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Income Taxes
12 Months Ended
Dec. 30, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

18.

Income Taxes

 

The current income tax provision represents the estimated amount of income taxes paid or payable for the year, as well as changes in estimates from prior years. The deferred income tax provision represents the change in deferred tax liabilities and assets. The following table presents the significant components of the provision for income taxes:

 

 

 

Fiscal Year

 

(in thousands)

 

2018

 

 

2017

 

 

2016

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(4,228

)

 

$

12,978

 

 

$

(6,920

)

State

 

 

(3,269

)

 

 

5,292

 

 

 

27

 

Total current provision (benefit)

 

$

(7,497

)

 

$

18,270

 

 

$

(6,893

)

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

5,701

 

 

$

(54,232

)

 

$

39,644

 

State

 

 

3,665

 

 

 

(3,879

)

 

 

3,298

 

Total deferred provision (benefit)

 

$

9,366

 

 

$

(58,111

)

 

$

42,942

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income tax expense (benefit)

 

$

1,869

 

 

$

(39,841

)

 

$

36,049

 

 

The Company’s effective income tax rate, as calculated by dividing income tax expense (benefit) by income (loss) before income taxes, was (14.1)% for 2018, (63.2)% for 2017 and 38.9% for 2016. The following table provides a reconciliation of income tax expense (benefit) at the statutory federal rate to actual income tax expense (benefit).

 

 

 

Fiscal Year

 

 

 

2018

2017

 

 

2016

 

(in thousands)

 

Income

tax expense

 

 

% pre-tax

income

 

 

Income

tax expense

 

 

% pre-tax

income

 

 

Income

tax expense

 

 

% pre-tax

income

 

Statutory (income) / expense

 

$

(2,790

)

 

 

21.0

%

 

$

22,052

 

 

 

35.0

%

 

$

32,449

 

 

 

35.0

%

Nondeductible compensation

 

 

2,851

 

 

 

(21.5

)

 

 

230

 

 

 

0.4

 

 

 

191

 

 

 

0.2

 

Meals, entertainment and travel expense

 

 

2,734

 

 

 

(20.6

)

 

 

3,684

 

 

 

5.8

 

 

 

2,886

 

 

 

3.0

 

Adjustment for federal tax legislation

 

 

(1,989

)

 

 

15.0

 

 

 

(69,014

)

 

 

(109.5

)

 

 

-

 

 

 

-

 

Valuation allowance change

 

 

1,566

 

 

 

(11.8

)

 

 

2,718

 

 

 

4.3

 

 

 

(689

)

 

 

(0.7

)

Noncontrolling interest – Piedmont

 

 

(1,238

)

 

 

9.3

 

 

 

(1,692

)

 

 

(2.7

)

 

 

(2,406

)

 

 

(2.6

)

Adjustment for uncertain tax positions

 

 

694

 

 

 

(5.2

)

 

 

(521

)

 

 

(0.8

)

 

 

(43

)

 

 

-

 

State income taxes, net of federal benefit

 

 

(376

)

 

 

2.8

 

 

 

2,029

 

 

 

3.2

 

 

 

3,243

 

 

 

3.5

 

Other, net

 

 

417

 

 

 

(3.1

)

 

 

673

 

 

 

1.1

 

 

 

418

 

 

 

0.5

 

Income tax expense (benefit)

 

$

1,869

 

 

(14.1)%

 

 

$

(39,841

)

 

(63.2)%

 

 

$

36,049

 

 

 

38.9

%

 

The Company’s effective tax rate, as calculated by dividing income tax expense (benefit) by income (loss) before income taxes minus net income attributable to noncontrolling interest, was (10.3)% for 2018, (70.3)% for 2017 and 41.8% for 2016.

 

On December 22, 2017, the Tax Act was signed into law and significantly reformed the Internal Revenue Code of 1986, as amended.

As of December 31, 2017, the Company completed its estimate for the tax effects of the enactment of the Tax Act, and as a result, the Company revalued and reduced its net deferred tax liability to the newly enacted corporate tax rate of 21%. The Company recognized an estimated benefit of $69.0 million, primarily as a result of revaluing its net deferred tax liability. This benefit was partially offset by a $2.4 million increase to the valuation allowance as a result of the deductibility of certain deferred compensation based on the current interpretation of the Tax Act. The net benefit of $66.6 million was recorded to income tax expense (benefit) in the 2017 consolidated financial statements. During the third quarter of 2018, the Company recorded an additional tax benefit of $1.9 million attributable to the re-measurement of its net deferred tax liability in connection with the filing of its 2017 federal income tax return.

 

The amounts recorded to gain (loss) on exchange transactions on the consolidated statements of operations did not have a significant impact on the effective income tax rate for any periods presented.

