Income Taxes

The provision for income taxes was computed based on the following components of income (loss) before income tax expense and discontinued operations:



In thousands	Successor						Predecessor
In thousands	Fiscal Year Ended December 29, 2012			Eleven Months Ended December 31, 2011			One Month Ended January 28, 2011			Fiscal Year Ended January 1, 2011
Domestic	$	(44,664	)	$	(75,910	)	$	(19,238	)	$	(25,000	)
Foreign	26,281			2,809			1,485			41,329
Total	$	(18,383	)	$	(73,101	)	$	(17,753	)	$	16,329

The components of income tax (provision) benefit for the respective periods are as follows:



In thousands	Successor						Predecessor
In thousands	Fiscal Year Ended December 29, 2012			Eleven Months Ended December 31, 2011			One Month Ended January 28, 2011			Fiscal Year Ended January 1, 2011
Current:
Federal and state	$	397		$	17,115		$	(302	)	$	7,001
Foreign	(9,175		)	(17,498		)	(247		)	(15,350		)
Deferred:
Federal and state	90			—			—			794
Foreign	1,033			3,655			—			3,021
Income tax (provision) benefit	$	(7,655	)	$	3,272		$	(549	)	$	(4,534	)

The income tax (provision) benefit differs from the amount of income taxes determined by applying the applicable U.S. federal statutory rate of 35% to pretax income as a result of the following differences:



In thousands	Successor						Predecessor
In thousands	Fiscal Year Ended December 29, 2012			Eleven Months Ended December 31, 2011			One Month Ended January 28, 2011			Fiscal Year Ended January 1, 2011
Computed income tax (provision) benefit at statutory rate	$	6,435		$	25,585		$	6,214		$	(5,715	)
State income taxes, net of U.S. federal tax benefit	(5		)	1,207			(27		)	(437		)
Change in valuation allowance	(17,035		)	(30,823		)	(6,579		)	(10,755		)
Local country withholding tax	(800		)	(3,574		)	(157		)	(1,210		)
Tax attribute carryforward expiration	—			—			—			—
Intra-period allocation rule exception	—			970			—			2,787
Foreign rate difference	3,852			(6,338		)	56			3,967
Change in U.S. Personal Holding Company liability	—			16,221			(54		)	7,864
Other	(102		)	24			(2		)	(1,035		)
Income tax (provision) benefit	$	(7,655	)	$	3,272		$	(549	)	$	(4,534	)

For the tax year ended December 31, 2011, the unrecognized tax benefit (the “UTB”) associated with the Personal Holding Company ("PHC") matter was released in its entirety, including $2.2 million related to the expiration of statute of limitations and $14.0 million related to the favorable Internal Revenue Service (the “IRS”) ruling. For the tax year ended January 1, 2011, the change in the PHC UTB includes a benefit of $8.7 million from the expiration of statute of limitations, offset by additional interest of $0.8 million.

The Company conducts business in foreign jurisdictions which grant special income tax rates from statutory income tax rates for a specified period under certain circumstances. The Company recognized approximately $0.3 million and $1.8 million of tax benefits during fiscal 2011 and 2010, respectively, related to these special income tax rates in China, which expired at the end of 2011.

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, as well as net operating losses and other tax credit carryforwards.

Deferred income tax assets and liabilities consist of the following:



In thousands	December 29, 2012			December 31, 2011
Deferred tax assets:
Provision for bad debts	$	1,263		$	1,313
Inventory capitalization and allowances	146			507
Net operating loss and capital loss carryforwards	183,917			182,040
Tax credits	3,681			4,001
Employee compensation and benefits	10,732			4,662
Property, plant and equipment	—			—
Other, net	18,291			14,737
Total deferred tax assets	218,030			207,260
Valuation allowance	(203,837		)	(178,161		)
Net deferred tax assets	$	14,193		$	29,099

Deferred tax liabilities:
Property, plant and equipment, net	$	(29,832	)	$	(35,553	)
Intangibles	(4,593		)	(5,294		)
Stock basis of subsidiaries	(281		)	(4,277		)
Undistributed Earnings	(1,762		)	(5,020		)
Other, net	(6,608		)	(9,110		)
Total deferred tax liabilities	(43,076		)	(59,254		)
Net deferred tax liabilities	$	(28,883	)	$	(30,155	)

The Company records a deferred tax liability associated with the excess of book basis over tax basis in the shares of subsidiaries not considered permanently invested. At December 29, 2012, the Company has not provided deferred U.S. income taxes on $64.2 million of unremitted earnings of its foreign subsidiaries where the earnings are considered permanently invested. If management decided to repatriate these earnings, they would become taxable in the United States. In the event of additional tax, unrecognized tax attributes may be available to reduce some portion of any U.S. income tax liability.

