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INCOME TAXES
12 Months Ended
Jan. 28, 2023
INCOME TAXES  
INCOME TAXES

6.   INCOME TAXES

The components of earnings (loss) before income taxes consisted of domestic earnings before income taxes of $168.0 million and $152.5 million in 2022 and 2021, respectively, and domestic loss before income taxes of $441.5 million in 2020.  The Company’s international earnings before incomes taxes were $45.0 and $36.7 million in 2022 and 2021, respectively, and international losses before income taxes were $75.6 million in 2020.

The components of income tax provision (benefit) on earnings (loss) were as follows:

($ thousands)

    

2022

    

2021

    

2020

Federal

 

  

 

  

 

  

Current

$

11,506

$

36,388

$

(37,140)

Deferred

 

6,975

 

(227)

 

(45,145)

Total federal income tax provision (benefit)

 

18,481

 

36,161

 

(82,285)

State

 

  

 

  

 

  

Current

 

6,660

 

4,012

 

1,532

Deferred

 

3,421

 

6,531

 

(9,038)

Total state income tax provision (benefit)

 

10,081

 

10,543

 

(7,506)

International

Current

4,759

4,615

2,288

Deferred

 

18

 

(238)

 

9,386

Total international income tax provision

 

4,777

 

4,377

 

11,674

Total income tax provision (benefit)

$

33,339

$

51,081

$

(78,117)

The differences between the income tax provision (benefit) reflected in the consolidated financial statements and the amounts calculated at the federal statutory income tax rate were as follows:

($ thousands)

    

2022

    

2021

    

2020

Income taxes at statutory rate

$

44,737

$

39,741

$

(108,593)

State income taxes, net of federal tax benefit

 

8,981

 

8,361

 

(17,433)

International earnings taxed at differing rates from U.S. statutory

 

(1,974)

 

(3,588)

 

(5,210)

Share-based compensation

 

(602)

 

94

 

1,094

Provision for valuation allowance, net of utilization

 

(20,743)

 

8,978

 

41,019

Non-deductibility of 162(m) limitations

3,363

3,377

1,005

GILTI, BEAT and FDII provisions

 

422

 

346

 

Non-deductibility of goodwill impairment

 

 

 

20,179

Impairment of international trade name taxed at higher rate

 

 

 

(1,440)

CARES Act NOL, net carryback benefit (1)

365

(8,203)

International entity restructuring (2)

(6,697)

Other (3)

 

(845)

 

104

 

(535)

Total income tax provision (benefit)

$

33,339

$

51,081

$

(78,117)

(1)The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law during 2020.  Among the Internal Revenue Code provisions modified by the CARES Act was a five-year carryback period for net operating losses incurred in the 2018, 2019 and 2020 tax years; temporary removal of the 80% limitation on net operating loss usage, reinstated for tax years after 2020; a temporary increase in the interest expense limitation and acceleration of refundable AMT credit.  The five-year carryback presented an opportunity to carry back net operating losses from years with a statutory 21% federal tax rate to years when the rate was 35%.
(2)Reflects the deferred tax impacts of the liquidation of certain international subsidiaries, with related impacts presented in the provision for valuation allowance, net of utilization line in the table above.
(3)The other category of income tax provision (benefit) principally represents the impact of expenses that are not deductible or partially deductible for federal income tax purposes and the impact of any return-to-provision adjustments.

Significant components of the Company’s deferred income tax assets and liabilities were as follows:

($ thousands)

    

January 28, 2023

    

January 29, 2022

Deferred Tax Assets

 

  

 

  

Lease obligations

$

147,910

$

149,123

Goodwill

38,407

43,510

Net operating loss carryforward/carryback

 

13,303

 

14,441

Accrued expenses

 

19,478

 

25,314

Employee benefits, compensation and insurance

17,350

15,751

Accounts receivable

 

6,304

 

5,735

Inventory capitalization and inventory reserves

 

6,642

 

6,013

Impairment of investment in nonconsolidated affiliate

 

1,470

 

