Brunswick Corporation 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, 2015

The sources of Earnings before income taxes were as follows:



(in millions)	2015		2014		2013
United States	$	261.0	$	242.9	$	153.3
Foreign	54.2		45.0		55.6
Earnings before income taxes	$	315.2	$	287.9	$	208.9

The Income tax provision (benefit) consisted of the following:



(in millions)	2015			2014		2013
Current tax expense:
U.S. Federal	$	24.7		$	18.2	$	32.4
State and local	2.5			2.6		5.8
Foreign	17.0			23.9		18.3
Total current	44.2			44.7		56.5

Deferred tax expense (benefit):
U.S. Federal	40.7			42.4		(514.6		)
State and local	3.2			5.7		(86.2		)
Foreign	(0.3		)	0.2		(3.6		)
Total deferred	43.6			48.3		(604.4		)

Income tax provision (benefit)	$	87.8		$	93.0	$	(547.9	)

Temporary differences and carryforwards giving rise to deferred tax assets and liabilities at December 31, 2015 and 2014, are summarized in the table below:



(in millions)	2015			2014
Current deferred tax assets:
Product warranties	$	39.4		$	40.7
Sales incentives and discounts	26.8			28.3
Compensation and benefits	24.0			12.6
Tax credit carryforwards	20.5			57.2
Other	90.7			86.2
Gross current deferred tax assets	201.4			225.0
Valuation allowance	(12.4		)	(10.6		)
Total net current deferred tax assets	189.0			214.4

Current deferred tax liabilities:
Other	(8.5		)	(6.4		)
Total current deferred tax liabilities	(8.5		)	(6.4		)
Total net current deferred tax assets	$	180.5		$	208.0

Non-current deferred tax assets:
Pension	$	110.6		$	131.5
Loss carryforwards	61.3			68.4
Tax credit carryforwards	36.5			35.0
Depreciation and amortization	22.3			51.0
Deferred compensation	20.7			29.5
Postretirement and postemployment benefits	21.3			22.0
Deferred revenue	23.0			24.7
Equity compensation	25.5			22.3
Other	9.8			16.4
Gross non-current deferred tax assets	331.0			400.8
Valuation allowance	(58.2		)	(58.4		)
Total net non-current deferred tax assets	272.8			342.4

Non-current deferred tax liabilities:
Unremitted foreign earnings and withholding	(7.9		)	(19.3		)
State and local income taxes	(32.7		)	(35.3		)
Other	(4.8		)	(0.1		)
Total non-current deferred tax liabilities	(45.4		)	(54.7		)

Total net non-current deferred tax assets	$	227.4		$	287.7

Beginning in the third quarter of 2008, the Company maintained a full valuation allowance against certain deferred tax assets for federal and the majority of its state and foreign jurisdictions, having determined it was more likely than not that the deferred tax assets would not be realized. The determination of recording and releasing valuation allowances against deferred tax assets is made, in part, pursuant to the Company's assessment as to whether it is more likely than not that the Company will generate sufficient future taxable income against which benefits of the deferred tax assets may or may not be realized. Significant judgment is required in making estimates regarding the Company’s ability to generate income in future periods. The Company continued to maintain valuation allowances through the third quarter of 2013 as there was insufficient positive evidence to overcome the substantial negative evidence of cumulative losses in periods preceding 2013.

In the fourth quarter of 2013, the Company reached the conclusion that it was appropriate to release valuation allowance reserves against a significant portion of its federal deferred tax assets and against certain state deferred tax assets due to the sustained positive operating performance of its U.S. operations and the expectation of future taxable income. Additionally, the Company achieved a cumulative three year income position domestically, reached four consecutive quarters of positive pre-tax operating earnings, and completed its near- and mid-term business plans, all of which were significant positive factors that overcame substantive prior negative evidence. The Company also considered forecasts of future operating results and utilization of net operating losses and tax credits prior to their expiration. Reversal of deferred tax asset valuation allowances also were recorded in the fourth quarter of 2013 for business units located in Norway and Sweden. As a result, the Company recorded a $599.5 million reversal of its deferred tax asset valuation allowance reserves in the fourth quarter of 2013 after determining it was more likely than not that certain deferred tax assets would be realized. The Company's remaining valuation allowance reserves at December 31, 2013 in the U.S. primarily related to capital loss carryforwards, non-amortizable intangibles, and various state operating loss carryforwards and state tax credits that are subject to rules which may limit future utilization, as well as for certain foreign jurisdictions, including Brazil, Portugal and Spain.

