Income Taxes
|
12 Months Ended |
Dec. 31, 2011
|
Income Taxes |
22. Income Taxes
Duke Energy and its subsidiaries file income tax returns in the U.S. with federal and various state governmental authorities, and in certain foreign jurisdictions. The taxable income of Duke Energy and its subsidiaries is reflected in Duke Energy's U.S. federal and state income tax returns. These subsidiaries have a tax sharing agreement with Duke Energy where the separate return method is used to allocate tax expenses and benefits to the subsidiaries whose investments or results of operations provide these tax expenses and benefits. The accounting for income taxes essentially represents the income taxes that each of these subsidiaries would incur if it were a separate company filing its own tax return as a C-Corporation.
The following details the components of income tax expense:
Income Tax Expense
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(37 |
) |
|
$ |
(122 |
) |
|
$ |
(95 |
) |
|
$ |
95 |
|
State |
|
|
21 |
|
|
|
30 |
|
|
|
1 |
|
|
|
42 |
|
Foreign |
|
|
164 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
148 |
|
|
|
(92 |
) |
|
|
(94 |
) |
|
|
137 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
526 |
|
|
|
531 |
|
|
|
194 |
|
|
|
(38 |
) |
State |
|
|
56 |
|
|
|
40 |
|
|
|
(2 |
) |
|
|
(23 |
) |
Foreign |
|
|
32 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
614 |
|
|
|
571 |
|
|
|
192 |
|
|
|
(61 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(10 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(5 |
) |
|
$ |
3 |
|
|
$ |
107 |
|
|
$ |
(3 |
) |
State |
|
|
39 |
|
|
|
(2 |
) |
|
|
8 |
|
|
|
16 |
|
Foreign |
|
|
125 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
159 |
|
|
|
1 |
|
|
|
115 |
|
|
|
13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
639 |
|
|
|
388 |
|
|
|
6 |
|
|
|
123 |
|
State |
|
|
83 |
|
|
|
75 |
|
|
|
12 |
|
|
|
22 |
|
Foreign |
|
|
20 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
742 |
|
|
|
463 |
|
|
|
18 |
|
|
|
145 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(11 |
) |
|
|
(7 |
) |
|
|
(1 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
890 |
|
|
|
457 |
|
|
|
132 |
|
|
|
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(1 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
889 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(271 |
) |
|
$ |
(196 |
) |
|
$ |
77 |
|
|
$ |
2 |
|
State |
|
|
3 |
|
|
|
(27 |
) |
|
|
7 |
|
|
|
5 |
|
Foreign |
|
|
96 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
(172 |
) |
|
|
(223 |
) |
|
|
84 |
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
767 |
|
|
|
518 |
|
|
|
97 |
|
|
|
89 |
|
State |
|
|
148 |
|
|
|
89 |
|
|
|
7 |
|
|
|
22 |
|
Foreign |
|
|
27 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
942 |
|
|
|
607 |
|
|
|
104 |
|
|
|
111 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(12 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
758 |
|
|
|
377 |
|
|
|
186 |
|
|
|
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(2 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
756 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy Income from Continuing Operations before Income Taxes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Years Ended December 31, |
|
|
|
2011 |
|
|
2010 |
|
|
2009 |
|
|
|
(in millions) |
|
Domestic |
|
$ |
1,780 |
|
|
$ |
1,731 |
|
|
$ |
1,433 |
|
Foreign |
|
|
685 |
|
|
|
479 |
|
|
|
398 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income from continuing operations before income taxes |
|
$ |
2,465 |
|
|
$ |
2,210 |
|
|
$ |
1,831 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reconciliation of Income Tax Expense at the U.S. Federal Statutory Tax Rate to the Actual Tax Expense from Continuing Operations (Statutory Rate Reconciliation)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
863 |
|
|
$ |
457 |
|
|
$ |
102 |
|
|
$ |
85 |
|
State income tax, net of federal income tax effect |
|
|
50 |
|
|
|
46 |
|
|
|
(1 |
) |
|
|
13 |
|
Tax differential on foreign earnings |
|
|
(44 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
AFUDC equity income |
|
|
(91 |
) |
|
|
(59 |
) |
|
|
(2 |
) |
|
|
(31 |
) |
Other items, net |
|
|
(26 |
) |
|
|
28 |
|
|
|
(3 |
) |
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
30.5 |
% |
|
|
36.1 |
% |
|
|
33.1 |
% |
|
|
30.6 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
774 |
|
|
$ |
454 |
|
|
$ |
(108 |
) |
|
$ |
155 |
|
State income tax, net of federal income tax effect |
|
|
82 |
|
|
|
48 |
|
|
|
14 |
|
|
|
26 |
|
Tax differential on foreign earnings |
|
|
(22 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
175 |
|
|
|
— |
|
|
|
237 |
|
|
|
— |
|
AFUDC equity income |
|
|
(82 |
) |
|
|
(61 |
) |
|
|
(2 |
) |
|
|
(20 |
) |
Other items, net |
|
|
(37 |
) |
|
|
16 |
|
|
|
(9 |
) |
|
|
(5 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
890 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
40.3 |
% |
|
|
35.3 |
% |
|
|
(43.0 |
)% |
|
|
35.5 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
641 |
|
|
$ |
378 |
|
|
$ |
(84 |
) |
|
$ |
111 |
|
State income tax, net of federal income tax effect |
|
|
98 |
|
|
|
40 |
|
|
|
9 |
|
|
|
18 |
|
Tax differential on foreign earnings |
|
|
(16 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
130 |
|
|
|
— |
|
|
|
254 |
|
|
|
— |
|
AFUDC equity income |
|
|
(53 |
) |
|
|
(44 |
) |
|
|
1 |
|
|
|
(10 |
) |
Other items, net |
|
|
(42 |
) |
|
|
3 |
|
|
|
6 |
|
|
|
(3 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
758 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
41.4 |
% |
|
|
34.9 |
% |
|
|
(77.5 |
)% |
|
|
36.7 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Valuation allowances have been established for certain foreign and state net operating loss carryforwards that reduce deferred tax assets to an amount that will be realized on a more-likely-than-not basis. The net change in the total valuation allowance is included in Tax differential on foreign earnings and State income tax, net of federal income tax effect in the above table.
