Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.6
Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes

Note P — Income Taxes

The provision for Income Taxes was computed based on the following amounts of Income Before Income Taxes:

 

      2011      2010      2009  
     In thousands  

Domestic

   $ 582,198       $ 417,906       $ 402,379   

Foreign

     582,545         332,306         252,294   
  

 

 

    

 

 

    

 

 

 

Income before income taxes

   $ 1,164,743       $ 750,212       $ 654,673   
  

 

 

    

 

 

    

 

 

 

The provision for Income Taxes consisted of:

 

      2011     2010     2009  
     In thousands  

Current:

      

Federal

   $ 193,433      $ 188,072      $ 80,585   

Foreign

     57,738        53,260        45,208   

State

     34,046        27,436        15,748   
  

 

 

   

 

 

   

 

 

 
     285,217        268,768        141,541   

Deferred, primarily federal

     (10,867     (92,068     54,674   
  

 

 

   

 

 

   

 

 

 

Income taxes

   $ 274,350      $ 176,700      $ 196,215   
  

 

 

   

 

 

   

 

 

 

The differences between income taxes computed by applying the statutory federal income tax rate and income tax expense in the consolidated financial statements are as follows:

 

      2011     2010     2009  
     In thousands  

Tax at federal statutory rate

   $ 407,660      $ 262,574      $ 229,136   

State income taxes, net of federal tax benefit

     23,147        15,968        9,415   

Foreign rate differences

     (144,327     (100,712     (76,059

Change in valuation allowance

     (12,126     6,531        4,781   

Goodwill impairment

                   35,648   

Tax credits

     (8,454     (11,336     (4,364

Other

     8,450        3,675        (2,342
  

 

 

   

 

 

   

 

 

 

Income taxes

   $ 274,350      $ 176,700      $ 196,215   
  

 

 

   

 

 

   

 

 

 

Foreign rate differences include $1.6 million in tax benefits in 2011, $5.6 million in 2010 and $3.8 million in 2009 from the favorable audit outcomes on certain tax matters and from expiration of statutes of limitations. 2010 foreign rate differences also include $13.0 million of tax benefits for refund claims related to prior years' tax filings in a foreign jurisdiction.

VF has been granted a lower effective income tax rate on taxable earnings for years 2010 through 2014 in a foreign jurisdiction based on investment and employment level requirements. This lower rate, when compared with the country's statutory rate, resulted in an income tax reduction of $6.2 million ($0.05 per diluted share) in 2011 and $6.0 million ($0.05 per diluted share) in 2010. Income tax was reduced by $7.1 million ($0.06 per diluted share) in 2009 pursuant to a separate agreement that expired in 2009. In addition, VF has been granted a lower effective income tax rate on taxable earnings in another foreign jurisdiction for the period 2010 through 2019. This lower rate, when compared with the country's statutory rate, resulted in an income tax reduction of $5.5 million ($0.05 per diluted share) in 2011 and $4.5 million ($0.04 per diluted share) in 2010.

Additionally, income tax expense in 2011 and 2010 included $8.5 million and $7.5 million, respectively, of tax credits related to prior years.

Deferred income tax assets and liabilities consisted of the following:

 

As of the end of 2011, VF has not provided deferred taxes on $1,527.0 million of undistributed earnings from international subsidiaries where the earnings are considered to be permanently reinvested. VF's intent is to continue to reinvest these earnings to support the strategic priority for growth in international markets. If management decides at a later date to repatriate these funds to the United States, VF would be required to provide taxes on these amounts based on applicable U.S. tax rates net of foreign taxes already paid. VF has not determined the deferred tax liability associated with these undistributed earnings, as such determination is not practicable.

 

VF has potential tax benefits totaling $116.7 million for foreign operating loss carryforwards, of which $100.5 million have an unlimited carryforward life. In addition, there are $23.3 million of potential tax benefits for federal operating loss carryforwards that expire between 2017 and 2027, $16.3 million of benefits for state operating loss carryforwards that expire between 2011 and 2029 and $18.6 million of benefits for federal capital loss carryforwards that expire between 2012 and 2014. Some of the foreign and substantially all of the federal and state operating loss carryforward amounts relate to acquired companies for periods prior to their acquisition by VF. A valuation allowance has been provided where it is more likely than not that the deferred tax assets related to those operating loss carryforwards will not be realized.