 

The Company records liabilities for uncertain tax positions related to certain income tax positions. These liabilities reflect the Company’s best estimate of the ultimate income tax liability based on currently known facts and information. Material changes in facts or information, as well as the expiration of statute and/or settlements with individual tax jurisdictions, may result in material adjustments to these estimates in the future.

 

The Company recognizes potential interest and penalties related to uncertain tax positions in income tax expense (benefit). During 2018, 2017 and 2016, the interest and penalties related to uncertain tax positions recognized in income tax expense (benefit) were not material. In addition, the amount of interest and penalties accrued at December 30, 2018 and December 31, 2017 were not material.

 

The Company had uncertain tax positions, including accrued interest of $3.1 million on December 30, 2018 and $2.4 million on December 31, 2017, all of which would affect the Company’s effective tax rate if recognized. While it is expected the amount of uncertain tax positions may change in the next 12 months, the Company does not expect such change would have a significant impact on the consolidated financial statements.

 

A reconciliation of uncertain tax positions, excluding accrued interest, is as follows:

 

 

 

Fiscal Year

 

(in thousands)

 

2018

 

 

2017

 

 

2016

 

Gross uncertain tax positions at the beginning of the year

 

$

2,286

 

 

$

2,679

 

 

$

2,633

 

Increase as a result of tax positions taken in the current period

 

 

571

 

 

 

966

 

 

 

687

 

Reduction as a result of the expiration of the applicable statute of limitations

 

 

-

 

 

 

(1,359

)

 

 

(641

)

Gross uncertain tax positions at the end of the year

 

$

2,857

 

 

$

2,286

 

 

$

2,679

 

 

Deferred income taxes are recorded based upon temporary differences between the financial statement and tax bases of assets and liabilities and available net operating loss and tax credit carryforwards. Temporary differences and carryforwards that comprised deferred income tax assets and liabilities were as follows:

 

(in thousands)

 

December 30, 2018

 

 

December 31, 2017

 

Acquisition related contingent consideration

 

$

94,323

 

 

$

94,055

 

Deferred compensation

 

 

26,154

 

 

 

27,097

 

Deferred revenue

 

 

25,027

 

 

 

18,704

 

Accrued liabilities

 

 

18,485

 

 

 

15,523

 

Postretirement benefits

 

 

13,843

 

 

 

16,443

 

Net operating loss carryforwards

 

 

7,628

 

 

 

1,923

 

Charitable contribution carryover

 

 

5,723

 

 

 

3,770

 

Pension (nonunion)

 

 

5,307

 

 

 

8,303

 

Transactional costs

 

 

5,291

 

 

 

5,733

 

Capital lease agreements

 

 

2,871

 

 

 

3,377

 

Pension (union)

 

 

1,724

 

 

 

1,922

 

Other

 

 

4,198

 

 

 

1,669

 

Deferred income tax assets

 

$

210,574

 

 

$

198,519

 

Less: Valuation allowance for deferred tax assets

 

 

5,899

 

 

 

4,337

 

Net deferred income tax asset

 

$

204,675

 

 

$

194,182

 

 

 

 

 

 

 

 

 

 

Intangible assets

 

$

(154,974

)

 

$

(154,425

)

Depreciation

 

 

(131,856

)

 

 

(105,685

)

Investment in Piedmont

 

 

(24,540

)

 

 

(25,895

)

Inventory

 

 

(10,553

)

 

 

(9,781

)

Prepaid expenses

 

 

(8,680

)

 

 

(8,399

)

Patronage dividend

 

 

(1,246

)

 

 

(2,361

)

Deferred income tax liabilities

 

$

(331,849

)

 

$

(306,546

)

 

 

 

 

 

 

 

 

 

Net deferred income tax liability

 

$

(127,174

)

 

$

(112,364

)

 

The Company’s deferred income tax assets and liabilities are subject to adjustment in future periods based on the Company’s ongoing evaluations of such deferred assets and liabilities and new information available to the Company.

 

Valuation allowances are recognized on deferred tax assets if the Company believes it is more likely than not that some or all of the deferred tax assets will not be realized. The Company believes the majority of the deferred tax assets will be realized due to the reversal of certain significant temporary differences and anticipated future taxable income from operations.

 

The valuation allowance of $5.9 million on December 30, 2018 and $4.3 million on December 31, 2017 was established primarily for certain loss carryforwards and deferred compensation. The increase in the valuation allowance as of December 30, 2018 was primarily a result of the deductibility of certain deferred tax assets following the Company’s adoption of the Tax Act.

 

As of December 30, 2018, the Company had $16.2 million of federal net operating losses, which do not expire, and $93.5 million of state net operating losses available to reduce future income taxes, which expire in varying amounts through 2038.

 

Prior tax years beginning in year 2002 remain open to examination by the IRS, and various tax years beginning in year 1998 remain open to examination by certain state tax jurisdictions due to loss carryforwards.