During the third quarter of 2014, the Company completed the sale of its retail bowling business. This transaction generated capital gains for tax purposes allowing the Company to utilize all of its capital loss carryforwards. Therefore, during the third quarter of 2014, the Company recorded a $9.5 million reversal of its deferred tax asset valuation allowance reserves related to capital loss carryforwards, which has been reflected as a tax benefit reported in Note 2 – Discontinued Operations.

At December 31, 2015, the Company had a total valuation allowance against its deferred tax assets of $70.6 million, of which $12.4 million was classified as current and $58.2 million as non-current. The remaining realizable value of deferred tax assets at December 31, 2015 was determined by evaluating the potential to recover the value of these assets through the utilization of tax loss and credit carrybacks, the reversal of existing taxable temporary differences, certain tax planning strategies and future taxable income exclusive of reversing temporary differences and carryforwards. At December 31, 2015, the Company retained valuation allowance reserves of $57.7 million against deferred tax assets in the U.S. primarily related to non-amortizable intangibles and various state operating loss carryforwards and state tax credits that are subject to restrictive rules for future utilization, and valuation allowances of about $12.9 million for deferred tax assets related to foreign jurisdictions, primarily for Brazil.

At December 31, 2015, the tax benefit of loss carryforwards totaling $62.9 million were available to reduce future tax liabilities. This deferred tax asset was comprised of $51.1 million for the tax benefit of state net operating loss (NOL) carryforwards and, $11.8 million for the tax benefit of foreign NOL carryforwards. NOL carryforwards of $51.9 million expire at various intervals between the years 2016 and 2034, while $11.0 million have an unlimited life.

At December 31, 2015, tax credit carryforwards totaling $60.8 million were available to reduce future tax liabilities. This deferred tax asset was comprised of $25.5 million related to general business credits and other miscellaneous federal credits, and $35.3 million of various state tax credits related to research and development, capital investment and job incentives. The above credits expire at various intervals between the years 2016 and 2034.

The Company has historically provided deferred taxes for the presumed ultimate repatriation to the U.S. of earnings from most of its non-U.S. subsidiaries and unconsolidated affiliates. Through December 31, 2014 the indefinite reinvestment criteria had been applied to certain entities and allowed the Company to overcome that presumption to the extent the earnings were to be indefinitely reinvested outside the United States. As a result of the Company's internal restructuring of its foreign entities that was initiated in the second quarter of 2015, the Company determined that the indefinite reinvestment assertion should be expanded to include additional non-U.S. subsidiaries. No deferred income taxes have been provided as of December 31, 2015 on the applicable undistributed earnings of the non-U.S. subsidiaries where the indefinite reinvestment assertion has been applied. As a result of the 2015 actions, the Company recorded a discrete net tax benefit in the second quarter of 2015 which includes the benefit of applying the indefinite reinvestment assertion to the foreign entities reorganized under a new European holding company. The Company had undistributed earnings of foreign subsidiaries of $214.1 million and $65.0 million at December 31, 2015 and 2014, respectively, for which deferred taxes have not been provided as such earnings are presumed to be indefinitely reinvested in the foreign subsidiaries. It is not practical to determine the amount of deferred income taxes not provided on these earnings. If at some future date these earnings cease to be indefinitely reinvested and are repatriated, the Company may be subject to additional U.S. income taxes and foreign withholding and other taxes on such amounts. The Company continues to provide deferred taxes, as required, on the undistributed net earnings of foreign subsidiaries and unconsolidated affiliates that are not deemed to be indefinitely reinvested in operations outside the United States.

