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Income Taxes
12 Months Ended
Oct. 01, 2011
Income Taxes 
Income Taxes

6.             Income Taxes

 

The domestic and foreign components of income (loss) before income taxes for fiscal 2011, 2010 and 2009 consisted of (in thousands):

 

2011

2010

2009

 

U.S.

 

    $      (9,449)

 

    $      (7,742)

 

    $      (5,380)

 

Foreign

 

         101,552

 

           98,179

 

           50,799

 

    $     92,103

    $     90,437

    $     45,419

 

Income tax expense (benefit) for fiscal 2011, 2010 and 2009 consisted of (in thousands):

 

 

2011

2010

2009

Current:

 

 

 

        Federal

    $                -

    $                -

    $      (1,666)

        State

                     3

                   74

                 121

        Foreign

              5,872

              4,019

              1,809

 

              5,875

              4,093

                 264

Deferred:

 

 

 

        Federal

           (1,649)                                    

            (1,029)                                    

               (622)

        State

              (484)

               (459)

                 954

        Foreign

              (895)

            (1,701)

            (1,504)

 

           (3,028)

            (3,189)

 

    $       2,847

    $           904

    $          (908)

  

 

The following is a reconciliation of the federal statutory income tax rate to the effective income tax rates reflected in the Consolidated Statements of Operations for fiscal 2011, 2010 and 2009:

 

 

2011

2010

2009

 

 

 

 

Federal statutory income tax rate

           35.0%

           35.0%

           35.0%

Increase (decrease) resulting from:

 

 

 

    Permanent differences

    State income taxes, net of federal

-

0.6

2.0

       income tax

            (0.3)

            (0.3)

            (0.2)

    Foreign tax rate differences

          (34.5)

          (35.4)

          (40.1)

   Valuation reserve for deferred tax assets

            1.4

               -

                -

   Other, net

            1.5

            1.1

            1.3

Effective income tax rate

            3.1%

            1.0%

          (2.0)%

 

The Company recorded income tax expense of $2.8 million and $0.9 million for fiscal 2011 and fiscal 2010, respectively. The Company recorded income tax benefit of $(0.9) million for fiscal 2009. The increase to the income tax expense recorded in fiscal 2011 as compared to fiscal 2010 and fiscal 2009 is primarily due to the change in mix of income the tax jurisdictions in which we operate. The difference in our effective income tax rate as compared to our normal statutory rate is primarily due to the effect of pre-tax income in Malaysia and Xiamen, China, where we benefit from reduced effective tax rates due to tax holidays.

 

The components of the net deferred income tax asset as of October 1, 2011 and October 2, 2010, consisted of (in thousands):

 

 

2011

2010

 

Deferred income tax assets:

 

 

 

    Loss/credit carryforwards

   $       10,263

   $       10,904

 

    Goodwill

               2,787

               3,550

 

    Inventories

               6,961

               7,936

 

    Accrued benefits

             16,001

             14,473

 

    Allowance for bad debts

               1,149

                  383

 

   Interest rate swaps

              2,031

              3,504

 

    Other

               4,406

               3,917

 

    Total gross deferred income tax assets

             43,598

             44,667

 

       Less valuation allowance

             (5,116)

             (2,547)

 

    Deferred income tax assets

             38,482

             42,120

 

 

 

 

 

Deferred income tax liabilities:

 

 

 

    Property, plant and equipment

               9,552

             10,346

 

    Other

                  710

               1,028

 

 

            10,262

            11,374

 

 

 

 

 

Net deferred income tax asset

   $       28,220

   $       30,746

 

 

During the preparation of the Company's fiscal 2011 consolidated financial statements, the Company performed an analysis of all available evidence, both positive and negative, regarding the need for a valuation allowance against our deferred tax assets, consistent with the provisions of ASC Topic 740, "Income Taxes."  The Company's U.S. operations generated losses during the fiscal 2009, 2010 and 2011 years.  While we believe these losses could be a significant factor in establishing such an allowance, we believe that based on the weight of all the evidence, both positive and negative, it is more likely than not that the Company will be able to utilize its U.S. net deferred tax assets of approximately $21.7 million.  

