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Income Taxes
12 Months Ended
Dec. 29, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

17.

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)

 

2019

 

 

2018

 

 

2017

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

7,505

 

 

$

(4,228

)

 

$

12,978

 

State

 

 

4,173

 

 

 

(3,269

)

 

 

5,292

 

Total current provision (benefit)

 

$

11,678

 

 

$

(7,497

)

 

$

18,270

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

4,514

 

 

$

5,701

 

 

$

(54,232

)

State

 

 

(527

)

 

 

3,665

 

 

 

(3,879

)

Total deferred provision (benefit)

 

$

3,987

 

 

$

9,366

 

 

$

(58,111

)

 

 

 

 

 

 

 

 

 

 

 

 

 

Income tax expense (benefit)

 

$

15,665

 

 

$

1,869

 

 

$

(39,841

)

 

The Company’s effective income tax rate, as calculated by dividing income tax expense (benefit) by income (loss) before income taxes, was 45.8% for 2019, (14.1)% for 2018 and (63.2)% for 2017. The following table provides a reconciliation of income tax expense (benefit) at the statutory federal rate to actual income tax expense (benefit):

 

 

 

Fiscal Year

 

 

 

2019

2018

 

 

2017

 

(in thousands)

 

Income

tax expense

 

 

% pre-tax

income

 

 

Income

tax expense

 

 

% pre-tax

income

 

 

Income

tax expense

 

 

% pre-tax

income

 

Statutory (income) / expense

 

$

7,187

 

 

 

21.0

%

 

$

(2,790

)

 

 

21.0

%

 

$

22,052

 

 

 

35.0

%

Nondeductible compensation

 

 

4,313

 

 

 

12.6

 

 

 

2,851

 

 

 

(21.5

)

 

 

230

 

 

 

0.4

 

Meals, entertainment and travel expense

 

 

2,440

 

 

 

7.1

 

 

 

2,734

 

 

 

(20.6

)

 

 

3,684

 

 

 

5.8

 

Noncontrolling interest – Piedmont

 

 

(1,826

)

 

 

(5.3

)

 

 

(1,238

)

 

 

9.3

 

 

 

(1,692

)

 

 

(2.7

)

State income taxes, net of federal benefit

 

 

1,352

 

 

 

4.0

 

 

 

(376

)

 

 

2.8

 

 

 

2,029

 

 

 

3.2

 

Valuation allowance change

 

 

1,290

 

 

 

3.8

 

 

 

1,566

 

 

 

(11.8

)

 

 

2,718

 

 

 

4.3

 

Nondeductible fees and expenses

 

 

887

 

 

 

2.6

 

 

 

568

 

 

 

(4.3

)

 

 

1,151

 

 

 

1.8

 

Adjustment for uncertain tax positions

 

 

(805

)

 

 

(2.4

)

 

 

694

 

 

 

(5.2

)

 

 

(521

)

 

 

(0.8

)

Adjustment for federal tax legislation

 

 

-

 

 

 

-

 

 

 

(1,989

)

 

 

15.0

 

 

 

(69,014

)

 

 

(109.5

)

Other, net

 

 

827

 

 

 

2.4

 

 

 

(151

)

 

 

1.2

 

 

 

(478

)

 

 

(0.7

)

Income tax expense (benefit)

 

$

15,665

 

 

 

45.8

%

 

$

1,869

 

 

(14.1)%

 

 

$

(39,841

)

 

(63.2)%

 

 

The Company’s effective income tax rate, as calculated by dividing income tax expense (benefit) by income (loss) before income taxes minus net income attributable to noncontrolling interest, was 57.9% for 2019, (10.3)% for 2018 and (70.3)% for 2017.

 

The Tax Act was signed into law in 2017 and significantly reformed the Internal Revenue Code of 1986, as amended, which included reducing the corporate tax rate to 21% and changing the deductibility of certain expenses. In 2017, the Company recorded an estimated net benefit resulting from its adoption of the Tax Act of $66.6 million to income tax expense (benefit) in its consolidated financial statements and, in 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 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 2019, 2018 and 2017, 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 29, 2019 and December 30, 2018 were not material.

 

The Company had uncertain tax positions, including accrued interest of $2.5 million on December 29, 2019 and $3.1 million on December 30, 2018, all of which would affect the Company’s effective income 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)

 

2019

 

 

2018

 

 

2017

 

Gross uncertain tax positions at the beginning of the year

 

$

2,857

 

 

$

2,286

 

 

$

2,679

 

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

 

 

60

 

 

 

571

 

 

 

966

 

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

 

 

(634

)

 

 

-

 

 

 

(1,359

)

Gross uncertain tax positions at the end of the year

 

$

2,283

 

 

$

2,857

 

 

$

2,286

 

 

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 29, 2019

 

 

December 30, 2018

 

Acquisition related contingent consideration

 

$

110,036

 

 

$

94,323

 

Operating lease liabilities

 

 

27,346

 

 

 

-

 

Deferred compensation

 

 

26,788

 

 

 

26,154

 

Deferred revenue

 

 

24,936

 

 

 

25,027

 

Accrued liabilities

 

 

19,266

 

 

 

18,485

 

Pension

 

 

14,124

 

 

 

7,031

 

Postretirement benefits

 

 

13,250

 

 

 

13,843

 

Charitable contribution carryover

 

 

6,622

 

 

 

5,723

 

Transactional costs

 

 

4,857

 

 

 

5,291

 

Financing or capital lease agreements

 

 

2,432

 

 

 

2,871

 

Net operating loss carryforwards

 

 

2,012

 

 

 

7,628

 

Other

 

 

3,022

 

 

 

4,198

 

Deferred income tax assets

 

$

254,691

 

 

$

210,574

 

Less: Valuation allowance for deferred tax assets

 

 

7,190

 

 

 

5,899

 

Net deferred income tax asset

 

$

247,501

 

 

$

204,675

 

 

 

 

 

 

 

 

 

 

Intangible assets

 

$

(151,940

)

 

$

(154,974

)

Depreciation

 

 

(147,140

)

 

 

(131,856

)

Right of use assets - operating leases

 

 

(26,997

)

 

 

-

 

Investment in Piedmont

 

 

(23,287

)

 

 

(24,540

)

Inventory

 

 

(12,631

)

 

 

(10,553

)

Prepaid expenses

 

 

(7,627

)

 

 

(8,680

)

Patronage dividend

 

 

(3,009

)

 

 

(1,246

)

Deferred income tax liabilities

 

$

(372,631

)

 

$

(331,849

)

 

 

 

 

 

 

 

 

 

Net deferred income tax liability

 

$

(125,130

)

 

$

(127,174

)

 

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 $7.2 million on December 29, 2019 and $5.9 million on December 30, 2018 was established primarily for certain loss carryforwards and deferred compensation. The increase in the valuation allowance as of December 29, 2019 was primarily a result of the deductibility of certain deferred compensation.

 

As of December 29, 2019, the Company had no federal net operating losses and $40.1 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 Internal Revenue Service, and various tax years beginning in year 1998 remain open to examination by certain state tax jurisdictions due to loss carryforwards.