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INCOME TAXES
12 Months Ended
Dec. 31, 2018
INCOME TAXES  
INCOME TAXES

NOTE 4—INCOME TAXES:

 

The U.S. corporate statutory income tax rate is 21% effective for tax years beginning after December 31, 2017. As of December 31, 2018, the Company’s accounting for the tax effects of the 2017 Tax Cuts and Jobs Act is final in accordance with the SAB 118 guidance and there were no cumulative tax affects recorded in 2018.

 

The domestic and foreign components of pretax income are as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

    

2016

    

Domestic

 

$

66,253

 

$

76,042

 

$

87,016

 

Foreign

 

 

6,953

 

 

8,519

 

 

10,896

 

 

 

$

73,206

 

$

84,561

 

$

97,912

 

 

The provision for income taxes is comprised of the following:

 

 

 

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

    

2016

    

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

12,414

 

$

6,019

 

$

28,484

 

Foreign

 

 

 —

 

 

 —

 

 

86

 

State

 

 

1,421

 

 

369

 

 

1,954

 

 

 

 

13,835

 

 

6,388

 

 

30,524

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(577)

 

 

(7,191)

 

 

(2,547)

 

Foreign

 

 

2,685

 

 

3,425

 

 

3,323

 

State

 

 

458

 

 

1,285

 

 

(707)

 

 

 

 

2,566

 

 

(2,481)

 

 

69

 

 

 

$

16,401

 

$

3,907

 

$

30,593

 

 

Significant components of the Company’s net deferred tax liability at year end were as follows:

 

 

 

 

 

 

 

 

 

 

 

December 31,

 

 

    

2018

    

2017

    

Deferred tax assets:

 

 

 

 

 

 

 

Accrued customer promotions

 

$

913

 

$

1,583

 

Deferred compensation

 

 

15,872

 

 

15,403

 

Postretirement benefits

 

 

3,119

 

 

3,352

 

Other accrued expenses

 

 

4,520

 

 

4,200

 

Foreign subsidiary tax loss carry forward

 

 

5,731

 

 

7,270

 

Outside basis difference in foreign subsidiary

 

 

273

 

 

 —

 

Unrealized capital losses

 

 

472

 

 

 —

 

Deductible state tax depreciation

 

 

390

 

 

 —

 

Tax credit carry forward

 

 

2,989

 

 

3,435

 

 

 

 

34,279

 

 

35,243

 

Valuation allowance

 

 

(3,892)

 

 

(3,269)

 

Total deferred tax assets

 

$

30,387

 

$

31,974

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Depreciation

 

$

21,637

 

$

18,791

 

Deductible goodwill and trademarks

 

 

35,037

 

 

34,593

 

Accrued export company commissions

 

 

4,211

 

 

4,189

 

Employee benefit plans

 

 

3,539

 

 

4,662

 

Inventory reserves

 

 

2,784

 

 

2,147

 

Prepaid insurance

 

 

735

 

 

769

 

Other prepaid expenses

 

 

 —

 

 

1,196

 

Deferred foreign exchange gain

 

 

577

 

 

405

 

Unrealized capital gain

 

 

 —

 

 

977

 

Deferred gain on sale of real estate

 

 

5,286

 

 

5,278

 

Total deferred tax liabilities

 

$

73,806

 

$

73,007

 

Net deferred tax liability

 

$

43,419

 

$

41,033

 

 

At December 31, 2018, the Company has benefits related to state tax credit carry-forwards expiring by year as follows: $478 in 2019, $672 in 2020, $524 in 2021, $14 in 2028, $64 in 2029, $222 in 2030, $234 in 2031, $248 in 2032 and $236 in 2033. The Company expects that these state credit carry-forwards will be utilized before their expiration.

 

At December 31, 2018, the tax benefits of the Company’s Canadian subsidiary tax loss carry-forwards expiring by year are as follows: $1,232 in 2029 and $612 in 2031. The tax benefits of the Company’s Mexican subsidiary tax loss carry forwards expiring by year are as follows: $236 in 2036.

