XML 34 R26.htm IDEA: XBRL DOCUMENT  v2.3.0.11
Income Taxes and Other Taxes
6 Months Ended
Jun. 30, 2011
Income Taxes and Other Taxes

16. Income Taxes and Other 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 table includes information regarding the Duke Energy Registrants unrecognized tax benefits.

 

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 2000.

The effective tax rates for each of the Duke Energy Registrants are as follows:

 

     Three Months Ended
June 30,
    Six Months Ended
June 30,
 
     2011     2010     2011     2010  

Duke Energy

     30.4     (114.2 )%      30.8     60.1

Duke Energy Carolinas

     35.5     30.0     35.3     33.9

Duke Energy Ohio

     9.6     5.4     30.4     (4.3 )% 

Duke Energy Indiana

     29.3     36.1     32.3     34.9

As discussed in Note 7, in the second quarter of 2010, Duke Energy recorded a non-deductible goodwill impairment charge of $500 million and Duke Energy Ohio recorded non-deductible goodwill impairment charges of $677 million. In the first quarter of 2010, a $17 million write-off of deferred tax assets was recorded due to a change in tax treatment of the Medicare Part D subsidy due to the passing of the health care reform legislation. Of this amount, $14 million was recorded by Duke Energy Carolinas. In the second quarter of 2011, Duke Energy Ohio recorded a reduction of deferred tax liabilities as a result of the transfer of certain gas-fired generation assets to its wholly owned subsidiary Duke Energy Commercial Asset Management, LLC (DECAM).

Excise Taxes. Certain excise taxes levied by state or local governments are collected by the Duke Energy Registrants from its customers. These taxes, which are required to be paid regardless of the Duke Energy Registrants' ability to collect from the customer, are accounted for on a gross basis. When each of the Duke Energy Registrants act as an agent, and the tax is not required to be remitted if it is not collected from the customer, the taxes are accounted for on a net basis. Excise taxes for each Duke Energy Registrant accounted for on a gross basis and recorded as revenues in the respective Condensed Consolidated Statements of Operations were as follows:

 

     Three Months Ended
June 30,
     Six Months Ended
June 30,
 
     2011      2010      2011      2010  
     (in millions)      (in millions)  

Duke Energy Carolinas

   $ 37       $ 38       $ 73       $ 76   

Duke Energy Ohio

     25         25         59         62   

Duke Energy Indiana

     7         7         15         14   
  

 

 

    

 

 

    

 

 

    

 

 

 

Total Duke Energy

   $ 69       $ 70       $ 147       $ 152   
  

 

 

    

 

 

    

 

 

    

 

 

 
Duke Energy Corp [Member]
 
Income Taxes and Other Taxes

16. Income Taxes and Other 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 table includes information regarding the Duke Energy Registrants unrecognized tax benefits.

 

June 30, 2011    Duke
Energy
     Duke
Energy
Carolinas
     Duke
Energy
Ohio
     Duke
Energy
Indiana
 
     (in millions)  

Unrecognized tax benefits(a)

   $ 358       $ 238       $ 26       $ 19   

Amount that if recognized, would affect the effective tax rate or regulatory liability(b)

     121         113         —           —     

Amount that if recognized, would be recorded as a component of discontinued operations

     11         —           —           —     

December 31, 2010

           

Unrecognized tax benefits(a)

     342         217         29         21   

 

(a) The Duke Registrants do not anticipate a significant increase or decrease in unrecognized tax benefits in the next twelve 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.

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 2000.

The effective tax rates for each of the Duke Energy Registrants are as follows:

 

     Three Months Ended
June 30,
    Six Months Ended
June 30,
 
     2011     2010     2011     2010  

Duke Energy

     30.4     (114.2 )%      30.8     60.1

Duke Energy Carolinas

     35.5     30.0     35.3     33.9

Duke Energy Ohio

     9.6     5.4     30.4     (4.3 )% 

Duke Energy Indiana

     29.3     36.1     32.3     34.9

As discussed in Note 7, in the second quarter of 2010, Duke Energy recorded a non-deductible goodwill impairment charge of $500 million and Duke Energy Ohio recorded non-deductible goodwill impairment charges of $677 million. In the first quarter of 2010, a $17 million write-off of deferred tax assets was recorded due to a change in tax treatment of the Medicare Part D subsidy due to the passing of the health care reform legislation. Of this amount, $14 million was recorded by Duke Energy Carolinas. In the second quarter of 2011, Duke Energy Ohio recorded a reduction of deferred tax liabilities as a result of the transfer of certain gas-fired generation assets to its wholly owned subsidiary Duke Energy Commercial Asset Management, LLC (DECAM).