As of December 31, 2015, 2014 and 2013 the Company had $4.8 million, $5.1 million and $6.3 million of gross unrecognized tax benefits, including interest, respectively. Of these amounts, $4.8 million, $5.0 million, and $5.9 million, respectively, represent the portion that, if recognized, would impact the Company's tax provision and the effective tax rate.

The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense. As of December 31, 2015, 2014 and 2013 the Company had $0.1 million, $0.3 million and $0.3 million accrued for the payments of interest, respectively, and no amounts accrued for penalties.

The following is a reconciliation of the total amounts of unrecognized tax benefits excluding interest and penalties for the 2015 and 2014 annual reporting periods:



(in millions)	2015			2014
Balance at January 1	$	4.8		$	6.0
Gross increases - tax positions prior periods	0.4			0.5
Gross decreases - tax positions prior periods	(0.1		)	(0.4		)
Gross increases - current period tax positions	0.5			0.7
Decreases - settlements with taxing authorities	(0.6		)	(0.7		)
Reductions - lapse of statute of limitations	—			(1.2		)
Other	(0.3		)	(0.1		)
Balance at December 31	$	4.7		$	4.8

The Company believes it is reasonably possible that the total amount of gross unrecognized tax benefits as of December 31, 2015 could decrease by approximately $1.9 million in 2016 due to settlements with taxing authorities or lapses in applicable statutes of limitation. Due to the various jurisdictions in which the Company files tax returns and the uncertainty regarding the timing of the settlement of tax audits, it is possible that there could be other significant changes in the amount of unrecognized tax benefits in 2016, but the amount cannot be estimated.

The Company is regularly audited by federal, state and foreign tax authorities. The Internal Revenue Service (IRS) has completed its field examination and has issued its Revenue Agents Report for 2011 and 2012 and all open issues have been resolved. Primarily as a result of filing amended returns, which were generated by the closing of federal income tax audits, the Company is still open to state and local tax audits in major tax jurisdictions dating back to the 2008 taxable year. Following the completion in the fourth quarter of 2015 of the 2008 through 2012 Germany tax audit, the Company is no longer subject to income tax examinations by any major foreign tax jurisdiction for years prior to 2013, except for potential 2012 affirmative claims in Germany.

The difference between the actual income tax provision (benefit) and the tax provision computed by applying the statutory Federal income tax rate to Earnings before income taxes is attributable to the following:



(in millions)	2015			2014			2013
Income tax provision at 35 percent	$	110.3		$	100.7		$	73.1
State and local income taxes, net of Federal income tax effect	7.3			6.4			2.5
Deferred tax asset valuation allowance	5.3			(7.6		)	(595.2		)
Income attributable to domestic production activities	(9.2		)	(8.8		)	(3.8		)
Impairment of equity method investment	—			4.0			—
Change in estimates related to prior years and prior years amended tax return filings	(4.2		)	(1.4		)	3.3
Federal and state tax credits	(8.9		)	(7.6		)	(14.7		)
Taxes related to foreign income, net of credits	(6.7		)	5.2			2.3
Taxes related to unremitted earnings	(11.4		)	(5.5		)	(5.3		)
Tax reserve reassessment	0.6			(0.3		)	(12.8		)
Deferred tax reassessment	3.0			3.5			(1.6		)
Other	1.7			4.4			4.3
Actual income tax provision (benefit)	$	87.8		$	93.0		$	(547.9	)

Effective tax rate	27.9		%	32.3		%	NM

NM = Not meaningful

Income tax provision (benefit) allocated to continuing operations and discontinued operations for the years ended December 31 was as follows:



(in millions)	2015		2014		2013
Continuing operations	$	87.8	$	93.0	$	(547.9	)
Discontinued operations	0.3		11.0		(0.1		)
Total tax provision (benefit)	$	88.1	$	104.0	$	(548.0	)