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Income Taxes
12 Months Ended
Sep. 30, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

10. Income Taxes

The following table presents the components of our consolidated income tax expense for each of the last three fiscal years (in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Current income tax expense:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

36,020

 

 

$

72,840

 

 

$

102,450

 

State

 

 

11,336

 

 

 

16,248

 

 

 

18,698

 

Foreign

 

 

52,259

 

 

 

43,344

 

 

 

38,107

 

Total current tax expense

 

 

99,615

 

 

 

132,432

 

 

 

159,255

 

Deferred income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

6,439

 

 

 

13,337

 

 

 

7,561

 

State

 

 

485

 

 

 

2,295

 

 

 

2,789

 

Foreign

 

 

(34,331

)

 

 

(46,809

)

 

 

20,449

 

Total deferred tax expense (benefit)

 

 

(27,407

)

 

 

(31,177

)

 

 

30,799

 

Consolidated income tax expense

 

$

72,208

 

 

$

101,255

 

 

$

190,054

 

 

Deferred taxes reflect the tax effects of temporary differences between the amounts recorded as assets and liabilities for financial reporting purposes and the comparable amounts recorded for income tax purposes.  Deferred tax assets and liabilities are measured using the enacted tax rates and laws that will be in effect when the differences are expected to reverse.  The following table presents the components of our net deferred tax assets at September 30, 2016 and October 2, 2015 (in thousands):

 

 

 

2016

 

 

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Obligations relating to:

 

 

 

 

 

 

 

 

Defined benefit pension plans

 

$

77,834

 

 

$

64,644

 

Other employee benefit plans

 

 

179,063

 

 

 

186,701

 

Net Operating Losses

 

 

139,125

 

 

 

134,467

 

Self-insurance programs

 

 

1,722

 

 

 

473

 

Contract revenues and costs

 

 

(8,177

)

 

 

25,579

 

Deferred Rent

 

 

7,955

 

 

 

9,428

 

Restructuring

 

 

47,792

 

 

 

6,722

 

Other

 

 

9,933

 

 

 

6,370

 

Valuation Allowance

 

 

(41,684

)

 

 

(60,320

)

Gross deferred tax assets

 

 

413,563

 

 

 

374,064

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Depreciation and amortization

 

 

(154,939

)

 

 

(187,099

)

Other, net

 

 

(1,555

)

 

 

(3,994

)

Gross deferred tax liabilities

 

 

(156,494

)

 

 

(191,093

)

Net deferred tax assets

 

$

257,069

 

 

$

182,971

 

 

A valuation allowance is recorded to reduce deferred tax assets to the amount that is more likely than not to be realized based on an assessment of positive and negative evidence, including estimates of future taxable income necessary to realize future deductible amounts.  The valuation allowance at September 30, 2016 and October 2, 2015 was $41.7 million and $60.3 million, respectively.

Net operating loss carry forwards of foreign subsidiaries at September 30, 2016 and October 2, 2015 totaled $483.4 million and $455.1 million, respectively. If unused, foreign net operating losses of $26.1 million will expire between 2017 and 2036.  Net operating losses of $361.5 million can be carried forward indefinitely.

The following table presents the income tax benefits realized from the exercise of nonqualified stock options and disqualifying dispositions of stock sold under our employee stock purchase plans during each of the last three fiscal years (in millions):

 

2016

 

 

2015

 

 

2014

 

$

1.50

 

 

$

0.20

 

 

$

3.40

 

The following table reconciles total income tax expense using the statutory U.S. federal income tax rate to the consolidated income tax expense shown in the accompanying Consolidated Statements of Earnings for each of the last three fiscal years (dollars in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Statutory amount

 

$

98,935

 

 

$

141,479

 

 

$

189,758

 

State taxes, net of the federal benefit

 

 

7,853

 

 

 

12,857

 

 

 

12,750

 

Tax differential on foreign earnings

 

 

11,337

 

 

 

(38,838

)

 

 

11,991

 