Net Deferred Income Tax Liability Components
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
790 |
|
|
$ |
228 |
|
|
$ |
68 |
|
|
$ |
92 |
|
Tax Credits and NOL Carryforwards(a) |
|
|
930 |
|
|
|
199 |
|
|
|
— |
|
|
|
95 |
|
Investments and other assets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
— |
|
Other |
|
|
137 |
|
|
|
18 |
|
|
|
31 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,857 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
Valuation allowance |
|
|
(144 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,713 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(809 |
) |
|
|
(720 |
) |
|
|
— |
|
|
|
(2 |
) |
Accelerated depreciation rates |
|
|
(6,989 |
) |
|
|
(3,576 |
) |
|
|
(1,706 |
) |
|
|
(968 |
) |
Regulatory assets and deferred debits |
|
|
(1,219 |
) |
|
|
(658 |
) |
|
|
(216 |
) |
|
|
(136 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(9,017 |
) |
|
|
(4,954 |
) |
|
|
(1,922 |
) |
|
|
(1,106 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax Credits and NOL Carryforwards
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
(in millions) |
Description |
|
Amount |
|
|
Expiration year |
|
|
|
Investment Tax Credits |
|
$ |
362 |
|
|
2029 – 2031 |
Alternative Minimum Tax Credits |
|
|
145 |
|
|
Indefinite |
Federal NOL |
|
|
274 |
|
|
2031 |
State NOL(a) |
|
|
47 |
|
|
2016 – 2031 |
Foreign NOL(b) |
|
|
102 |
|
|
2015 – 2029; Indefinite |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
679 |
|
|
$ |
204 |
|
|
$ |
61 |
|
|
$ |
70 |
|
Tax Credits and NOL Carryforwards |
|
|
554 |
|
|
|
52 |
|
|
|
— |
|
|
|
100 |
|
Other |
|
|
100 |
|
|
|
15 |
|
|
|
19 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,333 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
Valuation allowance |
|
|
(145 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,188 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(781 |
) |
|
|
(675 |
) |
|
|
(11 |
) |
|
|
(41 |
) |
Accelerated depreciation rates |
|
|
(6,052 |
) |
|
|
(2,990 |
) |
|
|
(1,529 |
) |
|
|
(973 |
) |
Regulatory assets and deferred debits |
|
|
(996 |
) |
|
|
(513 |
) |
|
|
(171 |
) |
|
|
(93 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(7,829 |
) |
|
|
(4,178 |
) |
|
|
(1,711 |
) |
|
|
(1,107 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The above amounts have been classified in the Consolidated Balance Sheets as follows:
Deferred Tax Assets (Liabilities)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
210 |
|
|
$ |
46 |
|
|
$ |
33 |
|
|
$ |
13 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
67 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(7,581 |
) |
|
|
(4,555 |
) |
|
|
(1,853 |
) |
|
|
(927 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
236 |
|
|
$ |
81 |
|
|
$ |
9 |
|
|
$ |
41 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
101 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(6,978 |
) |
|
|
(3,988 |
) |
|
|
(1,640 |
) |
|
|
(973 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes and foreign withholding taxes have not been provided on undistributed earnings of Duke Energy's foreign subsidiaries when such amounts are deemed to be indefinitely reinvested. The cumulative undistributed earnings as of December 31, 2011 on which Duke Energy has not provided deferred income taxes and foreign withholding taxes is $1.7 billion. The amount of unrecognized deferred tax liability related to these undistributed earnings is estimated at between $250 million and $325 million.
Changes to Unrecognized Tax Benefits
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
49 |
|
|
|
42 |
|
|
|
4 |
|
|
|
3 |
|
Gross decreases—tax positions in prior periods |
|
|
(18 |
) |
|
|
(8 |
) |
|
|
(5 |
) |
|
|
(3 |
) |
Gross increases—current period tax positions |
|
|
16 |
|
|
|
9 |
|
|
|
4 |
|
|
|
3 |
|
Settlements |
|
|
(4 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
43 |
|
|
|
43 |
|
|
|
3 |
|
|
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
385 |
|
|
$ |
260 |
|
|
$ |
32 |
|
|
$ |
24 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
36 |
|
|
|
14 |
|
|
|
15 |
|
|
|
7 |
|
Gross decreases—tax positions in prior periods |
|
|
(43 |
) |
|
|
(7 |
) |
|
|
(21 |
) |
|
|
(13 |
) |
Gross increases—current period tax positions |
|
|
5 |
|
|
|
3 |
|
|
|
1 |
|
|
|
1 |
|
Settlements |
|
|
(320 |
) |
|
|
(310 |
) |
|
|
2 |
|
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
(322 |
) |
|
|
(300 |
) |
|
|
(3 |
) |
|
|
(7 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
572 |
|
|
$ |
462 |
|
|
$ |
15 |
|
|
$ |
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
132 |
|
|
|
58 |
|
|
|
30 |
|
|
|
22 |
|
Gross decreases—tax positions in prior periods |
|
|
(38 |
) |
|
|
(11 |
) |
|
|
(9 |
) |
|
|
(1 |
) |
Gross increases—current period tax positions |
|
|
11 |
|
|
|
8 |
|
|
|
1 |
|
|
|
2 |
|
Settlements |
|
|
(13 |
) |
|
|
— |
|
|
|
(5 |
) |
|
|
(4 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
92 |
|
|
|
55 |
|
|
|
17 |
|
|
|
19 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table includes information regarding the Duke Energy Registrants unrecognized tax benefits(a).
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amount that if recognized, would affect the effective tax rate or regulatory liability(b) |
|
|
121 |
|
|
|
115 |
|
|
|
— |
|
|
|
— |
|
Amount that if recognized, would be recorded as a component of discontinued operations |
|
|
11 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
The following tables include interest and penalties recognized in the consolidated statements of operations and the consolidated balance sheets:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
12 |
|
|
$ |
5 |
|
|
$ |
— |
|
|
$ |
— |
|
Net interest expense recognized related to income taxes |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
1 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
8 |
|
|
|
5 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
3 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2010 |
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
26 |
|
|
$ |
18 |
|
|
$ |
4 |
|
|
$ |
5 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
33 |
|
|
|
34 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
2 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
3 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2009 |
|
|
|
|
Net interest expense recognized related to income taxes |
|
$ |
7 |
|
|
$ |
— |
|
|
$ |
8 |
|
|
$ |
5 |
|
Duke Energy and its subsidiaries are no longer subject to U.S. federal examination for years before 2004. The years 2004 and 2005 are in Appeals. The Internal Revenue Service (IRS) is currently auditing the federal income tax returns for years 2006 and 2007. With few exceptions, Duke Energy and its subsidiaries are no longer subject to state, local or non-U.S. income tax examinations by tax authorities for years before 1999. |
Duke Energy Carolinas [Member]
|
|
Income Taxes |
22. Income Taxes
Duke Energy and its subsidiaries file income tax returns in the U.S. with federal and various state governmental authorities, and in certain foreign jurisdictions. The taxable income of Duke Energy and its subsidiaries is reflected in Duke Energy's U.S. federal and state income tax returns. These subsidiaries have a tax sharing agreement with Duke Energy where the separate return method is used to allocate tax expenses and benefits to the subsidiaries whose investments or results of operations provide these tax expenses and benefits. The accounting for income taxes essentially represents the income taxes that each of these subsidiaries would incur if it were a separate company filing its own tax return as a C-Corporation.
