Income Taxes | Income Taxes Income before provision for income taxes was as follows: Year Ended December 31, 2023 2022 2021 (in thousands) United States $ 5,602,762 $ 4,623,218 $ 5,349,749 Foreign 602,643 640,711 490,354 Income before income taxes $ 6,205,405 $ 5,263,929 $ 5,840,103 The components of provision for income taxes for all periods presented were as follows: Year Ended December 31, 2023 2022 2021 (in thousands) Current tax provision: Federal $ 854,170 $ 109,910 $ 57,526 State 181,684 119,795 109,641 Foreign 304,539 676,827 357,189 Total current 1,340,393 906,532 524,356 Deferred tax provision: Federal (412,760) (52,434) 188,937 State (55,475) (30,691) (2,700) Foreign (74,743) (51,402) 13,282 Total deferred (542,978) (134,527) 199,519 Provision for income taxes $ 797,415 $ 772,005 $ 723,875 A reconciliation of the provision for income taxes to the amount computed by applying the 21% statutory Federal income tax rate to income before income taxes is as follows: Year Ended December 31, 2023 2022 2021 (in thousands) Expected tax expense at U.S. Federal statutory tax rate $ 1,303,123 $ 1,105,428 $ 1,226,422 State income taxes, net of Federal income tax effect 104,717 92,084 111,400 Foreign earnings at other than U.S. rates (32,292) 104,665 (86,489) Research and development tax credit (87,036) (146,615) (82,909) Excess tax benefits on stock-based compensation (119,043) (75,211) (290,899) Foreign-derived intangible income deduction (426,597) (361,013) (192,238) Nontaxable and nondeductible items 41,782 44,046 37,144 Other 12,761 8,621 1,444 Provision for income taxes $ 797,415 $ 772,005 $ 723,875 Effective Tax Rate 13 % 15 % 12 % The components of deferred tax assets and liabilities were as follows: As of December 31, 2023 2022 (in thousands) Deferred tax assets: Stock-based compensation $ 486,876 $ 443,456 Tax credits and net operating loss carryforwards 544,431 409,411 Capitalized research expenses 593,439 323,998 Accruals and reserves 137,251 119,732 Operating lease liabilities 516,574 551,418 Unrealized losses 62,213 — Other 11,615 2,234 Total deferred tax assets 2,352,399 1,850,249 Valuation allowance (442,293) (343,342) Net deferred tax assets 1,910,106 1,506,907 Deferred tax liabilities: Depreciation & amortization (357,477) (456,717) Operating right-of-use lease assets (435,216) (473,928) Unrealized gains — (47,283) Acquired intangibles (233,433) (267,438) Other (9,430) — Total deferred tax liabilities (1,035,556) (1,245,366) Net deferred tax assets $ 874,550 $ 261,541 The following table shows the deferred tax assets and liabilities within our Consolidated Balance Sheets: As of December 31, 2023 2022 (in thousands) Total deferred tax assets: Other non-current assets $ 1,000,760 $ 261,541 Total deferred tax liabilities: Other non-current liabilities (126,210) — Net deferred tax assets $ 874,550 $ 261,541 As of December 31, 2023, for tax return purposes, the Company had $582 million of California R&D tax credit carryforwards which can be carried forward indefinitely, $838 million of state net operating loss carryforwards which will begin to expire in 2026, $19 million of foreign tax credit carryforwards which will begin to expire in 2033, and $421 million of foreign net operating loss carryforwards which will begin to expire in 2024. In evaluating its ability to realize the net deferred tax assets, the Company considered all available positive and negative evidence, including its past operating results and the forecast of future market growth, forecasted earnings, future taxable income, and prudent and feasible tax planning strategies. As of December 31, 2023, the valuation allowance of $442 million was primarily related to California R&D tax credits, state net operating loss carryforwards, and foreign tax credits that the Company does not expect to realize. At December 31, 2023, we have not provided for applicable U.S. income and foreign withholding taxes on approximately $52 million of our foreign undistributed earnings because such earnings are intended to be indefinitely reinvested. At December 31, 2023, we provided taxes and recorded a deferred tax liability on our undistributed foreign earnings for which we are not indefinitely reinvested. The unrecognized tax benefits that are not expected to result in payment or receipt of cash within one year are classified as “Other non-current liabilities” and a reduction of deferred tax assets which is classified as "Other non-current assets" in the Consolidated Balance Sheets. As of December 31, 2023 and 2022, the total amount of gross unrecognized tax benefits was $327 million and $227 million, respectively, of which $188 million and $155 million, respectively, if recognized, would favorably impact the Company’s effective tax rate. The aggregate changes in the Company’s total gross amount of unrecognized tax benefits are summarized as follows: As of December 31, 2023 2022 2021 (in thousands) Balance at the beginning of the year $ 226,977 $ 202,557 $ 140,124 Increases related to tax positions taken during the current period 65,630 26,865 35,317 Increases related to tax positions taken during prior periods 76,794 — 27,116 Decreases related to tax positions taken during prior periods (10,117) (2,445) — Decreases related to settlements with taxing authorities (32,179) — — Decreases related to expiration of statute of limitations — — — Balance at the end of the year $ 327,105 $ 226,977 $ 202,557 The Company includes interest and penalties related to unrecognized tax benefits within the provision for income taxes and in “Other non-current liabilities” in the Consolidated Balance Sheets. During the years ended December 31, 2023, 2022 and 2021, the Company recorded $25 million, $2 million, and less than $1 million, respectively, of interest and penalties in the provision for income taxes. The amount of interest and penalties accrued at December 31, 2023 and 2022 was $28 million and $3 million, respectively. The Company files U.S. Federal, state and foreign tax returns. The Company is currently under examination by the IRS for years 2016 through 2018 and is subject to examination for 2019 through 2022. The foreign and state tax returns for years 2016 through 2022 are subject to examination by various state and foreign jurisdictions. While the Company is in various stages of inquiry and examination with certain taxing authorities and we believe that our tax positions will more likely than not be sustained, it is nonetheless possible that future obligations related to these matters could arise. We believe that adequate amounts have been reserved for any adjustments that may ultimately result from an examination. Given the potential outcome of current examinations, it is reasonably possible that the balance of unrecognized tax benefits could significantly change within the next twelve months. However, an estimate of the range of reasonably possible adjustments cannot be made at this time. |