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Income Taxes
12 Months Ended
Sep. 30, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

15) Income Taxes

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020. The CARES Act allows employers to defer the payment of the employer's portion of Social Security taxes for period beginning March 27, 2020 and ending December 31, 2020 to years 2021 and 2022. The company has elected to defer the payment of its portion of Social Security taxes through September 30, 2020 of $6.5 million and recorded a related deferred tax asset of $0.9 million at September 30, 2020.

On December 22, 2017, the Tax Cuts and Jobs Act (the “Tax Reform Act”) was enacted into law.  The Tax Reform Act is a complicated piece of legislation that, among other provisions, contains several key provisions which impact the Company, especially the reduction of the Federal corporate income tax rate from 35% to 21% effective January 1, 2018. In addition, between September 28, 2017 and December 31, 2022, the Tax Reform Act allows for the full depreciation, in the year acquired, for certain fixed assets purchased in that year (also known as 100% bonus depreciation). The re-measurement of the deferred tax assets and liabilities for the enacted Tax Reform Act resulted in an $11.1 million discrete tax benefit recorded as of September 30, 2018.  

Income tax expense is comprised of the following for the indicated periods (in thousands):

 

 

 

Years Ended September 30,

 

 

 

2020

 

 

2019

 

 

2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

17,083

 

 

$

7,921

 

 

$

(6,067

)

State

 

 

7,086

 

 

 

4,722

 

 

 

(1,016

)

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(2,643

)

 

 

(3,168

)

 

 

11,052

 

State

 

 

(901

)

 

 

(1,958

)

 

 

3,633

 

 

 

$

20,625

 

 

$

7,517

 

 

$

7,602

 

 

The provision for income taxes differs from income taxes computed at the Federal statutory rate as a result of the following (in thousands):

 

 

 

Years Ended September 30,

 

 

 

2020

 

 

2019

 

 

2018

 

Income from continuing operations before taxes

 

$

76,543

 

 

$

25,154

 

 

$

63,107

 

Provision for income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Tax at Federal statutory rate

 

$

16,074

 

 

$

5,282

 

 

$

17,266

 

Effect of the tax reform on deferred taxes

 

 

 

 

 

 

 

 

(11,101

)

Impact of Company loss not subject to federal income taxes

 

 

 

 

 

 

 

 

53

 

State taxes net of federal benefit

 

 

5,224

 

 

 

1,626

 

 

 

1,864

 

Permanent differences

 

 

89

 

 

 

345

 

 

 

99

 

Change in valuation allowance net of effect of the tax reform

 

 

(113

)

 

 

23

 

 

 

107

 

Other

 

 

(649

)

 

 

241

 

 

 

(686

)

 

 

$

20,625

 

 

$

7,517

 

 

$

7,602

 

 

The Tax at Federal statutory rate is determined based on income from continuing operations before tax and the enacted Federal statutory rate.  For first quarter of fiscal 2018 the Federal statutory rate was 35%.  For the remainder of fiscal 2018 and fiscal years 2019 and 2020 the Federal statutory rate was 21%.  In fiscal 2018, income from continuing operations before tax was $28.7 million in the first quarter, and $34.4 million for the remainder of the fiscal year.

The components of the net deferred taxes for the years ended September 30, 2020 and September 30, 2019 using current tax rates are as follows (in thousands):

 

 

 

September 30,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Operating lease liabilities

 

$

29,997

 

 

$

 

Net operating loss carryforwards

 

 

5,620

 

 

 

6,292

 

Vacation accrual

 

 

2,931

 

 

 

2,774

 

Pension accrual

 

 

3,807

 

 

 

4,504

 

Allowance for bad debts

 

 

1,653

 

 

 

2,235

 

Insurance accrual

 

 

2,283

 

 

 

2,419

 

Inventory capitalization

 

 

641

 

 

 

247

 

Fair value of derivative instruments

 

 

3,556

 

 

 

2,794

 

Other, net

 

 

1,208

 

 

 

 

Total deferred tax assets

 

 

51,696

 

 

 

21,265

 

Valuation allowance

 

 

(3,890

)

 

 

(4,003

)

Net deferred tax assets

 

$

47,806

 

 

$

17,262

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Operating lease right-of-use assets

 

$

28,492

 

 

$

 

Property and equipment

 

 

14,305

 

 

 

13,485

 

Intangibles

 

 

19,091

 

 

 

21,883

 

Other, net

 

 

3,145

 

 

 

2,010

 

Total deferred tax liabilities

 

$

65,033

 

 

$

37,378

 

Net deferred taxes

 

$

(17,227

)

 

$

(20,116

)

 

In order to fully realize the net deferred tax assets, the Company’s corporate subsidiaries will need to generate future taxable income. A valuation allowance is recognized if, based on the weight of available evidence including historical tax losses, it is more likely than not that some or all of deferred tax assets will not be realized. The net change in the total valuation allowance for the fiscal year ended September 30, 2020 was $(0.1) million. The net change in the total valuation allowance for the fiscal year ended September 30, 2019 was less than $0.1 million. Based upon a review of a number of factors and all available evidence, including recent historical operating performance, the expectation of sustainable earnings, and the confidence that sufficient positive taxable income will continue in all tax jurisdictions for the foreseeable future, management concludes for the year ended September 30, 2020, it is more likely than not that the Company will realize the full benefit of its deferred tax assets, net of existing valuation allowance related to State net operating loss carryforwards at September 30, 2020.

 

As of January 1, 2020, the Company had State tax effected net operating loss carry forwards (“NOLs”) of approximately $2.2 million after consideration of valuation allowances.  The State NOLs, which will expire between 2023 and 2037, are generally available to offset any future taxable income in certain states

At September 30, 2020, we did not have unrecognized income tax benefits.

We file U.S. Federal income tax returns and various state and local returns. A number of years may elapse before an uncertain tax position is audited and finally resolved. For our Federal income tax returns we have four tax years subject to examination. In our major state tax jurisdictions of New York, Connecticut, and Pennsylvania we have four years that are subject to examination. In the state tax jurisdiction of New Jersey we have five tax years that are subject to examination. While it is often difficult to predict the final outcome or the timing of resolution of any particular uncertain tax position, based on our assessment of many factors including past experience and interpretation of tax law, we believe that our provision for income taxes reflect the most probable outcome. This assessment relies on estimates and assumptions and may involve a series of complex judgments about future events.