6. Income Taxes - 2003 Annual Report - Duke Energy
Duke Energy

6. Income Taxes

The following details the components of income tax (benefit) expense from continuing operations:

Income Tax (Benefit) Expense from Continuing Operations

  For the Years Ended December 31,
2003   2002   2001
(in millions)
Current income taxes                    
Federal $

(232)

    $

84

  $

823

 
State  

(78)

     

14

   

106

 
Foreign  

130

     

18

   

27

 
Total current income taxes  

(180)

     

116

   

956

 
Deferred income taxes  

 

     

 

   

 

 
Federal  

(472)

     

440

   

165

 
State  

(9)

     

21

   

9

 
Foreign  

(33)

     

48

   

33

 
Total deferred income taxes  

(514)

     

509

   

207

 
Investment tax credit amortization  

(13)

     

(14)

   

(13)

 
Total income tax (benefit) expense from continuing operations $

(707)

(a)   $

611

  $

1,150

(b)

(a)   Excludes $94 million of deferred federal, state and foreign tax benefits related to the cumulative effect of changes in accounting principles recorded net of tax.

(b)   Excludes $59 million of deferred federal and state tax benefits related to the cumulative effect of change in accounting principle recorded net of tax.

The taxes recorded for discontinuing operations are excluded from the continuing operations section above and are presented as a separate column in Note 12.

(Loss) Earnings from Continuing Operations before Income Taxes

  For the Years Ended December 31,
2003   2002   2001
(in millions)
Domestic $

(2,013)

  $

1,619

  $

2,930

Foreign  

301

   

287

   

219

Total (loss) income $

(1,712)

  $

1,906

  $

3,149

Income Tax (Benefit) Expense from Continuing Operations Reconciliation to Statutory Rate

  For the Years Ended December 31,
2003   2002   2001
(in millions)
Income tax (benefit) expense, computed at the statutory
   rate of 35%
$

(599)

    $

667

    $

1,102

 
State income tax, net of federal income tax effect  

(57)

     

23

     

74

 
Tax differential on foreign earnings  

(9)

     

(34)

     

(17)

 
Employee stock ownership plan dividends  

(20)

     

(33)

     

(2)

 
Other items, net  

(22)

     

(12)

     

(7)

 
Total income tax (benefit) expense from continuing
   operations
$

(707)

    $

611

    $

1,150

 
Effective tax rate  

41.3

%    

32.1

%    

36.5

%

Net Deferred Income Tax Liability Components

  December 31,
2003   2002
(in millions)
Deferred credits and other liabilities $

1,190

  $

1,540

Other  

38

   

145

Total deferred income tax assets  

1,228

   

1,685

Valuation allowance  

(39)

   

(41)

Net deferred income tax assets  

1,189

   

1,644

Investments and other assets  

(985)

   

(1,043)

Accelerated depreciation rates  

(3,006)

   

(4,224)

Regulatory assets and deferred debits  

(1,059)

   

(856)

Total deferred income tax liabilities  

(5,050)

   

(6,123)

Total net deferred income tax liabilities $

(3,861)

  $

(4,479)

The above amounts have been classified in the Consolidated Balance Sheets as follows:

Deferred Tax Liabilities

  December 31,
2003   2002
(in millions)
Current deferred tax assets, included in other current assets $

62

  $

59

Non-current deferred tax assets, included in other investments and
   other assets
 

197

   

296

Non-current deferred tax liabilities  

(4,120)

   

(4,834)

Total net deferred income tax liabilities $

(3,861)

  $

(4,479)

Valuation allowances have been established for certain foreign net operating loss carryforwards that reduce deferred tax assets to an amount that will, more likely than not, be realized. The net change in the total valuation allowance is included in "Tax differential on foreign earnings" of the Reconciliation to Statutory Rate.

Deferred income taxes have not been provided on the undistributed earnings of Duke Energy's foreign subsidiaries as such amounts are deemed to be permanently reinvested. The cumulative undistributed earnings as of December 31, 2003, on which Duke Energy has not provided deferred income taxes, is approximately $630 million. During 2003 Duke Energy utilized certain losses that relate to the foreign currency adjustment in the amount of $114 million.