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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes  
Income Taxes

18.   Income Taxes

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

Fiscal Year

    

2019

    

2018

    

2017(1)

Income before income taxes

$

140,334

$

107,411

$

146,466

Income tax (benefit)/provision:

Current:

Federal

$

8,211

$

5,082

$

7,148

State

 

7,027

 

8,804

 

7,106

Total current

 

15,238

 

13,886

 

14,254

Deferred:

Federal

 

(3,695)

 

(4,549)

 

(24,570)

State

 

1,498

 

(961)

 

(610)

Total deferred

 

(2,197)

 

(5,510)

 

(25,180)

Total (benefit)/provision

$

13,041

$

8,376

$

(10,926)

(1)The Tax Act, which was enacted on December 22, 2017, made significant changes to how corporations are taxed in the U.S., the most prominent of which affecting us was to lower the U.S. corporate tax rate from 35% to 21%. In addition to the benefit of a lower rate in future years, the enactment of the Tax Act caused us to revalue our deferred tax assets and liabilities to reflect the new rate, resulting in a benefit to our fiscal 2017 income tax provision of $38.5 million.

The following reconciles the U.S. federal statutory rate to the effective tax rate:

Fiscal Year

 

    

2019

    

2018

    

2017

 

U.S. federal statutory rate

 

21.0

%  

21.0

%  

35.0

%

State and district income taxes, net of federal benefit

 

4.9

6.1

3.3

Credit for FICA taxes paid on tips

 

(12.8)

(16.5)

(9.4)

Other credits and incentives

 

(1.4)

(2.5)

(1.9)

Manufacturing deduction

 

(2.3)

Deferred compensation

 

(1.7)

0.8

(1.5)

Equity compensation

(0.2)

(1.5)

(4.5)

Impact of statutory rate change on deferred taxes

(26.3)

Other

 

(0.5)

0.4

0.1

Effective tax rate

 

9.3

%

7.8

%

(7.5)

%

Following are the temporary differences that created our deferred tax assets and liabilities (in thousands):

    

December 31, 2019

    

January 1, 2019

Deferred tax assets:

Staff member benefits

$

27,059

$

22,925

Insurance reserves

 

14,157

 

15,165

Accrued rent

 

27,582

 

10,870

Deferred income

 

22,725

 

17,288

Stock-based compensation

 

8,794

 

8,628

Tax credit carryforwards

 

15,754

 

1,880

Other

 

1,958

 

1,265

Subtotal

 

118,029

 

78,021

Less: Valuation allowance

 

(713)

 

(792)

Total

$

117,316

$

77,229

Deferred tax liabilities:

Property and equipment

$

(131,120)

$

(107,513)

Prepaid expenses

 

(8,819)

 

(7,929)

Inventory

 

(7,713)

 

(6,893)

Other

(136)

(5,420)

Total

$

(147,788)

$

(127,755)

Net deferred tax liability

$

(30,472)

$

(50,526)

At December 31, 2019 and January 1, 2019, we had $1.9 million and $2.4 million, respectively, of state tax credit carryforwards, consisting of hiring and investment credits, which began to expire in 2013, and $0.8 million and $0.7 million, respectively, of foreign net operating losses and $14.3 million and $3.3 million, respectively, of federal credit carryforwards which begin to expire in 2038. We assess the available evidence to estimate if sufficient future taxable income will be generated to use these carryforwards. Based on this evaluation, we recorded a valuation allowance of $0.7 million and $0.8 million at December 31, 2019 and January 1, 2019, respectively, to reflect the amount that we will likely not realize. This assessment could change if estimates of future taxable income during the carryforward period are revised. The earliest tax year still subject to examination by a significant taxing jurisdiction is 2010.

At December 31, 2019, we had a reserve of $0.7 million for uncertain tax positions. If recognized, this amount would impact our effective income tax rate. A reconciliation of the beginning and ending amount of our uncertain tax positions is as follows (in thousands):

Fiscal Year

    

2019

    

2018

    

2017

Balance at beginning of year

$

830

$

843

$

829

Additions related to current period tax positions

 

13

 

104

 

168

Reductions related to settlements with taxing authorities and lapses of statutes of limitations

 

(139)

 

(117)

 

(154)

Balance at end of year

$

704

$

830

$

843

At both December 31, 2019 and January 1, 2019, we had $0.2 million of accrued interest and penalties related to uncertain tax positions. None of the balance of uncertain tax positions at December 31, 2019 relates to tax positions for which it is reasonably possible that the total amount could decrease during the next twelve months based on the lapses of statutes of limitations.