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Income Taxes
12 Months Ended
May 31, 2011
Income Taxes  
Income Taxes

7.  Income Taxes

 

(In thousands)

    2011     2010     2009  
 
 
 
 

Income before income taxes consist of the following components:

                   
 

U.S. operations

  $ 377,922   $ 315,717   $ 332,863  
 

Foreign operations

    14,747     28,175     28,730  
         
 

 

  $ 392,669   $ 343,892   $ 361,593  
         

 

 

(In thousands)

    2011     2010     2009  
 
 
 
 

Income taxes consist of the following components:

                   
 

Current:

                   
 

Federal

  $ 70,811   $ 106,389   $ 135,909  
 

State and local

    15,063     12,909     18,962  
         
 

    85,874     119,298     154,871  
 

Deferred

    59,806     8,974     (19,635 )
         
 

  $ 145,680   $ 128,272   $ 135,236  
         

 

 

(In thousands)

    2011     2010     2009  
 
 
 
 

Reconciliation of income tax expense using the statutory rate and actual income tax expense is as follows:

                   
 

Income taxes at the U.S. federal statutory rate

  $ 137,434   $ 120,362   $ 126,558  
 

State and local income taxes, net of federal benefit

    11,984     8,631     9,062  
 

Other

    (3,738 )   (721 )   (384 )
         
 

  $ 145,680   $ 128,272   $ 135,236  
         

The components of deferred income taxes included on the consolidated balance sheets are as follows:

 

(In thousands)

    2011     2010  
 
 
 
 

Deferred tax assets:

             
 

Allowance for doubtful accounts

  $ 5,630   $ 4,890  
 

Inventory obsolescence

    11,204     12,381  
 

Insurance and contingencies

    19,121     16,148  
 

Stock-based compensation

    12,585     9,954  
 

Other

    15,065     20,622  
         
 

    63,605     63,995  
 

Deferred tax liabilities:

             
 

In service inventory

    10,108     8,416  
 

Property

    118,413     81,634  
 

Intangibles

    77,910     65,868  
 

State taxes and other

    7,682     6,222  
         
 

    214,113     162,140  
         
 

Net deferred tax liability

  $ 150,508   $ 98,145  
         

Income taxes paid were $105.8 million, $103.8 million and $187.2 million for the fiscal years ended May 31, 2011, 2010 and 2009, respectively.

Undistributed earnings of foreign subsidiaries were approximately $222.0 million, $198.3 million and $181.6 million for the fiscal years ended May 31, 2011, 2010 and 2009, respectively, for which deferred taxes have not been provided. Such earnings are considered indefinitely invested in the foreign subsidiaries. If such earnings were repatriated, additional tax expense may result.

Accounting for uncertain tax positions requires the determination of whether tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Companies may recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such a position should be measured based on the largest benefit that has a greater than fifty percent likelihood of being realized upon ultimate settlement.

As of May 31, 2011 and 2010, there was $18.8 million and $27.8 million, respectively, in total unrecognized tax benefits, which, if recognized, would favorably impact Cintas' effective tax rate. Cintas recognizes interest accrued related to unrecognized tax benefits and penalties in income tax expense in the consolidated statements of income, which is consistent with the recognition of these items in prior reporting periods. The total amount accrued for interest and penalties as of May 31, 2011 and 2010, was $9.1 million and $15.7 million, respectively. Cintas records this tax liability as current and long-term accrued liabilities on the consolidated balance sheets, as appropriate.

In the normal course of business, Cintas provides for uncertain tax positions and the related interest, and adjusts its unrecognized tax benefits and accrued interest accordingly. Unrecognized tax benefits related to continuing operations increased by $6.4 million in fiscal 2011, increased by $0.9 million in fiscal 2010 and decreased by $18.7 million in fiscal 2009. Accrued interest decreased by $6.6 million in fiscal 2011, decreased by less than $0.1 million in fiscal 2010 and decreased by $0.6 million in fiscal 2009.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 

(In thousands)

       
 
 
 
 

Balance at June 1, 2009

  $ 95,165  
 

Additions based on tax positions related to the current year

    1,528  
 

Additions for tax positions of prior years

    3,760  
 

Settlements

    (605 )
 

Statute expirations

    (3,991 )
         
 

Balance at May 31, 2010

  $ 95,857  
 

Additions for tax positions of prior years

    10,529  
 

Settlements

    (2,194 )
 

Statute expirations

    (1,093 )
         
 

Balance at May 31, 2011

  $ 103,099  
         

The majority of Cintas' operations are in North America. Cintas is required to file federal income tax returns, as well as state income tax returns in a majority of the domestic states and also in certain Canadian provinces. At times, Cintas is subject to audits in these jurisdictions. The audits, by nature, are sometimes complex and can require several years to resolve. The final resolution of any such tax audit could result in either a reduction in Cintas' accruals or an increase in its income tax provision, either of which could have an impact on the consolidated results of operation in any given period.

All U.S. federal income tax returns are closed to audit through fiscal 2008. Cintas is currently in advanced stages of various audits in certain foreign jurisdictions and certain domestic states. The years under audit cover fiscal years back to 2004. Based on the resolution of the various audits and other potential regulatory developments, it is reasonably possible that the balance of unrecognized tax benefits could decrease by approximately $12.8 million for the fiscal year ended May 31, 2012.