22. Income Taxes
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Tax Rate Reconciliation
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2011
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2010
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2009
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Federal statutory rate |
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35.0% |
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35.0% |
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35.0% |
State income taxes, net of the federal tax benefit |
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1.0 |
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1.4 |
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2.8 |
International |
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(0.7) |
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(0.6) |
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(0.3) |
Other |
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(1.0) |
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(0.7) |
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(1.8) |
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Effective tax rate |
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34.3% |
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35.1% |
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35.7% |
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Certain discrete state income tax items reduced our effective tax rate by 2.0 percentage points, 2.4 percentage points and 0.7 percentage points in 2011, 2010 and 2009, respectively.
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Provision for Income Taxes (millions)
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2011
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2010
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2009
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Current: |
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Federal |
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$ |
1,069 |
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$ |
1,086 |
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$ |
877 |
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State |
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74 |
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40 |
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141 |
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International |
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13 |
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4 |
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2 |
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Total current |
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1,156 |
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1,130 |
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1,020 |
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Deferred: |
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Federal |
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427 |
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388 |
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339 |
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State |
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— |
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57 |
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25 |
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International |
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(56 |
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— |
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— |
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Total deferred |
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371 |
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445 |
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364 |
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Total provision |
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$ |
1,527 |
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$ |
1,575 |
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$ |
1,384 |
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Net Deferred Tax Asset/(Liability) (millions)
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January 28,
2012
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January 29,
2011
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Gross deferred tax assets: |
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Accrued and deferred compensation |
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$ |
489 |
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$ |
451 |
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Allowance for doubtful accounts |
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157 |
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229 |
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Accruals and reserves not currently deductible |
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347 |
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373 |
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Self-insured benefits |
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257 |
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251 |
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Foreign operating loss carryforward |
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43 |
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— |
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Other |
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149 |
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67 |
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Total gross deferred tax assets |
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1,442 |
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1,371 |
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Gross deferred tax liabilities: |
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Property and equipment |
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(1,930 |
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(1,607 |
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Deferred credit card income |
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(102 |
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(145 |
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Inventory |
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(162 |
) |
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(77 |
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Other |
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(109 |
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(97 |
) |
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Total gross deferred tax liabilities |
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(2,303 |
) |
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(1,926 |
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Total net deferred tax liability |
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$ |
(861 |
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$ |
(555 |
) |
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Deferred tax assets and liabilities are recognized for the future tax consequences attributable to temporary differences between financial statement carrying amounts of existing assets and liabilities and their respective tax bases. Deferred tax assets and liabilities are measured using enacted income tax rates in effect for the year the temporary differences are expected to be recovered or settled. Tax rate changes affecting deferred tax assets and liabilities are recognized in income at the enactment date.
At January 28, 2012, foreign net operating loss carryforwards of $166 million are available to offset future income. These carryforwards expire in 2031 and are expected to be fully utilized prior to expiration.
We have not recorded deferred taxes when earnings from foreign operations are considered to be indefinitely invested outside the U.S. These accumulated net earnings relate to ongoing operations and were $300 million at January 28, 2012 and $333 million at January 29, 2011. It is not practicable to determine the income tax liability that would be payable if such earnings were not indefinitely reinvested.
We file a U.S. federal income tax return and income tax returns in various states and foreign jurisdictions. We are no longer subject to U.S. federal income tax examinations for years before 2010 and, with few exceptions, are no longer subject to state and local or non-U.S. income tax examinations by tax authorities for years before 2003.
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Reconciliation of Liability for Unrecognized Tax Benefits (millions)
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2011
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2010
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2009
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Balance at beginning of period |
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$ |
302 |
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$ |
452 |
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$ |
434 |
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Additions based on tax positions related to the current year |
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12 |
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16 |
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119 |
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Additions for tax positions of prior years |
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31 |
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68 |
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47 |
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Reductions for tax positions of prior years |
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(101 |
) |
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(222 |
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(61 |
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Settlements |
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(8 |
) |
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(12 |
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(87 |
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Balance at end of period |
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$ |
236 |
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$ |
302 |
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$ |
452 |
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If we were to prevail on all unrecognized tax benefits recorded, $155 million of the $236 million reserve would benefit the effective tax rate. In addition, the reversal of accrued penalties and interest would also benefit the effective tax rate. Interest and penalties associated with unrecognized tax benefits are recorded within income tax expense. During the years ended January 28, 2012, January 29, 2011 and January 30, 2010, we recorded a benefit from the reversal of accrued penalties and interest of $12 million, $28 million and $10 million, respectively. We had accrued for the payment of interest and penalties of $82 million at January 28, 2012, $95 million at January 29, 2011 and $127 million at January 30, 2010.
It is reasonably possible that the amount of the unrecognized tax benefits with respect to our other unrecognized tax positions will increase or decrease during the next twelve months; however, an estimate of the amount or range of the change cannot be made at this time.
The January 30, 2010 liability for uncertain tax positions included $133 million for tax positions for which the ultimate deductibility was highly certain, but for which there was uncertainty about the timing of such deductibility. During 2010, we filed a tax accounting method change that resolved the uncertainty surrounding the timing of deductions for these tax positions, resulting in a $133 million decrease to our liability for unrecognized tax benefits and no impact on income tax expense in 2010. |