AMZN » Topics » Note 5-OTHER LONG-TERM LIABILITIES

This excerpt taken from the AMZN 10-K filed Jan 29, 2010.

Note 6—OTHER LONG-TERM LIABILITIES

Our other long-term liabilities are summarized as follows:

 

    December 31,
    2009   2008
    (in millions)

Tax contingencies

  $ 202   $ 144

Long-term capital lease obligations

    143     124

Construction liability

    278     87

Other

    460     132
           
  $ 1,083   $ 487
           

Tax Contingencies

As of December 31, 2009 and 2008, we have provided tax reserves for tax contingencies, inclusive of accrued interest and penalties, of approximately $202 million and $144 million for U.S. and foreign income taxes. These contingencies primarily relate to transfer pricing, state income taxes, and research and development credits. See “Note 10—Income Taxes” for discussion of tax contingencies.

 

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AMAZON.COM, INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS—(Continued)

 

Capital Leases

Certain of our equipment fixed assets, primarily related to technology infrastructure, have been acquired under capital leases. Long-term capital lease obligations are as follows:

 

     December 31, 2009  
     (in millions)  

Gross capital lease obligations

   $ 276   

Less imputed interest

     (14
        

Present value of net minimum lease payments

     262   

Less current portion

     (119
        

Total long-term capital lease obligations

   $ 143   
        

Construction Liabilities

We capitalize construction in progress and record a corresponding long-term liability for certain lease agreements, including our Seattle, Washington corporate office space subject to leases scheduled to begin upon completion of development between 2010 and 2013.

For build-to-suit lease arrangements where we are involved in the construction of structural improvements prior to the commencement of the lease or take some level of construction risk, we are considered the owner of the assets during the construction period. Accordingly, as the landlord incurs the construction project costs, the assets and corresponding financial obligation are recorded in “Fixed assets, net” and “Other long-term liabilities” on our consolidated balance sheet. Once the construction is completed, if the lease meets certain “sale-leaseback” criteria, we will remove the asset and related financial obligation from the balance sheet and treat the building lease as an operating lease. If upon completion of construction, the project does not meet the “sale-leaseback” criteria, the leased property will be treated as a capital lease for financial reporting purposes.

The remainder of our other long-term liabilities primarily include deferred tax liabilities, unearned revenue, asset retirement obligations, and deferred rental liabilities.

These excerpts taken from the AMZN 10-K filed Jan 30, 2009.

Note 6—OTHER LONG-TERM LIABILITIES

Our other long-term liabilities are summarized as follows:

 

    December 31,
    2008   2007
    (in millions)

Tax contingencies

  $ 144   $ 98

Long-term capital lease obligations

    124     62

Construction liabilities

    87     15

Other

    132     117
           
  $ 487   $ 292
           

Tax Contingencies

As of December 31, 2008 and 2007, we have provided tax reserves for tax contingencies of approximately $144 million and $98 million for U.S. and foreign income taxes, which primarily relate to restructuring of certain foreign operations and intercompany pricing between our subsidiaries. See “Note 12—Income Taxes” for discussion of tax contingencies.

Capital Leases

Certain of our equipment fixed assets, primarily related to technology, have been acquired under capital leases. Long-term capital lease obligations were as follows:

 

     December 31, 2008  
     (in millions)  

Gross capital lease obligations

   $ 219  

Less imputed interest

     (23 )
        

Present value of net minimum lease payments

     196  

Less current portion

     (72 )
        

Total long-term capital lease obligations

   $ 124  
        

Construction Liabilities

We capitalize construction in progress and record a corresponding long-term liability for certain lease agreements, including our Seattle, Washington corporate office space subject to leases scheduled to begin in 2010 and 2011.

In accordance with EITF No. 97-10, for build-to-suit lease arrangements where we are involved in the construction of structural improvements prior to the commencement of the lease or take some level of construction risk, we are considered the owner of the assets during the construction period under U.S. GAAP.

 

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AMAZON.COM, INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS—(Continued)

 

Accordingly, as the landlord incurs the construction project costs, the assets and corresponding financial obligation are recorded in “Fixed assets, net” and “Other long-term liabilities” on our consolidated balance sheet. Once the construction is completed, if the lease meets certain “sale-leaseback” criteria in accordance with SFAS No. 98, Accounting for Leases, we will remove the asset and related financial obligation from the balance sheet and treat the building lease as an operating lease. If upon completion of construction, the project does not meet the “sale-leaseback” criteria, the leased property will be treated as a capital lease for financial reporting purposes.

