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Income Taxes
12 Months Ended
Feb. 01, 2020
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
For financial reporting purposes, components of income (loss) before income taxes are as follows:
 
 
Fiscal Year
($ in millions)
 
2019
 
2018
 
2017
United States
 
$
550

 
$
1,183

 
$
1,301

Foreign
 
(22
)
 
139

 
123

Income before income taxes
 
$
528

 
$
1,322

 
$
1,424



The provision for income taxes consists of the following:
 
 
Fiscal Year
($ in millions)
 
2019
 
2018
 
2017
Current:
 
 
 
 
 
 
Federal
 
$
177

 
$
164

 
$
415

State
 
37

 
41

 
51

Foreign
 
44

 
49

 
49

Total current
 
258

 
254

 
515

Deferred:
 
 
 
 
 
 
Federal
 
(58
)
 
55

 
55

State
 
(20
)
 
11

 
(5
)
Foreign
 
(3
)
 
(1
)
 
11

Total deferred
 
(81
)
 
65

 
61

Total provision
 
$
177

 
$
319

 
$
576


The difference between the effective tax rate and the U.S. federal statutory tax rate is as follows:
 
 
Fiscal Year
 
 
2019
 
2018
 
2017
Federal statutory tax rate
 
21.0
 %
 
21.0
 %
 
33.7
 %
State and local income taxes, net of federal benefit
 
3.2

 
4.0

 
4.0

Tax impact of foreign operations
 
6.0

 
0.1

 
(1.1
)
Impact of TCJA of 2017
 
5.6

 
(3.2
)
 
4.0

Excess foreign tax credits
 

 
0.5

 
(0.7
)
Other
 
(2.3
)
 
1.7

 
0.5

Effective tax rate
 
33.5
 %
 
24.1
 %
 
40.4
 %

On December 22, 2017, the TCJA was enacted into law, which significantly changed existing U.S. tax law and included numerous provisions that affect our business, such as imposing a one-time transition tax on deemed repatriation of deferred foreign income, reducing the U.S. federal statutory tax rate, and adopting a territorial tax system.
The TCJA includes a provision to tax GILTI of foreign subsidiaries, a base erosion anti-abuse tax (“BEAT”) measure that taxes certain payments between a U.S. corporation and its subsidiaries, and favorable tax treatment for certain foreign derived intangible income (“FDII”), effective for us beginning fiscal 2018. The Company has made an accounting policy election to treat taxes due on the GILTI inclusion as a current period expense.
During fiscal 2019, we recorded a $30 million adjustment to increase our fiscal 2017 tax liability for additional guidance issued by the U.S. Treasury Department regarding the TCJA. In addition, the tax impact of foreign operations includes the effects of restructuring costs in certain foreign subsidiaries for which the Company was not permitted to recognize a tax benefit.
During fiscal 2018, we recorded a $33 million measurement period adjustment to reduce our fiscal 2017 provisional estimated net charge related to the transition tax and recorded certain other immaterial measurement period adjustments to reduce our fiscal 2017 provisional estimated impact of the remeasurement of our deferred tax assets and liabilities to reflect the TCJA rate reduction.
During fiscal 2017, we recorded a net $57 million charge related to the estimated effects of the TCJA primarily due to the impact of the one-time transition tax on the deemed repatriation of foreign income and the impact of the TCJA on deferred tax assets and liabilities. In addition, our estimate of the transition tax was also impacted by a change in the structure of certain legal entities in fiscal 2017, which resulted in an overall net tax benefit of approximately $23 million.
Deferred tax assets (liabilities) consist of the following:
($ in millions)
 
February 1, 2020
 
February 2,
2019
Gross deferred tax assets:
 
 
 
 
Deferred rent
 
$

 
$
124

Operating lease liabilities
 
1,726

 

Accrued payroll and related benefits
 
59

 
51

Accruals
 
132

 
106

Inventory capitalization and other adjustments
 
38

 
42

Deferred income
 
34

 
29

Federal, state, and foreign net operating losses
 
101

 
70

Other
 
37

 
40

Total gross deferred tax assets
 
2,127

 
462

Valuation allowance
 
(199
)
 
