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An in-depth analysis of deferred taxes, their calculation, and the sources of differences between book income and taxable income. It also discusses the controversial fin 48r guidance and the impact of tax net operating loss carryforwards and tax credit carryforwards on deferred tax assets. Examples and financial statements from a company's 10-k report.
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Financial Instruments
Amortized Cost Unrealized Gain/ (Loss) Fair Value US Government & Agency $ 120 $ (1) $ 119 Asset Backed Securities 16 — 16 Corporate Bonds 18 — 18 Municipal Bonds 2 — 2 Auction Rate Securities 31 (3) 28 Commercial Paper 333 — 333 Bank Time Deposits 28 — 28 Money Market 546 — 546 Total $ 1,094 $ (4) $ 1, Included in cash and cash equivalents $ 911 Included in short term investments 151 Included in long term investments 28 $ 1,
June 27, 2008 June 29, Due in less than 1 year $ 432 $^2007 916 Due in 1 to 3 years 85 27 $ 517 $ 943
June 27, 2008 June 29, 2007 Carrying Amount Estimated Fair Value Carrying Amount Estimated (In millions)^ Fair^ Value Cash equivalents $ 911 $ 911 $ 862 $ 862 Short-term investments 151 151 157 156 Long-term investments 28 28 — — Floating Rate Senior Notes due October 2009 (300) (293) (300) (300) 6.375% Senior Notes due October 2011 (599) (584) (599) (588) 6.8% Senior Notes due October 2016 (599) (555) (598) (577) 6.8% Convertible Senior Notes due April 2010 (135) (142) (135) (145) 5.75% Subordinated Debentures due March 2012 (41) (40) (45) (45) 2.375% Convertible Senior Notes due August 2012 (326) (422) (326) (455) LIBOR Based China Manufacturing Facility Loan (30) ( 30 ) (60) (60)
Useful Life in Years June 27, 2008 June 29, 2007 (In millions) Land $ 21 $ 21 Equipment 3 - 5 4,404 4, Building and leasehold improvements Life of lease - 48 992 731 Construction in progress 428 348 5,845 5, Less accumulated depreciation and amortization (3,381) (2,826) $ 2,464 $ 2,
Fiscal Years Ended June 27, 2008 June 29, 2007 June 30, (In millions)^2006 Current Tax Expense (Benefit): U.S. Federal $ 8 $ 6 $ 35 U.S. State 10 (1) 7 Foreign 26 8 19 Total Current $ 44 $ 13 $ 61 Deferred Tax Expense (Benefit): U.S. Federal $ 34 $ (319) $ 29 U.S. State 3 (40) 4 Foreign (14) (6) (10) Total Deferred $ 23 $ (365) $ 23 Provision for (Benefit from) income taxes $ 67 $ (352) $ 84 Income before income taxes consisted of the following: Fiscal Years Ended June 27, 2008 June 29, 2007 June 30, (In millions)^2006 U.S $ 90 $ (125) $ (18) Foreign 1,239 686 942 $ 1,329 $ 561 $ 924 For fiscal year 2008 there were $6 million tax benefits recorded to Additional Paid-In Capital associated with stock option deductions. The Company did not record a tax expense associated with stock option deductions in fiscal year 2007 compared to $44 million recorded in fiscal year 2006; the related tax benefit was recorded directly to Additional Paid-In Capital. U.S. federal and state deferred tax expense in fiscal year 2008 was $37 million. In fiscal year 2007, the deferred tax benefit of $359 million includes $319 million of deferred tax benefits resulting from the release of valuation allowance recorded in prior years. The fiscal year 2007 valuation allowance release was largely due to the completion during 2007 of the restructuring of the Company’s intercompany arrangements, which enables the Company to forecast future U.S. taxable income with greater certainty and U.S. taxable income from the intercompany sale of certain Maxtor assets. This 2007 valuation allowance release also included a reduction of $322 million in Maxtor goodwill required as a result of the reversal of valuation allowance previously recorded as of the acquisition date against Maxtor related deferred tax assets primarily for tax net operating loss carryovers.