Foreign Tax Credits

 

 

(44,018

)

 

 

(21,313

)

 

 

(20,802

)

Uncertain Tax Positions

 

 

1,449

 

 

 

2,281

 

 

 

(9,847

)

Other, net

 

 

(3,348

)

 

 

4,789

 

 

 

6,204

 

Consolidated income tax expense

 

$

72,208

 

 

$

101,255

 

 

$

190,054

 

Rates used to compute statutory amount

 

 

35.0

%

 

 

35.0

%

 

 

35.0

%

Consolidated effective income tax rate

 

 

25.2

%

 

 

23.5

%

 

 

35.1

%

 

The Company’s consolidated effective income tax rate was 25.2% for fiscal 2016, compared to 23.5% in fiscal 2015. Contributing to the increase in the effective tax rate when compared to the prior year is the absence of a $23.1 million nonrecurring benefit related to foreign currency loss in 2015.  The fiscal 2016 effective tax rate is lower than the statutory rate due to an $11.2 million benefit related to a valuation allowance release, a $6.9 million benefit from a prior period adjustment to income taxes payable, and an $8.7 million benefit recorded upon the filing of a US amended tax return to claim additional foreign tax credits and an U.S. Internal Revenue Code Section 179D benefit for the design of energy efficient buildings.  Offsetting the current year benefits was an $8.9 million expense charge related to the revaluation of deferred tax assets due to a statutory tax rate change in the United Kingdom.

The following table presents income tax payments made during each of the last three fiscal years (in millions):

 

2016

 

 

2015

 

 

2014

 

$

116.30

 

 

$

156.50

 

 

$

173.60

 

The following table presents the components of our consolidated earnings before taxes for each of the last three fiscal years (in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

United States earnings

 

$

206,159

 

 

$

283,504

 

 

$

288,800

 

Foreign earnings

 

 

80,564

 

 

 

146,633

 

 

 

253,366

 

 

 

$

286,723

 

 

$

430,137

 

 

$

542,166

 

 

United States income taxes, net of applicable credits, have been provided on the undistributed earnings of the Company’s foreign subsidiaries, except in those instances where the earnings have been permanently reinvested. At September 30, 2016, approximately $26.1 million of such undistributed earnings of certain foreign subsidiaries have been permanently reinvested. Should these earnings be repatriated, approximately $5.4 million of income taxes would be payable.

The Company accounts for unrecognized tax benefits in accordance with ASC Topic 740, Income Taxes. It accounts for interest and penalties on unrecognized tax benefits as interest and penalties (i.e., not as part of income tax expense). The Company’s liability for gross unrecognized tax benefits was $44.2 million and $42.7 million at September 30, 2016 and October 2, 2015, respectively, all of which, if recognized, would affect the Company’s consolidated effective income tax rate. The Company had $36.4 million and $42.1 million in accrued interest and penalties at September 30, 2016 and October 2, 2015, respectively. The Company estimates that, within 12 months, $4.3 million of gross, primarily non-U.S. unrecognized tax benefits will reverse due to the anticipated expiration of time to assess tax. As of September 30, 2016, the Company’s U.S. federal income tax returns for tax years 2013 through 2016 remain subject to examination.

The following table presents the reconciliation of the beginning and ending amount of unrecognized tax benefits for the years presented (in thousands):

 

 

 

2016

 

 

2015

 

 

2014

 

Balance, beginning of year

 

 

42,666

 

 

 

41,923

 

 

 

51,770

 

Additions based on tax positions related to the current

   year

 

 

5,670

 

 

 

6,440

 

 

 

6,528

 

Additions for tax positions of prior years

 

 

367

 

 

 

 

 

 

 

Reductions for tax positions of prior years

 

 

(2,451

)

 

 

(5,697

)

 

 

(16,375

)

Settlement

 

 

(2,085

)

 

 

 

 

 

 

Balance, end of year

 

 

44,167

 

 

 

42,666

 

 

 

41,923