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Income Taxes
6 Months Ended
Jun. 30, 2012
Income Tax Expense (Benefit) [Abstract]  
Income Taxes
INCOME TAXES
We had unrecognized tax benefits of $49.9 million and $48.1 million at June 30, 2012 and December 31, 2011, respectively. The amount of unrecognized tax benefits including the federal benefit of state taxes, if recognized, that would affect the effective tax rate is $28.9 million and $26.5 million at June 30, 2012 and December 31, 2011, respectively.
At June 30, 2012, we believe that it is reasonably possible that the balance of the gross unrecognized tax benefits could decrease by $1.5 million to $15.0 million in the next twelve months due to ongoing activities with various taxing jurisdictions that we expect may give rise to settlements or the expiration of statutes of limitations. We continually evaluate expiring statutes of limitations, audits, proposed settlements, changes in tax laws and new authoritative rulings.
We recognize accrued interest and penalties associated with uncertain tax positions as part of the income tax provision. As of January 1, 2012, accrued interest and penalties associated with uncertain tax positions were $21.4 million and $10.0 million, respectively. During the six months ended June 30, 2012, we accrued an additional $2.1 million in potential interest and accrued an additional $0.7 million in potential penalties associated with uncertain tax positions.
We file income tax returns in the U.S. federal jurisdiction, and various state, local, and foreign jurisdictions. Our U.S. federal income tax returns prior to fiscal 2006 are no longer subject to tax examinations. Our federal income tax returns for fiscal 2006, 2007, 2008, 2009 and 2010 are under audit by the Internal Revenue Service ("IRS"). Foreign and state jurisdictions have statutes of limitations that generally range from three to five years. With few exceptions, we are no longer subject to state and local, or non-U.S. income tax examinations by tax authorities prior to fiscal 2005. Certain of our state tax returns are currently under examination in various state tax jurisdictions. As of October 1, 2010, we are included in GM's consolidated U.S. federal income tax return and will continue to be included in subsequent year returns filed by GM. These tax years are subject to examination by the tax authorities. Similarly, we also file unitary, combined or consolidated state and local tax returns with GM in certain jurisdictions. In some taxing jurisdictions where filing a separate income tax return is mandated, we will continue to file separately.
For taxable income recognized by us in any period beginning on or after October 1, 2010, we are obligated to pay GM for our separate federal or state tax liabilities. Likewise, GM is obligated to reimburse us for the tax effects of net operating losses to the extent such losses are carried back by us to a period beginning on or after October 1, 2010, determined as if we had filed separate income tax returns. Amounts owed to or from GM for income tax are accrued and recorded as an intercompany payable or receivable. Under our tax sharing arrangement with GM, payments for the tax years 2010 through 2013 are deferred for three years from their original due date. The total amount of deferral is not to exceed $650 million. Any difference between the amounts to be paid or received under our tax sharing arrangement with GM and our separate return basis used for financial reporting purposes would be reported in our consolidated financial statements as additional paid-in capital. As of June 30, 2012, we have recorded intercompany taxes payable to GM in the amount of $478.2 million representing the tax effects of income earned subsequent to the merger with GM.
Our effective income tax rate was 37.1% and 37.5% for the three and six months ended June 30, 2012, respectively. Our effective income tax rate was 33.5% and 36.9% for the three and six months ended June 30, 2011, respectively.