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Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 10. INCOME TAXES

 

Provision for Income Taxes

(In millions)2013 2012 2011
         
Current tax expense (benefit)$ (268) $1,379 $783
Deferred tax expense (benefit) from temporary differences  (724)  (858)  123
Total$ (992) $521 $906
         

GE and GECC file a consolidated U.S. federal income tax return. This enables GE to use GECC tax deductions and credits to reduce the tax that otherwise would have been payable by GE. The GECC effective tax rate for each period reflects the benefit of these deductions on the consolidated return. GE makes cash payments to GECC for these reductions at the time GE's tax payments are due.

 

U.S. earnings from continuing operations before income taxes were $2,845 million, $4,496 million and $3,202 million in 2013, 2012 and 2011, respectively. The corresponding amounts for non-U.S.-based operations were $4,474 million, $3,433 million and $4,311 million in 2013, 2012 and 2011, respectively.

 

Current tax expense (benefit) includes amounts applicable to U.S. federal income taxes of $(1,287) million, $(6) million and $(2,063) million in 2013, 2012 and 2011, respectively, related to the benefit from our deductions and credits applied against GE's current U.S. tax expense. Current tax expense amounts applicable to non-U.S. jurisdictions were $1,020 million, $1,436 million and $2,999 million in 2013, 2012 and 2011, respectively. Deferred taxes related to U.S. federal income taxes were an expense (benefit) of $(474) million, $30 million and $1,613 million in 2013, 2012 and 2011, respectively, and amounts applicable to non-U.S. jurisdictions of a benefit of $(269) million, $(815) million and $(1,621) million in 2013, 2012 and 2011, respectively.

 

Deferred income tax balances reflect the effects of temporary differences between the carrying amounts of assets and liabilities and their tax bases, as well as from net operating loss and tax credit carryforwards, and are stated at enacted tax rates expected to be in effect when taxes are actually paid or recovered. Deferred income tax assets represent amounts available to reduce income taxes payable on taxable income in future years. We evaluate the recoverability of these future tax deductions and credits by assessing the adequacy of future expected taxable income from all sources, including reversal of taxable temporary differences, forecasted operating earnings and available tax planning strategies. To the extent we do not consider it more likely than not that a deferred tax asset will be recovered, a valuation allowance is established.

 

Our businesses are subject to regulation under a wide variety of U.S. federal, state and foreign tax laws, regulations and policies. Changes to these laws or regulations may affect our tax liability, return on investments and business operations. For example, GE's effective tax rate is reduced because active business income earned and indefinitely reinvested outside the United States is taxed at less than the U.S. rate. A significant portion of this reduction depends upon a provision of U.S. tax law that defers the imposition of U.S. tax on certain active financial services income until that income is repatriated to the United States as a dividend. This provision is consistent with international tax norms and permits U.S. financial services companies to compete more effectively with foreign banks and other foreign financial institutions in global markets. This provision, which had expired at the end of 2011, was reinstated in January 2013 retroactively for two years through the end of 2013. The provision had been scheduled to expire and had been extended by Congress on six previous occasions, but there can be no assurance that it will continue to be extended. In the event the provision is not extended after 2013, the current U.S. tax imposed on active financial services income earned outside the United States would increase, making it more difficult for U.S. financial services companies to compete in global markets. If this provision is not extended, we expect our effective tax rate to increase significantly after 2014.

 

We have not provided U.S. deferred taxes on cumulative earnings of non-U.S. affiliates and associated companies that have been reinvested indefinitely. These earnings relate to ongoing operations and, at December 31, 2013 and December 31, 2012, were approximately $73 billion and $72 billion, respectively. Most of these earnings have been reinvested in active non-U.S. business operations and we do not intend to repatriate these earnings to fund U.S. operations. Because of the availability of U.S. foreign tax credits, it is not practicable to determine the U.S. federal income tax liability that would be payable if such earnings were not reinvested indefinitely. Deferred taxes are provided for earnings of non-U.S. affiliates and associated companies when we plan to remit those earnings.

