Advanced Micro Devices, 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. 26, 2015

The provision (benefit) for income taxes consists of:



	2015			2014			2013
	(In millions)
Current:
U.S. Federal	$	(1	)	$	(1	)	$	(2	)
U.S. State and Local	—			—			—
Foreign National and Local	16			6			10
Total	15			5			8
Deferred:
U.S. Federal	—			—			3
Foreign National and Local	(1		)	—			(2		)
Total	(1		)	—			1
Provision for income taxes	$	14		$	5		$	9

Loss before income taxes consists of the following:



	2015			2014			2013
	(In millions)
U.S.	$	(1,100	)	$	(621	)	$	(397	)
Foreign	454			223			323
Total pre-tax loss	$	(646	)	$	(398	)	$	(74	)

Deferred income taxes reflect the net tax effects of tax carryovers and temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the balances for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities as of December 26, 2015 and December 27, 2014 are as follows:



	December 26, 2015			December 27, 2014
	(In millions)
Deferred tax assets:
Net operating loss carryovers	$	2,342		$	1,978
Deferred distributor income	20			28
Inventory valuation	39			22
Accrued expenses not currently deductible	74			107
Acquired intangibles	257			248
Tax deductible goodwill	192			295
Federal and state tax credit carryovers	400			391
Foreign capitalized research and development costs	60			41
Foreign research and development ITC credits	231			282
Discount of convertible notes	1			11
Other	119			167
Total deferred tax assets	3,735			3,570
Less: valuation allowance	(3,669		)	(3,495		)
Total deferred tax assets, net of valuation allowance	66			75
Deferred tax liabilities:
Undistributed foreign earnings	(33		)	(37		)
Other	(23		)	(19		)
Total deferred tax liabilities	(56		)	(56		)
Net deferred tax assets	$	10		$	19

The breakdown between current and non-current deferred tax assets and deferred tax liabilities as of December 26, 2015 and December 27, 2014 is as follows:



	December 26, 2015			December 27, 2014
	(In millions)
Current deferred tax assets	$	8		$	2
Non-current deferred tax assets	48			33
Current deferred tax liabilities	(46		)	(16		)
Net deferred tax assets	$	10		$	19

Current deferred tax assets and current deferred tax liabilities are included in captions “Other current assets” and “Accrued liabilities,” respectively, on the consolidated balance sheets. Non-current deferred tax assets are included in the caption “Other assets” on the consolidated balance sheets.

As of December 26, 2015, substantially all of the Company’s U.S. and foreign deferred tax assets, net of deferred tax liabilities, continued to be subject to a valuation allowance. The realization of these assets is dependent on substantial future taxable income which, at December 26, 2015, in management’s estimate, is not more likely than not to be achieved. In 2015, the net valuation allowance increased by $174 million primarily for increases in deferred tax assets related to the net operating losses generated from pre-tax book losses in the U.S. In 2014, the net valuation allowance increased by $120 million primarily for increases in deferred tax assets related to net operating losses generated from pre-tax book losses in the U.S. In 2013, the net valuation allowance decreased by $26 million primarily for decreases in deferred tax assets related to the utilization of net operating losses due to pre-tax book income in Canada.

As of December 26, 2015 and December 27, 2014, the Company had $118 million and $127 million, respectively, of deferred tax assets subject to a valuation allowance that related to excess stock option deductions, which are not presented in the deferred tax asset balances.

The following is a summary of the various tax attribute carryforwards the Company had as of December 26, 2015. The amounts presented below include amounts related to excess stock option deductions, as discussed above.



Carryforward	Federal		State / Provincial		Expiration
	(In millions)
U.S.-net operating loss carryovers	$	6,478	$	335	2016 to 2035
U.S.-credit carryovers	$	401	$	204	2016 to 2035
Canada-net operating loss carryovers	$	173	$	173	2027 to 2028
Canada-credit carryovers	$	302	$	32	2021 to 2035
Canada-R&D pools	$	225	$	225	no expiration
Barbados-net operating loss carryovers	$	143	N/A		2016 to 2017
Other foreign net operating loss carryovers	$	19	N/A		various

Utilization of $12 million of the Company’s U.S. federal net operating loss carryforwards are subject to annual limitations as a result of the ATI Technologies ULC (ATI) acquisition.