 

At December 31, 2018, the amounts of the Company’s Spanish subsidiary loss carry-forwards expiring by year are as follows: $288 in 2026, $61 in 2027, $183 in 2028, $104 in 2029, $316 in 2030, $421 in 2031, $317 in 2032, $128 in 2033, $443 in 2034, $560 in 2035 and $830 in 2036. A full valuation allowance has been provided for these Spanish loss carry-forwards as the Company expects that the losses will not be utilized before their expiration.

 

The effective income tax rate differs from the statutory rate as follows:

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

    

2016

    

U.S. statutory rate

 

21.0

%  

35.0

%  

35.0

%  

State income taxes, net

 

0.5

 

1.6

 

1.0

 

Exempt municipal bond interest

 

(0.1)

 

(0.1)

 

(0.1)

 

Foreign tax rates

 

2.1

 

0.5

 

(0.4)

 

Qualified domestic production activities deduction

 

 —

 

(0.8)

 

(2.7)

 

Tax credits receivable

 

 —

 

(1.4)

 

(0.5)

 

Adjustment of deferred tax balances

 

0.1

 

(24.2)

 

(0.5)

 

Reserve for uncertain tax benefits

 

(1.0)

 

(0.3)

 

 —

 

Worthless stock deduction

 

 —

 

(3.8)

 

 —

 

Other, net

 

(0.2)

 

(1.9)

 

(0.6)

 

Effective income tax rate

 

22.4

%  

4.6

%  

31.2

%  

 

 

The Company’s 2017 effective tax rate reflects a deferred tax benefit of $20,318 resulting from the revaluation of its net deferred tax liability related to the reduction of the U.S. corporate income tax rate to 21% for tax years beginning after December 31, 2017 under the 2017 Tax Cuts and Jobs Act as required by accounting guidance.

 

The 2017 Tax Cuts and Jobs Act changes the United States approach to the taxation of foreign earnings to a territorial system by providing a one hundred percent dividends received deduction for certain qualified dividends received from foreign subsidiaries. This provision of the Act significantly impacts the accounting for the undistributed earnings of foreign subsidiaries and as a result the Company intends to distribute the earnings of its foreign subsidiaries. The costs associated with a future distribution are not material to the Company’s financial statements. After carefully considering these facts, the Company has determined that it will not be asserting permanent reinvestment of its foreign subsidiaries earnings as of December 31, 2017.

 

At December 31, 2018 and 2017, the Company had unrecognized tax benefits of $3,339 and $4,342, respectively. Included in this balance is $1,765 and $2,475, respectively, of unrecognized tax benefits that, if recognized, would favorably affect the annual effective income tax rate. As of December 31, 2018 and 2017, $477 and $475, respectively, of interest and penalties were included in the liability for uncertain tax positions.

 

A reconciliation of the beginning and ending balances of the total amounts of unrecognized tax benefits is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

    

2016

    

Unrecognized tax benefits at January 1

 

$

4,342

 

$

4,746

 

$

4,680

 

Increases in tax positions for the current year

 

 

448

 

 

394

 

 

803

 

Reductions in tax positions for lapse of statute of limitations

 

 

(751)

 

 

(793)

 

 

(718)

 

Reductions in tax positions relating to settlements with taxing authorities

 

 

 —

 

 

 —

 

 

(27)

 

Increases (decreases) in prior period unrecognized tax benefits due to change in judgment

 

 

(700)

 

 

(5)

 

 

 8

 

Unrecognized tax benefits at December 31

 

$

3,339

 

$

4,342

 

$

4,746

 

 

The Company recognizes interest and penalties related to unrecognized tax benefits in the provision for income taxes on the Consolidated Statements of Earnings and Retained Earnings.

 

The Company is subject to taxation in the U.S. and various state and foreign jurisdictions. The Company remains subject to examination by U.S. federal and state and foreign tax authorities for the years 2015 through 2017. With few exceptions, the Company is no longer subject to examinations by tax authorities for the years 2014 and prior.