Valuation allowances totaled $106.1 million for available foreign operating loss carryforwards, $13.3 million for available federal operating loss carryforwards, $7.9 million for available state operating loss carryforwards, $18.3 million for federal capital loss carryforwards and $6.0 million for other foreign deferred income tax assets. During 2011, VF had a net decrease in valuation allowances of $5.1 million related to foreign operating loss carryforwards and other deferred tax assets, a decrease of $1.3 million related to state operating loss carryforwards, an increase of $5.9 million upon the acquisition of Timberland, an increase of $3.5 million related to federal capital loss carryforwards, and a decrease of $1.4 million related to foreign currency translation effects.

A reconciliation of the change in the accrual for unrecognized income tax benefits is as follows:

 

     Unrecognized
Income Tax
Benefits
    Accrued
Interest
    Unrecognized
Income Tax
Benefits,
Including Interest
 
     In thousands  

Balance, December 2008

   $ 57,431      $ 10,821      $ 68,252   

Additions for current year tax positions

     2,780               2,780   

Additions for prior year tax positions

     1,264        2,274        3,538   

Reductions for prior year tax positions

     (7,651     (1,958     (9,609

Reductions due to statute expirations

     (9,624     (1,795     (11,419

Payments in settlement

     (2,555     (763     (3,318

Currency translation

     233               233   
  

 

 

   

 

 

   

 

 

 

Balance, December 2009

     41,878        8,579        50,457   

Additions for current year tax positions

     8,460        377        8,837   

Additions for prior year tax positions

     15,053        2,229        17,282   

Reductions for prior year tax positions

     (214     (200     (414

Reductions due to statute expirations

     (5,315     (409     (5,724

Payments in settlement

     (1,573     (746     (2,319

Currency translation

     (721            (721
  

 

 

   

 

 

   

 

 

 

Balance, December 2010

     57,568        9,830        67,398   

Additions for current year tax positions

     14,862        4        14,866   

Additions for prior year tax positions

     12,038        6,661        18,699   

Additions for prior year — Timberland acquisition

     48,077        1,792        49,869   

Reductions for prior year tax positions

     (13,975     (570     (14,545

Reductions due to statute expirations

     (6,748     (4,006     (10,754

Payments in settlement

     (6,951     (579     (7,530

Currency translation

     88               88   
  

 

 

   

 

 

   

 

 

 

Balance, December 2011

   $ 104,959      $ 13,132      $ 118,091   
  

 

 

   

 

 

   

 

 

 

 

     2011      2010  

Amounts included in Consolidated Balance Sheets:

     

Unrecognized income tax benefits, including interest

   $ 118,091       $ 67,398   

Less deferred tax benefit

     15,368         9,821   
  

 

 

    

 

 

 

Total unrecognized tax benefits

   $ 102,723       $ 57,577   
  

 

 

    

 

 

 

The net unrecognized tax benefits and interest of $102.7 million at the end of 2011, if recognized, would reduce the annual effective tax rate.

VF files a consolidated U.S. federal income tax return, as well as separate and combined income tax returns in numerous state and foreign jurisdictions. In the United States, the Internal Revenue Service ("IRS") is currently examining tax years 2007, 2008 and 2009. Tax years prior to 2007 have been effectively settled with the IRS, with the exception of outstanding refund claims. VF is currently subject to examination by various state and international tax authorities. Management regularly assesses the potential outcomes of both ongoing and future examinations for the current and prior years to ensure VF's provision for income taxes is sufficient. The outcome of any one examination is not expected to have a material impact on VF's consolidated financial statements. Management believes that some of these audits and negotiations will conclude during the next 12 months. Management also believes that it is reasonably possible that the amount of unrecognized income tax benefits may decrease by $9.7 million within the next 12 months due to settlement of audits and expiration of statutes of limitations, $9.4 million of which would reduce income tax expense.