Note 14: Income Taxes

Income (loss) from operations before provision (benefit) for income taxes consisted of:


	Years ended December 31,
In millions	2011		2010			2009
Domestic	$	(2,231)	$	(146	)	$	1,100
Foreign		(8)		51			117

Income (loss) before income taxes	$	(2,239)	$	(95	)	$	1,217

The Company files a consolidated tax return that includes all of its U.S. subsidiaries and foreign branches. The Company also files tax returns in the United Kingdom ("U.K."), France, Spain, and various state and local jurisdictions. Income tax expense (benefit) on income (loss) and shareholders' equity consisted of:


	Years ended December 31,
In millions	2011		2010		2009
Current taxes:
Federal	$	(1)	$	91	$	(488	)
State		1		(17)		5
Foreign		15		(1)		(25	)
Deferred taxes:
Federal		(919)		(239)		1,046
State		0		—		—
Foreign		(16)		18		45

Provision (benefit) for income taxes		(920)		(148)		583

Income taxes charged (credited) to shareholders' equity related to:
Total adjustments due to the adoption of new accounting standards		—		(21)		(3	)
Change in unrealized gains and losses on investments		119		112		526
Change in other-than-temporary impairment losses		3		(4)		(50	)
Change in fair value of derivative instruments		3		(7)		46
Change in foreign currency translation		(1)		2		4
Share-based compensation		4		3		5

Total income taxes charged (credited) to shareholders' equity		128		85		528

Total effect of income taxes	$	(792)	$	(63)	$	1,111

A reconciliation of the U.S. federal statutory tax rate of 35% to the Company's effective income tax rate for the years ended December 31, 2011, 2010 and 2009 is presented in the following table:


	Years ended December 31,
	2011		2010		2009
Federal income tax computed at the statutory rates		35.0%		35.0%		35.0%
Increase (reduction) in taxes resulting from:
Tax-exempt interest		1.5%		40.2%		(3.1)%
Mark-to-market on warrants		0.3%		(11.2)%		0.0%
Change in valuation allowance		6.2%		119.4%		13.8%
Change in uncertain tax positions		(1.0)%		(22.3)%		0.0%
State income tax, net of federal benefit		0.0%		11.5%		0.3%
Deferred tax inventory adjustment		0.0%		(13.6)%		0.7%
Foreign taxes		0.1%		(1.8)%		(1.6)%
Other		(1.0)%		(1.4)%		2.8%

Effective tax rate		41.1%		155.8%		47.9%

Deferred Tax Asset, Net of Valuation Allowance

The Company recognizes deferred tax assets and liabilities for the expected future tax consequences of events that have been included in the financial statements or tax returns. Deferred tax assets and liabilities are determined based on the differences between the financial statement and tax bases of assets and liabilities using enacted tax rates in effect for the year in which the differences are expected to reverse. The effect of a change in tax rates on tax assets and liabilities is recognized in income in the period that includes the enactment date.

The tax effects of temporary differences that give rise to deferred tax assets and liabilities as of December 31, 2011 and 2010 are presented in the following table:


	As of December 31,
In millions	2011		2010
Deferred tax liabilities:
Unearned premium revenue	$	174	$	61
Loss and loss adjustment expense reserves		31		493
Deferral of cancellation of indebtedness income		119		119
Deferred acquisition costs		123		144
Investments in VIEs		154		173
Other		—		216

Total gross deferred tax liabilities		601		1,206

Deferred tax assets:
Compensation and employee benefits		40		40
Net operating loss and tax credit carryforwards		330		274
Capital loss carryforward and other-than-temporary impairments		236		376
Net unrealized losses on insured derivatives		1,614		1,442
Net losses on financial instruments at fair value and foreign exchange		58		41
Net unrealized losses in accumulated other comprehensive income		105		229
Alternative minimum tax credit carryforward		22		45
Net deferred taxes on VIEs		73		43
Other		104		—

Total gross deferred tax assets		2,582		2,490

Valuation allowance		236		376

Net deferred tax asset	$	1,745	$	908

The Company establishes a valuation allowance against its deferred tax asset when it is more likely than not that all or a portion of the deferred tax asset will not be realized. All evidence, both positive and negative, needs to be identified and considered in making the determination. Future realization of the existing deferred tax asset ultimately depends, in part, on the existence of sufficient taxable income of appropriate character (for example, ordinary income versus capital gains) within the carryforward period available under the tax law.

