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INCOME TAXES
12 Months Ended
Dec. 31, 2012
INCOME TAXES

6) INCOME TAXES

Components of income tax expense/(benefit) are as follows (amounts in thousands):

 

     Year Ended December 31,  
     2012     2011      2010  

Current

       

Federal

   $ 254,021      $ 165,409       $ 105,077   

Foreign

     9,084        300         2,555   

State

     39,076        22,901         16,547   
  

 

 

   

 

 

    

 

 

 
     302,181        188,610         124,179   

Deferred

       

Federal and foreign

     (21,408     53,056         26,419   

State

     (6,157     5,800         1,704   
  

 

 

   

 

 

    

 

 

 
     (27,565     58,856         28,123   
  

 

 

   

 

 

    

 

 

 

Total

   $ 274,616      $ 247,466       $ 152,302   
  

 

 

   

 

 

    

 

 

 

Deferred taxes are required to be classified based on the financial statement classification of the related assets and liabilities which give rise to temporary differences. Deferred taxes result from temporary differences between the financial statement carrying amounts and the tax bases of assets and liabilities. The components of deferred taxes are as follows (amounts in thousands):

 

     Year Ended December 31,  
     2012     2011  

Deferred income tax assets:

    

Self-insurance reserves

   $ 112,587      $ 115,201   

Compensation accruals

     47,571        49,717   

State and foreign net operating loss carryforwards and other state and foreign deferred tax assets

     54,874        52,506   

Other currently non-deductible accrued liabilities

     29,934        19,699   

Net pension liability—OCI only

     12,061        13,959   

Doubtful accounts and other reserves

     17,562        17,345   

Other combined items—OCI only

     15,282        17,684   
  

 

 

   

 

 

 
     289,871        286,111   

Less: Valuation Allowance

     (44,511     (42,143
  

 

 

   

 

 

 

Net deferred income tax assets:

     245,360        243,968   

Deferred income tax liabilities:

    

Depreciable and amortizable assets

     (322,317     (342,655

Other deferred tax liabilities

     (2,329     (2,581
  

 

 

   

 

 

 

Net deferred income tax liabilities

   $ (79,286   $ (101,268
  

 

 

   

 

 

 

There was no material impact of deferred taxes recorded in conjunction with the acquisition of Ascend Health Corporation.

 

The effective tax rates, as calculated by dividing the provision for income taxes by income before income taxes, were as follows for each of the years ended December 31, 2012, 2011 and 2010 (dollar amounts in thousands):

 

     2012     2011     2010  

Provision for income taxes

   $ 274,616      $ 247,466      $ 152,302   

Income before income taxes

     763,663        696,336        428,097   
  

 

 

   

 

 

   

 

 

 

Effective tax rate

     36.0     35.5     35.6
  

 

 

   

 

 

   

 

 

 

Impacting the effective tax rates during 2012 was approximately $1 million favorable discrete tax item recorded to adjust the estimated liabilities for uncertain tax positions. Impacting the effective tax rates during 2011 was approximately $1 million favorable discrete tax item recorded to adjust the estimated liabilities for uncertain tax positions. Impacting the effective tax rates during 2010 were the following items: (i) $5 million unfavorable discrete tax item recorded to adjust the non-deductible portion of certain transaction costs incurred during 2010 in connection with our acquisition of PSI; (ii) a $4 million unfavorable discrete tax item recorded to adjust for the non-deductible, $9 million charge incurred from split-dollar life insurance agreements entered into during 2010 on the lives of our chief executive officer and his wife, partially offset by; (iii) a $4 million favorable discrete tax item recorded during 2010 to adjust the estimated non-deductible portion of the previously disclosed South Texas Health System settlement with the government based upon the final agreement.

A reconciliation between the federal statutory rate and the effective tax rate is as follows:

 

     Year Ended December 31,  
     2012     2011     2010  

Federal statutory rate

     35.0     35.0     35.0

State taxes, net of federal income tax benefit

     3.0        2.9        3.1   

Nondeductible transaction costs

     0.2        —         1.3   

Other items

     0.1        0.4        0.4   

Impact of income attributable to noncontrolling interests

     (2.3     (2.8     (4.2
  

 

 

   

 

 

   

 

 

 

Effective tax rate

     36.0     35.5     35.6
  

 

 

   

 

 

   

 

 

 

Included in “Other current assets” on our Consolidated Balance Sheet are prepaid federal, foreign, and state income taxes amounting to approximately $7 million and $25 million as of December 31, 2012 and 2011, respectively.

