Note 5 — Taxes on Earnings

Taxes on earnings reflect the annual effective rates, including charges for interest and penalties. Deferred income taxes reflect the tax consequences on future years of differences between the tax bases of assets and liabilities and their financial reporting amounts. U.S. income taxes are provided on those earnings of foreign subsidiaries which are intended to be remitted to the parent company. Abbott does not record deferred income taxes on earnings reinvested indefinitely in foreign subsidiaries. Undistributed earnings reinvested indefinitely in foreign subsidiaries as working capital and plant and equipment aggregated $31.9 billion at December 31, 2011. It is not practicable to determine the amount of deferred income taxes not provided on these earnings. In the U.S., Abbott’s federal income tax returns through 2008 are settled except for one item, and the income tax returns for years after 2008 are open. There are numerous other income tax jurisdictions for which tax returns are not yet settled, none of which are individually significant. Reserves for interest and penalties are not significant.

Earnings before taxes, and the related provisions for taxes on earnings, were as follows:

(dollars in millions)
     
Earnings Before Taxes:
2011
2010
2009
Domestic
$364
$(275)
$1,502
Foreign
4,835
5,988
5,692
Total
$5,199
$5,713
$7,194
Taxes on Earnings:
2011
2010
2009
Current:
     
Domestic
$(586)
$1,462
$194
Foreign
1,187
835
521
Total current
601
2,297
715
Deferred:
     
Domestic
162
(1,068)
905
Foreign
(293)
(142)
(172)
Total deferred
(131)
(1,210)
733
Total
$470
$1,087
$1,448

Differences between the effective income tax rate and the U.S. statutory tax rate were as follows:

 
2011
2010
2009
Statutory tax rate on earnings
35.0%
35.0%
35.0%
Benefit of lower foreign tax rates and tax exemptions
(22.9)
(19.4)
(16.4)
Resolution of certain tax positions pertaining to prior years
(11.2)
Effect of non-deductible litigation reserve
9.1
State taxes, net of federal benefit
(0.4)
0.4
1.0
All other, net
(0.6)
3.0
0.5
Effective tax rate on earnings
9.0%
19.0%
20.1%

As of December 31, 2011, 2010 and 2009, total deferred tax assets were $6.3 billion, $6.1 billion and $4.4 billion, respectively, and total deferred tax liabilities were $2.9 billion, $3.0 billion and $1.8 billion, respectively. Abbott has incurred losses in a foreign jurisdiction where realization of the future economic benefit is so remote that the benefit is not reflected as a deferred tax asset. Valuation allowances for recorded deferred tax assets were not significant. The tax effect of the differences that give rise to deferred tax assets and liabilities were as follows:

(dollars in millions)
2011
2010
2009
Compensation and employee benefits
$1,658
$1,327
$1,332
Trade receivable reserves
492
525
369
Inventory reserves
212
293
251
Deferred intercompany profit
711
255
232
State income taxes
227
233
187
Depreciation
(164)
(64)
(93)
Acquired in-process research and development and other accruals and reserves not currently deductible
2,886
3,401
1,889
Other, primarily the excess of book basis over tax basis of intangible assets
(2,636)
(2,905)
(1,593)
Total
$3,386
$3,065
$2,574

The following table summarizes the gross amounts of unrecognized tax benefits without regard to reduction in tax liabilities or additions to deferred tax assets and liabilities if such unrecognized tax benefits were settled.

(dollars in millions)
2011
2010
2009
January 1
$2,724
$2,172
$1,523
Increase due to current year tax positions
588
635
544
Increase due to prior year tax positions
282
171
234
Decrease due to prior year tax positions
(824)
(94)
(90)
Settlements
(647)
(160)
(39)
December 31
$2,123
$2,724
$2,172

The total amount of unrecognized tax benefits that, if recognized, would impact the effective tax rate is approximately $1.9 billion. Abbott believes that it is reasonably possible that the recorded amount of gross unrecognized tax benefits may decrease by up to $550 million, including cash adjustments, within the next twelve months as a result of concluding various domestic and international tax matters.

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