The components of the net deferred tax liability were classified in the consolidated balance sheets asfollows:(in thousands)as of September 30, 2009 2008Deferred Tax AssetsCurrent deferred taxes .................................................. $ 67,773 $ 17,308Other non-current assets ................................................. 1,643 721Deferred Tax LiabilitiesOther current liabilities .................................................. 459 110Non-current deferred taxes ............................................... 218,845 146,489Net Deferred Tax Liability ......................................... $149,888 $128,570At September 30, 2009, there were approximately $37.5 million of foreign net operating loss carryforwards,approximately $19.7 million of which expire between 2010 and 2019 with the remaining carryforwardshaving an indefinite life. In addition, there were approximately $253.7 million in state netoperating loss carry-forwards that expire between 2010 and 2029. A partial valuation allowance has beenprovided to offset the related deferred tax assets due to the uncertainty of realizing the benefit of the netoperating loss carry-forwards. The valuation allowance increased by $3.3 million and $1.1 million in fiscalyears 2009 and 2008.During September 2008, the Company amended its repatriation plan for undistributed foreign earningsto include repatriation to the U.S. of the excess net earnings after debt service payments and regulatorycapital requirements of its U.K. consolidated subsidiaries (see Note 1 – Significant Accounting Policies,Income Taxes for the Company’s reinvestment and repatriation plan for foreign earnings). As a result of theamendment, the Company recognized a provision for U.S. income taxes of $19.7 million and a net deferredincome tax liability of $3.4 million in relation to $294.8 million of accumulated and current earnings fromthe United Kingdom, of which $210.9 million was repatriated as of September 30, 2008.The Company has made no provision for U.S. income taxes on $3.4 billion of cumulative undistributedforeign earnings that are indefinitely reinvested at September 30, 2009. Determination of the potentialamount of unrecognized deferred U.S. income tax liability related to such reinvested foreign earnings is notpracticable because of the numerous assumptions associated with this hypothetical calculation. However,foreign tax credits would be available to reduce some portion of this amount. Changes to the Company’spolicy of reinvestment or repatriation of non-U.S. earnings may have a significant effect on its financialcondition and results of operations.The following reconciles the amount of tax expense at the federal statutory rate and taxes on income asreflected in the consolidated statements of income:(dollar amounts in thousands)for the fiscal years ended September 30, 2009 2008 2007Federal statutory rate ...................................... 35.00% 35.00% 35.00%Federal taxes at statutory rate ................................ $448,382 $ 782,806 $ 862,855State taxes, net of federal tax effect ........................... 30,718 41,241 50,522Effect of foreign operations ................................. (93,390) (185,530) (223,437)Change in valuation allowance .............................. — — (9,458)Other ................................................... (1,396) 9,859 11,881Actual Tax Provision ................................. $384,314 $ 648,376 $ 692,363Effective tax rate ......................................... 30.00% 28.99% 28.08%98
A reconciliation of the beginning and ending balances of gross unrecognized tax benefits is as follows:(in thousands)for the fiscal year ended September 30, 2009Balance, beginning of year ......................................................... $67,913Additions for tax positions of prior years .............................................. 9,788Reductions for tax positions of prior years ............................................ (2,614)Additions for tax positions related to the current year .................................... 9,579Settlements with taxing authorities .................................................. (755)Expirations of statute of limitations .................................................. (7,913)Balance, End of Year ........................................................ $75,998If recognized, substantially all of this amount, net of any deferred tax benefits, would favorably affectthe Company’s effective income tax rate in future periods.Accrued interest on uncertain tax positions at September 30, 2009 and 2008 was approximately $13.6million and $10.4 million, and is not presented in the unrecognized tax benefits table above. Interestexpense of $3.5 million and $4.2 million was recognized in the consolidated statements of income duringfiscal years 2009 and 2008. Accrued penalties at September 30, 2009 and 2008 were insignificant.The Company files a consolidated U.S. federal income tax return, multiple U.S. state and local incometax returns, and income tax returns in multiple foreign jurisdictions. The Company is subject to examinationby the taxing authorities in these jurisdictions. The Company’s major tax jurisdictions and the tax years forwhich the statutes of limitations have not expired are as follows: India 1995 to 2009; the City of New York2000 to 2009; Singapore 2001 to 2009; Hong Kong 2003 to 2009; Canada 2003 to 2009; the States ofCalifornia and Florida 2005 to 2009; U.S. federal and the State of New York 2006 to 2009; and the UnitedKingdom 2007 to 2009.The Company has on-going examinations in various stages of completion in the City of New York,States of Florida and Illinois, Canada and India. Examination outcomes and the timing of settlements aresubject to significant uncertainty. Such settlements may involve some or all of the following: the paymentof additional taxes, the adjustment of deferred taxes and/or the recognition of unrecognized tax benefits.The Company has recognized a tax benefit only for those positions that meet the more-likely-than-notrecognition threshold. It is reasonably possible that the total unrecognized tax benefit as of September 30,2009 could decrease by an estimated $20.6 million within the next twelve months as a result of theexpiration of statutes of limitations in the U.S. federal and certain U.S. state and local and foreign taxjurisdictions, and potential settlements with U.S. states and foreign taxing authorities. The unrecognized taxbenefits described above are included in the Company’s contractual obligations table to the extent theCompany is able to make reliable estimates of the timing of cash settlements with the respective taxingauthorities. At this time, the Company cannot make a reliable estimate as to the timing of cash settlementsbeyond the next twelve months. However, the total amount of unrecognized tax benefits is disclosed in afootnote to the contractual obligations and commitments table in Item 7 of Part II of this Form 10-K. Theamount of unrecognized tax benefits and related interest that are expected to be paid in the next twelvemonths are $4.7 million and $2.0 million.Note 15 – Commitments and ContingenciesGuaranteesThe Company is obligated to cover shortfalls for the automobile securitization trusts in amounts due tothe holders of asset-backed securities up to certain levels (see Note 9 – Securitization of Loans Held for Sale).99
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G A I N F R O M O U R P E R S P E C
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Letter to StockholdersGregory E. Jo
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LETTER TO STOCKHOLDERSHaving announ
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Directors and OfficersDirectorsChar
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Performance GraphThe following perf
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(MARK ONE)UNITED STATESSECURITIES A
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operational and other services requ
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A. Assets Under Management (“AUM
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60 days. If agreements representing
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Similar arrangements exist with the
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We generally operate our institutio
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Franklin Templeton Variable Insuran
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CATEGORY(and approximate amount of
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The following table sets forth the
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Korea; the Commission de Surveillan
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COMPETITIONThe financial services i
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or other efforts successfully stabi
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and, consequently, we are incurring
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such as information, systems and te
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like our business, is based in part
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orrowing costs and limit our access
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director of various subsidiaries of
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PART IIItem 5. Market for Registran
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OverviewWe are a global investment
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Net income decreased in fiscal year
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Investment Management Fee RateThe f
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accounts closed in a calendar year
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Information Systems, Technology and
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