Income Taxes

3 Months Ended

Apr. 01, 2022

Income Tax Disclosure [Abstract]

Income Taxes

Income Taxes

In connection with the examination of the tax returns in two foreign jurisdictions, the taxing authorities have issued income tax deficiencies related to transfer pricing aggregating approximately $156.5 million (including interest and penalties) for tax years 2012 through 2016. We strongly disagree with the proposed adjustments and have filed a protest with each of the taxing authorities as we believe that the proposed adjustments are without technical merit.

In one of the foreign jurisdictions, we are currently contesting tax assessments related to the 2012-2015 audit years and the 2016 audit year in both the administrative court and the judicial court. During 2019 and 2020, we filed actions contesting the tax assessment in the administrative office. Our initial challenge to each of these tax assessments was rejected and we subsequently lost our appeals at the administrative court. We have subsequently filed actions to contest each of these tax assessments in the country’s judicial courts. In addition, we have filed a request for injunction to the judicial court to stay the tax authorities collection efforts for these two tax assessments, pending final judicial decisions. The court has granted our injunction with respect to the 2016 audit year and has not yet ruled with respect to the 2012-2015 audit years. Pursuant to local law, we registered real estate collateral with an approximate fair market value of $5.7 million in connection with the grant of the 2016 audit year injunction. This real estate collateral has a net book value of $4.1 million as of the quarter ended April 1, 2022. To the extent that we are granted the injunction for the 2012-2015 audit years, we currently anticipate that additional collateral

4. Income Taxes (continued)

of approximately $25.0 million would be required to be posted. The registration of this real estate collateral does not affect our operations in the country.

In the other foreign jurisdiction, the administrative court denied our appeal, and on March 4, 2020 we filed an action in the judicial court to contest the administrative court's decision. The case is still pending.

We will continue to vigorously contest the adjustments and to exhaust all administrative and judicial remedies necessary in both jurisdictions to resolve the matters, which could be a lengthy process.

Income tax provision was $5.8 million for the first quarter of 2022 compared to $11.0 million for the first quarter of 2021. The decrease in the income tax provision was primarily due to decreased earnings in certain higher tax jurisdictions.