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Note 11 - Income Taxes
12 Months Ended
Dec. 01, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
1
1
: Income Taxes
 
On
December 22, 2017,
the President of the United States signed into law U.S. Tax Reform. U.S. Tax Reform includes a number of provisions, including the lowering of the U.S. corporate tax rate from
35
percent to
21
percent, effective
January 1, 2018,
which results in a blended federal tax rate for fiscal year
2018.
U.S. Tax Reform also includes international provisions, which generally establish a territorial-style system for taxing foreign-source income of domestic multinational corporations and imposes a
one
-time transition tax on deemed repatriated accumulated foreign earnings as of
December 31, 2017.
 
The Company recorded a discrete tax charge of
$42.0
million during the year ended
December 1, 2018
for the
one
-time transition tax on deemed repatriation of its non-U.S. subsidiaries earnings. The transition tax was partially offset by a tax benefit of approximately
$8.5
million related to a dividends received deduction for certain foreign tax credits related to the transition tax. This charge includes U.S. state income tax on the portion of the earnings deemed to be repatriated. The
one
-time transition tax is based on the Company’s post-
1986
earnings and profits
not
previously subject to U.S. taxation. The Company also recorded a
$79.5
million benefit for the remeasurement of deferred tax assets and liabilities due to the decreased tax rate.
 
Income before income taxes and income from equity method
investments
   
2018
   
2017
   
2016
 
United States
 
$
19,388
    $
(33,273
)   $
72,218
 
Non-U.S.
 
 
137,338
     
93,872
     
91,226
 
Total
 
$
156,726
    $
60,599
    $
163,444
 
 
Components of the provision for income tax expense (benefit)
 
2018
   
2017
   
2016
 
Current:
                       
U.S. federal
 
$
9,652
    $
444
    $
14,515
 
State
 
 
1,597
     
21
     
2,789
 
Non-U.S.
 
 
37,980
     
29,557
     
27,788
 
   
 
49,229
     
30,022
     
45,092
 
Deferred:
                       
U.S. federal
 
 
(50,115
)
   
(7,653
)    
5,051
 
State
 
 
(197
)
   
(1,414
)    
979
 
Non-U.S.
 
 
(5,273
)
   
(11,145
)    
(2,202
)
   
 
(55,585
)
   
(20,212
)    
3,828
 
Total
 
$
(6,356
)
  $
9,810
    $
48,920
 
 
Reconciliation of effective income tax
   
2018
   
2017
   
2016
 
Statutory U.S. federal income tax rate
 
$
34,605
    $
21,210
    $
57,206
 
State income taxes, net of federal benefit
 
 
1,148
     
(959
)    
2,012
 
Foreign dividend repatriation
 
 
1,258
     
276
     
519
 
Foreign operations
 
 
(3,253
)
   
(9,565
)    
(3,386
)
Impact of option valuation
 
 
330
     
(1,381
)    
(1,879
)
Interest income not taxable in the U.S.
 
 
-
     
(626
)    
(525
)
Change in valuation allowance
 
 
5,213
     
(3,694
)    
(2,219
)
Tax impact of special charges, net
 
 
-
     
-
     
173
 
Research and development tax credit
 
 
(982
)
   
(647
)    
(2,291
)
Section 199 manufacturing deduction
 
 
(319
)
   
-
     
(1,658
)
Royal Adhesives transaction costs
 
 
-
     
2,271
     
-
 
Transition tax
 
 
42,007
     
-
     
-
 
Dividends received deduction
 
 
(8,484
)
   
-
     
-
 
Deferred tax rate change
 
 
(79,488
)
   
-
     
-
 
Other
 
 
1,609
     
2,925
     
968
 
Total income tax expense (benefit)
 
$
(6,356
)
  $
9,810
    $
48,920
 
 
Deferred income tax balances at each year-end related to:
 
2018
   
2017
 
Deferred tax assets:
               
Employee benefit costs
 
$
19,617
    $
36,824
 
Foreign tax credit carryforward
 
 
1,809
     
27,197
 
Tax loss carryforwards
 
 
27,532
     
24,096
 
Other
 
 
20,865
     
20,323
 
Gross deferred tax assets
 
 
69,823
     
108,440
 
Less: valuation allowance
 
 
(14,129
)
   
(9,273
)
Total net deferred tax assets
 
 
55,694
     
99,167
 
Deferred tax liability:
               
Depreciation and amortization
 
 
(242,877
)
   
(336,260
)
Total deferred tax liability
 
 
(242,877
)
   
(336,260
)
Net deferred tax liability
 
$
(187,183
)
  $
(237,093
)
 
The difference between the change in the deferred tax assets in the balance sheet and the deferred tax provision is primarily due to the defined benefit pension plan adjustment recorded in accumulated other comprehensive income (loss).
 
