Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.23.1
Income Taxes
 12 Months Ended
Feb. 28, 2023
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
Income (loss) before income taxes was generated as follows:
For the Years Ended
February 28,
2023		 February 28,
2022		 February 28,
2021
(in millions)
Domestic $ (1,441.6) $ (1,334.4) $ 495.2 
Foreign 1,825.2  1,644.8  2,047.7 
$ 383.6  $ 310.4  $ 2,542.9 
The income tax provision (benefit) consisted of the following:
For the Years Ended
February 28,
2023		 February 28,
2022		 February 28,
2021
(in millions)
Current
Federal $ (54.3) $ 229.3  $ 74.0 
State 15.5  31.4  19.1 
Foreign 253.1  (36.1) 81.6 
Total current 214.3  224.6  174.7 
Deferred
Federal 82.6  (10.1) 152.8 
State 29.9  (5.5) 28.3 
Foreign 95.3  100.4  155.3 
Total deferred 207.8  84.8  336.4 
Income tax provision (benefit) $ 422.1  $ 309.4  $ 511.1 

A reconciliation of the total tax provision (benefit) to the amount computed by applying the statutory U.S. federal income tax rate to income before provision for (benefit from) income taxes is as follows:
For the Years Ended
February 28, 2023 February 28, 2022 February 28, 2021
Amount % of
Pretax
Income (Loss)		 Amount % of
Pretax
Income (Loss)		 Amount % of
Pretax
Income (Loss)
(in millions, except % of pretax income (loss) data)
Income tax provision (benefit) at statutory rate $ 80.6  21.0  % $ 65.2  21.0  % $ 534.0  21.0  %
Net income tax benefit from the realization of tax losses related to a prior period divestiture (166.4) (43.4  %) —  —  % —  —  %
State and local income taxes, net of federal income tax benefit (1)
3.4  0.9  % (77.8) (25.0  %) 39.0  1.5  %
Net income tax provision (benefit) from legislative changes (2)
10.9  2.8  % 11.9  3.8  % 10.9  0.4  %
Earnings taxed at other than U.S. statutory rate (3)
(49.2) (12.8  %) (33.2) (10.7  %) (84.4) (3.2  %)
Excess tax benefits from stock-based compensation awards (4)
(5.2) (1.4  %) (48.0) (15.5  %) (29.4) (1.2  %)
Net income tax provision (benefit) recognized for adjustment to valuation allowance (5)
557.6  145.4  % 385.5  124.2  % 27.1  1.1  %
Miscellaneous items, net (9.6) (2.5  %) 5.8  1.9  % 13.9  0.5  %
Income tax provision (benefit) at effective rate $ 422.1  110.0  % $ 309.4  99.7  % $ 511.1  20.1  %
(1)Includes differences resulting from adjustments to the current and deferred state effective tax rates.
(2)The years ended February 28, 2023, and February 28, 2022, represent a net income tax provision resulting from the remeasurement of our deferred tax assets in connection with a legislative update in Switzerland. The year ended February 28, 2021, represents a net income tax provision resulting from initiatives under the CARES Act.
(3)Consists of the following (i) difference between the U.S. statutory rate and local jurisdiction tax rates, (ii) the provision for incremental U.S. taxes on earnings of certain foreign subsidiaries offset by foreign tax credits, (iii) the non-U.S. portion of tax provision (benefit) recorded on the unrealized net gain (loss) from the changes in
fair value of our investment in Canopy, and (iv) the non-U.S. portion of tax benefits recorded on the Canopy equity in earnings (losses) and related activities.
(4)Represents the recognition of the income tax effect of stock-based compensation awards in the income statement when the awards vest or are settled.
(5)Consists primarily of valuation allowances related to our investment in Canopy.

Deferred tax assets and liabilities reflect the future income tax effects of temporary differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and are measured using enacted tax rates that apply to taxable income.

