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Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.6.0.2
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Taxes [Abstract] Ìý
Income Taxes

(12)ÌýÌýIncome Taxes

Ìý

Income tax benefit (expense) consists of:

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

YearsÌýendedÌýDecemberÌý31,

Ìý

Ìý

ÌýÌýÌýÌý

2016

ÌýÌýÌýÌý

2015

ÌýÌýÌýÌý

2014

Ìý

Ìý

Ìý

amountsÌýinÌýmillions

Ìý

Current:

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Federal

Ìý

$

(40)

Ìý

(188)

Ìý

(155)

Ìý

State and local

Ìý

Ìý

(12)

Ìý

(26)

Ìý

(32)

Ìý

Foreign

Ìý

Ìý

(73)

Ìý

(74)

Ìý

(110)

Ìý

Ìý

Ìý

$

(125)

Ìý

(288)

Ìý

(297)

Ìý

Deferred:

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Federal

Ìý

$

(444)

Ìý

74

Ìý

76

Ìý

State and local

Ìý

Ìý

(33)

Ìý

21

Ìý

(21)

Ìý

Foreign

Ìý

Ìý

4

Ìý

8

Ìý

5

Ìý

Ìý

Ìý

Ìý

(473)

Ìý

103

Ìý

60

Ìý

Income tax benefit (expense)

Ìý

$

(598)

Ìý

(185)

Ìý

(237)

Ìý

Ìý

The following table presents a summary of our domestic and foreign earnings from continuing operations before income taxes:

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Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

YearsÌýendedÌýDecemberÌý31,

Ìý

Ìý

ÌýÌýÌýÌý

2016

ÌýÌýÌýÌý

2015

ÌýÌýÌýÌý

2014

Ìý

Ìý

Ìý

amountsÌýinÌýmillions

Ìý

Domestic

Ìý

$

1,684

Ìý

674

Ìý

615

Ìý

Foreign

Ìý

Ìý

168

Ìý

142

Ìý

160

Ìý

Total

Ìý

$

1,852

Ìý

816

Ìý

775

Ìý

Ìý

Ìý

Income tax benefit (expense) differs from the amounts computed by applying the U.S. federal income tax rate of 35% as a result of the following:

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Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

YearsÌýendedÌýDecemberÌý31,

Ìý

Ìý

ÌýÌýÌýÌý

2016

ÌýÌýÌýÌý

2015

ÌýÌýÌýÌý

2014

Ìý

Ìý

Ìý

amountsÌýinÌýmillions

Ìý

Computed expected tax benefit (expense)

Ìý

$

(649)

Ìý

(286)

Ìý

(271)

Ìý

State and local income taxes, net of federal income taxes

Ìý

Ìý

(26)

Ìý

(15)

Ìý

(6)

Ìý

Foreign taxes, net of foreign tax credits

Ìý

Ìý

(9)

Ìý

(4)

Ìý

(2)

Ìý

Sale of consolidated subsidiary

Ìý

Ìý

(1)

Ìý

Ìý—

Ìý

14

Ìý

Impairment of intangible assets not deductible for tax purposes

Ìý

Ìý

Ìý—

Ìý

Ìý—

Ìý

(3)

Ìý

Dividends received deductions

Ìý

Ìý

9

Ìý

51

Ìý

6

Ìý

Alternative energy tax credits and incentives

Ìý

Ìý

94

Ìý

61

Ìý

58

Ìý

Change in valuation allowance affecting tax expense

Ìý

Ìý

(16)

Ìý

6

Ìý

(2)

Ìý

Impact of change in state rate on deferred taxes

Ìý

Ìý

1

Ìý

(7)

Ìý

(26)

Ìý

Other, net

Ìý

Ìý

(1)

Ìý

9

Ìý

(5)

Ìý

Income tax benefit (expense)

Ìý

$

(598)

Ìý

(185)

Ìý

(237)

Ìý

Ìý

Income tax expense was lower than the U.S. statutory tax rate of 35% in 2016 due to tax benefits derived from Liberty’s alternative energy tax credits and incentives. Income tax expense was lower than the U.S. statutory tax rate of 35% in 2015 due to the receipt of taxable dividends that are subject to a dividends received deduction. During 2014, Liberty changed its estimate of the effective state tax rate used to measure its net deferred tax liabilities, based on expected changes to the Company’s state apportionment factors. The change in 2014 was caused by the sale of a consolidated subsidiary (Provide) on December 31, 2014.Ìý In 2014, the rate change required an adjustment to the recognized deferred taxes at the corporate level.ÌýDuring 2015 and 2014, Liberty offset federal tax liabilities with tax credits derived from its alternative energy investments.

