Cummins Inc. Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

INCOME TAXES

12 Months Ended

Dec. 31, 2017

Income Tax Disclosure [Abstract]

INCOME TAXES

NOTE 2. INCOME TAXES

The following table summarizes income before income taxes:



	Years ended December 31,
In millions	2017		2016		2015
U.S. income	$	1,237	$	995	$	1,275
Foreign income	1,128		935		750
Income before income taxes	$	2,365	$	1,930	$	2,025

Income tax expense (benefit) consists of the following:



	Years ended December 31,
In millions	2017			2016			2015
Current
U.S. federal and state	$	355		$	211		$	516
Foreign	289			213			147
Impact of tax legislation	349			—			—
Total current	993			424			663
Deferred
U.S. federal and state	(42		)	57			(151		)
Foreign	(12		)	(7		)	43
Impact of tax legislation	432			—			—
Total deferred	378			50			(108		)
Income tax expense	$	1,371		$	474		$	555

A reconciliation of the statutory U.S. federal income tax rate to the effective tax rate was as follows:



	Years ended December 31,
	2017		2016		2015
Statutory U.S. federal income tax rate	35.0	%	35.0	%	35.0	%
State income tax, net of federal effect	0.6		0.8		1.2
Differences in rates and taxability of foreign subsidiaries and joint ventures	(6.4	)	(7.2	)	(6.6	)
Research tax credits	(1.4	)	(1.7	)	(1.4	)
Impact of tax legislation	33.1		—		—
Other, net	(2.9	)	(2.3	)	(0.8	)
Effective tax rate	58.0	%	24.6	%	27.4	%

Our income tax rates are generally less than the 35 percent U.S. statutory income tax rate primarily because of lower taxes on foreign earnings and research tax credits. On December 22, 2017, the U.S. enacted the Tax Cuts and Jobs Act (Tax Legislation), which changed the U.S. statutory rate to 21 percent effective January 1, 2018 and requires companies to pay a one-time transition tax on certain previously undistributed earnings of certain foreign subsidiaries and foreign joint ventures that were tax deferred. Our effective tax rate for 2017 was 58.0 percent compared to 24.6 percent for 2016. The impacts of the Tax Legislation resulted in additional tax expense of $781 million.

The Securities and Exchange Commission (SEC) issued guidance which addressed the uncertainty in the application of GAAP to the Tax Legislation where certain income tax effects cannot be finalized at December 31, 2017. This guidance allows entities to record provisional amounts based on current estimates that are updated on a quarterly basis. As a result, our accounting for the effects of the Tax Legislation are not considered complete at this time. The final transition impacts of the Tax Legislation may differ from our estimates, possibly materially, due to, among other things, changes in interpretations of the Tax Legislation, any legislative action to address questions that arise because of the Tax Legislation, any changes in accounting standards for income taxes or related interpretations in response to the Tax Legislation, or any updates or changes to estimates the company has utilized to calculate the transition impacts. The SEC requires final calculations to be completed within the one year measurement period ending December 22, 2018, and reflect any additional guidance issued throughout the year. Any adjustments of provisional amounts will be reported in continuing operations in the period in which the estimates change. We have made provisional estimates of the effects of the Tax Legislation in three primary areas: (1) our existing deferred tax balances; (2) the one-time transition tax and (3) the withholding tax accrued on those earnings no longer considered permanently reinvested at December 31, 2017. Each of these items is described in more detail below.

Deferred tax assets and liabilities

We remeasured certain deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future, which is generally 21 percent. We are still analyzing certain aspects of the Tax Legislation and refining our calculations, which could potentially affect the measurement of these balances. The provisional amount related to the remeasurement of our deferred tax balance is an incremental tax expense of $152 million. See NOTE 3, "INVESTMENTS IN EQUITY INVESTEES," for the impact to our equity investees.

One-time transition tax

The one-time transition tax is based on our total post-1986 unrepatriated earnings and profits not previously subject to U.S. income tax. The recorded provisional amount for our one-time transition tax is a tax expense of $298 million with a cash impact of $338 million .

