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INCOME TAXES
12 Months Ended
Jun. 01, 2013
INCOME TAXES
9. INCOME TAXES

The components of income (loss) before income taxes are (in thousands):

 

     Fiscal Year Ended  
     June 1,
2013
    June 2,
2012
     May 28,
2011
 

United States

   $ (2,716   $ 982       $ (947

Foreign

     3,358        6,674         3,397   
  

 

 

   

 

 

    

 

 

 

Income before income taxes

   $ 642      $ 7,656       $ 2,450   
  

 

 

   

 

 

    

 

 

 

The provision for income taxes differs from income taxes computed at the federal statutory tax rate of 34% during fiscal 2013 and 2012 and 35% during fiscal 2011 as a result of the following items:

 

     Fiscal Year Ended  
     June 1,
2013
    June 2,
2012
    May 28,
2011
 

Federal statutory rate

     34.0 %     34.0 %     35.0

Effect of:

      

State income taxes, net of federal tax benefit

     (14.5 )     0.4       (1.4 )

Foreign income inclusion

     24.7        5.1        16.9   

Foreign taxes at other rates

     (44.6 )     (17.5 )     (13.0 )

Other permanent tax differences

     3.2        1.2        (3.9

Tax reserves

     (23.5 )     (1.6 )     (14.5 )

Additional U.S. tax on undistributed foreign earnings

     33.8        (25.4     —     

Net increase in valuation allowance for deferred tax assets

     18.1       —          —     

Additional benefit for carryback of current year federal loss

     (6.1     —          —     

Other

     (0.2 )     (0.3 )     —     

Effective tax rate

     24.9     (4.4 )%      19.1

The effective tax rate differs from the U.S. federal statutory rate of 34% during fiscal 2013 due to our geographical distribution of taxable income or losses, the release of income tax reserves for uncertain tax positions, changes in the amount of foreign earnings considered to be permanently reinvested, and changes in valuation allowance. There were no changes in judgment during the fiscal year end regarding the beginning-of-year valuation allowance.

 

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

 

     Fiscal Year Ended  
     June 1,
2013
    June 2,
2012
    May 28,
2011
 

Current:

      

Federal

   $ (974   $ 950      $ (282

State

     56        2        (39

Foreign

     970        1,156        789   
  

 

 

   

 

 

   

 

 

 

Total current

   $ 52      $ 2,108      $ 468   
  

 

 

   

 

 

   

 

 

 

Deferred:

      

Federal

   $ (213   $ (2,392   $ —     

State

     151        —          —     

Foreign

     170        (50     —     
  

 

 

   

 

 

   

 

 

 

Total deferred

   $ 108      $ (2,442   $ —     
  

 

 

   

 

 

   

 

 

 

Income tax provision (benefit)

   $ 160      $ (334   $ 468   
  

 

 

   

 

 

   

 

 

 

Deferred income taxes reflect the net tax effect of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Our deferred tax assets and liabilities reflect continuing operations as of June 1, 2013 and June 2, 2012. Significant components are as follows (in thousands):

 

     Fiscal Year Ended  
     June 1, 2013     June 2, 2012  

Deferred tax assets:

    

NOL carryforwards - foreign and domestic

   $ 3,086      $ 2,827   

Inventory valuations

     935        1,031   

Goodwill

     1,050        1,442   

Severance reserve

     200        151   

Foreign capital loss

     1,093        1,093   

Other

     2,638        2,656   
  

 

 

   

 

 

 

Subtotal

   $ 9,002      $ 9,200   

Valuation allowance - foreign and domestic

     (4,201     (3,787
  

 

 

   

 

 

 

Net deferred tax assets after valuation allowance

   $ 4,801      $ 5,413   
  

 

 

   

 

 

 

Deferred tax liabilities:

    

Accelerated depreciation

   $ (309   $ (312

Tax on undistributed earnings

     (6,820     (7,622

Other

     (1,065     (799
  

 

 

   

 

 

 

Subtotal

   $ (8,194   $ (8,733
  

 

 

   

 

 

 

Net Deferred tax assets (liabilities)

   $ (3,393   $ (3,320
  

 

 

   

 

 

 

Supplemental disclosure of deferred tax assets (liabilities) information:

    

Domestic

   $ (2,108   $ (2,458

Foreign

   $ 2,916      $ 2,925   

 

As of June 1, 2013, we had no domestic federal net operating loss (“NOL”) carryforwards. Domestic state NOL carryforwards amounted to approximately $2.3 million. Foreign NOL carryforwards totaled approximately $0.8 million with various or indefinite expiration dates. We also had no alternative minimum tax credit carryforward or foreign tax credit carryforwards as of June 1, 2013. The domestic federal NOL and foreign tax credit generated in fiscal 2013 are expected to be carried back to prior tax years.

Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets. A significant component of objective evidence evaluated was the cumulative income or loss incurred in each jurisdiction over the three-year period ended June 1, 2013. On the basis of this evaluation, as of June 1, 2013, a valuation allowance of $7.5 million has been established to record only the portion of the deferred tax asset that more likely than not will be realized. The valuation allowance relates to deferred tax assets in jurisdictions where cumulative losses have been incurred, and domestic state NOL carryforwards related to states where the utilization of NOLs have been suspended. The amount of the deferred tax asset considered realizable, however, could be adjusted if estimates of future taxable income during the carryforward period are reduced or increased, or if objective negative evidence in the form of cumulative losses is no longer present and additional weight may be given to subjective evidence such as our projections for growth.

Our future U.S. federal statutory tax rate is expected to be closer to 34%, our state effective tax rate is expected to be approximately 3.8%, and our foreign effective tax rate is expected to be approximately 26%.

Income taxes paid, including foreign estimated tax payments, were $1.7 million, $40.1 million, and $3.4 million during fiscal 2013, 2012, and 2011, respectively.

We have historically determined that certain undistributed earnings of our foreign subsidiaries to the extent of cash available will be repatriated to the U.S., and accordingly, we have provided a deferred tax liability totaling $6.8 million and $7.6 million as of June 1, 2013 and June 2, 2012, respectively, on foreign earnings of $42.6 million. In addition, as of June 1, 2013, $36.9 million of cumulative positive earnings of some of our foreign subsidiaries are still considered permanently reinvested pursuant to ASC 740-30, Income Taxes - Other Considerations or Special Areas (“ASC 740-30”). Due to various tax attributes that are continuously changing, it is not practical to determine what, if any, tax liability might exist if such earnings were to be repatriated.

In the normal course of business, we are subject to examination by taxing authorities throughout the world. Generally, years prior to fiscal 2005 are closed for examination under the statute of limitation for U.S. federal, state or local, or non-U.S. tax jurisdictions. During fiscal 2013, we completed federal audits in the U.S. for fiscal 2009, 2010, and 2011. Our primary foreign tax jurisdictions are Germany and the Netherlands. We have tax years open in Germany and the Netherlands beginning in fiscal 2007.

The uncertain tax positions as of June 1, 2013 and June 2, 2012, totaled $0.03 million and $1.8 million, respectively. No unrecognized tax benefits would affect our effective tax rate if recognized. The following table summarizes the activity related to the unrecognized tax benefits (in thousands):

 

     Fiscal Year Ended  
     June 1, 2013     June 2, 2012  

Unrecognized tax benefits, beginning of period

   $ 1,750      $ 2,034   

Increase (decrease) due to currency translation

     2        (36

Increase in positions taken in prior period

     —          —     

Decrease in positions taken in prior period

     —          —     

Increase in positions taken in current period

     99        —     

Decrease in positions due to settlements

     (1,779     —     

Decrease related to the expiration of statute of limitations

     (40     (248
  

 

 

   

 

 

 

Unrecognized tax benefits, end of period

   $ 32      $ 1,750   
  

 

 

   

 

 

 

 

Unrecognized tax benefits for continuing and discontinued operations are as follows (in thousands):

 

     Fiscal Year Ended  
     June 1, 2013      June 2, 2012  

Continuing operations

   $ 17       $ 358   

Discontinuing operations

     15         1,392   
  

 

 

    

 

 

 
   $ 32       $ 1,750   
  

 

 

    

 

 

 

We record penalties and interest relating to uncertain tax positions in the income tax expense line item within the consolidated statements of operations and comprehensive income (loss). Accrued interest and penalties are included within the related tax liability line in the Consolidated Balance Sheet. As of June 1, 2013 and June 2, 2012, we recorded a liability for interest and penalties of $0.04 million and $0.1 million, respectively.

Given that unrecognized tax benefits are less than $0.1 million, it is not expected that there will be a change in the unrecognized tax benefits due to the expiration of various statutes of limitations within the next 12 months.