MORGAN STANLEY
For the period ended Dec 31, 2023. Filed Feb 22, 2024.
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FY2023 · Filed Feb 22, 2024
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21. Income Taxes
Table of Contents
Notes to Consolidated Financial Statements
- Income Taxes
Components of Provision for Income Taxes
| $ in millions | 2023 | 2022 | 2021 |
|---|---|---|---|
| Current | |||
| U.S.: | |||
| Federal | $1,190 | $2,518 | $2,554 |
| State and local | 542 | 442 | 475 |
| Non-U.S.: | |||
| Brazil1 | 437 | 24 | 197 |
| U.K. | 267 | 405 | 551 |
| Japan | 139 | 105 | 105 |
| Hong Kong | 39 | 29 | 192 |
| Other2 | 432 | 236 | 470 |
| Total | $3,046 | $3,759 | $4,544 |
| Deferred | |||
| U.S.: | |||
| Federal | $(295) | $(803) | $(11) |
| State and local | (59) | (142) | 33 |
| Non-U.S.: | |||
| Brazil1 | (43) | 25 | 38 |
| U.K. | 12 | 55 | (37) |
| Japan | (13) | 20 | 4 |
| Hong Kong | (2) | (1) | (9) |
| Other2 | (63) | (3) | (14) |
| Total | $(463) | $(849) | $4 |
| Provision for income taxes | $2,583 | $2,910 | $4,548 |
In 2023, Brazil was presented separately for the first time. The prior period amounts for Other have been disaggregated to exclude Brazil to align with the current presentation.
Other Non-U.S. tax provisions for 2023, 2022 and 2021 primarily include, Singapore and Germany.
Reconciliation of the U.S. Federal Statutory Income Tax Rate to the Effective Income Tax Rate
| 2023 | 2022 | 2021 | |
|---|---|---|---|
| U.S. federal statutory income tax rate | 21.0% | 21.0% | 21.0% |
| U.S. state and local income taxes, net of U.S. federal income tax benefits | 3.4 | 1.8 | 2.1 |
| Domestic tax credits and tax exempt income | (1.3) | (0.9) | (0.6) |
| Non-U.S. earnings | 1.9 | 0.6 | 1.3 |
| Employee share-based awards | (1.5) | (1.7) | (0.6) |
| Non-taxable income1 | (2.3) | (0.8) | (0.4) |
| Other | 0.7 | 0.7 | 0.3 |
| Effective income tax rate | 21.9% | 20.7% | 23.1% |
- In 2023, Non-taxable income was presented separately for the first time. The prior period amounts for Non-U.S. earnings and Other have been disaggregated to exclude Non-taxable income to align with the current presentation.
Deferred Tax Assets and Liabilities
| $ in millions | AtDecember 31,2023 | AtDecember 31,2022 |
|---|---|---|
| Gross deferred tax assets | ||
| Net operating loss and tax credit carryforwards | $255 | $288 |
| Employee compensation and benefit plans | 2,636 | 2,487 |
| Allowance for credit losses and other reserves | 755 | 595 |
| Valuation of net trading inventory, investments and receivables | 1,897 | 1,743 |
| Other | 78 | 35 |
| Total deferred tax assets | 5,621 | 5,148 |
| Less: Deferred tax assets valuation allowance | 211 | 205 |
| Deferred tax assets after valuation allowance | $5,410 | $4,943 |
| Gross deferred tax liabilities | ||
| Fixed assets | 772 | 807 |
| Intangibles and goodwill | 2,003 | 2,019 |
| Total deferred tax liabilities | $2,775 | $2,826 |
| Net deferred tax assets | $2,635 | $2,117 |
Deferred income taxes reflect the net tax effects of temporary differences between the financial reporting and tax bases of assets and liabilities and are measured using the enacted tax rates and laws that will be in effect when such differences are expected to reverse.
The Firm believes the recognized net deferred tax assets (after valuation allowance) at December 31, 2023 are more likely than not to be realized based on expectations as to future taxable income in the jurisdictions in which it operates.
The earnings of certain foreign subsidiaries and affiliates are indefinitely reinvested due to regulatory and other capital requirements in foreign jurisdictions. As of December 31, 2023 and December 31, 2022, the unrecognized deferred tax liability attributable to indefinitely reinvested earnings is $302 million and $429 million, respectively.
Rollforward of Unrecognized Tax Benefits
| $ in millions | 2023 | 2022 | 2021 |
|---|---|---|---|
| Balance at beginning of period | $1,129 | $971 | $755 |
| Increases based on tax positions related to the current period | 147 | 256 | 201 |
| Increases based on tax positions related to prior periods | 141 | 64 | 74 |
| Decreases based on tax positions related to prior periods | (73) | (134) | (37) |
| Decreases related to settlements with taxing authorities | (79) | (6) | (10) |
| Decreases related to lapse of statute of limitations | (21) | (22) | (12) |
| Balance at end of period | $1,244 | $1,129 | $971 |
| Net unrecognized tax benefits1 | $1,090 | $1,007 | $860 |
- Represent ending unrecognized tax benefits adjusted for the impact of the federal benefit of state issues, competent authority arrangements and foreign tax credit offsets. If recognized, these net benefits would favorably impact the effective tax rate in future periods.
It is reasonably possible that significant changes in the balance of unrecognized tax benefits may occur within the next 12 months. At this time, however, it is not possible to reasonably estimate the expected change to the total amount
Table of Contents
Notes to Consolidated Financial Statements
of unrecognized tax benefits and the impact on the Firm’s effective tax rate over the next 12 months.
Interest Expense (Benefit) Associated with Unrecognized Tax Benefits, Net of Federal and State Income Tax Benefits
| $ in millions | 2023 | 2022 | 2021 |
|---|---|---|---|
| Recognized in income statement | $65 | $39 | $14 |
| Accrued at end of period | 237 | 175 | 142 |
Interest and penalties related to unrecognized tax benefits are recognized as a component of the provision for income taxes. Penalties related to unrecognized tax benefits for the years mentioned above were immaterial.
Earliest Tax Year Subject to Examination in Major Tax Jurisdictions
| Jurisdiction | Tax Year |
|---|---|
| U.S. | 2017 |
| New York State and New York City | 2010 |
| U.K. | 2014 |
| Japan | 2019 |
| Hong Kong | 2017 |
The Firm is routinely under examination by the IRS and other tax authorities in certain countries, such as Japan and the U.K., and in states and localities in which it has significant business operations, such as New York.
The Firm believes that the resolution of these tax examinations will not have a material effect on the annual financial statements, although a resolution could have a material impact in the income statement and on the effective tax rate for any period in which such resolutions occur.
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