The following details the components of income tax expense:
Income Tax Expense
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(37 |
) |
|
$ |
(122 |
) |
|
$ |
(95 |
) |
|
$ |
95 |
|
State |
|
|
21 |
|
|
|
30 |
|
|
|
1 |
|
|
|
42 |
|
Foreign |
|
|
164 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
148 |
|
|
|
(92 |
) |
|
|
(94 |
) |
|
|
137 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
526 |
|
|
|
531 |
|
|
|
194 |
|
|
|
(38 |
) |
State |
|
|
56 |
|
|
|
40 |
|
|
|
(2 |
) |
|
|
(23 |
) |
Foreign |
|
|
32 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
614 |
|
|
|
571 |
|
|
|
192 |
|
|
|
(61 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(10 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $43 million at Duke Energy, $43 million at Duke Energy Carolinas, $3 million at Duke Energy Ohio and $3 million at Duke Energy Indiana. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(5 |
) |
|
$ |
3 |
|
|
$ |
107 |
|
|
$ |
(3 |
) |
State |
|
|
39 |
|
|
|
(2 |
) |
|
|
8 |
|
|
|
16 |
|
Foreign |
|
|
125 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
159 |
|
|
|
1 |
|
|
|
115 |
|
|
|
13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
639 |
|
|
|
388 |
|
|
|
6 |
|
|
|
123 |
|
State |
|
|
83 |
|
|
|
75 |
|
|
|
12 |
|
|
|
22 |
|
Foreign |
|
|
20 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
742 |
|
|
|
463 |
|
|
|
18 |
|
|
|
145 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(11 |
) |
|
|
(7 |
) |
|
|
(1 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
890 |
|
|
|
457 |
|
|
|
132 |
|
|
|
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(1 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
889 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $392 million at Duke Energy, $300 million at Duke Energy Carolinas, $3 million at Duke Energy Ohio and $7 million at Duke Energy Indiana. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(271 |
) |
|
$ |
(196 |
) |
|
$ |
77 |
|
|
$ |
2 |
|
State |
|
|
3 |
|
|
|
(27 |
) |
|
|
7 |
|
|
|
5 |
|
Foreign |
|
|
96 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
(172 |
) |
|
|
(223 |
) |
|
|
84 |
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
767 |
|
|
|
518 |
|
|
|
97 |
|
|
|
89 |
|
State |
|
|
148 |
|
|
|
89 |
|
|
|
7 |
|
|
|
22 |
|
Foreign |
|
|
27 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
942 |
|
|
|
607 |
|
|
|
104 |
|
|
|
111 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(12 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
758 |
|
|
|
377 |
|
|
|
186 |
|
|
|
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(2 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
756 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $91 million at Duke Energy, uncertain tax expenses of $42 million, $22 million and $20 million at Duke Energy Carolinas, Duke Energy Ohio, and Duke Energy Indiana, respectively. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
Duke Energy Income from Continuing Operations before Income Taxes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Years Ended December 31, |
|
|
|
2011 |
|
|
2010 |
|
|
2009 |
|
|
|
(in millions) |
|
Domestic |
|
$ |
1,780 |
|
|
$ |
1,731 |
|
|
$ |
1,433 |
|
Foreign |
|
|
685 |
|
|
|
479 |
|
|
|
398 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income from continuing operations before income taxes |
|
$ |
2,465 |
|
|
$ |
2,210 |
|
|
$ |
1,831 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reconciliation of Income Tax Expense at the U.S. Federal Statutory Tax Rate to the Actual Tax Expense from Continuing Operations (Statutory Rate Reconciliation)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
863 |
|
|
$ |
457 |
|
|
$ |
102 |
|
|
$ |
85 |
|
State income tax, net of federal income tax effect |
|
|
50 |
|
|
|
46 |
|
|
|
(1 |
) |
|
|
13 |
|
Tax differential on foreign earnings |
|
|
(44 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
AFUDC equity income |
|
|
(91 |
) |
|
|
(59 |
) |
|
|
(2 |
) |
|
|
(31 |
) |
Other items, net |
|
|
(26 |
) |
|
|
28 |
|
|
|
(3 |
) |
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
30.5 |
% |
|
|
36.1 |
% |
|
|
33.1 |
% |
|
|
30.6 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
774 |
|
|
$ |
454 |
|
|
$ |
(108 |
) |
|
$ |
155 |
|
State income tax, net of federal income tax effect |
|
|
82 |
|
|
|
48 |
|
|
|
14 |
|
|
|
26 |
|
Tax differential on foreign earnings |
|
|
(22 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
175 |
|
|
|
— |
|
|
|
237 |
|
|
|
— |
|
AFUDC equity income |
|
|
(82 |
) |
|
|
(61 |
) |
|
|
(2 |
) |
|
|
(20 |
) |
Other items, net |
|
|
(37 |
) |
|
|
16 |
|
|
|
(9 |
) |
|
|
(5 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
890 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
40.3 |
% |
|
|
35.3 |
% |
|
|
(43.0 |
)% |
|
|
35.5 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
641 |
|
|
$ |
378 |
|
|
$ |
(84 |
) |
|
$ |
111 |
|
State income tax, net of federal income tax effect |
|
|
98 |
|
|
|
40 |
|
|
|
9 |
|
|
|
18 |
|
Tax differential on foreign earnings |
|
|
(16 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
130 |
|
|
|
— |
|
|
|
254 |
|
|
|
— |
|
AFUDC equity income |
|
|
(53 |
) |
|
|
(44 |
) |
|
|
1 |
|
|
|
(10 |
) |
Other items, net |
|
|
(42 |
) |
|
|
3 |
|
|
|
6 |
|
|
|
(3 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
758 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
41.4 |
% |
|
|
34.9 |
% |
|
|
(77.5 |
)% |
|
|
36.7 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Valuation allowances have been established for certain foreign and state net operating loss carryforwards that reduce deferred tax assets to an amount that will be realized on a more-likely-than-not basis. The net change in the total valuation allowance is included in Tax differential on foreign earnings and State income tax, net of federal income tax effect in the above table.
Net Deferred Income Tax Liability Components
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
790 |
|
|
$ |
228 |
|
|
$ |
68 |
|
|
$ |
92 |
|
Tax Credits and NOL Carryforwards(a) |
|
|
930 |
|
|
|
199 |
|
|
|
— |
|
|
|
95 |
|
Investments and other assets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
— |
|
Other |
|
|
137 |
|
|
|
18 |
|
|
|
31 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,857 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
Valuation allowance |
|
|
(144 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,713 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(809 |
) |
|
|
(720 |
) |
|
|
— |
|
|
|
(2 |
) |
Accelerated depreciation rates |
|
|
(6,989 |
) |
|
|
(3,576 |
) |
|
|
(1,706 |
) |
|
|
(968 |
) |
Regulatory assets and deferred debits |
|
|
(1,219 |
) |
|
|
(658 |
) |
|
|
(216 |
) |
|
|
(136 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(9,017 |
) |
|
|
(4,954 |
) |
|
|
(1,922 |
) |
|
|
(1,106 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
See Tax Credits and NOL Carryforwards table below. |
Tax Credits and NOL Carryforwards
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
(in millions) |
Description |
|
Amount |
|
|
Expiration year |
|
|
|
Investment Tax Credits |
|
$ |
362 |
|
|
2029 – 2031 |
Alternative Minimum Tax Credits |
|
|
145 |
|
|
Indefinite |
Federal NOL |
|
|
274 |
|
|
2031 |
State NOL(a) |
|
|
47 |
|
|
2016 – 2031 |
Foreign NOL(b) |
|
|
102 |
|
|
2015 – 2029; Indefinite |
(a) |
A valuation allowance of $41 million has been recorded on the State NOL Carryforwards, as presented in the Net Deferred Income Tax Liability Components table. |
(b) |
A valuation allowance of $102 million has been recorded on the Foreign NOL Carryforwards, as presented in the Net Deferred Income Tax Liability Components table. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
679 |
|
|
$ |
204 |
|
|
$ |
61 |
|
|
$ |
70 |
|
Tax Credits and NOL Carryforwards |
|
|
554 |
|
|
|
52 |
|
|
|
— |
|
|
|
100 |
|
Other |
|
|
100 |
|
|
|
15 |
|
|
|
19 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,333 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
Valuation allowance |
|
|
(145 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,188 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(781 |
) |
|
|
(675 |
) |
|
|
(11 |
) |
|
|
(41 |
) |
Accelerated depreciation rates |
|
|
(6,052 |
) |
|
|
(2,990 |
) |
|
|
(1,529 |
) |
|
|
(973 |
) |
Regulatory assets and deferred debits |
|
|
(996 |
) |
|
|
(513 |
) |
|
|
(171 |
) |
|
|
(93 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(7,829 |
) |
|
|
(4,178 |
) |
|
|
(1,711 |
) |
|
|
(1,107 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The above amounts have been classified in the Consolidated Balance Sheets as follows:
Deferred Tax Assets (Liabilities)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
210 |
|
|
$ |
46 |
|
|
$ |
33 |
|
|
$ |
13 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
67 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(7,581 |
) |
|
|
(4,555 |
) |
|
|
(1,853 |
) |
|
|
(927 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
236 |
|
|
$ |
81 |
|
|
$ |
9 |
|
|
$ |
41 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
101 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(6,978 |
) |
|
|
(3,988 |
) |
|
|
(1,640 |
) |
|
|
(973 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes and foreign withholding taxes have not been provided on undistributed earnings of Duke Energy's foreign subsidiaries when such amounts are deemed to be indefinitely reinvested. The cumulative undistributed earnings as of December 31, 2011 on which Duke Energy has not provided deferred income taxes and foreign withholding taxes is $1.7 billion. The amount of unrecognized deferred tax liability related to these undistributed earnings is estimated at between $250 million and $325 million.