At June 27, 2008, the Company had U.S. federal, state and foreign tax net operating loss carryforwards of approximately $2 billion, $896 million and $690 million, respectively, which will expire at various dates beginning in 2009 if not utilized. At June 27, 2008, the Company had U.S. federal and state tax credit carryforwards of $ million and $87 million, respectively, which will expire at various dates beginning in 2009, if not utilized. These net operating losses and tax credit carryforwards have not been audited by the relevant tax authorities and could be subject to adjustment on examination. Of the $2 billion of loss carryovers noted above, approximately $859 million will be credited to Additional Paid-in Capital upon recognition. As a result of the Maxtor acquisition, Maxtor underwent a change in ownership within the meaning of Section 382 of the Internal Revenue Code (IRC Sec. 382) on May 19, 2006. In general, IRC Section 382 places annual limitations on the use of certain tax attributes such as net operating losses and tax credit carryovers in existence at the ownership change date. As of June 27, 2008, approximately $1.3 billion and $337 million of U.S. federal and state net operating losses, respectively, and $36 million of tax credit carryovers acquired from Maxtor are generally subject to an annual limitation of approximately $110 million. Certain amounts may be accelerated into the first five years following the acquisition pursuant to IRC Section 382 and published notices. On January 3, 2005, the Company underwent a change in ownership under IRC Section 382 due to the sale of common shares to the public by its then largest shareholder, New SAC. Based on an independent valuation as of January 3, 2005, the annual limitation for this change is $44.8 million. As of June 27, 2008, there is $453 million of U.S. net operating loss carryforwards and $110 million of U.S. tax credit carryforwards subject to IRC Section 382 limitation associated with the January 3, 2005 change. To the extent management believes it is more likely than not that the deferred tax assets associated with tax attributes subject to IRC Section 382 limitations will not be realized, a valuation allowance has been provided. The applicable statutory rate in the Cayman Islands was zero for the Company for fiscal years ended June 27, 2008, June 29, 2007 and June 30, 2006. For purposes of the reconciliation between the provision for (benefit from) income taxes at the statutory rate and the effective tax rate, a notional U.S. 35% rate is applied as follows. Fiscal Years Ended June 27, 2008 June 29, 2007 June 30, (In millions)^2006 Provision at U.S. notional statutory rate $ 465 $ 196 $ 323 State income tax provision (benefit), net of U.S. notional income tax benefit 12 (41) 7 Permanent differences 10 14 13 Valuation allowance (41) (279) 65 Use of current year U.S. tax credit (1) (27) (11) Foreign earnings not subject to U.S. notional income tax (406) (227) (309) Tax expense related to intercompany transactions 24 19 — Other individually immaterial items 4 (7) (4) Provision for (benefit from) income taxes $ 67 $ (352) $ 84 A substantial portion of the Company’s manufacturing operations in China, Malaysia, Singapore, Switzerland and Thailand operate under various tax holidays and tax incentive programs, which expire in whole or in part at various dates through 2020. Certain of the tax holidays may be extended if specific conditions are met. The net impact of these tax holidays and tax incentive programs was to increase the Company’s net income by approximately $ million in fiscal year 2008 ($0.40 per share, diluted), $194 million in fiscal year 2007 ($0.33 per share, diluted), and $197 million in fiscal year 2006 ($0.38 per share, diluted).
The Company consists of a foreign parent holding company with various foreign and U.S. subsidiaries. Dividend distributions received from the Company’s U.S. subsidiaries may be subject to U.S. withholding taxes when, and if, distributed. Deferred tax liabilities have not been recorded on unremitted earnings of certain other foreign subsidiaries, as these earnings will not be subject to tax in the Cayman Islands or U.S. federal income tax if remitted to the foreign parent holding company. Effective at the beginning of the first quarter of fiscal year 2008, the Company adopted the provisions of FIN 48. FIN 48 contains a two-step approach to recognizing and measuring uncertain tax positions accounted for in accordance with FASB Statement No. 109, Accounting for Income Taxes. The first step is to evaluate the tax position for recognition by determining if the weight of available evidence indicates that it is more likely than not that the tax position will be sustained on audit, including resolution of any related appeals or litigation processes. The second step is to measure the tax benefit as the largest amount that is more than 50% likely of being realized upon ultimate settlement. As a result of the implementation of FIN 48, the Company increased its liability for net unrecognized tax benefits at the date of adoption. The Company accounted for the increase primarily as a cumulative effect of a change in accounting principle that resulted in a decrease to retained earnings of $3 million and an increase to goodwill of $25 million. The total amount of gross unrecognized tax benefits as of the date of adoption was $385 million excluding interest and penalties. At June 27, 2008, the Company had approximately $374 million in total unrecognized tax benefits excluding interest and penalties. The total unrecognized tax benefits that, if recognized, would impact the effective tax rate were $63 million and $75 million as of June 29, 2007 and June 27, 2008, respectively.
Leases —The Company leases certain property, facilities and equipment under non-cancelable lease agreements. Land and facility leases expire at various dates through 2082 and contain various provisions for rental adjustments including, in certain cases, a provision based on increases in the Consumer Price Index. Also, certain leases provide for renewal of the lease at the Company’s option at expiration of the lease. All of the leases require the Company to pay property taxes, insurance and normal maintenance costs. Future minimum lease payments for operating leases with initial or remaining terms of one year or more were as follows at June 27, 2008 (lease payments are shown net of sublease income): Fiscal Years Ending Operating (In Leasesmillions) 2009 $ 42 2010 38 2011 39 2012 34 2013 20 Thereafter 108 $ 281 Total rent expense for all land, facility and equipment operating leases was approximately $32 million, $36 million and $24 million for fiscal years 2008, 2007 and 2006, respectively. Total sublease rental income for fiscal years 2008, 2007 and 2006 was $6 million, $11 million and $6 million, respectively. The Company subleases a portion of its facilities that it considers to be in excess of current requirements. As of June 27, 2008, total future lease income to be recognized for the Company’s existing subleases is approximately $26 million.