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Note 4 - Income Taxes
12 Months Ended
Feb. 25, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
4
.
Income Taxes
 
 
The Tax Act was enacted on
December 22, 2017.
The Tax Act made comprehensive changes to the U.S. Tax Code, including, but
not
limited to, (i) reducing the U.S. corporate tax rate from
35%
to
21%,
(ii) changing the rules related to uses and limitations of net operating loss carryforwards created in tax years beginning after
December 31, 2017, (
iii) immediate expensing of certain qualified property, (iv) eliminating certain deductions, (v) repealing the corporate minimum tax, and (vi) changing the manner in which international operations are taxed in the U.S., including  a mandatory
one
-time transition tax on the accumulated untaxed earnings of foreign subsidiaries of U.S. shareholders.  Although the majority of the changes resulting from the Tax Act are effective for tax years beginning in
2018,
U.S. GAAP requires that certain impacts of the Tax Act be recognized in the income tax provision in the period of enactment. The corporate tax rate reduction is effective on
January 1, 2018,
and under tax law, the Company’s Federal statutory tax rate for the
2018
fiscal year is a blended rate of
32.85%.
 
In response to the enactment of the Tax Act, the Securities and Exchange Commission issued Staff Accounting Bulletin (“SAB”)
118,
which provides guidance on accounting for the tax effects of the Tax Act. SAB
118
provides a measurement period that should
not
extend beyond
one
year from the Tax Act enactment date for companies to complete the accounting under Accounting Standards Codification (“ASC”)
740.
To the extent that a company’s accounting for certain income tax effects of the Tax Act is incomplete but is able to determine a reasonable estimate, the company must record the estimate in its financial statements.
 
Under the mandatory
one
-time transition tax provision, the Company incurred a current income tax expense of approximately
$23,139
on its untaxed foreign earnings. In accordance with the guidelines provided by the Tax Act, the Company aggregated untaxed foreign earnings and profits and utilized participation exemption deductions and foreign tax credits in arriving at a provisional transition tax liability. Companies are permitted to pay this
one
-time transition tax over an
eight
year period.
 
The provisional
one
-time transition tax liability, after utilizing current year domestic losses of
$21,887,
was recorded as a current income tax payable and a non-current income tax payable of
$1,751
and
$20,136
respectively, and is payable over an
eight
year period. The Company concurrently reversed
$44,309
of deferred tax liability previously accrued for untaxed foreign earnings and profits. The net impact was an income tax benefit of
$18,456
recorded in the income tax (benefit) provision in the Consolidated Statements of Operations.
 
In connection with the enactment of the Tax Act, the Company re-measured its U.S. deferred tax assets and liabilities based on the rates at which they are expected to be realized in future tax years.  During the
fourth
quarter of fiscal year
2018,
the Company recorded a provisional income tax provision and corresponding reduction in the net U.S. deferred tax asset of approximately
$1,963.
 
The potential global intangible low-taxed income (“GILTI”) provisions are effective for tax years of foreign corporations beginning after
December 31, 2017. 
The Company has
not
yet made a policy election with respect to its treatment of potential GILTI.  Companies can either account for taxes on GILTI as incurred or recognize deferred taxes when basis differences exist that are expected to affect the amount of the GILTI inclusion upon reversal.  The Company is still in the process of analyzing the provisions of the Tax Act associated with GILTI and the expected impact of GILTI on the Company in the future. 
 
While the Company was able to make a reasonable estimate of the impact of the reduction in the U.S. federal corporate tax rate and the mandatory
one
-time transition tax, the provisional amounts recorded could change for a variety of factors, including, but
not
limited to, (i) anticipated guidance from the U.S. Department of Treasury about implementing the Tax Act, (ii) potential additional guidance from the Securities and Exchange Commission related to the Tax Act, and (iii) the Company’s further assessment of the Tax Act and related regulatory guidance.
 
