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INCOME TAXES
12 Months Ended
Jan. 29, 2022
INCOME TAXES  
INCOME TAXES

6.   INCOME TAXES

The components of earnings (loss) before income taxes consisted of domestic earnings before income taxes of $152.5 million and $37.3 million in 2021 and 2019, respectively, and domestic loss before income taxes of $441.5 million in 2020.  The Company’s international earnings before incomes taxes were $36.7 and $41.3 million in 2021 and 2019, respectively, and international losses before income taxes were $75.6 million in 2020.

The components of income tax provision (benefit) on earnings (loss) were as follows:

($ thousands)

    

2021

    

2020

    

2019

Federal

 

  

 

  

 

  

Current

$

36,388

$

(37,140)

$

4,003

Deferred

 

(227)

 

(45,145)

 

5,390

Total federal income tax provision (benefit)

 

36,161

 

(82,285)

 

9,393

State

 

  

 

  

 

  

Current

 

4,012

 

1,532

 

290

Deferred

 

6,531

 

(9,038)

 

2,403

Total state income tax provision (benefit)

 

10,543

 

(7,506)

 

2,693

International

Current

4,615

2,288

3,914

Deferred

 

(238)

 

9,386

 

511

Total international income tax provision

 

4,377

 

11,674

 

4,425

Total income tax provision (benefit)

$

51,081

$

(78,117)

$

16,511

The differences between the income tax provision (benefit) reflected in the consolidated financial statements and the amounts calculated at the federal statutory income tax rate were as follows:

($ thousands)

    

2021

    

2020

    

2019

Income taxes at statutory rate

$

39,741

$

(108,593)

$

16,505

State income taxes, net of federal tax benefit

 

8,361

 

(17,433)

 

2,218

International earnings taxed at differing rates from U.S. statutory

 

(3,588)

 

(5,210)

 

(4,071)

Share-based compensation

 

94

 

1,094

 

86

Non-deductibility of goodwill impairment

 

 

20,179

 

Impairment of international trade name taxed at higher rate

 

 

(1,440)

 

Provision for valuation allowance, net of utilization

 

8,978

 

41,019

 

872

CARES Act NOL, net carryback benefit (1)

365

(8,203)

Non-deductibility of 162(m) limitations

3,377

1,005

1,113

GILTI, BEAT and FDII provisions

 

346

 

 

668

International entity restructuring (2)

(6,697)

Other (3)

 

104

 

(535)

 

(880)

Total income tax provision (benefit)

$

51,081

$

(78,117)

$

16,511

(1)The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law during 2020.  Among the Internal Revenue Code provisions modified by the CARES Act was a five-year carryback period for net operating losses incurred in the 2018, 2019 and 2020 tax years; temporary removal of the 80% limitation on net operating loss usage, reinstated for tax years after 2020; a temporary increase in the interest expense limitation and acceleration of refundable AMT credit.  The five-year carryback presented an opportunity to carry back net operating losses from years with a statutory 21% federal tax rate to years when the rate was 35%.
(2)Reflects the deferred tax impacts of the liquidation of certain international subsidiaries, with related impacts presented in the provision for valuation allowance, net of utilization line in the table above.
(3)The other category of income tax provision (benefit) principally represents the impact of expenses that are not deductible or partially deductible for federal income tax purposes and the impact of any return-to-provision adjustments.

Significant components of the Company’s deferred income tax assets and liabilities were as follows:

($ thousands)

    

January 29, 2022

    

January 30, 2021

Deferred Tax Assets

 

  

 

  

Lease obligations

$

149,123

$

176,953

Goodwill

43,510

56,191

Net operating loss carryforward/carryback

 

14,441

 

20,736

Accrued expenses

 

25,314

 

18,610

Employee benefits, compensation and insurance

15,751

11,006

Accounts receivable

 

5,735

 

6,149

Inventory capitalization and inventory reserves

 

6,013

 

4,130

Impairment of investment in nonconsolidated affiliate

 

1,470

 

1,470

Postretirement and postemployment benefit plans

 

259

 

285

Other

 

1,261

 

1,259

Total deferred tax assets, before valuation allowance

 

262,877

 

296,789

Valuation allowance

 

(58,959)

 

(49,981)

Total deferred tax assets, net of valuation allowance

$

203,918

$

246,808

 

  

 

  

Deferred Tax Liabilities

 

  

 

  

Lease right-of-use assets

$

(134,888)

$

(151,962)

Intangible assets

(10,624)

(30,532)

LIFO inventory valuation

 

(37,675)

 

(38,437)

Retirement plans

 

(23,718)

 

(21,041)

Capitalized software

 

(5,042)

 

(5,331)

Depreciation

 

(3,818)

 

(4,779)

Other

 

(2,884)

 

(2,970)

Total deferred tax liabilities

 

(218,649)

 

(255,052)

Net deferred tax liability

$

(14,731)

$

(8,244)

As of January 29, 2022, the Company had various federal, state and international net operating loss (“NOL”) carryforwards with tax values totaling $14.4 million.  The state NOLs totaling $4.8 million have carryforward periods ranging from one to 20 years.  The Company has NOLs in Canada and the United Kingdom of $7.7 million and $1.9 million, respectively.  The Canada NOLs have carryforward periods ranging from 15 to 20 years, while the United Kingdom NOLs have no expiration.  As of January 29, 2022, the Company is in a three-year cumulative loss position for federal, state and certain international tax jurisdictions.  Accordingly, as of January 29, 2022, the Company increased its valuation allowances on deferred tax assets to $59.0 million, reflecting the uncertainty regarding the utilization of its deferred tax assets.  

As of January 29, 2022, no deferred taxes have been provided on the accumulated unremitted earnings of the Company’s international subsidiaries that are not subject to United States income tax, beyond the amounts recorded for the one-time transition tax for the mandatory deemed repatriation of cumulative international earnings, as required by the Tax Cuts and Jobs Act.  The Company periodically evaluates its international investment opportunities and plans, as well as its international working capital needs, to determine the level of investment required and, accordingly, determines the level of international earnings that is considered indefinitely reinvested.  Based upon that evaluation, earnings of the Company’s international subsidiaries that are not otherwise subject to United States taxation are considered to be indefinitely reinvested, and accordingly, deferred taxes have not been provided.  If changes occur in future investment opportunities and plans, those changes will be reflected when known and may result in providing residual United States deferred taxes on unremitted international earnings.  If the Company’s unremitted international earnings were not considered indefinitely reinvested as of January 29, 2022, an immaterial amount of additional deferred taxes would have been provided.

Uncertain Tax Positions

ASC 740, Income Taxes, establishes a single model to address accounting for uncertain tax positions.  The standard clarifies the accounting for income taxes by prescribing a minimum recognition threshold a tax position is required to meet before being recognized in the financial statements.  The standard also provides guidance on derecognition, measurement classification, interest and penalties, accounting in interim periods, disclosure and transition.  As of January 29, 2022,

January 30, 2021 and February 1, 2020, the Company had unrecognized tax benefits of $1.0 million, $1.5 million and $1.9 million, respectively, associated with international jurisdictions.

For federal purposes, the Company’s tax filings for fiscal years 2018 to 2020 remain open to examination but are not currently being examined.   The Company also files tax returns in various international jurisdictions and numerous states for which various tax years are subject to examination and currently involved in audits.  While the Company is involved in examinations in certain jurisdictions, it does not expect any significant changes in its liability for uncertain tax positions during the next 12 months.