Income Taxes

The 2017 Tax Act made broad and complex changes to the U.S. tax code which had a significant impact on our fiscal 2018 and fiscal 2019 tax expense, including reducing the U.S. federal corporate tax rate from 35% to 21%, expanded rules regarding expensing of fixed assets, and required one-time transition tax on certain undistributed earnings of foreign subsidiaries. Other provisions that became effective in Fiscal 2019 impacting income taxes include: an exemption from U.S. tax on dividends of future foreign earnings, expanded limitations on executive compensation, a minimum tax on certain foreign earnings in excess of 10% of the foreign subsidiaries tangible assets (i.e. global intangible low-taxed income or “GILTI”), and allows a benefit for foreign derived intangible income (FDII).

In December 2017, the Securities and Exchange Commission issued Staff Accounting Bulletin No. 118, which allows a measurement period, not to exceed one year, to finalize the accounting for the income tax impacts of the 2017 Tax Act. We have completed our analysis in the fourth quarter of fiscal 2019 and determined there is no material adjustment to the income tax expense. We have recorded current tax on GILTI relative to fiscal 2019 operations and will continue to account for GILTI as a period cost when incurred.

For financial reporting purposes, components of income before income taxes are as follows:



	Fiscal Year Ended
In thousands	February 2, 2019		February 3, 2018		January 28, 2017
			(53 weeks)
United States	$	3,463,785	$	3,255,057	$	3,196,370
Foreign	$	709,426	$	601,531	$	526,673
Income before provision for income taxes	$	4,173,211	$	3,856,588	$	3,723,043

The provision for income taxes includes the following:



	Fiscal Year Ended
In thousands	February 2, 2019			February 3, 2018			January 28, 2017
				(53 weeks)
Current:
Federal	$	711,369		$	1,063,141		$	1,068,778
State	251,187			160,650			213,505
Foreign	238,692			161,974			148,367
Deferred:
Federal	(62,278		)	(164,523		)	(3,107		)
State	(27,831		)	27,595			(10,583		)
Foreign	2,274			(197		)	7,849
Provision for income taxes	$	1,113,413		$	1,248,640		$	1,424,809

TJX had net deferred tax (liabilities) assets as follows:



	Fiscal Year Ended
In thousands	February 2, 2019			February 3, 2018
Deferred tax assets:
Net operating loss carryforward	$	49,489		$	40,088
Reserves for lease obligations	2,799			3,637
Pension, stock compensation, postretirement and employee benefits	273,482			232,887
Leases	45,740			42,999
Accruals and reserves	42,709			51,281
Other	65,776			25,599
Total gross deferred tax assets	$	479,995		$	396,491
Valuation allowance	(51,711		)	(42,332		)
Net deferred tax asset	$	428,284		$	354,159
Deferred tax liabilities:
Property, plant and equipment	$	497,906		$	437,621
Capitalized inventory	42,981			45,125
Tradename/intangibles	14,019			12,628
Undistributed foreign earnings	1,856			65,013
Other	23,246			20,271
Total deferred tax liabilities	$	580,008		$	580,658
Net deferred tax (liability)	$	(151,724	)	$	(226,499	)
Non-current asset	$	6,467		$	6,558
Non-current liability	(158,191		)	(233,057		)
Total	$	(151,724	)	$	(226,499	)

TJX has provided for all applicable state and foreign withholding taxes on all undistributed earnings of its foreign subsidiaries in Canada, Puerto Rico, Italy, India, Hong Kong and Vietnam through February 2, 2019. We have not provided for state and foreign withholding taxes on the approximately $1.4 billion of undistributed earnings related to all other foreign subsidiaries as such earnings are considered to be indefinitely reinvested in the business. The net amount of unrecognized state tax liabilities related to the undistributed earnings is approximately $1 million.

As of February 2, 2019 and February 3, 2018, for state income tax purposes, TJX had net operating loss carryforwards of $133.2 million and $113.9 million respectively, which expire, if unused, in the years 2020 through 2038. TJX has analyzed the realization of the state net operating loss carryforwards on an individual state basis. For those states where the Company has determined that it is more likely than not that the state net operating loss carryforwards will not be realized, a valuation allowance of $10 million has been provided for the deferred tax asset as of February 2, 2019 and $8.9 million as of February 3, 2018.

