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INCOME TAXES
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
 
 
 
 
 
(In Millions)

 
2016
 
2015
 
2014
Income from continuing operations before income taxes:
 
 
 
 
 
U.S. 
$
614

 
$
496

 
$
270

Foreign
216

 
193

 
237

 
$
830

 
$
689

 
$
507

Income tax expense (benefit) on income from continuing operations:
 
 
 
 
 
Currently payable:
 
 
 
 
 
U.S. Federal
$
73

 
$
10

 
$
3

State and local
24

 
27

 
1

Foreign
69

 
56

 
67

Deferred:
 
 
 
 
 
U.S. Federal
140

 
192

 
(401
)
State and local
2

 
3

 
(21
)
Foreign
(12
)
 
5

 
(10
)
 
$
296

 
$
293

 
$
(361
)
Deferred tax assets at December 31:
 
 
 
 
 
Receivables
$
10

 
$
9

 
 
Inventories
17

 
17

 
 
Other assets, including stock-based compensation
58

 
78

 
 
Accrued liabilities
53

 
77

 
 
Long-term liabilities
280

 
266

 
 
Net operating loss carryforward
51

 
39

 
 
Tax credit carryforward
9

 
55

 
 
 
478

 
541

 
 
Valuation allowance
(45
)
 
(49
)
 
 
 
433

 
492

 
 
Deferred tax liabilities at December 31:
 
 
 
 
 
Property and equipment
127

 
104

 
 
Intangibles
222

 
212

 
 
Investment in foreign subsidiaries
15

 
8

 
 
Other
21

 
1

 
 
 
385

 
325

 
 
Net deferred tax asset at December 31
$
48

 
$
167

 
 
The net deferred tax asset consisted of net deferred tax assets (included in other assets) of $68 million and $184 million, and net deferred tax liabilities (included in other liabilities) of $20 million and $17 million, at December 31, 2016 and 2015, respectively.
The current portion of the state and local income tax includes an $8 million, $5 million and $8 million tax benefit from the reversal of an accrual for uncertain tax positions resulting primarily from the expiration of applicable statutes of limitations and favorable settlements on state audits in 2016, 2015 and 2014, respectively. The deferred portion of the state and local taxes includes a $5 million, $(1) million and $(29) million tax expense (benefit) resulting from a change in the valuation allowance against state and local deferred tax assets in 2016, 2015 and 2014, respectively. The deferred portion of the foreign taxes includes $6 million, $12 million and $(6) million tax expense (benefit) from a change in the valuation allowance against foreign deferred tax assets in 2016, 2015 and 2014, respectively.

S. INCOME TAXES (Continued)
The accounting guidance for income taxes requires us to allocate our provision for income taxes between continuing operations and other categories of earnings, such as other comprehensive income (loss).  Subsequent adjustments to deferred taxes originally recorded to other comprehensive income (loss) may reverse in a different category of earnings, such as continuing operations resulting in a disproportionate tax effect within accumulated other comprehensive loss.
We created a $14 million disproportionate tax effect in prior years as the result of allocating a deferred tax charge to other comprehensive income (loss) on the unrealized gain of certain available-for-sale securities that was later reversed through continuing operations by a valuation allowance adjustment, followed by the disposition of the securities while in a full valuation allowance position.  Such disproportionate tax effect has remained in accumulated other comprehensive loss until such time as we cease to have an available-for-sale securities portfolio.  In the fourth quarter of 2016 as a result of our final auction rate securities being called by our counterparty and redeemed, the disproportionate tax effect was eliminated by recording a $14 million charge to income tax expense included in continuing operations that was offset by a corresponding tax benefit included in other comprehensive income (loss).
In the fourth quarter of 2016, we recorded a $13 million tax benefit from the recognition of a deferred tax asset on certain German net operating losses primarily resulting from a return to sustainable profitability.
During 2015 we recorded a $21 million valuation allowance against certain deferred tax assets related to TopBuild as a non-cash charge to income tax expense. The TopBuild deferred tax assets have been impaired by our decision to spin off TopBuild into a separate company that on a stand-alone basis as of June 30, 2015, the spin off date, was unlikely to be able to realize the value of such deferred tax assets as a result of its history of losses.
Our capital management strategy includes the repurchase of Masco common stock, the payment of dividends, the pay-down of debt and the funding of potential acquisitions both within and outside the U.S. In order to provide greater flexibility in the execution of our capital management strategy, we determined in the fourth quarter of 2015 that we may repatriate earnings from certain foreign subsidiaries that were previously considered permanently reinvested. As a result, we recorded a $19 million charge to income tax expense in 2015 to recognize the required taxes on foreign earnings, including those previously considered permanently reinvested. Our December 31, 2016 and 2015, deferred tax balances on investment in foreign subsidiaries reflects the impact of all taxable temporary differences, including those related to substantially all undistributed foreign earnings, except those that are legally restricted.
The tax benefit from certain stock-based compensation is not recognized as a deferred tax asset until the tax deduction reduces cash taxes. During 2015, we recorded deferred tax assets of $53 million to paid-in capital related to additional net operating losses, previously not recognized, that were used to reduce cash taxes on our 2015 taxable income.
In the third quarter of 2014, we recorded a $517 million tax benefit from the release of the valuation allowance against our U.S. Federal and certain state deferred tax assets due primarily to a return to sustainable profitability in our U.S. operations. In reaching this conclusion, we considered the continued improvement in both the new home construction market and repair and remodel activity in the U.S. and our progress on strategic initiatives to reduce costs and expand our product leadership positions which contributed to the continued improvement in our U.S. operations over the past few years. We recorded an additional $12 million tax benefit during 2014 from the release of the valuation allowances against certain U.K. and Mexican deferred tax assets primarily resulting from a return to sustainable profitability in these jurisdictions.
We continue to maintain a valuation allowance on certain state and foreign deferred tax assets as of December 31, 2016. Should we determine that we would not be able to realize our remaining deferred tax assets in these jurisdictions in the future, an adjustment to the valuation allowance would be recorded in the period such determination is made.
Of the $60 million and $94 million deferred tax asset related to the net operating loss and tax credit carryforwards at December 31, 2016 and December 31, 2015, respectively, $35 million and $67 million will expire between 2021 and 2036 and $25 million and $27 million are unlimited, respectively.