1,470

Postretirement and postemployment benefit plans

 

228

 

259

Other

 

1,261

 

1,261

Total deferred tax assets, before valuation allowance

 

252,353

 

262,877

Valuation allowance

 

(39,540)

 

(58,959)

Total deferred tax assets, net of valuation allowance

$

212,813

$

203,918

 

  

 

  

Deferred Tax Liabilities

 

  

 

  

Lease right-of-use assets

$

(136,618)

$

(134,888)

Intangible assets

(12,054)

(10,624)

LIFO inventory valuation

 

(46,551)

 

(37,675)

Retirement plans

 

(19,381)

 

(23,718)

Capitalized software

 

(3,309)

 

(5,042)

Depreciation

 

(10,823)

 

(3,818)

Other

 

(3,078)

 

(2,884)

Total deferred tax liabilities

 

(231,814)

 

(218,649)

Net deferred tax liability

$

(19,001)

$

(14,731)

As of January 28, 2023, the Company had various federal, state and international net operating loss (“NOL”) carryforwards with tax values totaling $13.3 million.  The state NOLs totaling $5.5 million have carryforward periods ranging from one to 20 years.  The Company has NOLs in Canada and the United Kingdom of $5.7 million and $2.1 million, respectively.  The Canada NOLs have carryforward periods ranging from 18 to 19 years, while the United Kingdom NOLs have no expiration.  As of January 28, 2023, the Company is in a three-year cumulative loss position for federal, state and certain international tax jurisdictions.  The Company experienced significant losses before income taxes in 2020, which were driven by the impairment of goodwill and intangible assets during the pandemic.  During 2021, the Company also experienced operating losses at its Canadian business division, which were driven by exit-related costs associated with the Naturalizer retail stores in the first quarter of 2021.  As a result of the strong earnings before income taxes in both 2021 and 2022, the Company’s net deferred tax asset position declined.  As a result, in the fourth quarter of 2022, the Company released approximately $17.4 million of its valuation allowances on deferred tax assets, reducing the valuation allowance to $39.5 million as of January 28, 2023.

As of January 28, 2023, no deferred taxes have been provided on the accumulated unremitted earnings of the Company’s international subsidiaries that are not subject to United States income tax, beyond the amounts recorded for the one-time transition tax for the mandatory deemed repatriation of cumulative international earnings, as required by the Tax Cuts and Jobs Act.  The Company periodically evaluates its international investment opportunities and plans, as well as its international working capital needs, to determine the level of investment required and, accordingly, determines the level of international earnings that is considered indefinitely reinvested.  Based upon that evaluation, earnings of the Company’s international subsidiaries that are not otherwise subject to United States taxation are considered to be indefinitely reinvested, and accordingly, deferred taxes have not been provided.  If changes occur in future investment opportunities and plans, those changes will be reflected when known and may result in providing residual United States deferred taxes on unremitted international earnings.  If the Company’s unremitted international earnings were not considered indefinitely reinvested as of January 28, 2023, an immaterial amount of additional deferred taxes would have been provided.

Uncertain Tax Positions

ASC 740, Income Taxes, establishes a single model to address accounting for uncertain tax positions.  The standard clarifies the accounting for income taxes by prescribing a minimum recognition threshold a tax position is required to meet before being recognized in the financial statements.  The standard also provides guidance on derecognition, measurement classification, interest and penalties, accounting in interim periods, disclosure and transition.  As of January 28, 2023, the Company had no unrecognized tax benefits.  As of January 29, 2022 and January 30, 2021, the Company had unrecognized tax benefits of $1.0 million and $1.5 million, respectively, associated with international jurisdictions.

For federal purposes, the Company’s tax filings for fiscal years 2019 to 2021 remain open to examination but are not currently being examined.   The Company also files tax returns in various international jurisdictions and numerous states for which various tax years are subject to examination and currently involved in audits.  While the Company is involved in examinations in certain jurisdictions, it does not expect any significant changes in its liability for uncertain tax positions during the next 12 months.