 

The positive evidence relied upon is as follows: 1) orders for a new large U.S. industrial/commercial customer are currently projected to significantly increase in fiscal 2012, which we believe would result in income for the Company's U.S. operations in fiscal 2012 and beyond; 2) the effect of the deep U.S. recession during this period was considered atypical; 3) the Company's U.S. operations created cumulative pretax income for fiscal years 2006 through 2008 of more than $150 million; 4) the federal tax losses in fiscal 2009 and 2010 were able to be fully utilized through loss carrybacks to prior years; and 5) the federal loss carryforward at the end of fiscal 2011 has a 20 year carryforward period.

 

As a result of using the with-and-without method under the requirements for accounting for stock-based compensation, the Company recorded a valuation allowance for state taxes against the amount of net operating loss and credit carryforwards related to tax deductions in excess of compensation expense for stock options until such time as the related deductions actually reduce income taxes payable.   The Company reversed approximately $0.1 million of this valuation allowance with corresponding credits to additional paid-in capital in fiscal 2009.  As of the end of fiscal 2010 there was a valuation allowance of $1.0 million for federal and state taxes against the amount of net operating loss and credit carryforwards related to tax deductions in excess of compensation expense for stock options.   During fiscal 2011 the Company recorded an additional valuation allowance of $1.3 million.  As a result, we had a remaining valuation allowance of approximately $2.3 million related to tax deductions associated with stock-based compensation as of October 1, 2011.  

 

 

In addition, there is a remaining valuation allowance of $1.6 million as of October 1, 2011, related to various state deferred income tax assets where it is more likely than not that the asset will not be realized due to a lack of sustained profitability and limited carryforward periods in these states.

 

During fiscal 2011 the Company added a valuation allowance of $0.3 million and $0.9 million in the United Kingdom and Romania, respectively to offset the increase in net deferred tax assets in those jurisdictions which, more likely than not, will not be realized.

 

On November 1, 2009, Mexico adopted tax reform legislation that took effect January 1, 2010, and provides for a temporary increase in its income tax and value added tax rates from 28% to 30% and 15% to 16%, respectively, along with certain other changes. These laws did not have a material impact on our effective income tax rate in fiscal 2011, 2010 or 2009; however, they could have a material effect on future periods. On November 5, 2009, the United States adopted the "Worker, Homeownership, and Business Assistance Act of 2009", which provides for an increase in the net operating loss carryback period from two years to five years for tax periods beginning or ending in calendar years 2008 and 2009, along with certain other tax law changes. This law did not have a material impact on our effective tax rate in fiscal 2011, 2010 or 2009 and we do not currently believe that it will create a material impact on our effective income tax rate in future periods.

In March 2007, the Chinese government made significant changes to its tax law with a bias toward a unified tax rate for domestic and foreign enterprises of 25 percent. The law was effective on January 1, 2008. The effect of the law on enterprises with agreed-upon incentives requires that their China federal taxes will be increased to the new unified tax rate over a five-year period that began in calendar 2008. This law did not have a material effect on our income taxes for our fiscal 2011, 2010 or 2009 tax years. However, depending upon the relative amount of income earned in China in the future, the increased tax rates on our China income could have a material effect.

 

On July 19, 2011, the United Kingdom enacted The Finance (No. 3) Act 2011, which reduced its corporate income tax rate from 28% to 26% effective April 1, 2011 and to 25% effective April 1, 2012.   This law did not have a material impact on our effective income tax rate in fiscal 2011; however, it could have a material effect on future periods.  In July 2005, the United Kingdom enacted the Finance Act (the "Finance Act"), which limits the deduction of interest expense incurred in the United Kingdom when the corresponding interest income earned by the other party is not taxable to such party. The Company currently extends loans from a U.S. subsidiary to a United Kingdom subsidiary, which is affected by the Finance Act.  For fiscal years 2011, 2010 and 2009, management provided income tax expense for the effect of the Finance Act on the non-deductibility of this interest expense based on the current agreement with the tax authorities in the United Kingdom regarding the application of the Finance Act to the Company's circumstances.