The Company is continuing to evaluate the Tax Act and its requirements, as well as its application to the Company and its impact on the Company’s effective tax rate.
 
The income tax (benefit) provision includes the following:
 
   
Fiscal Year
 
   
2018
   
2017
   
2016
 
                         
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
  $
21,568
    $
(532
)   $
10,118
 
State and local
   
219
     
(40
)    
(120
)
Foreign
   
808
     
3,083
     
3,883
 
   
 
22,595
   
 
2,511
   
 
13,881
 
                         
Deferred:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
   
(42,054
)    
(369
)    
(11,273
)
State and local
   
(52
)    
(590
)    
(205
)
Foreign
   
46
     
(574
)    
66
 
   
 
(42,060
)
 
 
(1,533
)
 
 
(11,412
)
   
$
(19,465
)
 
$
978
   
$
2,469
 
 
 
State income tax benefits from loss carryforwards to future years were recognized as deferred tax assets in the
2018,
2017
and
2016
fiscal years.
 
The Company continuously evaluates the liquidity and capital requirements of its operations in the United States and of its foreign subsidiaries. As a result of such evaluations, the Company repatriated
$135,300,
$6,800
and
$61,000
in cash from Nelco Products Pte Ltd. in Singapore in the
2018,
2017
and
2016
fiscal years, respectively.
 
 
The Company’s pre-tax earnings from the United States and foreign locations are as follows:
 
   
Fiscal Year
 
   
2018
   
2017
   
2016
 
                         
United States
  $
(8,164
)   $
(4,742
)   $
(3,331
)
Foreign
   
9,294
     
15,003
     
23,829
 
Earnings before income taxes
 
$
1,130
   
$
10,261
   
$
20,498
 
 
The Company’s effective income tax rate differs from the statutory U.S. Federal income tax rate as a result of the following:
 
   
Fiscal Year
 
   
2018
   
2017
   
2016
 
                         
Statutory U.S. Federal tax rate
   
32.9
%    
34.0
%    
35.0
%
State and local taxes, net of Federal benefit
   
(13.3
%)    
2.4
%    
1.2
%
Foreign tax rate differentials
   
(131.8
%)    
(24.4
%)    
(21.0
%)
Valuation allowance on deferred tax assets
   
2.8
%    
(5.3
%)    
(0.2
%)
Adjustment on tax accruals
   
17.2
%    
6.8
%    
3.3
%
FIN 48 change    
(44.1
%)    
-
     
-
 
Foreign tax credits
   
(31.4
%)    
(3.3
%)    
(1.1
%)
U.S. Tax Reform
   
(1,633.4
%)    
-
     
-
 
Deferred tax liability on undistributed foreign earnings
   
-
     
(3.4
%)    
(4.5
%)
Subpart F    
77.2
%    
-
     
-
 
Permanent differences and other
   
1.3
%    
2.7
%    
(0.7
%)
   
 
(1,722.6
%)
 
 
9.5
%
 
 
12.0
%
 
The Company had federal net operating loss carryforwards of
$0
in the
2018
and
2017
fiscal years, state net operating loss carryforwards of approximately
$11,430
and
$16,343
in the
2018
and
2017
fiscal years, respectively, and total net foreign operating loss carryforwards of approximately
$30,745
and
$30,647
in the
2018
and
2017
fiscal years, respectively. The foreign net operating loss carryforwards were
not
utilized in the
2018
fiscal year, and the Company has set up a valuation allowance for such carryforwards. The state net operating loss carryforwards will expire in
2019
through
2038.
 
The Company had research and development and other credits of
$0
and
$47
at
February 25, 2018
and
February 26, 2017,
respectively.
 
              The Company had Kansas tax credits of
$225
in the
2018
and
2017
fiscal years, for which
no
benefit has been provided. The Company does
not
believe that realization of the principal portion of the Kansas tax credit or the investment tax credit carryforward is more likely than
not.
 The Kansas credits do
not
have expiration dates.  The Company had Arizona tax credits of
$135
in the
2018
and
2017
fiscal years, for which
no
benefit has been provided.
 