Significant components of deferred tax assets (liabilities) consist of the following:
February 28,
2023		 February 28,
2022
(in millions)
Deferred tax assets
Intangible assets $ 2,021.5  $ 2,188.8 
Loss carryforwards 360.4  349.8 
Stock-based compensation 19.7  22.9 
Lease liabilities 79.3  69.0 
Inventory 26.0  51.8 
Investments in unconsolidated investees 901.8  541.0 
Other accruals 175.0  67.8 
Gross deferred tax assets 3,583.7  3,291.1 
Valuation allowances (1,091.4) (552.1)
Deferred tax assets, net 2,492.3  2,739.0 
Deferred tax liabilities
Intangible assets (555.3) (522.1)
Property, plant, and equipment (153.5) (186.0)
Investments in unconsolidated investees —  (58.9)
Provision for unremitted earnings (27.2) (26.0)
Right-of-use assets (67.2) (59.8)
Other accruals (65.3) (50.5)
Total deferred tax liabilities (868.5) (903.3)
Deferred tax assets (liabilities), net $ 1,623.8  $ 1,835.7 

In assessing the realizability of deferred tax assets, we consider whether it is more likely than not that some or all of the deferred tax assets will not be realized. In making this assessment, we consider the projected reversal of deferred tax liabilities and projected future taxable income as well as tax planning strategies. Based upon this assessment, we believe it is more likely than not that we will realize the benefits of these deductible differences, net of any valuation allowances.

As of February 28, 2023, operating loss carryforwards, which are primarily state and foreign, totaling $3.7 billion are being carried forward in a number of jurisdictions where we are permitted to use tax operating losses from prior periods to reduce future taxable income. Of these operating loss carryforwards, $1.9 billion will expire by fiscal 2030, $1.1 billion will expire between fiscal 2031 and fiscal 2043, and $700.0 million may be carried forward indefinitely in certain jurisdictions.
We have recognized valuation allowances for operating loss carryforwards and other deferred tax assets when we believe it is more likely than not that these items will not be realized. The increase in our valuation allowances as of February 28, 2023, primarily related to our investment in Canopy.
The liability for income taxes associated with uncertain tax positions, excluding interest and penalties, and a reconciliation of the beginning and ending unrecognized tax benefit liabilities is as follows:
For the Years Ended
February 28,
2023		 February 28,
2022		 February 28,
2021
(in millions)
Balance as of March 1 $ 279.0  $ 236.1  $ 249.4 
Increases as a result of tax positions taken during a prior period 51.5  16.5  3.1 
Decreases as a result of tax positions taken during a prior period (3.4) (0.1) (15.4)
Increases as a result of tax positions taken during the current period 36.8  29.5  15.2 
Decreases related to settlements with tax authorities (15.2) (2.6) (10.2)
Decreases related to lapse of applicable statute of limitations (4.4) (0.4) (6.0)
Balance as of last day of February $ 344.3  $ 279.0  $ 236.1 

As of February 28, 2023, and February 28, 2022, we had $402.3 million and $322.6 million, respectively, of unrecognized tax benefit liabilities, including interest and penalties, recognized on our balance sheets. These liabilities are primarily recorded as non-current as of the balance sheet date.

As of February 28, 2023, and February 28, 2022, we had $344.3 million and $279.0 million, respectively, of unrecognized tax benefit liabilities that, if recognized, would decrease the effective tax rate in the year of resolution.

We file U.S. federal income tax returns and various state, local, and foreign income tax returns. Major tax jurisdictions where we are subject to examination by tax authorities include Canada, Mexico, Switzerland, and the U.S. Various U.S. federal, state and foreign income tax examinations are currently in progress. It is reasonably possible that the liability associated with our unrecognized tax benefit liabilities will increase or decrease within the next 12 months as a result of these examinations or the expiration of statutes of limitation. As of February 28, 2023, we estimate that unrecognized tax benefit liabilities could change by a range of $1 million to $7 million. With few exceptions, we are no longer subject to U.S. federal, state, local, or foreign income tax examinations for fiscal years prior to February 29, 2016.

We provide for additional tax expense based on probable outcomes of ongoing tax examinations and assessments in various jurisdictions. While it is often difficult to predict the outcome or the timing of resolution of any tax matter, we believe the reserves reflect the probable outcome of known tax contingencies. Unfavorable settlement of any particular issue would require the use of cash.