 

The Company has been granted tax holidays for its Malaysian and Xiamen, China subsidiaries. These tax holidays expire in 2024 and 2013, respectively, and are subject to certain conditions with which the Company expects to comply. In fiscal 2011, 2010 and 2009, these subsidiaries generated income, which resulted in tax reductions of approximately $21.7 million ($0.57 per basic share), $23.0 million ($0.58 per basic share) and $15.2 million ($0.38 per basic share), respectively.

The Company does not provide for taxes that would be payable if undistributed earnings of foreign subsidiaries were remitted because the Company considers these earnings to be invested for an indefinite period. The aggregate undistributed earnings of the Company's foreign subsidiaries for which a deferred income tax liability has not been recorded was approximately $406.8 million as of October 1, 2011. If such earnings were repatriated, additional tax expense may result, although the calculation of such additional taxes is not practicable at this time.

 

As of October 1, 2011, the Company had approximately $75.6 million of state net operating loss carryforwards that expire between fiscal 2012 and 2029.  

 

Cash refund for income taxes in fiscal 2011 was $2.2 million, and cash paid for income taxes in fiscal 2010 and 2009 was $3.5 million and $2.9 million, respectively.

 

The Company has approximately $7.4 million of uncertain tax benefits as of October 1, 2011. The Company has classified these amounts in the Consolidated Balance Sheets as "Other liabilities" (noncurrent) to the extent that payment is not anticipated within one year. Presented below is a reconciliation of the beginning and ending amounts of unrecognized income tax benefits (in thousands):

               

Balance at beginning of fiscal 2010

$       4,849

   Gross increases for tax positions of prior years

            131

   Gross increases for tax positions of the current year

            964

Gross decreases for tax positions of prior years

              -

   Settlements

                -

Balance at beginning of fiscal 2011

 $      5,944

   Gross increases for tax positions of prior years

            191

   Gross increases for tax positions of the current year

         1,225

   Gross decreases for tax positions of prior years

                -

   Settlements

                -

Balance at October 1, 2011

$       7,360

 

Approximately $6.3 million and $4.8 million, respectively of the balance as of October 1, 2011, and October 2, 2010 would reduce the Company's effective tax rate if recognized.

 

The Company recognizes accrued interest and penalties related to unrecognized tax benefits in income tax expense. The total accrued penalties and net accrued interest with respect to income taxes was approximately $0.7 million, $0.5 million and $0.3 million as of October 1, 2011, October 2, 2010 and October 3, 2009, respectively. The Company recognized $0.2 million of expense for accrued penalties and net accrued interest in the Consolidated Statements of Operations for the fiscal year ended October 1, 2011.

 

During the second quarter of fiscal 2009, tax expense decreased by approximately $1.4 million, consisting of approximately $1.6 million, including interest, related to the conclusion of federal and state audits, which resulted in a reduction of the liability related to uncertainty in income taxes, offset by an additional provision of $0.2 million for changes in state tax laws.

 

It is reasonably possible that a number of uncertain tax positions related to federal and state tax positions may be settled within the next 12 months.  Settlement of these matters is not expected to have a material effect on the Company's consolidated results of operations, financial position and cash flows.   

 

 

The Company files income tax returns, including returns for its subsidiaries, with federal, state, local and foreign taxing jurisdictions. The following tax years remain subject to examination by the respective major tax jurisdictions:

Jurisdiction Fiscal Years
China 2008 – 2011
Germany 2009 – 2011
Mexico 2006 – 2011
Romania 2009 – 2011
United Kingdom 2007 – 2011
United States  
     Federal 2007 –  2011
     State 2001 – 2011