 
                The deferred tax asset valuation allowance of
$10,602
as of
February 25, 2018
relates to foreign net operating losses and state tax credit carryforwards for which the Company does
not
expect to realize any tax benefit. During the
2018
fiscal year, the valuation allowance increased by
$31.
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts for income tax purposes.
 
Significant components of the Company's deferred tax assets and liabilities as of
February 25, 2018
and
February 26, 2017
were as follows:
 
   
February 25,
   
February 26,
 
   
2018
   
2017
 
                 
Deferred tax assets:
 
 
 
 
 
 
 
 
Depreciation and amortization
  $
2,323
    $
3,740
 
Net operating loss carryforwards
   
10,809
     
11,049
 
Tax credits carryforward
   
360
     
677
 
Stock options
   
1,269
     
1,865
 
Other, net
   
671
     
282
 
   
 
15,432
   
 
17,613
 
Valuation allowance on deferred tax assets
   
(10,602
)    
(10,571
)
Total deferred tax assets, net of valuation allowance
 
 
4,830
   
 
7,042
 
Deferred tax liabilities:
 
 
 
 
 
 
 
 
Depreciation
   
(619
)    
(572
)
Undistributed earnings
   
(3,200
)    
(47,509
)
Other
   
(771
)    
(781
)
Total deferred tax liabilities
 
 
(4,590
)
 
 
(48,862
)
Net deferred tax asset (liability)
 
$
240
   
$
(41,820
)
 
On the Consolidated Balance Sheets, deferred tax assets, net of valuation allowance, of
$624
at
February 25, 2018
and
$268
at
February 26, 2017
were included in other assets.
 
At
February 25, 2018
and
February 26, 2017,
the Company had gross unrecognized tax benefits of
$543
and
$1,041,
respectively, included in other liabilities. If any portion of the unrecognized tax benefits at
February 25, 2018
were recognized, the Company’s effective tax rate would change.
 
 
A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows:
 
   
Unrecognized Tax Benefits
 
   
February 25,
   
February 26,
   
February 28,
 
   
2018
   
2017
   
2016
 
                         
Balance, beginning of year
 
$
1,024
   
$
1,255
   
$
1,135
 
Gross decreases-tax positions in prior period
   
(688
)    
(293
)    
-
 
Gross increases-current period tax positions
   
320
     
274
     
271
 
Audit settlements
   
-
     
(42
)    
(57
)
Lapse of statute of limitations
   
(155
)    
(170
)    
(94
)
Balance, end of year
 
$
501
   
$
1,024
   
$
1,255
 
 
The amount of unrecognized tax benefits
may
increase or decrease in the future for various reasons, including adding or subtracting amounts for current year tax positions, expiration of statutes of limitations on open income tax years, changes in the Company’s judgment about the level of uncertainty, status of tax examinations, and legislative changes. Changes in prior period tax positions are the result of a re-evaluation of the probability of realizing the benefit of a particular tax position based on new information. It is reasonably possible that
none
of the unrecognized tax benefits will be recognized in the
2019
fiscal year upon the expiration of statutes of limitations.
 
A list of open tax years by major jurisdiction follows:
 
U.S. Federal  
2014-2018
California
 
2015-2018
New York
 
2016-2018
France
 
2015-2018
Singapore
 
2014-2018
 
The Company had approximately
$41
and
$16
of accrued interest and penalties as of
February 25, 2018
and
February 26, 2017,
respectively. The Company’s policy is to include applicable interest and penalties related to unrecognized tax benefits as a component of current income tax expense.
 
The New York State Department of Taxation has completed its examination of the Company’s tax returns for the
2012,
2013,
2014
and
2015
fiscal years with
no
adjustments.