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Income taxes
12 Months Ended
Feb. 03, 2017
Income taxes  
Income taxes

4. Income taxes

 

The provision (benefit) for income taxes consists of the following:

 

 

 

 

 

 

 

 

 

 

 

 

(In thousands)

    

2016

    

2015

    

2014

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

613,009

 

$

590,120

 

$

543,089

 

Foreign

 

 

135

 

 

1,678

 

 

1,245

 

State

 

 

88,990

 

 

84,021

 

 

81,816

 

 

 

 

702,134

 

 

675,819

 

 

626,150

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

11,053

 

 

6,410

 

 

(7,697)

 

State

 

 

1,308

 

 

5,715

 

 

(2,937)

 

 

 

 

12,361

 

 

12,125

 

 

(10,634)

 

 

 

$

714,495

 

$

687,944

 

$

615,516

 

 

A reconciliation between actual income taxes and amounts computed by applying the federal statutory rate to income before income taxes is summarized as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Dollars in thousands)

 

2016

 

2015

 

2014

 

U.S. federal statutory rate on earnings before income taxes

    

$

687,969

    

35.0

%  

$

648,558

    

35.0

%  

$

588,303

    

35.0

%

State income taxes, net of federal income tax benefit

 

 

60,168

 

3.1

 

 

59,700

 

3.2

 

 

49,819

 

3.0

 

Jobs credits, net of federal income taxes

 

 

(18,952)

 

(1.0)

 

 

(21,366)

 

(1.2)

 

 

(18,961)

 

(1.1)

 

Increase (decrease) in valuation allowances

 

 

(1,474)

 

(0.1)

 

 

(1,371)

 

(0.1)

 

 

1,453

 

0.1

 

Stock-based compensation programs

 

 

(9,915)

 

(0.5)

 

 

 —

 

 —

 

 

 —

 

 —

 

Decrease in income tax reserves

 

 

(2,161)

 

(0.1)

 

 

(2,037)

 

(0.1)

 

 

(6,449)

 

(0.4)

 

Other, net

 

 

(1,140)

 

(0.1)

 

 

4,460

 

0.3

 

 

1,351

 

 —

 

 

 

$

714,495

 

36.3

%  

$

687,944

 

37.1

%  

$

615,516

 

36.6

%

 

The 2016 effective tax rate was an expense of 36.3%. This expense was greater than the federal statutory tax rate of 35% due primarily to the inclusion of state income taxes in the total effective tax rate. The effective income tax rate was lower in 2016 due principally to the adoption of a change in accounting guidance related to employee share-based payments, as further discussed in Note 1, requiring the recognition of excess tax benefits in the statement of income rather than in the balance sheet, as reported in prior years.

 

The 2015 effective tax rate was an expense of 37.1%. This expense was greater than the federal statutory tax rate of 35% due primarily to the inclusion of state income taxes in the total effective tax rate. The 2015 effective income tax rate increased from 2014 due principally to federal and state reserve releases in 2014 that did not reoccur, to the same extent, in 2015.

 

The 2014 effective tax rate was an expense of 36.6%. This expense was greater than the federal statutory tax rate of 35% due primarily to the inclusion of state income taxes in the total effective tax rate.

 

Deferred taxes reflect the effects of temporary differences between carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities are as follows:

 

 

 

 

 

 

 

 

 

 

    

February 3,

    

January 29,

 

(In thousands)

 

2017

 

2016

 

Deferred tax assets:

 

 

 

 

 

 

 

Deferred compensation expense

 

$

7,626

 

$

8,200

 

Accrued expenses

 

 

6,958

 

 

8,139

 

Accrued rent

 

 

24,077

 

 

20,793

 

Accrued insurance

 

 

72,990

 

 

72,676

 

Accrued incentive compensation

 

 

15,170

 

 

19,902

 

Share based compensation

 

 

18,908

 

 

17,988

 

Interest rate hedges

 

 

3,175

 

 

3,702

 

Tax benefit of income tax and interest reserves related to uncertain tax positions

 