(156
)
Total deferred tax assets, net of valuation allowance
 
1,928

 
306

Deferred tax liabilities:
 
 
 
 
Depreciation and amortization
 
(246
)
 
(180
)
Operating lease assets
 
(1,448
)
 

Unremitted earnings of certain foreign subsidiaries
 
(2
)
 
(2
)
Unrealized net gain on cash flow hedges
 
(2
)
 
(3
)
Other
 
(9
)
 
(6
)
Total deferred tax liabilities
 
(1,707
)
 
(191
)
Net deferred tax assets
 
$
221

 
$
115


As of February 1, 2020, we had approximately $54 million of state and $463 million of foreign loss carryovers in multiple taxing jurisdictions that could be utilized to reduce the tax liabilities of future years. The tax-effected loss carryovers were approximately $4 million for state and $97 million for foreign as of February 1, 2020. We also had approximately $3 million of foreign tax credit carryovers as of February 1, 2020.
We provided a valuation allowance of approximately $83 million against the deferred tax assets related to the foreign loss carryovers. We also provided a valuation allowance of approximately $108 million related to other foreign deferred tax assets and $8 million related to other federal deferred tax assets, including foreign tax credit carryovers.
The state losses expire between fiscal 2022 and fiscal 2039. Approximately $344 million of the foreign losses expire between fiscal 2020 and fiscal 2039, and $119 million of the foreign losses do not expire. The foreign tax credits expire in fiscal 2029.
The activity related to our unrecognized tax benefits is as follows: 
 
 
Fiscal Year
($ in millions)
 
2019
 
2018
 
2017
Balance at beginning of fiscal year
 
$
136

 
$
118

 
$
44

Increases related to current year tax positions
 
12

 
11

 
48

Prior year tax positions:
 
 
 
 
 
 
Increases
 
11

 
29

 
28

Decreases
 
(4
)
 
(6
)
 
(2
)
Lapse of Statute of Limitations
 
(1
)
 

 
(1
)
Cash settlements
 
(1
)
 
(15
)
 

Foreign currency translation
 
(1
)
 
(1
)
 
1

Balance at end of fiscal year
 
$
152

 
$
136

 
$
118


Of the $152 million, $136 million, and $118 million of total unrecognized tax benefits as of February 1, 2020, February 2, 2019, and February 3, 2018, respectively, approximately $137 million, $125 million, and $106 million, respectively, represents the amount of unrecognized tax benefits that, if recognized, would favorably affect the effective income tax rate in future periods.
During fiscal 2019, 2018, and 2017, interest expense of $6 million, $5 million, and $4 million, respectively, was recognized on the Consolidated Statements of Income relating to income tax liabilities.
As of February 1, 2020 and February 2, 2019, the Company had total accrued interest related to income tax liabilities of $16 million and $10 million, respectively. There were no accrued penalties related to income tax liabilities as of February 1, 2020 or February 2, 2019.
The Company conducts business globally, and as a result, files income tax returns in the U.S. federal jurisdiction and various state and foreign jurisdictions. In the normal course of business, we are subject to examination by taxing authorities throughout the world, including such major jurisdictions as the United States, Canada, France, the United Kingdom, China, Hong Kong, Japan, and India. We are no longer subject to U.S. federal income tax examinations for fiscal years before 2009, and with few exceptions, we also are no longer subject to U.S. state, local, or non-U.S. income tax examinations for fiscal years before 2008.
The Company engages in continual discussions with taxing authorities regarding tax matters in the various U.S. and foreign jurisdictions in the normal course of business. As of February 1, 2020, it is reasonably possible that we will recognize a decrease in gross unrecognized tax benefits within the next 12 months of up to $3 million, primarily due to the closing of audits. If we do recognize such a decrease, the net impact on the Consolidated Statements of Income would not be material.