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Income Taxes
12 Months Ended
Dec. 30, 2018
Income Taxes  
Income Taxes

17.  Income Taxes

 

The following table presents the domestic and foreign components of income (loss) before income taxes for 2018, 2017 and 2016 (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

2018

    

2017

    

2016

Domestic income / (loss)

 

$

(10,471)

 

$

122,828

 

$

146,063

Foreign income

 

 

16,362

 

 

17,514

 

 

12,746

Total income

 

$

5,891

 

$

140,342

 

$

158,809

 

 

A summary of the provision (benefit) for income tax follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

    

2016

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(5,324)

 

$

28,951

 

$

32,477

 

Foreign

 

 

4,736

 

 

4,602

 

 

2,669

 

State and local

 

 

1,529

 

 

(234)

 

 

2,947

 

Deferred

 

 

1,705

 

 

498

 

 

11,624

 

Total income taxes

 

$

2,646

 

$

33,817

 

$

49,717

 

 

 

Significant deferred tax assets (liabilities) follow (in thousands):

 

 

 

 

 

 

 

 

 

    

December 30,

    

December 31,

 

 

2018

    

2017

Accrued liabilities

 

$

16,339

 

$

11,378

Accrued bonuses

 

 

724

 

 

192

Other assets and liabilities

 

 

10,705

 

 

7,913

Equity awards

 

 

5,862

 

 

5,690

Other

 

 

2,196

 

 

2,178

Foreign net operating losses

 

 

1,555

 

 

2,773

Foreign tax credit carryforwards

 

 

7,230

 

 

4,707

Total deferred tax assets

 

 

44,611

 

 

34,831

Valuation allowance on foreign net operating and capital losses, foreign deferred tax assets, and foreign tax credit carryforwards

 

 

(8,183)

 

 

(7,415)

Total deferred tax assets, net of valuation allowances

 

 

36,428

 

 

27,416

 

 

 

 

 

 

 

Deferred expenses

 

 

(5,576)

 

 

(6,912)

Accelerated depreciation

 

 

(24,239)

 

 

(19,228)

Goodwill

 

 

(12,645)

 

 

(12,248)

Other

 

 

(1,064)

 

 

(989)

Total deferred tax liabilities

 

 

(43,524)

 

 

(39,377)

Net deferred liability

 

$

(7,096)

 

$

(11,961)

 

The Company had approximately $5.3 million and $9.4 million of foreign net operating loss carryovers as of December 30, 2018 and December 31, 2017, respectively.  The Company had approximately $0.6 million and $2.1 million of valuation allowances primarily related to these foreign net operating losses as of December 30, 2018 and December 31, 2017, respectively. A substantial majority of our foreign net operating losses do not have an expiration date. 

 

In addition, the Company had approximately $7.2 million in foreign tax credit carryforwards as of December 30, 2018 that expire 10 years from inception in years 2025 through 2028.  Our ability to utilize these foreign tax credit carryforwards is dependent on our ability to generate foreign earnings in future years sufficient to claim foreign tax credits in excess of foreign taxes paid in those years.  The Company provided a full valuation allowance of $7.2 million for these foreign tax credit carryforwards as we believe realization based on the more-likely-than-not criteria has not been met as of December 30, 2018.

 

The reconciliation of income tax computed at the U.S. federal statutory rate to income tax expense for the years ended December 30, 2018, December 31, 2017 and December 25, 2016 is as follows in both dollars and as a percentage of income before income taxes ($ in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2018

 

2017

 

2016

 

 

    

Income Tax

 

Income

 

    Income Tax

 

Income

 

Income Tax

 

Income

 

 

 

Expense

 

Tax Rate

 

Expense

 

Tax Rate

 

Expense

 

Tax Rate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax at U.S. federal statutory rate

 

$

1,237

 

21.0

%  

 

$

49,120

 

35.0

%  

 

$

55,583

 

35.0

%

 

State and local income taxes

 

 

150

 

2.6

%  

 

 

2,432

 

1.7

%  

 

 

2,972

 

1.9

%

 

Foreign income taxes

 

 

4,879

 

82.8

%  

 

 

5,306

 

3.8

%  

 

 

3,143

 

2.0

%

 

Income of consolidated partnerships

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    attributable to noncontrolling interests

 

 

(371)

 

(6.3)

%  

 

 

(1,554)

 

(1.1)

%  

 

 

(2,312)

 

(1.4)

%

 

Non-qualified deferred compensation plan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    (income) loss

 

 

483

 

8.2

%  

 

 

(1,236)

 

(0.9)

%  

 

 

(428)

 

(0.3)

%

 

Excess tax benefits on equity awards

 

 

447

 

7.6

%  

 

 

(1,879)

 

(1.4)

%  

 

 

 —

 

 —

%

 

Remeasurement of deferred taxes

 

 

 —

 

 —

%  

 

 

(7,020)

 

(5.0)

%  

 

 

 —

 

 —

%

 

Tax credits

 

 

(6,945)

 

(117.9)

%  

 

 

(6,909)

 

(4.9)

%  

 

 

(6,771)

 

(4.3)

%

 

Disposition of China

 

 

4,118

 

69.9

%  

 

 

 —

 

 —

%  

 

 

 —

 

 

%

 

Other

 

 

(1,352)

 

17.5

%  

 

 

(4,443)

 

(3.1)

%  

 

 

(2,470)

 

(1.6)

%

 

Total

 

$

2,646

 

85.4

%  

 

$

33,817

 

24.1

%  

 

$

49,717

 

31.3

%

 

 

Income taxes paid were $14.0 million in 2018, $37.2 million in 2017 and $35.1 million in 2016.

 

On December 22, 2017, the Tax Cuts and Jobs Act, (the “Tax Act”) was signed into law.   The Tax Act contains substantial changes to the Internal Revenue Code, including a reduction of the corporate tax rate from 35% to 21% effective January 1, 2018.  Upon enactment, 2017 deferred tax assets and liabilities were remeasured. This remeasurement yielded a benefit of approximately $7.0 million in the fourth quarter of 2017.  At December 30, 2018 the Company has completed its analysis of the Tax Act.  See Note 2 for additional information.

 

The Company files income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. The Company, with few exceptions, is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2014. The Company is currently undergoing examinations by various tax authorities. The Company anticipates that the finalization of these current examinations and other issues could result in a decrease in the liability for unrecognized tax benefits (and a decrease of income tax expense) of approximately $240,000 during the next 12 months.

 

The Company had $2.0 million of unrecognized tax benefits at December 30, 2018 which, if recognized, would affect the effective tax rate. A reconciliation of the beginning and ending liability for unrecognized tax benefits excluding interest and penalties is as follows, which is recorded as an other long-term liability (in thousands):

 

 

 

 

 

 

Balance at December 25, 2016

    

$

4,827

 

Additions for tax positions of current year

 

 

134

 

Additions for tax positions of prior years

 

 

(2,862)

 

Reductions for lapse of statute of limitations

 

 

(71)

 

Balance at December 31, 2017

 

 

2,028

 

Additions for tax positions of current year

 

 

510

 

Reductions for tax positions of prior years

 

 

(515)

 

Reductions for lapse of statute of limitations

 

 

 —

 

Balance at December 30, 2018

 

$

2,023

 

 

The Company recognizes accrued interest and penalties related to unrecognized tax benefits as part of income tax expense. The Company’s 2018 and 2017 income tax expense includes interest expense of $39,000 and a benefit of $416,000, respectively. The Company has accrued approximately $165,000 and $124,000 for the payment of interest and penalties as of December 30, 2018 and December 31, 2017, respectively.