The table below displays reconciliation between statutory federal income taxes and the total provision (benefit) for income taxes.



	2015			2014			2013
	(In millions)
Statutory federal income tax benefit at 35% rate	$	(226	)	$	(139	)	$	(26	)
State taxes, net of federal benefit	1			1			1
Foreign (income) expense at other than U.S. rates	9			1			15
U.S. valuation allowance generated	232			144			22
Credit monetization	(2		)	(2		)	(3		)
Provision for income taxes	$	14		$	5		$	9

The Company has made no provision for U.S. income taxes on approximately $307 million of cumulative undistributed earnings of certain foreign subsidiaries through December 26, 2015 because it is the Company’s intention to indefinitely reinvest such earnings. If such earnings were distributed, the Company would incur additional income taxes of approximately $107 million (after an adjustment for foreign tax credits). These additional income taxes may not result in income tax expense or a cash payment to the Internal Revenue Service, but may result in the utilization of deferred tax assets that are currently subject to a valuation allowance.

The Company partially recognized undistributed earnings within certain subsidiaries in China of $56 million through December 26, 2015 because the announcement in October 2015 of an agreement to sell 85% of the ownership interest in the subsidiary operating a factory in Suzhou causes the Company to modify its judgment that associated undistributed earnings of that subsidiary’s holding company in China will remain indefinitely reinvested. A future distribution of these earnings will give rise to an associated future withholding tax of $6 million. This is recognized as an income tax expense within the 2015 income tax provision. The same event results in the Chinese holding company recognizing the future benefit of tax losses available to offset taxable gains when the deal closes. The future benefit of those losses is $7 million and is a reduction in the 2015 income tax provision. The net effect of this event in the 2015 income tax provision is a reduction of $1 million.

The Company’s operations in Malaysia currently operate under a tax holiday, which will expire in 2018. This tax holiday may be extended if specific conditions are met. The net impact of the tax holiday did not decrease the Company’s net loss in 2015 because the Company’s operations in Malaysia operated at a net loss. The net impact of tax holidays decreased the Company’s net loss by $2 million in 2014, less than $.01 per share, diluted, and decreased the Company’s net loss by $1 million in 2013, less than $.01 per share, diluted.

A reconciliation of the gross unrecognized tax benefits is as follows:



	2015			2014			2013
	(In millions)
Balance at beginning of year	$	28		$	52		$	56
Increases for tax positions taken in prior years	11			1			1
Decreases for tax positions taken in prior years	(1		)	—			(2		)
Increases for tax positions taken in the current year	2			2			4
Decreases for settlements with taxing authorities	(2		)	(27		)	(7		)
Balance at end of year	$	38		$	28		$	52

The amount of unrecognized tax benefits that would impact the effective tax rate was $4 million, $3 million and $3 million as of December 26, 2015, December 27, 2014 and December 28, 2013, respectively. The Company had no or immaterial amounts of accrued interest and no accrued penalties related to unrecognized tax benefits as of December 26, 2015, December 27, 2014 and December 28, 2013. The Company recognizes the accrued interest and penalties to unrecognized tax benefits as interest expense and income tax expense, respectively.

During the 12 months beginning December 27, 2015, the Company does not expect to reduce its unrecognized tax benefits. The Company does not believe it is reasonably possible that other unrecognized tax benefits will materially change in the next 12 months. However, the resolutions and/or closure of open audits are highly uncertain.

As of December 27, 2014, the Canada Revenue Agency, or CRA, had completed its audit of ATI for the years 2005 through 2010 and issued its final Notice of Assessment, which the Company has reviewed and agreed to. As of December 26, 2015, the Italian tax authorities had concluded their audit of the Company’s subsidiaries’ activities in Italy for the years 2003 through 2013. The Company has agreed to a settlement of $11 million in taxes and penalties and $2 million in interest. The Company and its subsidiaries have several foreign, foreign provincial, and U.S. state audits in process at any one point in time. The Company has provided for uncertain tax positions that require a liability under the adopted method to account for uncertainty in income taxes. The Company has not recognized any current or long-term deferred tax assets under a valuation allowance as a result of the application of uncertainty in income taxes in ASC 740 for unrecognized tax benefits as of December 26, 2015.