As of December 31, 2011, the Company reported a net deferred tax asset of $1.7 billion. The $1.7 billion deferred tax asset is net of a $236 million valuation allowance. As of December 31, 2011, the Company had a full valuation allowance against the deferred tax asset related to losses from asset impairments and realized losses from sales of investments as these losses are considered capital losses, have a five year carryforward period, and can only be used to offset capital gain income. The 2011 valuation allowance reflects a decrease of $140 million from the 2010 valuation allowance of $376 million. The change in the valuation allowance for the year ended December 31, 2011 was primarily due to generation of capital gains on asset sales and the re-characterization of certain impairments as bad debts resulting in ordinary losses. The remaining valuation allowance reflects the fact that the Company cannot predict capital gains in future years.

The Company has concluded that it is more likely than not that the remaining deferred tax assets will be realized. In its conclusion, the Company considered the following evidence (both positive and negative):

•

Due to the long-tail nature of the financial guarantee business, MBIA Inc.'s insurance subsidiaries, without regard to any new business, will have a steady stream of scheduled premium earnings with respect to the existing insured portfolio. Additionally, MBIA Corp.'s announcement in February 2008 of a temporary suspension in writing new structured finance transactions and a permanent cessation with respect to insuring new CDS contracts, except in transactions related to the reduction of existing derivative exposure, would not have an impact on the expected earnings related to the existing insured portfolio.

•

The Company performed taxable income projections over a fifteen and twenty year period to determine whether it will have sufficient income to offset its deferred tax asset that will generate future ordinary deductions. In this analysis, the Company concluded that premium earnings, even without regard to any new business, combined with investment income, less deductible expenses, will be sufficient to recover its net deferred tax asset. The Company's taxable income projections used to assess the recoverability of its deferred tax asset include an estimate of future loss and LAE equal to the present value discount of loss reserves already recognized on the balance sheet and an estimate of loss adjustment expense which is generally insignificant. The Company does not assume additional losses, with the exception of the accretion of its existing present value loss reserves, because the Company establishes case basis reserves on a present value basis based on an estimate of probable losses on specifically identified credits that have defaulted or are expected to default.

•

While the ratings downgrades by the rating agencies have significantly adversely impacted the Company's ability to write new insurance business, the downgrades did not have a material impact on earnings from the existing insured portfolio, which the Company believes will be sufficient to absorb losses in the event that the cumulative unrealized losses become fully impaired.

•

With respect to installment policies, the Company generally does not have an automatic cancellation provision solely in connection with ratings downgrades. For purposes of projecting future taxable income, the Company has applied a discount to adjust for the possible cancellation of future installment premiums based on recent data. With regard to upfront policies, to the extent that the issuer chooses to terminate a policy, any unearned premium reserve with respect to that policy will be accelerated into earnings (i.e. refundings).

•

As of December 31, 2011, the Company had approximately $105 million of deferred tax assets related to net unrealized losses on investments included in accumulated other comprehensive income (loss). The Company intends to hold these investments until maturity or until such time as the value recovers. As such, the Company expects that the related deferred tax assets will reverse over the life of the securities.

After reviewing all of the evidence available, both positive and negative, MBIA believes that it has appropriately valued the recoverability of its deferred tax assets, net of the valuation allowance, as of December 31, 2011. The Company continues to assess the adequacy of its valuation allowance as additional evidence becomes available. The Company's recent financial results have been volatile which has impacted management's ability to accurately project future taxable income. Continued volatility or losses beyond those projected may cause the Company to conclude that certain of the deferred tax assets within the $1.7 billion as of December 31, 2011 may not be realizable.