The remainder of our other long-term liabilities primarily include deferred tax liabilities, unearned revenue, asset retirement obligations, and deferred rental liabilities.

Note 6—OTHER LONG-TERM LIABILITIES

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">Our other long-term liabilities are summarized as follows:

 


















































































  December 31,
  2008 2007
  (in millions)

Tax contingencies

 $144 $98

Long-term capital lease obligations

  124  62

Construction liabilities

  87  15

Other

  132  117
      
 $487 $292
      

Tax Contingencies

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">As of December 31, 2008 and 2007, we have provided tax reserves for tax contingencies of approximately $144 million and $98 million for U.S. and
foreign income taxes, which primarily relate to restructuring of certain foreign operations and intercompany pricing between our subsidiaries. See “Note 12—Income Taxes” for discussion of tax contingencies.

STYLE="margin-top:18px;margin-bottom:0px; margin-left:2%">Capital Leases

Certain of our
equipment fixed assets, primarily related to technology, have been acquired under capital leases. Long-term capital lease obligations were as follows:

 




































































   December 31, 2008 
   (in millions) 

Gross capital lease obligations

  $219 

Less imputed interest

   (23)
     

Present value of net minimum lease payments

   196 

Less current portion

   (72)
     

Total long-term capital lease obligations

  $124 
     

Construction Liabilities

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">We capitalize construction in progress and record a corresponding long-term liability for certain lease agreements, including our Seattle, Washington
corporate office space subject to leases scheduled to begin in 2010 and 2011.

In accordance with EITF No. 97-10, for build-to-suit
lease arrangements where we are involved in the construction of structural improvements prior to the commencement of the lease or take some level of construction risk, we are considered the owner of the assets during the construction period under
U.S. GAAP.

 


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AMAZON.COM, INC.

FACE="Times New Roman" SIZE="2">NOTES TO CONSOLIDATED FINANCIAL STATEMENTS—(Continued)

 



Accordingly, as the landlord incurs the construction project costs, the assets and corresponding financial obligation are recorded in “Fixed assets,
net” and “Other long-term liabilities” on our consolidated balance sheet. Once the construction is completed, if the lease meets certain “sale-leaseback” criteria in accordance with SFAS No. 98, Accounting for
Leases
, we will remove the asset and related financial obligation from the balance sheet and treat the building lease as an operating lease. If upon completion of construction, the project does not meet the “sale-leaseback” criteria,
the leased property will be treated as a capital lease for financial reporting purposes.

The remainder of our other long-term liabilities
primarily include deferred tax liabilities, unearned revenue, asset retirement obligations, and deferred rental liabilities.

These excerpts taken from the AMZN 10-K filed Feb 11, 2008.

Note 5—OTHER LONG-TERM LIABILITIES

Our other long-term liabilities are summarized as follows:

 

     December 31,
     2007    2006
     (in millions)

Tax contingencies

   $ 98    $ 75

Long-term capital lease obligations

     62      20

Construction liability

     15      —  

Other

     117      58
             
   $ 292    $ 153
             

Tax Contingencies

As of December 31, 2007 and 2006, we have provided tax reserves for tax contingencies of approximately $98 million and $75 million for U.S. and foreign income taxes, which primarily relate to restructuring of certain foreign operations and intercompany pricing between our subsidiaries. See “Note 12—Income Taxes” for discussion of tax contingencies.

Capital Leases

Certain of our equipment fixed assets, primarily related to technology, have been acquired under capital leases. Long-term capital lease obligations were as follows:

 

     December 31,
2007
 
     (in millions)  

Gross capital lease obligations

   $ 101  

Less imputed interest

     (13 )
        

Present value of net minimum lease payments

     88  

Less current portion

     (26 )
        

Total long-term capital lease obligations

   $ 62  
        

 

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AMAZON.COM, INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS—(Continued)

 

Construction Liability Related to Seattle Campus

We capitalize construction in progress and record a corresponding long-term liability for certain lease agreements related to our Seattle, Washington corporate office space subject to leases scheduled to begin in 2010 and 2011.