The net deferred tax assets and liabilities are comprised as follows (amounts in thousands):

 

     Year Ended December 31,  
     2012     2011  

Current deferred taxes

    

Assets

   $ 105,639      $ 109,297   

Liabilities

     (1,178     (973
  

 

 

   

 

 

 

Total deferred taxes-current

     104,461        108,324   
  

 

 

   

 

 

 

Noncurrent deferred taxes

    

Assets

     142,065        135,189   

Liabilities

     (325,812     (344,781
  

 

 

   

 

 

 

Total deferred taxes-noncurrent

     (183,747     (209,592
  

 

 

   

 

 

 

Total deferred tax liabilities

   $ (79,286   $ (101,268
  

 

 

   

 

 

 

 

The assets and liabilities classified as current relate primarily to the allowance for uncollectible patient accounts, compensation-related accruals and the current portion of the temporary differences related to self- insurance reserves. At December 31, 2012, state net operating loss carryforwards (expiring in years 2013 through 2032), and credit carryforwards available to offset future taxable income approximated $959 million, representing approximately $48 million in deferred state tax benefit (net of the federal benefit). At December 31, 2012, related to the acquisition of PSI, there were federal net operating losses of approximately $1 million expiring in 2022 representing approximately $0.4 million in deferred federal tax benefits and foreign net operating loss carryforwards of approximately $9 million expiring through 2021 representing approximately $3 million in deferred foreign tax benefit.

A valuation allowance is required when it is more likely than not that some portion of the deferred tax assets will not be realized. Based on available evidence, it is more likely than not that certain of our state tax benefits will not be realized. Therefore, valuation allowances of approximately $41 million and $39 million have been reflected as of December 31, 2012 and 2011, respectively. During 2012, the valuation allowance on these state tax benefits increased by approximately $2 million due to additional net operating losses incurred. In addition, valuation allowances of approximately $3 million have been reflected as of December 31, 2012 and 2011 related to foreign net operating losses. There were no significant increases in valuation allowances as a result of the acquisition of Ascend Health Corporation.

We adopted the provisions of Accounting for Uncertainty in Income Taxes effective January 1, 2007. During 2012 and 2011, the estimated liabilities for uncertain tax positions (including accrued interest and penalties) were increased in the amount of approximately $1 million due to tax positions taken in the current and prior years. There was no significant increase in 2012 attributable to tax positions taken by Ascend Health Corporation on pre-acquisition tax return years. Also during 2012, the estimated liabilities for uncertain tax positions (including accrued interest and penalties) were reduced due to the lapse of the statute of limitations resulting in a net income tax benefit of approximately $1 million. The balance at each of December 31, 2012 and 2011, if subsequently recognized, that would favorably affect the effective tax rate and the provision for income taxes is approximately $4 million and $5 million respectively.

We recognize accrued interest and penalties associated with uncertain tax positions as part of the tax provision. As of December 31, 2012 and 2011, we have approximately $1 million of accrued interest and penalties. The U.S. federal statute of limitations remains open for the 2009 and subsequent years. Foreign and U.S. state and local jurisdictions have statutes of limitations generally ranging for 3 to 4 years. The statute of limitations on certain jurisdictions could expire within the next twelve months. It is reasonably possible that the amount of unrecognized tax benefits will change during the next 12 months however it is anticipated that any such change, if it were to occur, would not have a material impact on our results of operations.

The tabular reconciliation of unrecognized tax benefits for the years ended December 31, 2012, 2011 and 2010 is as follows (amounts in thousands).

 

     As of December 31,  
     2012     2011     2010  

Balance at January 1,

   $ 7,403      $ 7,923      $ 5,754   

Additions based on tax positions related to the current year

     200        750        1,219   

Additions for tax positions of prior years

     386        419        2,076   

Reductions for tax positions of prior years

     (1,165     (1,628     (907

Settlements

     —         (61     (219
  

 

 

   

 

 

   

 

 

 

Balance at December 31,

   $ 6,824      $ 7,403      $ 7,923