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The tax effects of temporary differences that give rise to significant portions of the deferred income tax assets and deferred income tax liabilities are presented below:

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Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

DecemberÌý31,

Ìý

Ìý

ÌýÌýÌýÌý

2016

ÌýÌýÌýÌý

2015

Ìý

Ìý

Ìý

amountsÌýinÌýmillions

Ìý

Deferred tax assets:

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Net operating and capital loss carryforwards

Ìý

$

123

Ìý

99

Ìý

Foreign tax credit carryforwards

Ìý

Ìý

134

Ìý

72

Ìý

Accrued stock compensation

Ìý

Ìý

56

Ìý

83

Ìý

Other accrued liabilities

Ìý

Ìý

118

Ìý

165

Ìý

Other future deductible amounts

Ìý

Ìý

144

Ìý

163

Ìý

Deferred tax assets

Ìý

Ìý

575

Ìý

582

Ìý

Valuation allowance

Ìý

Ìý

(64)

Ìý

(48)

Ìý

Net deferred tax assets

Ìý

Ìý

511

Ìý

534

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Deferred tax liabilities:

Ìý

Ìý

Ìý

Ìý

Ìý

Ìý

Investments

Ìý

Ìý

1,057

Ìý

598

Ìý

Intangible assets

Ìý

Ìý

1,540

Ìý

1,788

Ìý

Discount on exchangeable debentures

Ìý

Ìý

1,404

Ìý

1,148

Ìý

Deferred gain on debt retirements

Ìý

Ìý

129

Ìý

193

Ìý

Other

Ìý

Ìý

17

Ìý

24

Ìý

Deferred tax liabilities

Ìý

Ìý

4,147

Ìý

3,751

Ìý

Net deferred tax liabilities

Ìý

$

3,636

Ìý

3,217

Ìý

Ìý

The Company's valuation allowance increased $16 million in 2016.ÌýÌýThe entire change in valuation allowance affected tax expense.

Ìý

At December 31, 2016, Liberty had net operating losses (on a tax effected basis) and foreign tax credit carryforwards for income tax purposes aggregating approximately $123 million and $134Ìýmillion, respectively, which will begin to expire in 2017 and beyond if not utilized to reduce domestic, state or foreign income tax liabilities in future periods.ÌýÌýThese net operating losses and foreign tax credit carryforwards are expected to be utilized prior to expiration, except for $60 million of net operating losses. In addition, Liberty has $4 million of other deferred tax assets which may not ultimately be realized by the Company.Ìý

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A reconciliation of unrecognized tax benefits is as follows:

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YearsÌýendedÌýDecemberÌý31,

Ìý

Ìý

ÌýÌýÌýÌý

2016

ÌýÌýÌýÌý

2015

Ìý

2014

Ìý

Ìý

Ìý

amountsÌýinÌýmillions

Ìý

Balance at beginning of year

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$

104

Ìý

136

Ìý

124

Ìý

Additions based on tax positions related to the current year

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Ìý

16

Ìý

14

Ìý

16

Ìý

Additions for tax positions of prior years

Ìý

Ìý

Ìý—

Ìý

Ìý—

Ìý

20

Ìý

Reductions for tax positions of prior years

Ìý

Ìý

(26)

Ìý

(12)

Ìý

(3)

Ìý

Lapse of statute and settlements

Ìý

Ìý

(22)

Ìý

(34)

Ìý

(21)

Ìý

Balance at end of year

Ìý

$

72

Ìý

104

Ìý

136

Ìý

Ìý

As of DecemberÌý31, 2016, 2015 and 2014, the Company had recorded tax reserves of $72 million, $104 million and $136 million, respectively, related to unrecognized tax benefits for uncertain tax positions.ÌýÌýIf such tax benefits were to be recognized for financial statement purposes, $50 million, $47 million and $68 million for the years ended December 31, 2016, 2015 and 2014, respectively, would be reflected in the Company's tax expense and affect its effective tax rate.ÌýÌýLiberty's estimate of its unrecognized tax benefits related to uncertain tax positions requires a high degree of judgment. The Company has tax positions for which the amount of related unrecognized tax benefits could change during 2017. The amount of unrecognized tax benefits related to these issues could change as a result of potential settlements, lapsing of statute of limitations and revisions of estimates.ÌýÌýIt is reasonably possible that the amount of the Company's gross unrecognized tax benefits may decrease within the next twelve months by up to $6 million.

Ìý

As of DecemberÌý31, 2016, the Company's tax years prior to 2013 are closed for federal income tax purposes, and the IRS has completed its examination of the Company's 2013 and 2014 tax year.ÌýThe Company's 2015 and 2016 tax years are being examined currently as part of the IRS's Compliance Assurance Process ("CAP") program.Ìý Various states are currently examining the Company's prior years state income tax returns.Ìý QVC is currently under audit in the U.K. and Germany.Ìý The Company agreed to an assessment related to an examination in Germany.Ìý The Company believes that amounts paid in connection with that assessment will be creditable against its U.S. federal income tax liability.ÌýÌýÌýÌýÌý

Ìý

The Company recorded $17 million of accrued interest and penalties related to uncertain tax positions as of each of December 31, 2016 and 2015.