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INCOME TAXES
12 Months Ended
Feb. 01, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
The components of income before taxes are as follows:
 
 
Fiscal Year Ended
 
 
February 1,
2020
 
February 2,
2019
 
February 3,
2018
 
 
(In thousands)
Domestic
 
$
36,660

 
$
49,820

 
$
100,288

Foreign
 
51,757

 
58,704

 
60,915

Total income before provision for income taxes
 
$
88,417

 
$
108,524

 
$
161,203


The components of the Company’s provision for income taxes consisted of the following:
 
 
Fiscal Year Ended
 
 
February 1,
2020
 
February 2,
2019
 
February 3,
2018
 
 
(In thousands)
Current:
 
 
 
 
 
 
Federal
 
$
1,810

 
$
594

 
$
31,334

State and local
 
1,186

 
2,519

 
(1,341
)
Foreign
 
6,757

 
10,019

 
11,618

 
 
9,753

 
13,132

 
41,611

 Deferred:
 
 
 
 
 
 
 Federal
 
4,240

 
(3,418
)
 
30,828

 State and local
 
1,066

 
(2,324
)
 
3,546

 Foreign
 
58

 
174

 
520

 
 
5,364

 
(5,568
)
 
34,894

Total provision for income taxes
 
$
15,117

 
$
7,564

 
$
76,505

Effective tax rate
 
17.1
%
 
7.0
%
 
47.5
%

A reconciliation between the calculated tax provision on income based on a U.S. federal statutory rate of 21.0% for the years ended February 1, 2020 and February 2, 2019, and 34.3% for the year ended February 3, 2018, and the effective tax rate is as follows:
 
 
Fiscal Year Ended
 
 
February 1,
2020
 
February 2,
2019
 
February 3,
2018
 
 
(In thousands)
Calculated income tax provision at U.S. federal statutory rate
 
$
18,568

 
$
22,790

 
$
55,246

State and local income taxes, net of federal benefit (1)
 
1,779

 
154

 
1,449

Foreign tax rate differential (2)
 
(5,019
)
 
(3,801
)
 
(10,794
)
Non-deductible expenses
 
1,491

 
861

 
514

Excess tax benefits related to stock compensation
 
(1,914
)
 
(11,804
)
 
(14,665
)
U.S. transition taxes on deemed repatriation of foreign earnings
 

 
338

 
37,607

Revaluation of deferred tax assets and liabilities
 

 
(295
)
 
5,646

Foreign withholding and state tax on unremitted earnings
 

 
(244
)
 
7,483

Unrecognized tax benefits
 
1,304

 
1,092

 
(3,199
)
Change in valuation allowance
 
(21
)
 
(62
)
 
(28
)
Global intangible low-taxed income
 
836

 
1,033

 

Federal tax credits
 
(1,790
)
 
(2,188
)
 
(1,857
)
Other
 
(117
)
 
(310
)
 
(897
)
Total provision for income taxes
 
$
15,117

 
$
7,564

 
$
76,505


(1) The total benefit from Excess tax benefit related to stock compensation includes state tax (net of federal benefit) of $0.5 million, $3.1 million, and $1.9 million for Fiscal 2019, Fiscal 2018, and Fiscal 2017, respectively.
(2) The foreign tax rate differential is due to the Company having a lower foreign effective tax rate as compared to its U.S. federal statutory tax rate of 21% for Fiscal 2019, 21% for Fiscal 2018, and 34.3% for Fiscal 2017. The Company has substantial operations in Hong Kong, which has lower statutory income tax rates as compared to the U.S. The Company’s foreign effective tax rates for Fiscal 2019, Fiscal 2018, and Fiscal 2017 were 13.2%, 17.4%, and 19.9%, respectively. This rate will fluctuate from year to year in response to changes in the mix of income by country as well as changes in foreign jurisdiction tax laws.
   
The assessment of the amount of value assigned to our deferred tax assets under the applicable accounting rules is judgmental.  We are required to consider all available positive and negative evidence in evaluating the likelihood that we will be able to realize the benefit of our deferred tax assets in the future.  Such evidence includes scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies, and the results of recent operations.  Since this evaluation requires consideration of events that may occur some years into the future, there is an element of judgment involved.  Realization of our deferred tax assets is dependent on generating sufficient taxable income in future periods.  We believe that it is more likely than not that future taxable income will be sufficient to allow us to recover substantially all of the value assigned to our deferred tax assets.  However, if future events cause us to conclude that it is not more likely than not that we will be able to recover all of the value assigned to our deferred tax assets, we will be required to adjust our valuation allowance accordingly.
The tax effects of temporary differences which give rise to deferred tax assets and liabilities are as follows:
 
 
February 1,
2020
 
February 2,
2019
 
 
(In thousands)
 Noncurrent Assets:
 
 
 
 
 Lease liabilities
 
115,409

 
11,702

 ROU assets
 
(104,392
)
 

 Stock-based compensation
 
2,288

 
9,321

 Reserves
 
8,994

 
7,955

 Inventory
 
1,620

 
3,401

 Property and equipment, net
 
(13,016
)
 
(13,499
)
 Capitalized research and development, net
 
4,156

 
1,904

 Tradenames and customer databases, net
 
(737
)
 

