Eastman Kodak Company has announced that it has received a USD581mn tax refund
from the US Internal Revenue Service, with which it plans to fund a major stock
repurchase program.
The company revealed in a statement published on 24th June that the tax refund
is related to the audit of certain claims filed for tax years 1993-1998, and
is composed of a refund of past federal income taxes paid of USD306mn and USD275mn
of interest earned on the refund.
The federal tax refund claim related primarily to a 1994 loss recognized on
the company’s sale of stock of a subsidiary, Sterling Winthrop Inc., which
was originally disallowed under IRS regulations in effect at that time. The
IRS subsequently issued revised regulations that served as the basis for this
refund claim.
The company plans to fund the majority of a USD1bn stock repurchase program,
which is authorized through the end of 2009, from the tax refund, with the remainder
to come from available cash on hand. The repurchase will commence as soon as
practicable, in accordance with the rules and regulations of the US Securities
and Exchange Commission that govern such purchases, the company revealed
Eastman Kodak explained that the refund will have a positive impact on the
company’s net earnings for the second quarter of 2008 of USD574mn. Of
the USD574mn increase in net earnings, USD300mn relates to the 1994 sale of
Sterling Winthrop Inc., which will be reflected in earnings from discontinued
operations, net of income taxes. The balance of USD274 million, which represents
interest, will be reflected in earnings from continuing operations.
Because of tax-loss carryforwards and other tax attributes, the company expects
to retain USD575mn of the USD581mn proceeds received, with the difference representing
expected payments in 2008 for state income taxes.
Under the terms of the repurchase program, the company may repurchase shares
in open market purchases or through privately negotiated transactions. The stock
repurchase activities will be conducted in compliance with the safe harbor provisions
of Rule 10b-18 of the Securities Exchange Act of 1934, as amended.
“Our Board’s decision to authorize this repurchase initiative underscores
the rising confidence we have in Kodak’s product portfolio, in our current
financial position, and in the execution of our strategy,” commented Antonio
M. Perez, Chairman and Chief Executive Officer, Eastman Kodak Company.
“With our significant liquidity and strong balance sheet, we continue
to pursue a variety of long-term, value-creating growth initiatives that are
well funded. In addition, we strongly believe that at the current price, the
purchase of our own stock is an appropriate use of our cash and will further
enhance long-term shareholder value," he added.