Treatment of Undistributed Earnings of Certain Foreign Subsidiaries—"Accounting for Income Taxes—Special Areas"

No U.S. deferred income taxes have been provided on the differences in the book and tax basis in the Company's carrying value of MBIA UK and other entities because of the Company's practice and intent to permanently reinvest these earnings. The cumulative amounts of such differences were $15 million, $3 million and $57 million as of December 31, 2011, 2010 and 2009, respectively. The estimated tax liability with respect to this difference was $5 million as of December 31, 2011.

Five-Year NOL Carryback

On November 6, 2009, as part of The Worker, Homeownership, and Business Assistance Act of 2009, the NOL carryback provision of the Internal Revenue Code was amended to allow all businesses with NOLs in either 2008 or 2009 (but not both) to elect to claim refunds of taxes paid within the prior five years. In the fifth preceding year of the carryback period, the recovery is limited to 50% of taxable income for that carryback year. There is no such limitation to the first four preceding years of the carryback period.

In April 2010, the Company filed its 2009 tax return and elected to carryback its reported NOL under the five-year carryback provision. In the second quarter of 2010, the Company received a tax refund with respect to its carryback in the amount of $391 million which it allocated to the members of its affiliated group in accordance with the tax allocation agreement. In September 2010, the Company filed a superseding and final tax return which reported an additional tax loss. A subsequent carryback claim was filed before December 31, 2010 requesting an additional refund of $41 million, which has been received and allocated among the members of MBIA.

Accounting for Uncertainty in Income Taxes

It is the Company's policy to record and disclose interest and penalties related to uncertainty in the accounting for income taxes as a component of income tax expense in the statements of operations. For the years ended December 31, 2011, 2010, and 2009, the Company recorded interest of $1.5 million, $0.6 million, and $0.5 million, respectively. As of December 31, 2011, 2010 and 2009 the amounts related to interest and penalties included in the consolidated balance sheets were not material.

The following table presents the change in the UTB during 2009, 2010 and 2011:


In millions
Unrecognized tax positions as of January 1, 2009	$	19
The gross amount of the increase (decrease) in UTB as a result of tax positions taken:
During a prior year		2
The amounts of decreases in the UTB related to settlement with taxing authorities:		(11)

Unrecognized tax positions as of December 31, 2009	$	10
The gross amount of the increase (decrease) in UTB as a result of tax positions taken:
During a prior year		21
The reduction to UTB as a result of the applicable statute of limitations		(5	)

Unrecognized tax positions as of December 31, 2010	$	26
The gross amount of the increase (decrease) in UTB as a result of tax positions taken:
During a prior year		21

Unrecognized tax positions as of December 31, 2011	$	47

For the years ended December 31, 2011, 2010, and 2009, the portion of the UTB that, if recognized, would affect the effective tax rate was approximately $47 million, $25 million, and $9 million, respectively.

MBIA's major tax jurisdictions include the U.S. and the U.K. MBIA and its U.S. subsidiaries file a U.S. consolidated federal income tax return. The Internal Revenue Service ("IRS") has concluded its field work with respect to the examination of tax years 2004 through 2009. On January 12, 2012, the Joint Committee on Taxation notified the Company that the results of the IRS field examination were reviewed and accepted.

The U.K. tax authorities are currently auditing tax years 2005 through 2009. The New York State tax authorities are currently auditing the New York State combined tax returns for the years 2005 through 2007. The Company expects the examinations to be concluded before December 31, 2012.

The total amount of UTB is expected to decrease within the next 12 months due to finalizing adjustments and concluding all significant tax examinations. The range of this possible change to the amount of the unrecognized tax benefit is $20 million to $25 million.

As of December 31, 2011, the Company has a 2008 capital loss carryforward of $155 million which will expire in 2013. The Company also has a cumulative NOL carryforward of $943 million, which will expire from tax years 2029 through 2031, and a minimum tax credit carryforward of $22 million, which has an unlimited carryforward period.