Changes to Unrecognized Tax Benefits
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
49 |
|
|
|
42 |
|
|
|
4 |
|
|
|
3 |
|
Gross decreases—tax positions in prior periods |
|
|
(18 |
) |
|
|
(8 |
) |
|
|
(5 |
) |
|
|
(3 |
) |
Gross increases—current period tax positions |
|
|
16 |
|
|
|
9 |
|
|
|
4 |
|
|
|
3 |
|
Settlements |
|
|
(4 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
43 |
|
|
|
43 |
|
|
|
3 |
|
|
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
385 |
|
|
$ |
260 |
|
|
$ |
32 |
|
|
$ |
24 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
36 |
|
|
|
14 |
|
|
|
15 |
|
|
|
7 |
|
Gross decreases—tax positions in prior periods |
|
|
(43 |
) |
|
|
(7 |
) |
|
|
(21 |
) |
|
|
(13 |
) |
Gross increases—current period tax positions |
|
|
5 |
|
|
|
3 |
|
|
|
1 |
|
|
|
1 |
|
Settlements |
|
|
(320 |
) |
|
|
(310 |
) |
|
|
2 |
|
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
(322 |
) |
|
|
(300 |
) |
|
|
(3 |
) |
|
|
(7 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
572 |
|
|
$ |
462 |
|
|
$ |
15 |
|
|
$ |
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
132 |
|
|
|
58 |
|
|
|
30 |
|
|
|
22 |
|
Gross decreases—tax positions in prior periods |
|
|
(38 |
) |
|
|
(11 |
) |
|
|
(9 |
) |
|
|
(1 |
) |
Gross increases—current period tax positions |
|
|
11 |
|
|
|
8 |
|
|
|
1 |
|
|
|
2 |
|
Settlements |
|
|
(13 |
) |
|
|
— |
|
|
|
(5 |
) |
|
|
(4 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
92 |
|
|
|
55 |
|
|
|
17 |
|
|
|
19 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table includes information regarding the Duke Energy Registrants unrecognized tax benefits(a).
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amount that if recognized, would affect the effective tax rate or regulatory liability(b) |
|
|
121 |
|
|
|
115 |
|
|
|
— |
|
|
|
— |
|
Amount that if recognized, would be recorded as a component of discontinued operations |
|
|
11 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
(a) |
The Duke Registrants do not anticipate a material increase or decrease in unrecognized tax benefits in the next 12 months. |
(b) |
Duke Energy and Duke Energy Carolinas are unable to estimate the specific amounts that would affect the effective tax rate or regulatory liability. |
The following tables include interest and penalties recognized in the consolidated statements of operations and the consolidated balance sheets:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
12 |
|
|
$ |
5 |
|
|
$ |
— |
|
|
$ |
— |
|
Net interest expense recognized related to income taxes |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
1 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
8 |
|
|
|
5 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
3 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2010 |
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
26 |
|
|
$ |
18 |
|
|
$ |
4 |
|
|
$ |
5 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
33 |
|
|
|
34 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
2 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
3 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2009 |
|
|
|
|
Net interest expense recognized related to income taxes |
|
$ |
7 |
|
|
$ |
— |
|
|
$ |
8 |
|
|
$ |
5 |
|
Duke Energy and its subsidiaries are no longer subject to U.S. federal examination for years before 2004. The years 2004 and 2005 are in Appeals. The Internal Revenue Service (IRS) is currently auditing the federal income tax returns for years 2006 and 2007. With few exceptions, Duke Energy and its subsidiaries are no longer subject to state, local or non-U.S. income tax examinations by tax authorities for years before 1999. |
Duke Energy Ohio [Member]
|
|
Income Taxes |
22. Income Taxes
Duke Energy and its subsidiaries file income tax returns in the U.S. with federal and various state governmental authorities, and in certain foreign jurisdictions. The taxable income of Duke Energy and its subsidiaries is reflected in Duke Energy's U.S. federal and state income tax returns. These subsidiaries have a tax sharing agreement with Duke Energy where the separate return method is used to allocate tax expenses and benefits to the subsidiaries whose investments or results of operations provide these tax expenses and benefits. The accounting for income taxes essentially represents the income taxes that each of these subsidiaries would incur if it were a separate company filing its own tax return as a C-Corporation.