S. INCOME TAXES (Continued)
A reconciliation of the U.S. Federal statutory tax rate to the income tax expense (benefit) on income from continuing operations was as follows:
 
2016
 
2015
 
2014
U.S. Federal statutory tax rate – expense
35
 %
 
35
 %
 
35
 %
State and local taxes, net of U.S. Federal tax benefit
2

 
3

 
(2
)
Lower taxes on foreign earnings
(2
)
 
(1
)
 
(5
)
U.S. and foreign taxes on distributed and undistributed foreign earnings
1

 
3

 

Domestic production deduction
(1
)
 

 

U.S. Federal valuation allowance

 
3

 
(98
)
Other, net
1

 

 
(1
)
Effective tax rate – expense (benefit)
36
 %
 
43
 %
 
(71
)%

Income taxes paid were $190 million, $107 million and $80 million in 2016, 2015 and 2014, respectively.
A reconciliation of the beginning and ending liability for uncertain tax positions, including related interest and penalties, is as follows, in millions:
 
Uncertain
Tax Positions
 
Interest and
Penalties
 
Total
Balance at January 1, 2015
$
39

 
$
9

 
$
48

Current year tax positions:
 
 
 
 
 
Additions
10

 

 
10

Prior year tax positions:
 
 
 
 
 
Additions
1

 

 
1

Reductions
(1
)
 

 
(1
)
Lapse of applicable statute of limitations
(6
)
 

 
(6
)
Interest and penalties recognized in income tax expense

 
1

 
1

Balance at December 31, 2015
$
43

 
$
10

 
$
53

Current year tax positions:
 
 
 
 
 
Additions
11

 

 
11

Reductions
(1
)
 

 
(1
)
Prior year tax positions:
 
 
 
 
 
Additions
1

 

 
1

Reductions
(2
)
 

 
(2
)
Lapse of applicable statute of limitations
(6
)
 

 
(6
)
Interest and penalties recognized in income tax expense

 
(1
)
 
(1
)
Balance at December 31, 2016
$
46

 
$
9

 
$
55


If recognized, $30 million and $28 million of the liability for uncertain tax positions at December 31, 2016 and 2015, respectively, net of any U.S. Federal tax benefit, would impact our effective tax rate.
Of the $55 million and $53 million total liability for uncertain tax positions (including related interest and penalties) at December 31, 2016 and 2015, respectively, $54 million and $52 million are recorded in other liabilities, respectively, and $1 million is recorded as a net offset to other assets at both dates.



S. INCOME TAXES (Concluded)
We file income tax returns in the U.S. Federal jurisdiction, and various local, state and foreign jurisdictions. We continue to participate in the Compliance Assurance Program ("CAP"). CAP is a real-time audit of the U.S. Federal income tax return that allows the Internal Revenue Service ("IRS"), working in conjunction with us, to determine tax return compliance with the U.S. Federal tax law prior to filing the return. This program provides us with greater certainty about our tax liability for a given year within months, rather than years, of filing our annual tax return and greatly reduces the need for recording a liability for U.S. Federal uncertain tax positions. The IRS has completed their examination of our consolidated U.S. Federal tax returns through 2015. With few exceptions, we are no longer subject to state or foreign income tax examinations on filed returns for years before 2005.
As a result of tax audit closings, settlements and the expiration of applicable statutes of limitations in various jurisdictions within the next 12 months, we anticipate that it is reasonably possible the liability for uncertain tax positions could be reduced by approximately $6 million.