MICROSOFT CORP - 10-Q filing on 2016-04-21

INCOME TAXES	9 Months Ended
Mar. 31, 2016
INCOME TAXES	NOTE 12 — INCOME TAXES Our effective tax rate for the three months ended March 31, 2016 and 2015 was 25% and 24%, respectively, and 17% and 24% for the nine months ended March 31, 2016 and 2015, respectively. Our effective tax rate was lower than the U.S. federal statutory rate primarily due to earnings taxed at lower rates in foreign jurisdictions resulting from producing and distributing our products and services through our foreign regional operations centers in Ireland, Singapore, and Puerto Rico. The change in the current quarter and year-to-date effective tax rate compared to prior year was primarily due to changes in the mix of our income before income taxes between the U.S. and foreign countries, offset by a benefit from the adoption of the new accounting guidance relating to stock-based compensation. The prior year-to-date effective tax rate also included an expense relating to Internal Revenue Service (“IRS”) audit adjustments and adjustments to prior years’ liabilities for intercompany transfer pricing that increased taxable income in more highly-taxed jurisdictions. Tax contingencies and other income tax liabilities were $12.7 billion and $12.1 billion as of March 31, 2016 and June 30, 2015, respectively, and are included in other long-term liabilities. This increase relates primarily to current period quarterly growth relating to intercompany transfer pricing adjustments, offset by a partial settlement of the IRS audit for tax years 2007 to 2009 in the first quarter of fiscal year 2016. While we settled a portion of the IRS audit for tax years 2004 to 2006 during the third quarter of fiscal year 2011, and settled a portion of the IRS audit for tax years 2007 to 2009 during the first quarter of fiscal year 2016, we remain under audit for those years. In February 2012, the IRS withdrew its 2011 Revenue Agents Report for tax years 2004 to 2006 and reopened the audit phase of the examination. As of March 31, 2016, the primary unresolved issue relates to transfer pricing, which could have a significant impact on our consolidated financial statements if not resolved favorably. We believe our allowances for income tax contingencies are adequate. We have not received a proposed assessment for the unresolved issues and do not expect a final resolution of these issues in the next 12 months. Based on the information currently available, we do not anticipate a significant increase or decrease to our tax contingencies for these issues within the next 12 months. We also continue to be subject to examination by the IRS for tax years 2010 to 2016. We are subject to income tax in many jurisdictions outside the U.S. Our operations in certain jurisdictions remain subject to examination for tax years 1996 to 2016, some of which are currently under audit by local tax authorities. The resolutions of these audits are not expected to be material to our consolidated financial statements.

INCOME TAXES

9 Months Ended

Mar. 31, 2016

NOTE 12 — INCOME TAXES

Our effective tax rate for the three months ended March 31, 2016 and 2015 was 25% and 24%, respectively, and 17% and 24% for the nine months ended March 31, 2016 and 2015, respectively. Our effective tax rate was lower than the U.S. federal statutory rate primarily due to earnings taxed at lower rates in foreign jurisdictions resulting from producing and distributing our products and services through our foreign regional operations centers in Ireland, Singapore, and Puerto Rico.

The change in the current quarter and year-to-date effective tax rate compared to prior year was primarily due to changes in the mix of our income before income taxes between the U.S. and foreign countries, offset by a benefit from the adoption of the new accounting guidance relating to stock-based compensation. The prior year-to-date effective tax rate also included an expense relating to Internal Revenue Service (“IRS”) audit adjustments and adjustments to prior years’ liabilities for intercompany transfer pricing that increased taxable income in more highly-taxed jurisdictions.

Tax contingencies and other income tax liabilities were $12.7 billion and $12.1 billion as of March 31, 2016 and June 30, 2015, respectively, and are included in other long-term liabilities. This increase relates primarily to current period quarterly growth relating to intercompany transfer pricing adjustments, offset by a partial settlement of the IRS audit for tax years 2007 to 2009 in the first quarter of fiscal year 2016. While we settled a portion of the IRS audit for tax years 2004 to 2006 during the third quarter of fiscal year 2011, and settled a portion of the IRS audit for tax years 2007 to 2009 during the first quarter of fiscal year 2016, we remain under audit for those years. In February 2012, the IRS withdrew its 2011 Revenue Agents Report for tax years 2004 to 2006 and reopened the audit phase of the examination. As of March 31, 2016, the primary unresolved issue relates to transfer pricing, which could have a significant impact on our consolidated financial statements if not resolved favorably. We believe our allowances for income tax contingencies are adequate. We have not received a proposed assessment for the unresolved issues and do not expect a final resolution of these issues in the next 12 months. Based on the information currently available, we do not anticipate a significant increase or decrease to our tax contingencies for these issues within the next 12 months. We also continue to be subject to examination by the IRS for tax years 2010 to 2016.

We are subject to income tax in many jurisdictions outside the U.S. Our operations in certain jurisdictions remain subject to examination for tax years 1996 to 2016, some of which are currently under audit by local tax authorities. The resolutions of these audits are not expected to be material to our consolidated financial statements.