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INCOME TAXES
12 Months Ended
Sep. 30, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES
NOTE 9 INCOME TAXES
Income Tax Benefit and Rate
The components of the benefit for income taxes are as follows:
 
Year Ended September 30,
(in thousands)
2020
 
2019
 
2018
Current:
 
 
 
 
 
Federal
$
15,431

 
$
21,745

 
$
757

Foreign
1,495

 
732

 
6,492

State
523

 
3,365

 
2,340

 
17,449

 
25,842

 
9,589

Deferred:
 
 
 
 
 
Federal
(127,096
)
 
(35,809
)
 
(508,256
)
Foreign
(12,390
)
 
2,804

 
7,415

State
(18,069
)
 
(11,549
)
 
14,083

 
(157,555
)
 
(44,554
)
 
(486,758
)
Total benefit
$
(140,106
)
 
$
(18,712
)
 
$
(477,169
)

The amounts of domestic and foreign income (loss) before income taxes are as follows:
 
Year Ended September 30,
(in thousands)
2020
 
2019
 
2018
Domestic
$
(458,364
)
 
$
(45,118
)
 
$
27,436

Foreign
(178,134
)
 
(6,104
)
 
(11,595
)
 
$
(636,498
)
 
$
(51,222
)
 
$
15,841


Effective income tax rates as compared to the U.S. Federal income tax rate are as follows:
 
Year Ended September 30,
 
2020
 
2019
 
2018
U.S. Federal income tax rate
21.0
 %
 
21.0
 %
 
24.5
 %
Effect of foreign taxes
(0.2
)
 
(0.6
)
 
87.8

State income taxes, net of federal tax benefit
2.8

 
17.2

 
68.8

Remeasurement of deferred tax related to Tax Cuts and Jobs Act

 

 
(3,169.4
)
Other impact of foreign operations
(0.5
)
 
0.9

 
(43.4
)
Non-deductible meals and entertainment
(0.2
)
 
(2.5
)
 
8.2

Equity compensation
(0.3
)
 
2.7

 
(5.3
)
Excess officer's compensation
(0.2
)
 
(1.9
)
 
1.7

Contingent consideration adjustment

 
4.5

 
10.7

Other
(0.4
)
 
(4.8
)
 
4.1

Effective income tax rate
22.0
 %
 
36.5
 %
 
(3,012.3
)%


Effective tax rates differ from the U.S. federal statutory rate of 21.0 percent due to state and foreign income taxes and the tax effect of non-deductible expenditures.
Deferred Taxes
Deferred income taxes are provided for the temporary differences between the financial reporting basis and the tax basis of our assets and liabilities. Recoverability of any tax assets are evaluated, and necessary valuation allowances are provided. The carrying value of the net deferred tax assets is based on management’s judgments using certain estimates and assumptions that we will be able to generate sufficient future taxable income in certain tax jurisdictions to realize the benefits of such assets. If these estimates and related assumptions change in the future, additional valuation allowances may be recorded against the deferred tax assets resulting in additional income tax expense in the future.
The components of our net deferred tax liabilities are as follows:
 
September 30,
(in thousands)
2020
 
2019
Deferred tax liabilities:
 
 
 
Property, plant and equipment
$
685,389

 
$
867,909

Marketable securities
1,957

 

Other
26,138

 
15,681

Total deferred tax liabilities
713,484

 
883,590

Deferred tax assets:
 
 
 
Marketable securities

 
771

Pension reserves
7,369

 
7,324

Self-insurance reserves
10,360

 
14,294

Net operating loss, foreign tax credit, and other federal tax credit carryforwards
33,747

 
41,126

Financial accruals
32,481

 
54,511

Other
15,632

 
2,531

Total deferred tax assets
99,589

 
120,557

Valuation allowance
(36,780
)
 
(43,578
)
Net deferred tax assets
62,809

 
76,979

Net deferred tax liabilities
$
650,675

 
$
806,611



The change in our net deferred tax assets and liabilities is impacted by foreign currency remeasurement.
As of September 30, 2020, we had federal, state and foreign tax net operating loss carryforwards of $7.3 million, $25.7 million and $39.9 million, respectively, and foreign tax credit carryforwards of approximately $23.9 million (of which $19.1 million is reflected as a deferred tax asset in our Consolidated Financial Statements prior to consideration of our valuation allowance) which will expire in fiscal years 2021 through 2040. The valuation allowance is primarily attributable to foreign net operating loss carryforwards of $11.3 million, foreign tax credit carryforwards of $19.1 million, equity compensation of $4.9 million, and foreign minimum tax credit carryforwards of $1.4 million which more likely than not will not be utilized.
Unrecognized Tax Benefits
We recognize accrued interest related to unrecognized tax benefits in interest expense, and penalties in other expense in the Consolidated Statements of Operations. As of September 30, 2020, and 2019, we had accrued interest and penalties of $2.8 million and $2.1 million, respectively. A reconciliation of the change in our gross unrecognized tax benefits for the fiscal years ended September 30, 2020 and 2019 is as follows:
(in thousands)
2020
 
2019
Unrecognized tax benefits at October 1,
$
15,759

 
$
14,905

Gross decreases - current period effect of tax positions
(2,338
)
 
(28
)
Gross increases - current period effect of tax positions
20

 
1,067

Expiration of statute of limitations for assessments
(1
)
 
(185
)
Unrecognized tax benefits at September 30, 
$
13,440

 
$
15,759



As of September 30, 2020, and 2019, our liability for unrecognized tax benefits includes $13.0 million and $15.3 million, respectively, of unrecognized tax benefits related to discontinued operations that, if recognized, would not affect the effective tax rate. The remaining unrecognized tax benefits would affect the effective tax rate if recognized. The liabilities for unrecognized tax benefits and related interest and penalties are included in other noncurrent liabilities in our Consolidated Balance Sheets.
For the next 12 months, we cannot predict with certainty whether we will achieve ultimate resolution of any uncertain tax position associated with our U.S. and international operations that could result in increases or decreases of our unrecognized tax benefits. However, we do not expect the increases or decreases to have a material effect on our results of operations or financial position.
Tax Returns
We file a consolidated U.S. federal income tax return, as well as income tax returns in various states and foreign jurisdictions.  The tax years that remain open to examination by U.S. federal and state jurisdictions include fiscal years 2016 through 2019, with exception of certain state jurisdictions currently under audit. The tax years remaining open to examination by foreign jurisdictions include 2003 through 2019.