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Income Taxes
12 Months Ended
Dec. 25, 2016
Income Taxes  
Income Taxes

15.  Income Taxes

 

A summary of the provision for income taxes follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

    

2016

    

2015

    

2014

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

32,477

 

$

36,077

 

$

26,919

 

Foreign

 

 

2,669

 

 

4,183

 

 

2,368

 

State and local

 

 

2,947

 

 

3,169

 

 

2,849

 

Deferred

 

 

11,624

 

 

(6,246)

 

 

4,422

 

Total

 

$

49,717

 

$

37,183

 

$

36,558

 

 

Significant deferred tax assets (liabilities) follow (in thousands):

 

 

 

 

 

 

 

 

 

 

    

December 25,

    

December 27,

 

 

 

2016

    

2015

 

Accrued liabilities

 

$

14,479

 

$

19,277

 

Accrued bonuses

 

 

5,399

 

 

4,621

 

Other assets and liabilities

 

 

12,434

 

 

11,488

 

Equity awards

 

 

7,704

 

 

6,866

 

Other

 

 

3,716

 

 

3,662

 

Foreign net operating losses

 

 

3,418

 

 

4,769

 

Foreign tax credit carryforwards

 

 

2,347

 

 

 —

 

Total deferred tax assets

 

 

49,497

 

 

50,683

 

Valuation allowance on foreign net operating and capital losses, foreign deferred tax assets, and foreign tax credit carryforwards

 

 

(5,462)

 

 

(2,866)

 

Total deferred tax assets, net of valuation allowances

 

 

44,035

 

 

47,817

 

 

 

 

 

 

 

 

 

Deferred expenses

 

 

(9,544)

 

 

(6,861)

 

Accelerated depreciation

 

 

(25,072)

 

 

(21,434)

 

Goodwill

 

 

(18,480)

 

 

(16,752)

 

Other

 

 

(217)

 

 

(4,965)

 

Total deferred tax liabilities

 

 

(53,313)

 

 

(50,012)

 

Net deferred liability

 

$

(9,278)

 

$

(2,195)

 

 

The Company had approximately $14.5 million and $21.9 million of foreign tax net operating loss carryovers as of December 25, 2016 and December 27, 2015, respectively.  The Company had approximately $3.1 million and $2.9 million of a valuation allowance primarily related to these foreign net operating losses as of December 25, 2016 and December 27, 2015, respectively. A substantial majority of our foreign tax net operating losses do not have an expiration date. 

 

In addition, the Company had approximately $2.3 million in foreign tax credit carryforwards as of December 25, 2016 that expire 10 years from inception, or 2025.  Our ability to utilize these foreign tax credit carryforwards is dependent on our ability to generate foreign earnings in future years sufficient to claim foreign tax credits in excess of foreign taxes paid in those years.  The Company provided a full valuation allowance of $2.3 million for these foreign tax credit carryforwards as we believe realization based on the more-likely-than-not criteria has not been met as of December 25, 2016.

 

The reconciliation of income tax computed at the U.S. federal statutory rate to income tax expense for the years ended December 25, 2016, December 27, 2015 and December 28, 2014 is as follows in both dollars and as a percentage of income before income taxes ($ in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2016

 

2015

 

2014

 

 

    

Income Tax

 

Income

 

    Income Tax

 

Income

 

Income Tax

 

Income

 

 

 

Expense

 

Tax Rate

 

Expense

 

Tax Rate

 

Expense

 

Tax Rate

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax at U.S. federal statutory rate

 

$

55,583

 

35.0

%  

 

$

41,702

 

35.0

%  

 

$

39,989

 

35.0

%

 

State and local income taxes

 

 

2,972

 

1.9

%  

 

 

2,106

 

1.8

%  

 

 

1,896

 

1.7

%

 

Foreign income taxes

 

 

3,143

 

2.0

%  

 

 

2,432

 

2.0

%  

 

 

2,368

 

2.1

%

 

Income of consolidated partnerships attributable to noncontrolling interests

 

 

(2,312)

 

(1.4)

%  

 

 

(2,311)

 

(1.9)

%  

 

 

(1,608)

 

(1.4)

%

 

Non-qualified deferred compensation plan (income) loss

 

 

(428)

 

(0.3)

%  

 

 

218

 

0.2

%  

 

 

(171)

 

(0.2)

%

 

Tax credits

 

 

(6,771)

 

(4.3)

%  

 

 

(4,846)

 

(4.1)

%  

 

 

(3,906)

 

(3.4)

%

 

Other

 

 

(2,470)

 

(1.6)

%  

 

 

(2,118)

 

(1.8)

%  

 

 

(2,010)

 

(1.8)

%

 

Total

 

$

49,717

 

31.3

%  

 

$

37,183

 

31.2

%  

 

$

36,558

 

32.0

%

 

 

Income taxes paid were $35.1 million in 2016, $23.3 million in 2015 and $27.0 million in 2014.

 

The Company files income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. The Company, with few exceptions, is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2012. The Company is currently undergoing examinations by various tax authorities. The Company anticipates that the finalization of these current examinations and other issues could result in a decrease in the liability for unrecognized tax benefits (and a decrease of income tax expense) of approximately $267,000 during the next 12 months.

 

The Company had $4.8 million of unrecognized tax benefits at December 25, 2016 of which, if recognized, would affect the effective tax rate. A reconciliation of the beginning and ending liability for unrecognized tax benefits excluding interest and penalties is as follows, which is recorded as an other long-term liability (in thousands):

 

 

 

 

 

 

Balance at December 28, 2014

    

$

4,328

 

Additions for tax positions of current year

 

 

529

 

Additions for tax positions of prior years

 

 

2,005

 

Reductions for lapse of statute of limitations

 

 

(1,192)

 

Balance at December 27, 2015

 

 

5,670

 

Additions for tax positions of current year

 

 

126

 

Additions for tax positions of prior years

 

 

183

 

Reductions for lapse of statute of limitations

 

 

(1,152)

 

Balance at December 25, 2016

 

$

4,827

 

 

The Company’s 2016 and 2015 income tax expense includes a benefit of $278,000 and $217,000, respectively. The Company has accrued approximately $544,000 and $825,000 for the payment of interest and penalties as of December 25, 2016 and December 27, 2015, respectively.