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Income Taxes Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
15. Income Taxes

Income tax expense consists of the following:
 
Years ended December 31,
(In millions)
2016
 
2015
 
2014
Current
$
(33
)
 
$
(19
)
 
$
(84
)
Deferred
(19
)
 
31

 
137

Income tax expense (benefit)
$
(52
)
 
$
12

 
$
53



Income tax expense was calculated based on the following components of income before income taxes:
 
Years ended December 31,
(In millions)
2016
 
2015
 
2014
Pre-tax income – Bermuda
$
565

 
$
508

 
$
263

Pre-tax income – Germany
16

 
8

 

Pre-tax income – U.S.
135

 
74

 
261

Income before income taxes
$
716

 
$
590

 
$
524



The expected tax provision computed on pre-tax income at the weighted average tax rate has been calculated as the sum of the pre-tax income in each jurisdiction multiplied by that jurisdiction's applicable statutory tax rate. Statutory tax rates of 0%, 31% and 35% have been used for Bermuda, Germany and the United States, respectively. A reconciliation of the difference between the provision for income taxes and the expected tax provision at the weighted average tax rate is as follows:
 
Years ended December 31,
(In millions)
2016
 
2015
 
2014
Expected tax provision computed on pre-tax income at weighted average income tax rate
$
52

 
$
28

 
$
91

(Decrease) increase in income taxes resulting from:
 
 
 
 
 
Deferred tax valuation allowance
(116
)
 
(6
)
 
(22
)
Prior year true-up
8

 
2

 
(12
)
Corporate owned life insurance
(7
)
 
(7
)
 
(6
)
Stock compensation expense
5

 

 

State taxes and other
6

 
(5
)
 
2

Total income tax expense (benefit)
$
(52
)
 
$
12

 
$
53

Effective tax rate
(7
)%
 
2
%
 
10
%


Total income taxes were as follows:
 
Years ended December 31,
(In millions)
2016
 
2015
 
2014
Income tax expense (benefit)
$
(52
)
 
$
12

 
$
53

Income tax expense (benefit) from OCI
259

 
(424
)
 
317

Total income taxes
$
207

 
$
(412
)
 
$
370



Deferred income tax assets and liabilities consisted of the following:
 
December 31,
(In millions)
2016
 
2015
Deferred tax assets
 
 
 
Insurance liabilities
$
1,483

 
$
1,354

Net unrealized losses on AFS

 
84

Net operating and capital loss carryforwards
221

 
170

Tax credits
18

 

VOBA
69

 
72

Employee benefits
52

 
57

Other
27

 
20

Total deferred tax assets
1,870

 
1,757

Valuation allowance1
(72
)
 
(193
)
Deferred tax asset, after valuation allowance
1,798

 
1,564

Deferred tax liabilities
 
 
 
Investments, including derivatives
668

 
429

Net unrealized gains on AFS
178

 

VOBA
346

 
375

DAC
232

 
109

Other
6

 
42

Total deferred tax liability
1,430

 
955

Net deferred tax asset2
$
368

 
$
609

 
 
 
 
1 A portion of the valuation allowance reduction was recorded in other comprehensive income.
2 Net deferred tax asset includes deferred tax liability relating to ADKG, which is included in other liabilities on the consolidated balance sheets.


As of December 31, 2016, we have gross deferred tax assets associated with U.S. federal and state net operating losses of $632 million, which will begin to expire in 2022.

The valuation allowance consists of the following:
 
December 31,
(In millions)
2016
 
2015
U.S. federal and state net operating losses
$
22

 
$
100

U.S. other deferred tax assets

 
27

German other deferred tax assets
50

 
66

Total valuation allowance
$
72

 
$
193



During the third quarter of 2016, we identified a tax plan that, when implemented, will allow us to use a significant portion of the U.S. non-life insurance companies’ net operating losses, which are scheduled to expire beginning in 2022, and other deductible temporary differences. As a result, we released the corresponding deferred tax valuation allowance of $102 million, as it is more likely than not that these attributes will be realized.

AHL and its Bermuda subsidiaries file protective U.S. income tax returns and its U.S. subsidiaries file income tax returns with the U.S. federal government and various U.S. state governments. AADE is not subject to U.S. federal and state examinations by tax authorities for years prior to 2007, while Athene Annuity & Life Assurance Company of New York (AANY) and Athene Life Insurance Company (ALIC) are not subject to examinations for years prior to 2011 and 2013, respectively. See discussion of ongoing tax examinations relating to Aviva USA and subsidiaries at Note 18 – Commitments and Contingencies.

Under current Bermuda law, we are not required to pay any taxes in Bermuda on either income or capital gains. We have received an undertaking from the Bermuda Minister of Finance that, in the event of any such taxes being imposed, the Company will be exempted from taxation until the year 2035.

Withholding taxes have not been provided on undistributed earnings of AHL's U.S. and German subsidiaries as of December 31, 2016 or 2015. Although withholding taxes may apply in the event a dividend is paid by AHL's U.S. or German subsidiaries, we have not accrued withholding taxes as we do not intend to remit these earnings. The cumulative amount subject to withholding tax, if distributed, as well as the determination of the associated tax liability, is not practicable to compute; however, it may be material to the Company's financial position and results of operations. Any dividends remitted to AHL from ALRe are not subject to withholding tax.