Excise Taxes. Certain excise taxes levied by state or local governments are collected by the Duke Energy Registrants from its customers. These taxes, which are required to be paid regardless of the Duke Energy Registrants' ability to collect from the customer, are accounted for on a gross basis. When each of the Duke Energy Registrants act as an agent, and the tax is not required to be remitted if it is not collected from the customer, the taxes are accounted for on a net basis. Excise taxes for each Duke Energy Registrant accounted for on a gross basis and recorded as revenues in the respective Condensed Consolidated Statements of Operations were as follows:

 

     Three Months Ended
June 30,
     Six Months Ended
June 30,
 
     2011      2010      2011      2010  
     (in millions)      (in millions)  

Duke Energy Carolinas

   $ 37       $ 38       $ 73       $ 76   

Duke Energy Ohio

     25         25         59         62   

Duke Energy Indiana

     7         7         15         14   
  

 

 

    

 

 

    

 

 

    

 

 

 

Total Duke Energy

   $ 69       $ 70       $ 147       $ 152   
  

 

 

    

 

 

    

 

 

    

 

 

 
Duke Energy Carolinas [Member]
 
Income Taxes and Other Taxes

16. Income Taxes and Other 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 table includes information regarding the Duke Energy Registrants unrecognized tax benefits.

 

June 30, 2011    Duke
Energy
     Duke
Energy
Carolinas
     Duke
Energy
Ohio
     Duke
Energy
Indiana
 
     (in millions)  

Unrecognized tax benefits(a)

   $ 358       $ 238       $ 26       $ 19   

Amount that if recognized, would affect the effective tax rate or regulatory liability(b)

     121         113         —           —     

Amount that if recognized, would be recorded as a component of discontinued operations

     11         —           —           —     

December 31, 2010

           

Unrecognized tax benefits(a)

     342         217         29         21   

 

(a) The Duke Registrants do not anticipate a significant increase or decrease in unrecognized tax benefits in the next twelve 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.

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 2000.

The effective tax rates for each of the Duke Energy Registrants are as follows:

 

     Three Months Ended
June 30,
    Six Months Ended
June 30,
 
     2011     2010     2011     2010  

Duke Energy

     30.4     (114.2 )%      30.8     60.1

Duke Energy Carolinas

     35.5     30.0     35.3     33.9

Duke Energy Ohio

     9.6     5.4     30.4     (4.3 )% 

Duke Energy Indiana

     29.3     36.1     32.3     34.9

As discussed in Note 7, in the second quarter of 2010, Duke Energy recorded a non-deductible goodwill impairment charge of $500 million and Duke Energy Ohio recorded non-deductible goodwill impairment charges of $677 million. In the first quarter of 2010, a $17 million write-off of deferred tax assets was recorded due to a change in tax treatment of the Medicare Part D subsidy due to the passing of the health care reform legislation. Of this amount, $14 million was recorded by Duke Energy Carolinas. In the second quarter of 2011, Duke Energy Ohio recorded a reduction of deferred tax liabilities as a result of the transfer of certain gas-fired generation assets to its wholly owned subsidiary Duke Energy Commercial Asset Management, LLC (DECAM).

Excise Taxes. Certain excise taxes levied by state or local governments are collected by the Duke Energy Registrants from its customers. These taxes, which are required to be paid regardless of the Duke Energy Registrants' ability to collect from the customer, are accounted for on a gross basis. When each of the Duke Energy Registrants act as an agent, and the tax is not required to be remitted if it is not collected from the customer, the taxes are accounted for on a net basis. Excise taxes for each Duke Energy Registrant accounted for on a gross basis and recorded as revenues in the respective Condensed Consolidated Statements of Operations were as follows:

 

     Three Months Ended
June 30,
     Six Months Ended
June 30,
 
     2011      2010      2011      2010  
     (in millions)      (in millions)  

Duke Energy Carolinas

   $ 37       $ 38       $ 73       $ 76   

Duke Energy Ohio

     25         25         59         62   

Duke Energy Indiana

     7         7         15         14   
  

 

 

    

 

 

    

 

 

    

 

 

 

Total Duke Energy

   $ 69       $ 70       $ 147       $ 152   
  

 

 

    

 

 

    

 

 

    

 

 

 
Duke Energy Ohio [Member]
 
Income Taxes and Other Taxes

16. Income Taxes and Other 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 table includes information regarding the Duke Energy Registrants unrecognized tax benefits.

 

June 30, 2011    Duke
Energy
     Duke
Energy
Carolinas
     Duke
Energy
Ohio
     Duke
Energy
Indiana
 
     (in millions)  

Unrecognized tax benefits(a)

   $ 358       $ 238       $ 26       $ 19   

Amount that if recognized, would affect the effective tax rate or regulatory liability(b)

     121         113         —           —     

Amount that if recognized, would be recorded as a component of discontinued operations

     11         —           —           —     

December 31, 2010

           

Unrecognized tax benefits(a)

     342         217         29         21   

 

(a) The Duke Registrants do not anticipate a significant increase or decrease in unrecognized tax benefits in the next twelve 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.

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 2000.