In accordance with EITF No. 97-10, for build-to-suit lease arrangements where we are involved in the construction of structural improvements prior to the commencement of the lease or take some level of construction risk, we are considered the owner of the assets during the construction period under generally accepted accounting principles. Accordingly, as the landlord incurs the construction project costs, the assets and corresponding financial obligation are recorded in “Fixed assets, net” and “Other long-term liabilities” on our consolidated balance sheet. Once the construction is completed, if the lease meets certain “sale-leaseback” criteria in accordance with SFAS No. 98, Accounting for Leases, we will remove the asset and related financial obligation from the balance sheet and treat the building lease as an operating lease. If upon completion of construction, the project does not meet the “sale-leaseback” criteria, the leased property will be treated as a capital lease for financial reporting purposes.

The remainder of our other long-term liabilities primarily include deferred tax liabilities, unearned revenue, asset retirement obligations, and deferred rental liabilities.

Note 5—OTHER LONG-TERM LIABILITIES

SIZE="2">Our other long-term liabilities are summarized as follows:

 


















































































   December 31,
   2007  2006
   (in millions)

Tax contingencies

  $98  $75

Long-term capital lease obligations

   62   20

Construction liability

   15   —  

Other

   117   58
        
  $292  $153
        

Tax Contingencies

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">As of December 31, 2007 and 2006, we have provided tax reserves for tax contingencies of approximately $98 million and $75 million for U.S. and
foreign income taxes, which primarily relate to restructuring of certain foreign operations and intercompany pricing between our subsidiaries. See “Note 12—Income Taxes” for discussion of tax contingencies.

STYLE="margin-top:18px;margin-bottom:0px; margin-left:2%">Capital Leases

Certain of our
equipment fixed assets, primarily related to technology, have been acquired under capital leases. Long-term capital lease obligations were as follows:

 




































































   December 31,
2007
 
   (in millions) 

Gross capital lease obligations

  $101 

Less imputed interest

   (13)
     

Present value of net minimum lease payments

   88 

Less current portion

   (26)
     

Total long-term capital lease obligations

  $62 
     

 


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AMAZON.COM, INC.

FACE="Times New Roman" SIZE="2">NOTES TO CONSOLIDATED FINANCIAL STATEMENTS—(Continued)

 


Construction Liability Related to Seattle Campus

STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">We capitalize construction in progress and record a corresponding long-term liability for certain lease agreements related to our Seattle, Washington
corporate office space subject to leases scheduled to begin in 2010 and 2011.

In accordance with EITF No. 97-10, for build-to-suit
lease arrangements where we are involved in the construction of structural improvements prior to the commencement of the lease or take some level of construction risk, we are considered the owner of the assets during the construction period under
generally accepted accounting principles. Accordingly, as the landlord incurs the construction project costs, the assets and corresponding financial obligation are recorded in “Fixed assets, net” and “Other long-term liabilities”
on our consolidated balance sheet. Once the construction is completed, if the lease meets certain “sale-leaseback” criteria in accordance with SFAS No. 98, Accounting for Leases, we will remove the asset and related financial
obligation from the balance sheet and treat the building lease as an operating lease. If upon completion of construction, the project does not meet the “sale-leaseback” criteria, the leased property will be treated as a capital lease for
financial reporting purposes.

The remainder of our other long-term liabilities primarily include deferred tax liabilities, unearned
revenue, asset retirement obligations, and deferred rental liabilities.

This excerpt taken from the AMZN 10-K filed Feb 16, 2007.

Note 5—OTHER LONG-TERM LIABILITIES

Our other long-term liabilities are summarized as follows:

 

     December 31,
     2006    2005
     (in millions)

Tax contingencies

   $ 75    $ 20

Long-term capital lease obligations

     20      5

Other

     58      46
             
   $ 153    $ 71
             

Tax Contingencies

As of December 31, 2006, the Company has provided tax reserves of approximately $75 million for U.S. and foreign income taxes, which primarily relate to restructuring of certain foreign operations and intercompany pricing between our subsidiaries. See “Note 12—Income Taxes” for discussion of tax contingencies.

Capital Leases

Certain of our equipment fixed assets, primarily related to technology, have been acquired under capital leases. Long-term capital lease obligations were as follows:

 

     December 31,
2006
 
     (in millions)  

Gross capital lease obligations

   $ 60  

Less imputed interest

     (5 )
        

Present value of net minimum lease payments

     55  

Less current portion

     (35 )
        

Total long-term capital lease obligations

   $ 20  
        

 

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AMAZON.COM, INC.

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS—(Continued)

 

The remainder of our other long-term liabilities primarily include asset retirement obligations and deferred rental liabilities.

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