Valuation allowances principally relate to foreign net operating loss carryforwards where the future potential benefits do
not
meet the more-likely-than-
not
realization test. The increase in the valuation allowance relates primarily to current year net operating losses of which the company does
not
expect to receive a tax benefit.
 
Deferred tax assets and liabilities are measured using the currently enacted tax rates that apply to taxable income in effect for the years in which those deferred tax assets and liabilities are expected to be realized or settled. We record a valuation allowance to reduce deferred tax assets to the amount that is believed more-likely-than-
not
to be realized. We believe it is more-likely-than-
not
that reversal of deferred tax liabilities and forecasted income will be sufficient to fully recover the net deferred tax assets
not
already offset by a valuation allowance. In the event that all or part of the gross deferred tax assets are determined
not
to be realizable in the future, an adjustment to the valuation allowance would be charged to earnings in the period such determination is made.
 
U.S. income taxes have
not
been provided on approximately
$636,513
of undistributed earnings of non-U.S. subsidiaries. We intend to indefinitely reinvest these undistributed earnings. Cash available in the United States has historically been sufficient and we expect it will continue to be sufficient to fund U.S. cash flow requirements. In the event these earnings are later distributed to the U.S., such distributions would likely result in additional U.S. tax that
may
be offset, at least in part, by associated foreign tax credits.
 
While non-U.S. operations have been profitable overall, there are cumulative tax losses of
$100,389
in various countries. These tax losses can be carried forward to offset the income tax liabilities on future income in these countries. Cumulative tax losses of
$51,974
can be carried forward indefinitely, while the remaining
$48,415
of tax losses must be utilized during
2019
to
2036.
The company also has
$3,022
of tax effected losses in various states.
 
The U.S. has a foreign tax credit carryforward of
$1,809.
Projected foreign source income in future years is sufficient to utilize these credits in the carryforward period.
 
The table below sets forth the changes to our gross unrecognized tax benefit as a result of uncertain tax positions, excluding accrued interest, for the fiscal years ended
December 1, 2018,
and excluding accrued interest for the fiscal year ended
December 2, 2017. 
We do
not
anticipate that the total unrecognized tax benefits will change significantly within the next
twelve
months.
 
   
2018
   
2017
 
Balance at beginning of year
 
$
8,887
    $
4,165
 
Tax positions related to the current year:
               
Additions
 
 
622
     
613
 
                 
Tax positions related to prior years:
               
Additions
 
 
1,625
     
6,943
 
Reductions
 
 
(763
)
   
(1,585
)
Settlements
 
 
(15
)
   
(708
)
Lapses in applicable statutes of limitation
 
 
(1,936
)
   
(541
)
Balance at end of year
 
$
8,420
    $
8,887
 
 
Included in the balance of unrecognized tax benefits as of
December 1, 2018,
are potential benefits of
$5,320
that, if recognized, would affect the effective tax rate.
 
We report accrued interest and penalties related to unrecognized tax benefits in income tax expense. For the year ended
December 1, 2018,
we recognized a net expense for interest and penalties of
$571
relating to unrecognized tax benefits and had net accumulated accrued interest and penalties of
$1,190
as of
December 1, 2018.
For the year ended
December 2, 2017,
we recognized a net benefit for interest and penalties of
$111
relating to unrecognized tax benefits and had net accumulated accrued interest and penalties of
$626
as of
December 2, 2017.
 
We are subject to U.S. federal income tax as well as income tax in numerous state and foreign jurisdictions. We are
no
longer subject to U.S. federal tax examination for years prior to
2012
or Swiss income tax examination for years prior to
2012.
During
2015,
the U.S. tax authorities opened an audit for the years ended
December 1, 2012
and
November 30, 2013.
These audits have been principally settled but remain open only for matters to be addressed by the U.S., Canada and Mexican authorities in competent authority. During the
second
quarter of
2016,
H.B. Fuller (China) Adhesives, Ltd. was notified of a transfer pricing audit covering the calendar years
2005
through
2014.
We are in various stages of examination and appeal in several states and other foreign jurisdictions. Although the final outcomes of these examinations cannot currently be determined, we believe that we have recorded adequate liabilities with respect to these examinations.