As of February 2, 2019 and February 3, 2018, the Company had available for foreign income tax purposes (related to Australia, Austria and the Netherlands) net operating loss carryforwards of $138.8 million and $111 million respectively, of which $18.3 million will expire, if unused, in fiscal years 2025 through 2028. The remaining loss carryforwards do not expire. For the deferred tax assets associated with the net operating loss carryforwards for which management has determined it is more likely than not that the deferred tax assets will not be realized, TJX had valuation allowances recorded of approximately $41.7 million as of February 2, 2019, and approximately $33.4 million as of February 3, 2018.

The difference between the U.S. federal statutory income tax rate and TJX’s worldwide effective income tax rate is reconciled below:



	Fiscal Year Ended
	February 2, 2019		February 3, 2018		January 28, 2017
			(53 weeks)
U.S. federal statutory income tax rate	21.0	%	33.7	%	35.0	%
Effective state income tax rate	4.5		3.6		3.5
Impact of foreign operations	1.2		(0.1	)	(0.2	)
Excess share-based compensation	(1.2	)	(1.3	)	—
Impact of 2017 Tax Act	1.5		(2.3	)	—
All other	(0.3	)	(1.2	)	—
Worldwide effective income tax rate	26.7	%	32.4	%	38.3	%

TJX’s effective income tax rate decreased for fiscal 2019 as compared to fiscal 2018. The decrease is primarily driven by the decrease in the U.S. federal statutory rate to 21%. The reduced tax rates per the 2017 Tax Act were applicable for all of fiscal 2019 versus only a portion of fiscal 2018.

TJX had net unrecognized tax benefits of $233.4 million as of February 2, 2019, $57.3 million as of February 3, 2018 and $38.5 million as of January 28, 2017.

A reconciliation of the beginning and ending gross amount of unrecognized tax benefits is as follows:



	Fiscal Year Ended
In thousands	February 2, 2019			February 3, 2018			January 28, 2017
Balance at beginning of year	$	61,704		$	49,092		$	43,326
Additions for uncertain tax positions taken in current year	7,406			6,504			7,018
Additions for uncertain tax positions taken in prior years	177,741			7,990			327
Reductions for uncertain tax positions taken in prior years	—			(587		)	(334		)
Reductions resulting from lapse of statute of limitations	(1,388		)	(1,295		)	(1,245		)
Settlements with tax authorities	(1,268		)	—			—
Balance at end of year	$	244,195		$	61,704		$	49,092

Included in the gross amount of unrecognized tax benefits are items that will impact future effective tax rates upon recognition. These items amounted to $222 million as of February 2, 2019, $55.8 million as of February 3, 2018 and $43.8 million as of January 28, 2017.

TJX is subject to U.S. federal income tax as well as income tax in multiple state, local and foreign jurisdictions. In the U.S. and in Canada, fiscal years through 2010 are no longer subject to examination. In all other jurisdictions, fiscal years through 2009 are no longer subject to examination.

TJX’s accounting policy is to classify interest and penalties related to income tax matters as part of income tax expense. The amount of interest and penalties expensed was $11.9 million for the year ended February 2, 2019, $1.9 million for the year ended February 3, 2018 and $1.4 million for the year ended January 28, 2017. The accrued amounts for interest and penalties are $23.6 million as of February 2, 2019, $11.9 million as of February 3, 2018 and $8.0 million as of January 28, 2017.

Based on the final resolution of tax examinations, judicial or administrative proceedings, changes in facts or law, expirations of statutes of limitations in specific jurisdictions or other resolutions of, or changes in, tax positions, it is reasonably possible that unrecognized tax benefits for certain tax positions taken on previously filed tax returns may change materially from those represented on the financial statements as of February 2, 2019. During the next twelve months, it is reasonably possible that state tax audit resolutions may reduce unrecognized tax benefits by $0 to $30 million, which would reduce the provision for taxes on earnings. The US Treasury issued several proposed regulations supplementing the 2017 Tax Act in 2018, including detailed guidance clarifying the calculation of the mandatory tax on previously unrepatriated earnings, expansion of existing foreign tax credit rules to newly created categories, and various other guidance. These proposed regulations are intended to be applied retroactively. As a result, the Company will monitor their impact to the Company's filing positions and will record any impacts as a discrete event in the period that the guidance is finalized.