Prior to potential Internal Revenue Code Section 382 (“Section 382”) limitations, the Company has $303.6 million of U.S. federal operating loss carryforwards that expire between 2024 and 2032. Although Section 382 limits a company’s ability to use net operating losses on an annual basis, management believes the Section 382 limitation will not have a significant impact on the aggregate availability of U.S. federal net operating losses, and will have no material impact on the financial position of the Company. In addition, the Company has $649.8 million of aggregated state operating loss carryforwards that expire over various time periods, and has $162.5 million of foreign operating loss carryforwards, of which $67.5 million have an unlimited carryforward life and $56.9 million expire between 2013 and 2021. The remaining $38.1 million of foreign operating loss carryforwards expire between 2013 and 2032. The Company has potential tax benefits of $1.7 million of tax credit carryforwards on foreign jurisdictions, $0.3 million of which have an unlimited carryforward life, and the remaining $1.4 million expire between 2013 and 2022. The Company has $0.7 million of AMT credit with an unlimited carryforward life.

A valuation allowance is recorded when, based on the weight of the evidence, it is more likely than not that some portion, or all, of the deferred tax asset will not be realized. In assessing the likelihood that a deferred tax asset will be realized, management considers, among other factors, the trend of historical and projected future taxable income, the scheduled reversal of deferred tax liabilities, the carryforward period for net operating losses and credits as well as tax planning strategies available to the Company. After consideration of all available evidence both positive and negative, the Company has determined that valuation allowances of $203.8 million and $178.2 million are appropriate as of December 29, 2012 and December 31, 2011, respectively.

A reconciliation of the beginning and ending amount of unrecognized tax benefits, included in Other noncurrent liabilities in the accompanying Consolidated Balance Sheet, excluding potential interest and penalties associated with uncertain tax positions, is as follows:



In thousands	Successor						Predecessor
In thousands	Fiscal Year Ended December 29, 2012			Eleven Months Ended December 31, 2011			One Month Ended January 28, 2011			Fiscal Year Ended January 1, 2011
Unrecognized tax benefits at beginning of period	$	12,892		$	24,704		$	24,357		$	29,366
Gross increases for tax positions of prior years	—			—			—			457
Gross decreases for tax positions of prior years	(127		)	(11,654		)	(239		)	(24		)
Increases in tax positions for the current year	2,085			2,621			141			1,797
Lapse of statute of limitations	(1,810		)	(2,898		)	—			(7,106		)
Purchase accounting adjustment	—			—			445			—
Currency translation	(246		)	119			—			(133		)
Unrecognized tax benefits at end of period	$	12,794		$	12,892		$	24,704		$	24,357

The total amount of UTBs as of December 29, 2012 and December 31, 2011 were $25.0 million and $25.9 million, respectively. These amounts include accrued interest and penalties of $12.2 million and $13.0 million at December 29, 2012 and December 31, 2011, respectively. Further, UTBs of $25.0 million represent the amount that, if recognized, would affect the effective tax rate of the Company in future periods. Included in the balance as of December 29, 2012 was $4.7 million related to tax positions for which it is reasonably possible that the total amounts could significantly change during the next twelve months. This amount represents a decrease in UTBs comprised of items related to lapse of statute of limitations or settlement of issues. The Company continues to recognize interest and/or penalties related to income taxes as a component of income tax expense.

During 2012, the Company completed a sale of leased equipment between its' Netherlands and Colombia subsidiaries. At December 29, 2012, the capitalized assets have a book value of $20.7 million, which will be depreciated over the remaining useful life of the equipment. The Company recognized no gain or loss on this intercompany transaction. However, due to different tax rates in each jurisdiction, the transaction resulted in a deferred tax expense of $1.2 million which the Company recorded within Additional paid-in-capital. The equity adjustment will be recognized in earnings over the remaining useful life of the equipment.

The Company determined that it may be subject to PHC tax for past periods and established a liability in accordance with the recognition provisions of ASC 740 "Income Taxes" (ASC 740"). However, in the fourth quarter of 2011, the IRS issued a favorable ruling determining the Company was not a PHC.

Management judgment is required in determining tax provisions and evaluating tax positions. Although management believes its tax positions and related provisions reflected in the consolidated financial statements are fully supportable, it recognizes that these tax positions and related provisions may be challenged by various tax authorities. These tax positions and related provisions are reviewed on an ongoing basis and are adjusted as additional facts and information become available, including progress on tax audits, changes in interpretations of tax laws, developments in case law and closing of statute of limitations. The Company’s tax provision includes the impact of recording reserves and any changes thereto. As of December 29, 2012, the Company has a number of open tax years with various taxing jurisdictions that range from 2003 to 2012. The results of current tax audits and reviews related to open tax years have not been finalized, and management believes that the ultimate outcomes of these audits and reviews will not have a material adverse effect on the Company’s financial position, results of operations or cash flows.

The major jurisdictions where the Company files income tax returns include the United States, Canada, China, the Netherlands, France, Germany, Spain, Mexico, Colombia, and Argentina. The U.S. federal tax returns have been examined through fiscal 2004 and the foreign jurisdictions generally remain open and subject to examination by the relevant tax authorities for the tax years 2003 through 2012.