NOTE 7. PROVISION FOR INCOME TAXES
Pre-tax income applicable to U.S. and foreign operations is as follows:

(Millions of dollars)
YEAR ENDED DECEMBER 31,
2003
2002
2001
United States
$213
$233
$210
Foreign
558
484
366
Total income before income taxes
$771
$717
$576

The following is an analysis of the provision for income taxes:

(Millions of dollars)
YEAR ENDED DECEMBER 31,
2003
2002
2001
CURRENT TAX EXPENSE
U.S. Federal
$  39
$  25
$  38
State and local
1
5
3
Foreign
101
91
58
 
141
121
99
DEFFERRED TAX EXPENSE (BENEFIT)
U.S. Federal
(9)
50
30
Foreign
42
(13)
6
 
33
37
36
Total income taxes
$174
$158
$135

An analysis of the difference between the provision for income taxes and the amount computed by applying the U.S. statutory income tax rate to pre-tax income follows:

(Dollar amounts in millions)
YEAR ENDED DECEMBER 31,
2003
 
2002
 
2001
 
U.S. statutory income tax rate
$270
35.0
%
$251
35.0
%
$202
35.0
%
State and local taxes
1
0.1
%
3
0.4
%
2
0.3
%
U.S. tax credits and deductions(a)
(23)
-3.0
%
(4)
-0.6
%
(12)
-2.1
%
Foreign tax rate differentials(b)
(53)
-6.8
%
(92)
-12.8
%
(47)
-8.2
%
Tax audit settlement(c)
(10)
-1.3
%
 
 
Other ­ net
(11)
-1.4
%
 
(10)
-1.6
%
Provision for income taxes
$174
22.6
%
$158
22.0
%
$135
23.4
%
(a) U.S. tax credits and deductions relate to research and experimentation tax credits, capital loss deductions and donations of certain intellectual property.
(b) Foreign tax rate differentials include various tax incentives in Spain. The company also operates in various jurisdictions in Asia and South America that currently offer tax holidays.
(c) The Tax audit settlement represents a non-recurring benefit resulting from the settlement of various tax matters in the United States.

The company recognized $15 million and $23 million during 2002 and 2001, respectively, of tax benefits related to current-year foreign net operating losses.

The company has implemented various tax planning strategies minimizing its state tax liabilities.

During 2003, the taxing authority in Italy decreased its top marginal rate. During 2002, taxing authorities in Belgium, Canada, France and Italy decreased their top marginal tax rates. The effects of these tax rate changes were immaterial.

A provision has not been made for additional federal or foreign taxes at December 31, 2003 on $1,071 million of undistributed earnings of foreign subsidiaries because Praxair has planned to reinvest these funds indefinitely. These earnings could become subject to additional tax if they are remitted as dividends, loaned to Praxair, or upon sale of the subsidiary’s stock. It is not practicable to estimate the amount or timing of the additional tax, if any, that might eventually be paid on the foreign earnings.