Withholding tax

Withholding tax is an additional cost associated with the distribution of earnings from some jurisdictions. As a result of the Tax Legislation, we reconsidered previous assertions regarding earnings that were considered permanently reinvested, which requires us to record withholding taxes on earnings likely to be distributed in the foreseeable future. The assertion as to which earnings are permanently reinvested for purposes of calculating withholding tax is provisional as we refine the underlying calculations of the amount of earnings subject to the tax and the rate at which it will be taxed. The recorded provisional amount for the withholding tax resulted in an incremental tax expense of $331 million. See NOTE 3, "INVESTMENTS IN EQUITY INVESTEES," and NOTE 16, "NONCONTROLLING INTERESTS," for the impact of withholding taxes to our equity investees and noncontrolling interests.

Carryforward tax benefits and the tax effect of temporary differences between financial and tax reporting that give rise to net deferred tax (liabilities) assets were as follows:



	December 31,
In millions	2017			2016
Deferred tax assets
U.S. state carryforward benefits	$	200		$	159
Foreign carryforward benefits	159			154
Employee benefit plans	274			401
Warranty expenses	300			405
Accrued expenses	95			107
Other	70			64
Gross deferred tax assets	1,098			1,290
Valuation allowance	(347		)	(307		)
Total deferred tax assets	751			983
Deferred tax liabilities
Property, plant and equipment	(250		)	(319		)
Unremitted income of foreign subsidiaries and joint ventures	(331		)	(59		)
Employee benefit plans	(224		)	(213		)
Other	(31		)	(48		)
Total deferred tax liabilities	(836		)	(639		)
Net deferred tax (liabilities) assets	$	(85	)	$	344

Our 2017 U.S. carryforward benefits include $200 million of state credit and net operating loss carryforward benefits that begin to expire in 2018. Our foreign carryforward benefits include $159 million of net operating loss carryforwards that begin to expire in 2018. A valuation allowance is recorded to reduce the gross deferred tax assets to an amount we believe is more likely than not to be realized. The valuation allowance was $347 million and increased in 2017 by a net $40 million. The valuation allowance is primarily attributable to the uncertainty regarding the realization of a portion of the U.S. state and foreign net operating loss and tax credit carryforward benefits.

Our Consolidated Balance Sheets contain the following tax related items:



	December 31,
In millions	2017		2016
Prepaid and other current assets
Refundable income taxes	$	152	$	192
Other assets
Deferred income tax assets	306		420
Long-term refundable income taxes	6		22
Accrued expenses
Income tax payable	77		48
Other liabilities and deferred revenue
Income tax payable	281		—
Deferred income tax liabilities	391		76

A reconciliation of unrecognized tax benefits for the years ended December 31, 2017, 2016 and 2015 was as follows:



	December 31,
In millions	2017			2016			2015
Balance at beginning of year	$	59		$	135		$	174
Additions to current year tax positions	11			10			8
Additions to prior years' tax positions	9			18			24
Reductions to prior years' tax positions	(3		)	—			—
Reductions for tax positions due to settlements with taxing authorities	(35		)	(104		)	(71		)
Balance at end of year	$	41		$	59		$	135

Included in the December 31, 2017, 2016 and 2015, balances are $32 million, $31 million and $78 million, respectively, related to tax positions that, if recognized, would favorably impact the effective tax rate in future periods. Also, we had accrued interest expense related to the unrecognized tax benefits of $4 million, $3 million and $8 million as of December 31, 2017, 2016 and 2015, respectively. We recognize potential accrued interest and penalties related to unrecognized tax benefits in income tax expense. For the years ended December 31, 2017, 2016 and 2015, we recognized $3 million, $2 million and $5 million in net interest expense, respectively.

Audit outcomes and the timing of audit settlements are subject to significant uncertainty. Although we believe that adequate provision has been made for such issues, there is the possibility that the ultimate resolution of such issues could have an adverse effect on our earnings. Conversely, if these issues are resolved favorably in the future, the related provision would be reduced, thus having a positive impact on earnings.

As a result of our global operations, we file income tax returns in various jurisdictions including U.S. federal, state and foreign jurisdictions. We are routinely subject to examination by taxing authorities throughout the world, including Australia, Belgium, Brazil, Canada, China, France, India, Mexico, the U.K. and the U.S. With few exceptions, our U.S. federal, major state and foreign jurisdictions are no longer subject to income tax assessments for years before 2013. The U.S. examinations related to tax years 2013-2015 concluded during 2017.