The effective tax rates for each of the Duke Energy Registrants are as follows:

 

     Three Months Ended
June 30,
    Six Months Ended
June 30,
 
     2011     2010     2011     2010  

Duke Energy

     30.4     (114.2 )%      30.8     60.1

Duke Energy Carolinas

     35.5     30.0     35.3     33.9

Duke Energy Ohio

     9.6     5.4     30.4     (4.3 )% 

Duke Energy Indiana

     29.3     36.1     32.3     34.9

As discussed in Note 7, in the second quarter of 2010, Duke Energy recorded a non-deductible goodwill impairment charge of $500 million and Duke Energy Ohio recorded non-deductible goodwill impairment charges of $677 million. In the first quarter of 2010, a $17 million write-off of deferred tax assets was recorded due to a change in tax treatment of the Medicare Part D subsidy due to the passing of the health care reform legislation. Of this amount, $14 million was recorded by Duke Energy Carolinas. In the second quarter of 2011, Duke Energy Ohio recorded a reduction of deferred tax liabilities as a result of the transfer of certain gas-fired generation assets to its wholly owned subsidiary Duke Energy Commercial Asset Management, LLC (DECAM).

Excise Taxes. Certain excise taxes levied by state or local governments are collected by the Duke Energy Registrants from its customers. These taxes, which are required to be paid regardless of the Duke Energy Registrants' ability to collect from the customer, are accounted for on a gross basis. When each of the Duke Energy Registrants act as an agent, and the tax is not required to be remitted if it is not collected from the customer, the taxes are accounted for on a net basis. Excise taxes for each Duke Energy Registrant accounted for on a gross basis and recorded as revenues in the respective Condensed Consolidated Statements of Operations were as follows:

 

     Three Months Ended
June 30,
     Six Months Ended
June 30,
 
     2011      2010      2011      2010  
     (in millions)      (in millions)  

Duke Energy Carolinas

   $ 37       $ 38       $ 73       $ 76   

Duke Energy Ohio

     25         25         59         62   

Duke Energy Indiana

     7         7         15         14   
  

 

 

    

 

 

    

 

 

    

 

 

 

Total Duke Energy

   $ 69       $ 70       $ 147       $ 152   
  

 

 

    

 

 

    

 

 

    

 

 

 
Duke Energy Indiana [Member]
 
Income Taxes and Other Taxes

16. Income Taxes and Other 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 table includes information regarding the Duke Energy Registrants unrecognized tax benefits.

 

June 30, 2011    Duke
Energy
     Duke
Energy
Carolinas
     Duke
Energy
Ohio
     Duke
Energy
Indiana
 
     (in millions)  

Unrecognized tax benefits(a)

   $ 358       $ 238       $ 26       $ 19   

Amount that if recognized, would affect the effective tax rate or regulatory liability(b)

     121         113         —           —     

Amount that if recognized, would be recorded as a component of discontinued operations

     11         —           —           —     

December 31, 2010

           

Unrecognized tax benefits(a)

     342         217         29         21   

 

(a) The Duke Registrants do not anticipate a significant increase or decrease in unrecognized tax benefits in the next twelve 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.

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 2000.

The effective tax rates for each of the Duke Energy Registrants are as follows:

 

     Three Months Ended
June 30,
    Six Months Ended
June 30,
 
     2011     2010     2011     2010  

Duke Energy

     30.4     (114.2 )%      30.8     60.1

Duke Energy Carolinas

     35.5     30.0     35.3     33.9

Duke Energy Ohio

     9.6     5.4     30.4     (4.3 )% 

Duke Energy Indiana

     29.3     36.1     32.3     34.9

As discussed in Note 7, in the second quarter of 2010, Duke Energy recorded a non-deductible goodwill impairment charge of $500 million and Duke Energy Ohio recorded non-deductible goodwill impairment charges of $677 million. In the first quarter of 2010, a $17 million write-off of deferred tax assets was recorded due to a change in tax treatment of the Medicare Part D subsidy due to the passing of the health care reform legislation. Of this amount, $14 million was recorded by Duke Energy Carolinas. In the second quarter of 2011, Duke Energy Ohio recorded a reduction of deferred tax liabilities as a result of the transfer of certain gas-fired generation assets to its wholly owned subsidiary Duke Energy Commercial Asset Management, LLC (DECAM).

Excise Taxes. Certain excise taxes levied by state or local governments are collected by the Duke Energy Registrants from its customers. These taxes, which are required to be paid regardless of the Duke Energy Registrants' ability to collect from the customer, are accounted for on a gross basis. When each of the Duke Energy Registrants act as an agent, and the tax is not required to be remitted if it is not collected from the customer, the taxes are accounted for on a net basis. Excise taxes for each Duke Energy Registrant accounted for on a gross basis and recorded as revenues in the respective Condensed Consolidated Statements of Operations were as follows:

 

     Three Months Ended
June 30,
     Six Months Ended
June 30,
 
     2011      2010      2011      2010  
     (in millions)      (in millions)  

Duke Energy Carolinas

   $ 37       $ 38       $ 73       $ 76   

Duke Energy Ohio

     25         25         59         62   

Duke Energy Indiana

     7         7         15         14   
  

 

 

    

 

 

    

 

 

    

 

 

 

Total Duke Energy

   $ 69       $ 70       $ 147       $ 152