The following details the components of income tax expense:
Income Tax Expense
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(37 |
) |
|
$ |
(122 |
) |
|
$ |
(95 |
) |
|
$ |
95 |
|
State |
|
|
21 |
|
|
|
30 |
|
|
|
1 |
|
|
|
42 |
|
Foreign |
|
|
164 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
148 |
|
|
|
(92 |
) |
|
|
(94 |
) |
|
|
137 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
526 |
|
|
|
531 |
|
|
|
194 |
|
|
|
(38 |
) |
State |
|
|
56 |
|
|
|
40 |
|
|
|
(2 |
) |
|
|
(23 |
) |
Foreign |
|
|
32 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
614 |
|
|
|
571 |
|
|
|
192 |
|
|
|
(61 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(10 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $43 million at Duke Energy, $43 million at Duke Energy Carolinas, $3 million at Duke Energy Ohio and $3 million at Duke Energy Indiana. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(5 |
) |
|
$ |
3 |
|
|
$ |
107 |
|
|
$ |
(3 |
) |
State |
|
|
39 |
|
|
|
(2 |
) |
|
|
8 |
|
|
|
16 |
|
Foreign |
|
|
125 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
159 |
|
|
|
1 |
|
|
|
115 |
|
|
|
13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
639 |
|
|
|
388 |
|
|
|
6 |
|
|
|
123 |
|
State |
|
|
83 |
|
|
|
75 |
|
|
|
12 |
|
|
|
22 |
|
Foreign |
|
|
20 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
742 |
|
|
|
463 |
|
|
|
18 |
|
|
|
145 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(11 |
) |
|
|
(7 |
) |
|
|
(1 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
890 |
|
|
|
457 |
|
|
|
132 |
|
|
|
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(1 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
889 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $392 million at Duke Energy, $300 million at Duke Energy Carolinas, $3 million at Duke Energy Ohio and $7 million at Duke Energy Indiana. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(271 |
) |
|
$ |
(196 |
) |
|
$ |
77 |
|
|
$ |
2 |
|
State |
|
|
3 |
|
|
|
(27 |
) |
|
|
7 |
|
|
|
5 |
|
Foreign |
|
|
96 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
(172 |
) |
|
|
(223 |
) |
|
|
84 |
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
767 |
|
|
|
518 |
|
|
|
97 |
|
|
|
89 |
|
State |
|
|
148 |
|
|
|
89 |
|
|
|
7 |
|
|
|
22 |
|
Foreign |
|
|
27 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
942 |
|
|
|
607 |
|
|
|
104 |
|
|
|
111 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(12 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
758 |
|
|
|
377 |
|
|
|
186 |
|
|
|
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(2 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
756 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $91 million at Duke Energy, uncertain tax expenses of $42 million, $22 million and $20 million at Duke Energy Carolinas, Duke Energy Ohio, and Duke Energy Indiana, respectively. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
Duke Energy Income from Continuing Operations before Income Taxes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Years Ended December 31, |
|
|
|
2011 |
|
|
2010 |
|
|
2009 |
|
|
|
(in millions) |
|
Domestic |
|
$ |
1,780 |
|
|
$ |
1,731 |
|
|
$ |
1,433 |
|
Foreign |
|
|
685 |
|
|
|
479 |
|
|
|
398 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income from continuing operations before income taxes |
|
$ |
2,465 |
|
|
$ |
2,210 |
|
|
$ |
1,831 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reconciliation of Income Tax Expense at the U.S. Federal Statutory Tax Rate to the Actual Tax Expense from Continuing Operations (Statutory Rate Reconciliation)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
863 |
|
|
$ |
457 |
|
|
$ |
102 |
|
|
$ |
85 |
|
State income tax, net of federal income tax effect |
|
|
50 |
|
|
|
46 |
|
|
|
(1 |
) |
|
|
13 |
|
Tax differential on foreign earnings |
|
|
(44 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
AFUDC equity income |
|
|
(91 |
) |
|
|
(59 |
) |
|
|
(2 |
) |
|
|
(31 |
) |
Other items, net |
|
|
(26 |
) |
|
|
28 |
|
|
|
(3 |
) |
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
30.5 |
% |
|
|
36.1 |
% |
|
|
33.1 |
% |
|
|
30.6 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
774 |
|
|
$ |
454 |
|
|
$ |
(108 |
) |
|
$ |
155 |
|
State income tax, net of federal income tax effect |
|
|
82 |
|
|
|
48 |
|
|
|
14 |
|
|
|
26 |
|
Tax differential on foreign earnings |
|
|
(22 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
175 |
|
|
|
— |
|
|
|
237 |
|
|
|
— |
|
AFUDC equity income |
|
|
(82 |
) |
|
|
(61 |
) |
|
|
(2 |
) |
|
|
(20 |
) |
Other items, net |
|
|
(37 |
) |
|
|
16 |
|
|
|
(9 |
) |
|
|
(5 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
890 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
40.3 |
% |
|
|
35.3 |
% |
|
|
(43.0 |
)% |
|
|
35.5 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
641 |
|
|
$ |
378 |
|
|
$ |
(84 |
) |
|
$ |
111 |
|
State income tax, net of federal income tax effect |
|
|
98 |
|
|
|
40 |
|
|
|
9 |
|
|
|
18 |
|
Tax differential on foreign earnings |
|
|
(16 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
130 |
|
|
|
— |
|
|
|
254 |
|
|
|
— |
|
AFUDC equity income |
|
|
(53 |
) |
|
|
(44 |
) |
|
|
1 |
|
|
|
(10 |
) |
Other items, net |
|
|
(42 |
) |
|
|
3 |
|
|
|
6 |
|
|
|
(3 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
758 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
41.4 |
% |
|
|
34.9 |
% |
|
|
(77.5 |
)% |
|
|
36.7 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Valuation allowances have been established for certain foreign and state net operating loss carryforwards that reduce deferred tax assets to an amount that will be realized on a more-likely-than-not basis. The net change in the total valuation allowance is included in Tax differential on foreign earnings and State income tax, net of federal income tax effect in the above table.
Net Deferred Income Tax Liability Components
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
790 |
|
|
$ |
228 |
|
|
$ |
68 |
|
|
$ |
92 |
|
Tax Credits and NOL Carryforwards(a) |
|
|
930 |
|
|
|
199 |
|
|
|
— |
|
|
|
95 |
|
Investments and other assets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
— |
|
Other |
|
|
137 |
|
|
|
18 |
|
|
|
31 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,857 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
Valuation allowance |
|
|
(144 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,713 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(809 |
) |
|
|
(720 |
) |
|
|
— |
|
|
|
(2 |
) |
Accelerated depreciation rates |
|
|
(6,989 |
) |
|
|
(3,576 |
) |
|
|
(1,706 |
) |
|
|
(968 |
) |
Regulatory assets and deferred debits |
|
|
(1,219 |
) |
|
|
(658 |
) |
|
|
(216 |
) |
|
|
(136 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(9,017 |
) |
|
|
(4,954 |
) |
|
|
(1,922 |
) |
|
|
(1,106 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
See Tax Credits and NOL Carryforwards table below. |
Tax Credits and NOL Carryforwards
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
(in millions) |
Description |
|
Amount |
|
|
Expiration year |
|
|
|
Investment Tax Credits |
|
$ |
362 |
|
|
2029 – 2031 |
Alternative Minimum Tax Credits |
|
|
145 |
|
|
Indefinite |
Federal NOL |
|
|
274 |
|
|
2031 |
State NOL(a) |
|
|
47 |
|
|
2016 – 2031 |
Foreign NOL(b) |
|
|
102 |
|
|
2015 – 2029; Indefinite |
(a) |
A valuation allowance of $41 million has been recorded on the State NOL Carryforwards, as presented in the Net Deferred Income Tax Liability Components table. |
(b) |
A valuation allowance of $102 million has been recorded on the Foreign NOL Carryforwards, as presented in the Net Deferred Income Tax Liability Components table. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
679 |
|
|
$ |
204 |
|
|
$ |
61 |
|
|
$ |
70 |
|
Tax Credits and NOL Carryforwards |
|
|
554 |
|
|
|
52 |
|
|
|
— |
|
|
|
100 |
|
Other |
|
|
100 |
|
|
|
15 |
|
|
|
19 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,333 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
Valuation allowance |
|
|
(145 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,188 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(781 |
) |
|
|
(675 |
) |
|
|
(11 |
) |
|
|
(41 |
) |
Accelerated depreciation rates |
|
|
(6,052 |
) |
|
|
(2,990 |
) |
|
|
(1,529 |
) |
|
|
(973 |
) |
Regulatory assets and deferred debits |
|
|
(996 |
) |
|
|
(513 |
) |
|
|
(171 |
) |
|
|
(93 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(7,829 |
) |
|
|
(4,178 |
) |
|
|
(1,711 |
) |
|
|
(1,107 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The above amounts have been classified in the Consolidated Balance Sheets as follows:
Deferred Tax Assets (Liabilities)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
210 |
|
|
$ |
46 |
|
|
$ |
33 |
|
|
$ |
13 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
67 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(7,581 |
) |
|
|
(4,555 |
) |
|
|
(1,853 |
) |
|
|
(927 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
236 |
|
|
$ |
81 |
|
|
$ |
9 |
|
|
$ |
41 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
101 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(6,978 |
) |
|
|
(3,988 |
) |
|
|
(1,640 |
) |
|
|
(973 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes and foreign withholding taxes have not been provided on undistributed earnings of Duke Energy's foreign subsidiaries when such amounts are deemed to be indefinitely reinvested. The cumulative undistributed earnings as of December 31, 2011 on which Duke Energy has not provided deferred income taxes and foreign withholding taxes is $1.7 billion. The amount of unrecognized deferred tax liability related to these undistributed earnings is estimated at between $250 million and $325 million.
