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Note 11. Income Taxes (Continued)
Archer Daniels Midland Company
Notes to Consolidated Financial Statements (Continued)
The Company has $69 million and $82 million of tax assets for net operating loss carry-forwards related to certain
international subsidiaries at June 30, 2008 and 2007, respectively. As of June 30, 2008, approximately $54 million
of these assets have no expiration date, and the remaining $15 million expire at various times through fiscal 2017.
The annual usage of certain of these assets is limited to a percentage of taxable income of the respective
international subsidiary for the year. The Company has recorded a valuation allowance of $60 million and $52
million against these tax assets at June 30, 2008 and 2007, respectively, due to the uncertainty of their realization.
The Company also has $41 million of tax assets related to excess foreign tax credits which begin to expire in fiscal
2013 and $25 million of tax assets related to state income tax attributes (incentive credits and net operating loss
carryforwards) net of federal benefit which will expire at various times through fiscal 2012. The Company has
recorded a valuation allowance of $24 million against the excess foreign tax credits at June 30, 2008, due to the
uncertainty of realization. The Company has also recorded a valuation allowance against the state income tax
attributes of $1 million as of June 30, 2008. As of June 30, 2007, the Company had a $15 million valuation
allowance recorded related to the excess foreign tax credits and a $1 million valuation allowance related to state
income tax incentive credits, due to the uncertainty of realization.
The Company remains subject to examination in the U.S. for the calendar tax years 2007 and 2008.
Undistributed earnings of the Company’s foreign subsidiaries and affiliated corporate joint venture companies
accounted for on the equity method of approximately $4.9 billion at June 30, 2008, are considered to be
permanently reinvested, and accordingly, no provision for U.S. income taxes has been provided thereon. It is not
practicable to determine the deferred tax liability for temporary differences related to these undistributed earnings.
The Company adopted the provisions of FIN 48 effective July 1, 2007. FIN 48 clarifies the accounting for income
tax positions by prescribing a minimum threshold a tax position is required to meet before being recognized in the
consolidated financial statements. This interpretation requires the Company to recognize in the consolidated
financial statements tax positions determined more likely than not to be sustained upon examination, based on the
technical merits of the position. Upon adoption of FIN 48, no material changes were required to be taken into
account in the income statement or balance sheet of the Company. Additionally, the 2008 changes in unrecognized
tax benefits did not have a material effect on the Company’s net income or cash flow. The total amounts of
unrecognized tax benefits at July 1, 2007, and June 30, 2008, are as follows:
60
Unrecognized
Tax Benefits
(In millions)
July 1, 2007 balance $ 21
Additions related to current year tax positions 29
Additions related to prior years’ tax position 7
Reduction related to prior years’ tax positions –
Reductions due to a lapse of the statue of limitations –
Settlements with tax authorities (2)
June 30, 2008 balance $ 55