurisdictions.
 
Audits in major
jurisdictions are generally complete as follows:
 
U.K. (2015), Canada (2014), U.S. (2014) and
 
Norway (2019).
 
Issues in dispute for audited years and audits for
 
subsequent years are ongoing and in various stages
 
of
completion in the many jurisdictions in which
 
we operate around the world.
 
Consequently, the balance in
unrecognized tax benefits can be expected to fluctuate
 
from period to period.
 
It is reasonably possible such
changes could be significant when compared
 
with our total unrecognized tax benefits, but the amount
 
of
change is not estimable.
The amounts of U.S. and foreign income (loss)
 
before income taxes, with a reconciliation of tax
 
at the federal
statutory rate to the provision for income taxes,
 
were:
Millions of Dollars
Percent of Pre-Tax Income (Loss)
2020
2019
2018
2020
2019
2018
Income (loss) before income taxes
United States
$
(3,587)
4,704
2,867
114.2
%
49.4
28.7
Foreign
447
4,820
7,106
(14.2)
50.6
71.3
$
(3,140)
9,524
9,973
100.0
%
100.0
100.0
Federal statutory income tax
$
(659)
2,000
2,095
21.0
%
21.0
21.0
Non-U.S. effective tax rates
194
1,399
1,766
(6.2)
14.7
17.7
Tax Legislation
-
-
(10)
-
-
(0.1)
Australia disposition
(349)
-
-
11.1
-
-
U.K. disposition
-
(732)
(150)
-
(7.7)
(1.5)
Recovery of outside basis
(22)
(77)
(21)
0.7
(0.8)
(0.2)
Adjustment to tax reserves
18
9
(4)
(0.6)
0.1
-
Adjustment to valuation allowance
460
(225)
(26)
(14.6)
(2.4)
(0.3)
State income tax
(112)
123
135
3.6
1.3
1.4
Malaysia Deepwater Incentive
-
(164)
-
-
(1.7)
-
Enhanced oil recovery credit
(6)
(27)
(99)
0.2
(0.3)
(1.0)
Other
(9)
(39)
(18)
0.3
(0.4)
(0.2)
$
(485)
2,267
3,668
15.5
%
23.8
36.8
Our effective tax rate for 2020 was impacted by the disposition
 
of our Australia-West assets as well as the
valuation allowance related to the fair value measurement
 
of our Cenovus Energy common shares.
 
The
Australia-West disposition generated a before-tax gain of $
587
 
million with an associated tax benefit of
 
$
10
million and resulted in the de-recognition of deferred
 
tax assets resulting in $
92
 
million of tax expense.
 
The
disposition also generated an Australia capital
 
loss tax benefit of $
313
 
million which has been fully offset by a
valuation allowance.
 
Due to changes in the fair market value of Cenovus
 
Energy common shares, the
valuation allowance was increased by $
178
 
million to offset the expected capital loss.
 
Our effective tax rate for 2019 was favorably impacted
 
by the sale of two of our U.K. subsidiaries.
 
The
disposition generated a before-tax gain of more than
 
$
1.7
 
billion with an associated tax benefit of $
335
million. The disposition generated a U.S. capital
 
loss of approximately $
2.1
 
billion which has generated a U.S.
tax benefit of approximately $
285
 
million. The remaining U.S. capital loss
 
has been recorded as a deferred tax
asset fully offset with a valuation
 
allowance.
 
See Note 4—Asset Acquisitions and Dispositions,
 
for additional
information on the disposition.
 
 
During the third quarter of 2019, we received final
 
partner approval in Malaysia Block G to claim
 
certain
deepwater tax credits. As a result, we recorded
 
an income tax benefit of $
164
 
million.
 
 
The decrease in the effective tax rate for 2018 was primarily
 
due to the impact of the Clair Field disposition
 
in
the U.K. and our overall income position, partially
 
offset by our change in mix of income among taxing
jurisdictions.
 
Our effective tax rate for 2018 was favorably impacted
 
by the sale of a U.K. subsidiary to BP.
 
The subsidiary held
16.5
 
percent of our
24
 
percent interest in the BP-operated Clair Field
 
in the U.K.
 
The
disposition generated a before-tax gain of $
715
 
million with no associated tax cost.
 
See Note 4—Asset
Acquisitions and Dispositions, for additional
 
information on the disposition.
 
As a result of the COVID-19 pandemic and the
 
resulting economic uncertainty, many countries in which we
operate, including Australia, Canada, Norway and
 
the U.S., have enacted responsive tax legislation.
 
During
the second quarter, Norway enacted legislation to accelerate
 
the recovery of capital expenditures and allow
immediate monetization of tax losses.
 
As a result, in the second quarter of 2020, we recorded
 
an increase to
our net deferred tax liability of $
120
 
million and a decrease to our accrued income
 
and other taxes liability of
$
124
 
million.
 
Legislation in other jurisdictions did not have
 
a material impact to ConocoPhillips.