 

746

 

 

1,371

 

Deferred gain on sale-leaseback

 

 

20,872

 

 

22,637

 

Other

 

 

12,591

 

 

9,440

 

State tax credit carry forwards, net of federal tax

 

 

8,765

 

 

10,711

 

 

 

 

191,878

 

 

195,559

 

Less valuation allowances

 

 

 —

 

 

(1,474)

 

Total deferred tax assets

 

 

191,878

 

 

194,085

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Property and equipment

 

 

(334,430)

 

 

(320,619)

 

Inventories

 

 

(65,844)

 

 

(72,456)

 

Trademarks

 

 

(434,045)

 

 

(433,548)

 

Other

 

 

(10,400)

 

 

(7,417)

 

Total deferred tax liabilities

 

 

(844,719)

 

 

(834,040)

 

Net deferred tax liabilities

 

$

(652,841)

 

$

(639,955)

 

The Company has state tax credit carry forwards of approximately $13.5 million that will expire beginning in 2022 through 2026.

 

The Company reversed the remaining valuation allowance for state tax credit carry forwards in the amount of $1.5 million, which was recorded as a reduction in income tax expense in 2016. Based upon expected future income, management believes that it is more likely than not that the results of operations will generate sufficient taxable income to realize the deferred tax assets. The 2015 decrease of $1.4 million and 2014 increase of $1.5 million were recorded as a reduction and an increase in income tax expense, respectively. 

 

The Company’s 2012 and earlier tax years are not open for further examination by the Internal Revenue Service (“IRS”). The IRS, at its discretion, may choose to examine the Company’s 2013 through 2015 fiscal year income tax filings. The Company has various state income tax examinations that are currently in progress. Generally, the Company’s 2012 and later tax years remain open for examination by the various state taxing authorities.

 

As of February 3, 2017, accruals for uncertain tax benefits, interest expense related to income taxes and potential income tax penalties were $3.1 million, $0.8 million and $0.9 million, respectively, for a total of $4.8 million. This total amount is reflected in noncurrent Other liabilities in the consolidated balance sheet.

 

As of January 29, 2016, accruals for uncertain tax benefits, interest expense related to income taxes and potential income tax penalties were $7.0 million, $0.9 million and $0.8 million, respectively, for a total of $8.7 million. This total amount is reflected in noncurrent Other liabilities in the consolidated balance sheet.

 

The Company believes that it is reasonably possible that the reserve for uncertain tax positions may be reduced by approximately $2.2 million in the coming twelve months principally as a result of the expiration of applicable statutes of limitations. Also, as of February 3, 2017, approximately $3.1 million of the uncertain tax positions would impact the Company’s effective income tax rate if the Company were to recognize the tax benefit for these positions.

 

The amounts associated with uncertain tax positions included in income tax expense consists of the following:

 

 

 

 

 

 

 

 

 

 

 

 

(In thousands)

    

2016

    

2015

    

2014

 

Income tax expense (benefit)

 

$

(3,795)

 

$

(2,379)

 

$

(9,497)

 

Income tax related interest expense (benefit)

 

 

(31)

 

 

(23)

 

 

(1,445)

 

Income tax related penalty expense (benefit)

 

 

50

 

 

373

 

 

51

 

 

A reconciliation of the uncertain income tax positions from January 31, 2014 through February 3, 2017 is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

(In thousands)

    

2016

    

2015

    

2014

 

Beginning balance

 

$

6,964

 

$

9,343

 

$

19,583

 

Increases—tax positions taken in the current year

 

 

41

 

 

214

 

 

198

 

Increases—tax positions taken in prior years

 

 

52

 

 

17

 

 

62

 

Decreases—tax positions taken in prior years

 

 

(1,435)

 

 

(106)

 

 

(8,636)

 

Statute expirations

 

 

(2,453)

 

 

(2,504)

 

 

(1,121)

 

Settlements

 

 

(52)

 

 

 —

 

 

(743)

 

Ending balance

 

$

3,117

 

$

6,964

 

$

9,343