Changes to Unrecognized Tax Benefits
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
49 |
|
|
|
42 |
|
|
|
4 |
|
|
|
3 |
|
Gross decreases—tax positions in prior periods |
|
|
(18 |
) |
|
|
(8 |
) |
|
|
(5 |
) |
|
|
(3 |
) |
Gross increases—current period tax positions |
|
|
16 |
|
|
|
9 |
|
|
|
4 |
|
|
|
3 |
|
Settlements |
|
|
(4 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
43 |
|
|
|
43 |
|
|
|
3 |
|
|
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
385 |
|
|
$ |
260 |
|
|
$ |
32 |
|
|
$ |
24 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
36 |
|
|
|
14 |
|
|
|
15 |
|
|
|
7 |
|
Gross decreases—tax positions in prior periods |
|
|
(43 |
) |
|
|
(7 |
) |
|
|
(21 |
) |
|
|
(13 |
) |
Gross increases—current period tax positions |
|
|
5 |
|
|
|
3 |
|
|
|
1 |
|
|
|
1 |
|
Settlements |
|
|
(320 |
) |
|
|
(310 |
) |
|
|
2 |
|
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
(322 |
) |
|
|
(300 |
) |
|
|
(3 |
) |
|
|
(7 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
572 |
|
|
$ |
462 |
|
|
$ |
15 |
|
|
$ |
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
132 |
|
|
|
58 |
|
|
|
30 |
|
|
|
22 |
|
Gross decreases—tax positions in prior periods |
|
|
(38 |
) |
|
|
(11 |
) |
|
|
(9 |
) |
|
|
(1 |
) |
Gross increases—current period tax positions |
|
|
11 |
|
|
|
8 |
|
|
|
1 |
|
|
|
2 |
|
Settlements |
|
|
(13 |
) |
|
|
— |
|
|
|
(5 |
) |
|
|
(4 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
92 |
|
|
|
55 |
|
|
|
17 |
|
|
|
19 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table includes information regarding the Duke Energy Registrants unrecognized tax benefits(a).
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amount that if recognized, would affect the effective tax rate or regulatory liability(b) |
|
|
121 |
|
|
|
115 |
|
|
|
— |
|
|
|
— |
|
Amount that if recognized, would be recorded as a component of discontinued operations |
|
|
11 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
(a) |
The Duke Registrants do not anticipate a material increase or decrease in unrecognized tax benefits in the next 12 months. |
(b) |
Duke Energy and Duke Energy Carolinas are unable to estimate the specific amounts that would affect the effective tax rate or regulatory liability. |
The following tables include interest and penalties recognized in the consolidated statements of operations and the consolidated balance sheets:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
12 |
|
|
$ |
5 |
|
|
$ |
— |
|
|
$ |
— |
|
Net interest expense recognized related to income taxes |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
1 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
8 |
|
|
|
5 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
3 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2010 |
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
26 |
|
|
$ |
18 |
|
|
$ |
4 |
|
|
$ |
5 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
33 |
|
|
|
34 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
2 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
3 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2009 |
|
|
|
|
Net interest expense recognized related to income taxes |
|
$ |
7 |
|
|
$ |
— |
|
|
$ |
8 |
|
|
$ |
5 |
|
Duke Energy and its subsidiaries are no longer subject to U.S. federal examination for years before 2004. The years 2004 and 2005 are in Appeals. The Internal Revenue Service (IRS) is currently auditing the federal income tax returns for years 2006 and 2007. With few exceptions, Duke Energy and its subsidiaries are no longer subject to state, local or non-U.S. income tax examinations by tax authorities for years before 1999. |
Duke Energy Indiana [Member]
|
|
Income Taxes |
22. Income Taxes
Duke Energy and its subsidiaries file income tax returns in the U.S. with federal and various state governmental authorities, and in certain foreign jurisdictions. The taxable income of Duke Energy and its subsidiaries is reflected in Duke Energy's U.S. federal and state income tax returns. These subsidiaries have a tax sharing agreement with Duke Energy where the separate return method is used to allocate tax expenses and benefits to the subsidiaries whose investments or results of operations provide these tax expenses and benefits. The accounting for income taxes essentially represents the income taxes that each of these subsidiaries would incur if it were a separate company filing its own tax return as a C-Corporation.