 Prepaid expenses
 
(735
)
 
(958
)
 Foreign and state tax on unremitted earnings
 
(1,561
)
 
(1,806
)
 Hedging transactions
 
(270
)
 
(270
)
 Net operating loss carryforwards and other tax credits
 
2,101

 
721

 Valuation allowance
 
(916
)
 
(721
)
 Total deferred tax asset, net
 
$
12,941

 
$
17,750



The Company has foreign net operating loss carryforwards of approximately $0.4 million, which do not expire. The Company also has an Alternative Minimum Tax credit (“AMT”) in Puerto Rico of approximately $0.6 million and research and development tax credits of approximately $1.8 million.
Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in assessing the need for a valuation allowance.  The Company has concluded that it is more likely than not that certain deferred tax assets cannot be used in the foreseeable future, principally the foreign net operating loss carryforwards and the AMT credit in Puerto Rico.   Accordingly, a valuation allowance has been established for these tax benefits.  However, to the extent that tax benefits related to these are realized in the future, the reduction of the valuation allowance will reduce income tax expense accordingly.
On December 22, 2017, the U.S. government passed the Tax Act. The Tax Act is comprehensive tax legislation that implements complex changes to the U.S. tax code including, but not limited to, the reduction of the corporate tax rate from 35% to 21% and a move from a global tax regime to a modified territorial regime, which requires U.S. companies to pay a mandatory one-time transition tax on historical offshore earnings that have not been repatriated to the U.S. The transition tax is payable over eight years. Within our consolidated balance sheets, the remaining unpaid transition tax of $17.6 million is included in long-term liabilities.
In Fiscal 2017, we recorded a provisional amount for the one-time transition tax of $37.6 million. In Fiscal 2018, we recorded an additional expense of $0.3 million as we finalized the one-time federal transition tax which was $37.9 million. The transition tax was based on our total accumulated post-1986 prescribed foreign earnings and profits (“E&P”) of $389 million, which was previously considered to be indefinitely reinvested prior to Fiscal 2017. In Fiscal 2017, we also recorded a provisional estimate of $5.7 million related to the revaluation of U.S. deferred tax assets and liabilities due to the lower enacted federal income tax rate, of 21%, that was effective January 1, 2018. A benefit of $0.3 million was recorded in Fiscal 2018, based on the finalization of the 2017 U.S. tax return which was filed in the fourth quarter of Fiscal 2018.
While the Company is no longer permanently reinvested to the extent earnings were subject to the transition tax under the Tax Act, no additional income taxes have been provided on any earnings subsequent to the transition or for any additional outside basis differences inherent in these entities, as these amounts continue to be permanently reinvested in foreign operations. Determining the amount of unrecognized deferred tax liability related to any additional outside basis differences in these entities (i.e., basis differences in excess of that subject to the one-time transition tax) is not practicable. The unremitted foreign earnings earned subsequent to the transition tax which are permanently reinvested are approximately $93.5 million as of February 1, 2020.


Uncertain Tax Benefits
Tax positions are evaluated in a two-step process. The Company first determines whether it is more-likely-than-not that a tax position will be sustained upon examination. If a tax position meets the more-likely-than-not recognition threshold, it is measured to determine the amount of benefit to recognize in the financial statements. The tax position is measured as the largest amount of benefit that is greater than 50% likely to be realized upon ultimate settlement.
A reconciliation of the gross amounts of unrecognized tax benefits, excluding accrued interest and penalties, is as follows:
 
 
February 1,
2020
 
February 2,
2019
 
 
(In thousands)
 Beginning Balance
 
$
5,002

 
$
3,905

 Additions for current year tax positions
 
1,399

 
1,209

 Additions for prior year tax positions
 
270

 
101

 Reductions for prior year tax positions
 

 
(118
)
 Reductions related to settlements with taxing authorities
 
(57
)
 
(48
)
 Reductions due to a lapse of the applicable statute of limitations
 

 
(44
)
 Impact of foreign currency translation
 
41

 
(3
)
 Ending Balance
 
$
6,655

 
$
5,002


Approximately $6.5 million of unrecognized tax benefits, excluding accrued interest and penalties, at February 1, 2020 would affect the Company’s effective tax rate if recognized. The Company believes it is reasonably possible that there may be a reduction of approximately $0.4 million of unrecognized tax benefits in the next 12 months as a result of settlements with taxing authorities and statute of limitations expirations.
The Company accrued interest and penalties related to unrecognized tax benefits as part of the provision for income taxes. At February 1, 2020 and February 2, 2019, accrued interest and penalties included in unrecognized tax benefits were approximately $0.1 million and $0.1 million, respectively. Interest, penalties, and reversals, thereof, net of taxes, was an expense of $0.1 million in Fiscal 2019 and benefit of $0.1 million in Fiscal 2018.
The Company is subject to tax in the U.S. and foreign jurisdictions, including Canada and Hong Kong. The Company, joined by its domestic subsidiaries, files a consolidated income tax return for federal income tax purposes. The Company is no longer subject to income tax examinations by U.S. federal, state and local, or foreign tax authorities for fiscal tax years 2015 and prior, with the exception of Hong Kong, which is open through fiscal tax year 2013 due to ongoing tax examination.