Annual report pursuant to Section 13 and 15(d)

Taxes

v3.23.1
Taxes
 12 Months Ended
Jan. 28, 2023
Taxes Payable [Abstract]  
Taxes Taxes
Income tax expense (benefit) is as follows:
2022 2021 2020
Current Deferred Total Current Deferred Total Current Deferred Total
(millions)
Federal $ 361  $ (56) $ 305  $ 369  $ (21) $ 348  $ (520) $ (179) $ (699)
State and local 18  18  36  48  40  88  1  (148) (147)
$ 379  $ (38) $ 341  $ 417  $ 19  $ 436  $ (519) $ (327) $ (846)
The income tax expense (benefit) reported differs from the expected tax computed by applying the federal income tax statutory rate of 21% to income before income taxes. The reasons for this difference and their tax effects are as follows:
2022 2021 2020
(millions)
Expected tax $ 319  $ 392  $ (1,006)
State and local income taxes, net of federal income taxes (a) 23  84  (140)
CARES Act carryback benefit —  (29) (205)
Goodwill impact —  —  492 
Tax impact of equity awards —  —  8 
Federal tax credits (4) (3) (5)
Change in valuation allowance 5  (15) 24 
Other (2) 7  (14)
$ 341  $ 436  $ (846)
(a) 2022 includes an income tax benefit from the favorable resolution of state income tax litigation.
The Company participates in the Internal Revenue Service (IRS) Compliance Assurance Program (CAP). As part of the CAP, tax years are audited on a contemporaneous basis so that all or most issues are resolved prior to the filing of the tax return. The IRS has completed examinations of 2021 and all prior tax years.
The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities are as follows:
January 28,
2023		 January 29,
2022
(millions)
Deferred tax assets
Post employment and postretirement benefits $ 50  $ 48 
Accrued liabilities accounted for on a cash basis for tax purposes 112  100 
Lease liabilities 881  917 
Unrecognized state tax benefits and accrued interest 22  38 
State operating loss and credit carryforwards 132  152 
Other 112  95 
Valuation allowance (94) (89)
Total deferred tax assets 1,215  1,261 
Deferred tax liabilities    
Excess of book basis over tax basis of property and equipment (872) (914)
Right of use assets (717) (751)
Merchandise inventories (351) (300)
Intangible assets (116) (116)
Other (106) (163)
Total deferred tax liabilities (2,162) (2,244)
Net deferred tax liability $ (947) $ (983)
The valuation allowance at January 28, 2023 and January 29, 2022 relates to net deferred tax assets for state net operating loss and credit carryforwards. The net change in the valuation allowance amounted to an increase of $5 million for 2022. In 2021, the net change in the valuation allowance amounted to a decrease of $15 million.
As of January 28, 2023, the Company had no federal net operating loss carryforwards, state net operating loss carryforwards, net of valuation allowances, of $696 million, which will expire between 2023 and 2042, and no state credit carryforwards, net of valuation allowances.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
January 28,
2023		 January 29,
2022		 January 30,
2021
(millions)
Balance, beginning of year $ 102  $ 113  $ 133 
Additions based on tax positions related to the current year 13  12  9 
Reductions for tax positions of prior years (20) (11) (13)
Settlements (4) (2) (4)
Statute expirations (11) (10) (12)
Balance, end of year $ 80  $ 102  $ 113 
Amounts recognized in the Consolidated Balance Sheets      
Current income taxes $ 4  $ 14  $ 6 
Deferred income taxes 1  3  3 
Other liabilities (b) 75  85  104 
$ 80  $ 102  $ 113 
(b) Unrecognized tax benefits not expected to be settled within one year are included within other liabilities on the Consolidated Balance Sheets.
Additional information regarding unrecognized benefits and related interest and penalties is as follow:
January 28,
2023		 January 29,
2022
(millions)
Amount of unrecognized tax benefits, net of deferred tax assets, that if recognized would affect the effective tax rate
 $ 63  $ 81 
Accrued federal, state and local interest and penalties 23  65 
Amounts recognized in the Consolidated Balance Sheets    
Current income taxes 4  32 
Other liabilities 19  33 
The Company classifies federal, state and local interest and penalties not expected to be settled within one year as other liabilities on the Consolidated Balance Sheets and follows a policy of recognizing all interest and penalties related to unrecognized tax benefits in income tax expense. The accrued federal, state and local interest and penalties primarily relate to state tax issues and the amount of penalties paid in prior periods, and the amounts of penalties accrued at January 28, 2023 and January 29, 2022, are insignificant. Federal, state and local interest and penalties amounted to income of $38 million for 2022, and expense of $5 million, and $1 million for 2021 and 2020, respectively.
The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction and various state and local jurisdictions. The Company is no longer subject to U.S. federal income tax examinations by tax authorities for years before 2019. With respect to state and local jurisdictions, with limited exceptions, the Company and its subsidiaries are no longer subject to income tax audits for years before 2013. Although the outcome of tax audits is always uncertain, the Company believes that adequate amounts of tax, interest and penalties have been accrued for any adjustments that are expected to result from the years still subject to examination.