The following details the components of income tax expense:
Income Tax Expense
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(37 |
) |
|
$ |
(122 |
) |
|
$ |
(95 |
) |
|
$ |
95 |
|
State |
|
|
21 |
|
|
|
30 |
|
|
|
1 |
|
|
|
42 |
|
Foreign |
|
|
164 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
148 |
|
|
|
(92 |
) |
|
|
(94 |
) |
|
|
137 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
526 |
|
|
|
531 |
|
|
|
194 |
|
|
|
(38 |
) |
State |
|
|
56 |
|
|
|
40 |
|
|
|
(2 |
) |
|
|
(23 |
) |
Foreign |
|
|
32 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
614 |
|
|
|
571 |
|
|
|
192 |
|
|
|
(61 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(10 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $43 million at Duke Energy, $43 million at Duke Energy Carolinas, $3 million at Duke Energy Ohio and $3 million at Duke Energy Indiana. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(5 |
) |
|
$ |
3 |
|
|
$ |
107 |
|
|
$ |
(3 |
) |
State |
|
|
39 |
|
|
|
(2 |
) |
|
|
8 |
|
|
|
16 |
|
Foreign |
|
|
125 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
159 |
|
|
|
1 |
|
|
|
115 |
|
|
|
13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
639 |
|
|
|
388 |
|
|
|
6 |
|
|
|
123 |
|
State |
|
|
83 |
|
|
|
75 |
|
|
|
12 |
|
|
|
22 |
|
Foreign |
|
|
20 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
742 |
|
|
|
463 |
|
|
|
18 |
|
|
|
145 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(11 |
) |
|
|
(7 |
) |
|
|
(1 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
890 |
|
|
|
457 |
|
|
|
132 |
|
|
|
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(1 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
889 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $392 million at Duke Energy, $300 million at Duke Energy Carolinas, $3 million at Duke Energy Ohio and $7 million at Duke Energy Indiana. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
(271 |
) |
|
$ |
(196 |
) |
|
$ |
77 |
|
|
$ |
2 |
|
State |
|
|
3 |
|
|
|
(27 |
) |
|
|
7 |
|
|
|
5 |
|
Foreign |
|
|
96 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total current income taxes |
|
|
(172 |
) |
|
|
(223 |
) |
|
|
84 |
|
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
767 |
|
|
|
518 |
|
|
|
97 |
|
|
|
89 |
|
State |
|
|
148 |
|
|
|
89 |
|
|
|
7 |
|
|
|
22 |
|
Foreign |
|
|
27 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income taxes |
|
|
942 |
|
|
|
607 |
|
|
|
104 |
|
|
|
111 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investment tax credit amortization |
|
|
(12 |
) |
|
|
(7 |
) |
|
|
(2 |
) |
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
|
758 |
|
|
|
377 |
|
|
|
186 |
|
|
|
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax benefit from discontinued operations |
|
|
(2 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense included in Consolidated Statements of Operations(a) |
|
$ |
756 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
Included in the "Total current income taxes" line above are uncertain tax benefits relating primarily to certain temporary differences of $91 million at Duke Energy, uncertain tax expenses of $42 million, $22 million and $20 million at Duke Energy Carolinas, Duke Energy Ohio, and Duke Energy Indiana, respectively. The offset to these temporary differences are included in the "Total deferred income taxes" line above. |
Duke Energy Income from Continuing Operations before Income Taxes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Years Ended December 31, |
|
|
|
2011 |
|
|
2010 |
|
|
2009 |
|
|
|
(in millions) |
|
Domestic |
|
$ |
1,780 |
|
|
$ |
1,731 |
|
|
$ |
1,433 |
|
Foreign |
|
|
685 |
|
|
|
479 |
|
|
|
398 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income from continuing operations before income taxes |
|
$ |
2,465 |
|
|
$ |
2,210 |
|
|
$ |
1,831 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Reconciliation of Income Tax Expense at the U.S. Federal Statutory Tax Rate to the Actual Tax Expense from Continuing Operations (Statutory Rate Reconciliation)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
863 |
|
|
$ |
457 |
|
|
$ |
102 |
|
|
$ |
85 |
|
State income tax, net of federal income tax effect |
|
|
50 |
|
|
|
46 |
|
|
|
(1 |
) |
|
|
13 |
|
Tax differential on foreign earnings |
|
|
(44 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
AFUDC equity income |
|
|
(91 |
) |
|
|
(59 |
) |
|
|
(2 |
) |
|
|
(31 |
) |
Other items, net |
|
|
(26 |
) |
|
|
28 |
|
|
|
(3 |
) |
|
|
7 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
752 |
|
|
$ |
472 |
|
|
$ |
96 |
|
|
$ |
74 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
30.5 |
% |
|
|
36.1 |
% |
|
|
33.1 |
% |
|
|
30.6 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
774 |
|
|
$ |
454 |
|
|
$ |
(108 |
) |
|
$ |
155 |
|
State income tax, net of federal income tax effect |
|
|
82 |
|
|
|
48 |
|
|
|
14 |
|
|
|
26 |
|
Tax differential on foreign earnings |
|
|
(22 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
175 |
|
|
|
— |
|
|
|
237 |
|
|
|
— |
|
AFUDC equity income |
|
|
(82 |
) |
|
|
(61 |
) |
|
|
(2 |
) |
|
|
(20 |
) |
Other items, net |
|
|
(37 |
) |
|
|
16 |
|
|
|
(9 |
) |
|
|
(5 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
890 |
|
|
$ |
457 |
|
|
$ |
132 |
|
|
$ |
156 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
40.3 |
% |
|
|
35.3 |
% |
|
|
(43.0 |
)% |
|
|
35.5 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Income tax expense, computed at the statutory rate of 35% |
|
$ |
641 |
|
|
$ |
378 |
|
|
$ |
(84 |
) |
|
$ |
111 |
|
State income tax, net of federal income tax effect |
|
|
98 |
|
|
|
40 |
|
|
|
9 |
|
|
|
18 |
|
Tax differential on foreign earnings |
|
|
(16 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
Goodwill impairment charges |
|
|
130 |
|
|
|
— |
|
|
|
254 |
|
|
|
— |
|
AFUDC equity income |
|
|
(53 |
) |
|
|
(44 |
) |
|
|
1 |
|
|
|
(10 |
) |
Other items, net |
|
|
(42 |
) |
|
|
3 |
|
|
|
6 |
|
|
|
(3 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total income tax expense from continuing operations |
|
$ |
758 |
|
|
$ |
377 |
|
|
$ |
186 |
|
|
$ |
116 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Effective tax rate |
|
|
41.4 |
% |
|
|
34.9 |
% |
|
|
(77.5 |
)% |
|
|
36.7 |
% |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Valuation allowances have been established for certain foreign and state net operating loss carryforwards that reduce deferred tax assets to an amount that will be realized on a more-likely-than-not basis. The net change in the total valuation allowance is included in Tax differential on foreign earnings and State income tax, net of federal income tax effect in the above table.
Net Deferred Income Tax Liability Components
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
790 |
|
|
$ |
228 |
|
|
$ |
68 |
|
|
$ |
92 |
|
Tax Credits and NOL Carryforwards(a) |
|
|
930 |
|
|
|
199 |
|
|
|
— |
|
|
|
95 |
|
Investments and other assets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
— |
|
Other |
|
|
137 |
|
|
|
18 |
|
|
|
31 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,857 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
Valuation allowance |
|
|
(144 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,713 |
|
|
|
445 |
|
|
|
102 |
|
|
|
192 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(809 |
) |
|
|
(720 |
) |
|
|
— |
|
|
|
(2 |
) |
Accelerated depreciation rates |
|
|
(6,989 |
) |
|
|
(3,576 |
) |
|
|
(1,706 |
) |
|
|
(968 |
) |
Regulatory assets and deferred debits |
|
|
(1,219 |
) |
|
|
(658 |
) |
|
|
(216 |
) |
|
|
(136 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(9,017 |
) |
|
|
(4,954 |
) |
|
|
(1,922 |
) |
|
|
(1,106 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(a) |
See Tax Credits and NOL Carryforwards table below. |
Tax Credits and NOL Carryforwards
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
(in millions) |
Description |
|
Amount |
|
|
Expiration year |
|
|
|
Investment Tax Credits |
|
$ |
362 |
|
|
2029 – 2031 |
Alternative Minimum Tax Credits |
