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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes [Text Block] Income Taxes
The components of income tax provision attributable to continuing operations were as follows:
 
Years Ended December 31,
2018
 
2017
 
2016
(in millions)
Current income tax
 
 
 
 
 
Federal
$
275

 
$
468

 
$
245

State and local
45

 
58

 
44

Foreign
41

 
52

 
23

Total current income tax
361

 
578

 
312

 
 
 
 
 
 
Deferred income tax
 
 
 
 
 
Federal
20

 
169

 
(36
)
State and local
2

 
(5
)
 
3

Foreign
3

 
(8
)
 
(1
)
Total deferred income tax
25

 
156

 
(34
)
Total income tax provision
$
386

 
$
734

 
$
278


On December 22, 2017, the Tax Act was signed into law. The provision for income taxes for the year ended December 31, 2017 included an expense of $286 million due to the enactment of the Tax Act. The $286 million expense included: 1) a $221 million expense for the remeasurement of deferred tax assets and liabilities to the Tax Act’s statutory rate of 21%; 2) a $57 million expense for the foreign provisions of the Tax Act, including a deemed repatriation tax of the Company’s total post-1986 earnings and profits (“E&P”); and 3) an $8 million expense for the remeasurement of tax contingencies, specifically state tax contingencies and interest accrued for tax contingencies. In 2018, the Company finalized its accounting related to the Tax Act and recorded a $3 million benefit related to foreign provisions.
The geographic sources of pretax income from continuing operations were as follows:
 
Years Ended December 31,
2018
 
2017
 
2016
(in millions)
United States
$
2,263

 
$
1,988

 
$
1,411

Foreign
221

 
226

 
180

Total
$
2,484

 
$
2,214

 
$
1,591


The principal reasons that the aggregate income tax provision attributable to continuing operations is different from that computed by using the U.S. statutory rates of 21% for 2018 and 35% for 2017 and 2016 were as follows:
 
Years Ended December 31,
2018
 
2017
 
2016
Tax at U.S. statutory rate
21.0
 %
 
35.0
 %
 
35.0
 %
Changes in taxes resulting from:
 
 
 
 
 
Low income housing tax credits
(3.2
)
 
(3.4
)
 
(4.2
)
Dividends received deduction
(1.6
)
 
(5.8
)
 
(7.6
)
State taxes, net of federal benefit
1.5

 

 
1.9

Foreign tax credits, net of addback
(1.1
)
 

 
(1.6
)
Impact of the Tax Act

 
13.0

 

Incentive compensation

 
(3.0
)
 

Foreign taxes

 
(2.0
)
 
(2.5
)
Taxes applicable to prior years

 

 
(3.1
)
Other, net
(1.1
)
 
(0.7
)
 
(0.5
)
Income tax provision
15.5
 %
 
33.1
 %
 
17.4
 %

The decrease in the Company’s effective tax rate for the year ended December 31, 2018 compared to 2017 is primarily the result of the decrease in the federal statutory rate and a $286 million expense in 2017 due to provisions of the Tax Act, partially offset by lower levels of the dividends received deduction and a decrease in the benefit for net excess tax benefits related to employee share-based payments. The increase in the Company’s effective tax rate for the year ended December 31, 2017 compared to 2016 was primarily due to a $286 million expense in 2017 due to provisions of the Tax Act, including remeasurement of net deferred tax assets, a deemed repatriation of E&P and remeasurement of tax contingencies, partially offset by a $70 million benefit for net excess tax benefits related to the adoption of a new accounting standard for employee share-based payments.
Accumulated earnings of certain foreign subsidiaries, which totaled $13 million as of December 31, 2018, are intended to be permanently reinvested outside the United States. The expected incremental tax expense on these earnings relates to potential unrecoverable foreign withholding taxes if the earnings are distributed. As of December 31, 2018, this potential future cost is estimated to be immaterial.
Deferred income tax assets and liabilities result from temporary differences between the assets and liabilities measured for GAAP reporting versus income tax return purposes. Deferred income tax assets and liabilities are measured at the statutory rate of 21% as of both December 31, 2018 and 2017. The significant components of the Company’s deferred income tax assets and liabilities, which are included net within other assets or other liabilities on the Consolidated Balance Sheets, were as follows:
 
December 31,
2018
 
2017
(in millions)
Deferred income tax assets
Liabilities for policyholder account balances, future policy benefits and claims
$
725

 
$
620

Deferred compensation
329

 
345

Investment related
145

 
245

Postretirement benefits
44

 
34

Other
57

 
66

Gross deferred income tax assets
1,300

 
1,310

Less: valuation allowance
20

 
17

Total deferred income tax assets
1,280

 
1,293

 
 
 
 
Deferred income tax liabilities
 
 
 
Deferred acquisition costs
437

 
446

Intangible assets
104

 
93

Depreciation expense
101

 
93

Goodwill
60

 
52

Deferred sales inducement costs
53

 
62

Net unrealized gains on Available-for-Sale securities
30

 
162

Other
6

 
7

Gross deferred income tax liabilities
791

 
915

Net deferred income tax assets
$
489

 
$
378


Included in the Company’s deferred income tax assets are tax benefits primarily related to state net operating losses of $20 million, net of federal benefit, which will expire beginning December 31, 2019. Based on analysis of the Company’s tax position, management believes it is more likely than not that the Company will not realize certain state net operating losses and state deferred tax assets; therefore, a valuation allowance of $20 million has been established.
A reconciliation of the beginning and ending amount of gross unrecognized tax benefits was as follows:
 
2018
 
2017
 
2016
(in millions)
Balance at January 1
$
76

 
$
115

 
$
161

Additions based on tax positions related to the current year
22

 
16

 
15

Additions for tax positions of prior years
9

 
3

 
33

Reductions for tax positions of prior years
(3
)
 
(57
)
 
(87
)
Audit settlements
(12
)
 
(1
)
 
(7
)
Balance at December 31
$
92

 
$
76

 
$
115


If recognized, approximately $70 million, $58 million and $46 million, net of federal tax benefits, of unrecognized tax benefits as of
December 31, 2018, 2017, and 2016, respectively, would affect the effective tax rate.
It is reasonably possible that the total amounts of unrecognized tax benefits will change in the next 12 months. The Company estimates that the total amount of gross unrecognized tax benefits may decrease by $30 million to $40 million in the next 12 months primarily due to Internal Revenue Service (“IRS”) settlements and state exams.
The Company recognizes interest and penalties related to unrecognized tax benefits as a component of the income tax provision. The Company recognized a net increase of $2 million, nil, and a net decrease of $43 million in interest and penalties for the years ended December 31, 2018, 2017, and 2016, respectively. As of December 31, 2018 and 2017, the Company had a payable of $10 million and $8 million, respectively, related to accrued interest and penalties.
The Company or one or more of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. In the first quarter of 2018, the Company received cash settlements for final resolution of the 2008 through 2010 IRS audits. In the third quarter of 2018, the Company reached an agreement with IRS appeals to resolve the 2012 and 2013 audits. Accordingly, the Company’s IRS audits are effectively settled through 2013. The IRS is currently auditing the Company’s U.S. income tax returns for 2014 and 2015. The Company’s state income tax returns are currently under examination by various jurisdictions for years ranging from 2009 through 2017. In the United Kingdom (“UK”), Her Majesty’s Revenue and Customs is performing a business risk review of the company’s UK subsidiaries for the 2016 tax year.