 

Annually, GE files over 5,800 income tax returns in over 250 global taxing jurisdictions a substantial portion of which includes our activities. We are under examination or engaged in tax litigation in many of these jurisdictions. During 2013, the Internal Revenue Service (IRS) completed the audit of our consolidated U.S. income tax returns for 2008-2009, except for certain issues that remain under examination. During 2011, the IRS completed the audit of our consolidated U.S. income tax returns for 2006-2007, except for certain issues that remained under examination. At December 31, 2013, the IRS was auditing our consolidated U.S. income tax returns for 2010-2011. In addition, certain other U.S. tax deficiency issues and refund claims for previous years were unresolved. The IRS has disallowed the tax loss on our 2003 disposition of ERC Life Reinsurance Corporation. We have contested the disallowance of this loss. It is reasonably possible that the unresolved items could be resolved during the next 12 months, which could result in a decrease in our balance of “unrecognized tax benefits” – that is, the aggregate tax effect of differences between tax return positions and the benefits recognized in our financial statements. We believe that there are no other jurisdictions in which the outcome of unresolved issues or claims is likely to be material to our results of operations, financial position or cash flows. We further believe that we have made adequate provision for all income tax uncertainties. Resolution of audit matters, including the IRS audit of our consolidated U.S. income tax returns for 2008-2009, reduced our 2013 consolidated income tax rate by 1.3 percentage points. Resolution of audit matters, including the IRS audit of our consolidated U.S. income tax returns for 2006-2007, reduced our 2011 consolidated effective tax rate by 3.0 percentage points.

 

The balance of unrecognized tax benefits, the amount of related interest and penalties we have provided and what we believe to be the range of reasonably possible changes in the next 12 months were:

 

December 31 (In millions)2013 2012
      
Unrecognized tax benefits$3,223 $3,106
   Portion that, if recognized, would reduce tax expense and effective tax rate(a) 2,346  2,253
Accrued interest on unrecognized tax benefits 570  559
Accrued penalties on unrecognized tax benefits 97  101
Reasonably possible reduction to the balance of unrecognized     
   tax benefits in succeeding 12 months 0-800  0-400
   Portion that, if recognized, would reduce tax expense and effective tax rate(a) 0-250  0-350
      

 

  • Some portion of such reduction might be reported as discontinued operations.

 

A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows:

 

(In millions)2013 2012
      
Balance at January 1$3,106 $2,932
Additions for tax positions of the current year 79  181
Reductions for tax positions of the current year (1)  (9)
Additions for tax positions of prior years 657  522
Reductions for tax positions of prior years (617)  (377)
Settlements with tax authorities (1)  (141)
Expiration of the statute of limitations –   (2)
Balance at December 31$3,223 $3,106
      
      

We classify interest on tax deficiencies as interest expense; we classify income tax penalties as provision for income taxes. For the years ended December 31, 2013, 2012 and 2011, $11 million, $(20) million and $(254) million of interest expense (income), respectively, and $6 million, $22 million and $(8) million of tax expense (income) related to penalties, respectively, were recognized in the Statement of Earnings.

 

Reconciliation of U.S. Federal Statutory Income Tax Rate to Actual Income Tax Rate

 2013 2012 2011 
          
U.S. federal statutory income tax rate  35.0%  35.0%  35.0%
Increase (reduction) in rate resulting from         
    Tax on global activities including exports(a)  (45.0)   (18.4)   (14.7) 
    U.S. business credits(b)  (4.6)   (4.3)   (4.7) 
Business Property disposition  -   (4.2)   - 
    All other - net  1.0   (1.5)   (3.5) 
   (48.6)   (28.4)   (22.9) 
Actual income tax rate  (13.6)%  6.6%  12.1%
          
          

  • Included (13.3)% related to the sale of 68.5% of our Swiss consumer finance bank, Cembra Money Bank AG (Cembra), through an initial public offering in 2013.
  • U.S. general business credits, primarily the credit for energy produced from renewable sources, the advanced energy project credit and the low-income housing credit.

 

 

Deferred Income Taxes

Principal components of our net liability (asset) representing deferred income tax balances are as follows:

 

December 31 (In millions)2013 2012
      
Assets     
Non-U.S. loss carryforwards(a)$ (3,791) $ (3,049)
Allowance for losses  (2,640)   (1,975)
Investment in global subsidiaries  (1,883)   (1,689)
Other - net  (4,910)   (5,163)
Total deferred income tax assets  (13,224)   (11,876)
      
Liabilities     
Operating leases  6,284   6,141
Financing leases  4,075   4,506
Intangible assets  1,943   1,666
Net unrealized gains on securities  145   314
Cash flow hedges  163   115
Other - net  5,400   5,134
Total deferred income tax liabilities  18,010   17,876
      
Net deferred income tax liability$ 4,786 $ 6,000
      
      

(a)       Net of valuation allowances of $862 million and $628 million for 2013 and 2012, respectively. Of the net deferred tax asset as of December 31, 2013, of $3,791 million, $17 million relates to net operating loss carryforwards that expire in various years ending from December 31, 2014, through December 31, 2016; $427 million relates to net operating losses that expire in various years ending from December 31, 2017 through December 31, 2028 and $3,347 million relates to net operating loss carryforwards that may be carried forward indefinitely.