|
|
145 |
|
|
Indefinite |
Federal NOL |
|
|
274 |
|
|
2031 |
State NOL(a) |
|
|
47 |
|
|
2016 – 2031 |
Foreign NOL(b) |
|
|
102 |
|
|
2015 – 2029; Indefinite |
(a) |
A valuation allowance of $41 million has been recorded on the State NOL Carryforwards, as presented in the Net Deferred Income Tax Liability Components table. |
(b) |
A valuation allowance of $102 million has been recorded on the Foreign NOL Carryforwards, as presented in the Net Deferred Income Tax Liability Components table. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Deferred credits and other liabilities |
|
$ |
679 |
|
|
$ |
204 |
|
|
$ |
61 |
|
|
$ |
70 |
|
Tax Credits and NOL Carryforwards |
|
|
554 |
|
|
|
52 |
|
|
|
— |
|
|
|
100 |
|
Other |
|
|
100 |
|
|
|
15 |
|
|
|
19 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax assets |
|
|
1,333 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
Valuation allowance |
|
|
(145 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax assets |
|
|
1,188 |
|
|
|
271 |
|
|
|
80 |
|
|
|
175 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Investments and other assets |
|
|
(781 |
) |
|
|
(675 |
) |
|
|
(11 |
) |
|
|
(41 |
) |
Accelerated depreciation rates |
|
|
(6,052 |
) |
|
|
(2,990 |
) |
|
|
(1,529 |
) |
|
|
(973 |
) |
Regulatory assets and deferred debits |
|
|
(996 |
) |
|
|
(513 |
) |
|
|
(171 |
) |
|
|
(93 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total deferred income tax liabilities |
|
|
(7,829 |
) |
|
|
(4,178 |
) |
|
|
(1,711 |
) |
|
|
(1,107 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The above amounts have been classified in the Consolidated Balance Sheets as follows:
Deferred Tax Assets (Liabilities)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
210 |
|
|
$ |
46 |
|
|
$ |
33 |
|
|
$ |
13 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
67 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(7,581 |
) |
|
|
(4,555 |
) |
|
|
(1,853 |
) |
|
|
(927 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(7,304 |
) |
|
$ |
(4,509 |
) |
|
$ |
(1,820 |
) |
|
$ |
(914 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
Current deferred tax assets, included in other current assets |
|
$ |
236 |
|
|
$ |
81 |
|
|
$ |
9 |
|
|
$ |
41 |
|
Non-current deferred tax assets, included in other investments and other assets |
|
|
101 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
Non-current deferred tax liabilities |
|
|
(6,978 |
) |
|
|
(3,988 |
) |
|
|
(1,640 |
) |
|
|
(973 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total net deferred income tax liabilities |
|
$ |
(6,641 |
) |
|
$ |
(3,907 |
) |
|
$ |
(1,631 |
) |
|
$ |
(932 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deferred income taxes and foreign withholding taxes have not been provided on undistributed earnings of Duke Energy's foreign subsidiaries when such amounts are deemed to be indefinitely reinvested. The cumulative undistributed earnings as of December 31, 2011 on which Duke Energy has not provided deferred income taxes and foreign withholding taxes is $1.7 billion. The amount of unrecognized deferred tax liability related to these undistributed earnings is estimated at between $250 million and $325 million.
Changes to Unrecognized Tax Benefits
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2011 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
49 |
|
|
|
42 |
|
|
|
4 |
|
|
|
3 |
|
Gross decreases—tax positions in prior periods |
|
|
(18 |
) |
|
|
(8 |
) |
|
|
(5 |
) |
|
|
(3 |
) |
Gross increases—current period tax positions |
|
|
16 |
|
|
|
9 |
|
|
|
4 |
|
|
|
3 |
|
Settlements |
|
|
(4 |
) |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
43 |
|
|
|
43 |
|
|
|
3 |
|
|
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
385 |
|
|
$ |
260 |
|
|
$ |
32 |
|
|
$ |
24 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2010 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
36 |
|
|
|
14 |
|
|
|
15 |
|
|
|
7 |
|
Gross decreases—tax positions in prior periods |
|
|
(43 |
) |
|
|
(7 |
) |
|
|
(21 |
) |
|
|
(13 |
) |
Gross increases—current period tax positions |
|
|
5 |
|
|
|
3 |
|
|
|
1 |
|
|
|
1 |
|
Settlements |
|
|
(320 |
) |
|
|
(310 |
) |
|
|
2 |
|
|
|
(2 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
(322 |
) |
|
|
(300 |
) |
|
|
(3 |
) |
|
|
(7 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
342 |
|
|
$ |
217 |
|
|
$ |
29 |
|
|
$ |
21 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For the Year Ended December 31, 2009 |
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
Increase/(Decrease) |
|
|
|
(in millions) |
|
Unrecognized Tax Benefits—January 1, |
|
$ |
572 |
|
|
$ |
462 |
|
|
$ |
15 |
|
|
$ |
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits Changes |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross increases—tax positions in prior periods |
|
|
132 |
|
|
|
58 |
|
|
|
30 |
|
|
|
22 |
|
Gross decreases—tax positions in prior periods |
|
|
(38 |
) |
|
|
(11 |
) |
|
|
(9 |
) |
|
|
(1 |
) |
Gross increases—current period tax positions |
|
|
11 |
|
|
|
8 |
|
|
|
1 |
|
|
|
2 |
|
Settlements |
|
|
(13 |
) |
|
|
— |
|
|
|
(5 |
) |
|
|
(4 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Total Changes |
|
|
92 |
|
|
|
55 |
|
|
|
17 |
|
|
|
19 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Unrecognized Tax Benefits—December 31, |
|
$ |
664 |
|
|
$ |
517 |
|
|
$ |
32 |
|
|
$ |
28 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The following table includes information regarding the Duke Energy Registrants unrecognized tax benefits(a).
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Amount that if recognized, would affect the effective tax rate or regulatory liability(b) |
|
|
121 |
|
|
|
115 |
|
|
|
— |
|
|
|
— |
|
Amount that if recognized, would be recorded as a component of discontinued operations |
|
|
11 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
(a) |
The Duke Registrants do not anticipate a material increase or decrease in unrecognized tax benefits in the next 12 months. |
(b) |
Duke Energy and Duke Energy Carolinas are unable to estimate the specific amounts that would affect the effective tax rate or regulatory liability. |
The following tables include interest and penalties recognized in the consolidated statements of operations and the consolidated balance sheets:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2011 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
12 |
|
|
$ |
5 |
|
|
$ |
— |
|
|
$ |
— |
|
Net interest expense recognized related to income taxes |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
1 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
8 |
|
|
|
5 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
3 |
|
|
|
3 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2010 |
|
|
|
|
Net interest income recognized related to income taxes |
|
$ |
26 |
|
|
$ |
18 |
|
|
$ |
4 |
|
|
$ |
5 |
|
Interest receivable related to income taxes included in the consolidated balance sheets |
|
|
33 |
|
|
|
34 |
|
|
|
— |
|
|
|
— |
|
Interest payable related to income taxes included in the consolidated balance sheets |
|
|
— |
|
|
|
— |
|
|
|
1 |
|
|
|
2 |
|
Accruals for the payment of penalties included in the consolidated balance sheets |
|
|
3 |
|
|
|
— |
|
|
|
— |
|
|
|
— |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Duke Energy |
|
|
Duke Energy Carolinas |
|
|
Duke Energy Ohio |
|
|
Duke Energy Indiana |
|
|
|
(in millions) |
|
December 31, 2009 |
|
|
|
|
Net interest expense recognized related to income taxes |
|
$ |
7 |
|
|
$ |
— |
|
|
$ |
8 |
|
|
$ |
5 |
|
Duke Energy and its subsidiaries are no longer subject to U.S. federal examination for years before 2004. The years 2004 and 2005 are in Appeals. The Internal Revenue Service (IRS) is currently auditing the federal income tax returns for years 2006 and 2007. With few exceptions, Duke Energy and its subsidiaries are no longer subject to state, local or non-U.S. income tax examinations by tax authorities for years before 1999. |