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Income Taxes
12 Months Ended
Dec. 26, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

6. Income Taxes

The Company’s income tax provision (benefit) consists of the following:

 

 

 

Fiscal Year Ended

 

 

 

December 26, 2020

 

 

December 28, 2019

 

 

December 29, 2018

 

Federal:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

(25,220

)

 

$

32,874

 

 

$

26,784

 

Deferred

 

 

(7,115

)

 

 

20,388

 

 

 

13,249

 

 

 

$

(32,335

)

 

$

53,262

 

 

$

40,033

 

State:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

(3,931

)

 

$

12,605

 

 

$

13,015

 

Deferred

 

 

2,715

 

 

 

831

 

 

 

(1,599

)

 

 

$

(1,216

)

 

$

13,436

 

 

$

11,416

 

Foreign:

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

133,622

 

 

$

77,594

 

 

$

53,625

 

Deferred

 

 

11,015

 

 

 

(109,556

)

 

 

24,093

 

 

 

$

144,637

 

 

$

(31,962

)

 

$

77,718

 

Total

 

$

111,086

 

 

$

34,736

 

 

$

129,167

 

 

 

The income tax provision differs from the amount computed by applying the U.S. statutory federal income tax rate to income before taxes. The sources and tax effects of the differences, including the impact of establishing tax contingency accruals, are as follows:

 

 

 

Fiscal Year Ended

 

 

 

December 26, 2020

 

 

December 28, 2019

 

 

December 29, 2018

 

Federal income tax expense at U.S. statutory rate

 

$

231,718

 

 

$

207,317

 

 

$

172,882

 

State income tax (benefit) expense, net of federal tax effect

 

 

(3,404

)

 

 

7,827

 

 

 

5,339

 

Foreign-Derived Intangible Income Deduction

 

 

 

 

 

(4,966

)

 

 

(4,666

)

Foreign tax rate differential

 

 

(98,130

)

 

 

(57,302

)

 

 

(38,563

)

Other foreign taxes less incentives and credits

 

 

3,446

 

 

 

6,360

 

 

 

(12,841

)

Withholding Tax

 

 

17,026

 

 

 

32,162

 

 

 

33,306

 

Net Change in Uncertain Tax Positions

 

 

(21,391

)

 

 

(17,259

)

 

 

(13,728

)

Federal Research and Development Credit

 

 

(21,342

)

 

 

(19,338

)

 

 

(16,562

)

Share Based Compensation

 

 

(6,114

)

 

 

(6,169

)

 

 

(2,747

)

Switzerland Tax Reform

 

 

11,016

 

 

 

(117,989

)

 

 

 

Other, net

 

 

(1,739

)

 

 

4,093

 

 

 

6,747

 

Income tax expense (benefit)

 

$

111,086

 

 

$

34,736

 

 

$

129,167

 

 

The Company recorded income tax expense of $111,086 in the year ended December 26, 2020, which included a $14,308 income tax benefit recognized by the Company in the second quarter of 2020 due to the release of uncertain tax position reserves associated with a 2014 intercompany restructuring and was partially offset by income tax expense of $11,016 recognized by the Company in the fourth quarter of 2020 related to the revaluation of certain Switzerland tax assets related to the Switzerland tax reform transitional measures. The Company recorded income tax expense of $34,736 in the year ended December 28, 2019, which included an income tax benefit of $117,989 related to the revaluation and step-up of certain Switzerland tax assets as a result of the October 2019 enactment of Switzerland federal and Schaffhausen cantonal tax reform and related transitional measures.

 

The Company’s statutory federal and cantonal income tax rate in Switzerland, the Company's place of incorporation, is 14.03%. If the Company reconciled taxes at the Swiss holding company federal statutory tax rate to the reported income tax expense for 2020 as presented above, the amounts related to tax at the statutory rate would be approximately $77,000 lower, or $155,000, and the foreign tax rate differential would be adjusted by a similar amount to approximately $20,000. The Company’s statutory federal income tax rate in Switzerland prior to 2020 was 7.83%. For 2019, the amounts related to tax at the statutory rate would be approximately $130,000 lower, or $77,000, and the foreign tax rate differential would be adjusted by a similar amount to approximately $73,000. For 2018, the amount related to tax at the statutory rate would be approximately $108,000 lower, or $65,000, and the foreign tax differential would be reduced by a similar amount to approximately $65,000. All other amounts would remain substantially unchanged.

 

The Company’s income before income taxes attributable to non-U.S. operations was $1,059,074, $606,711, and $532,657, for the years ended December 26, 2020, December 28, 2019, and December 29, 2018, respectively.

 

Income taxes of $47,236, $35,982, and $36,800 at December 26, 2020, December 28, 2019, and December 29, 2018, respectively, have not been accrued by the Company for the unremitted earnings of several of its foreign subsidiaries because such earnings are intended to be reinvested in the subsidiaries indefinitely.  

 

 

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. Significant components of the Company’s deferred tax assets and liabilities are as follows:

 

 

 

December 26, 2020

 

 

December 28, 2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Product warranty accruals

 

$

10,500

 

 

$

2,652

 

Allowance for doubtful accounts

 

 

4,874

 

 

 

3,981

 

Inventory reserves

 

 

7,211

 

 

 

7,187

 

Sales program allowances

 

 

1,289

 

 

 

1,185

 

Reserve for sales returns

 

 

2,196

 

 

 

1,732

 

Accrued vacation

 

 

11,438

 

 

 

9,079

 

Other accruals

 

 

10,587

 

 

 

4,320

 

Share based compensation

 

 

10,201

 

 

 

7,501

 

Tax credit carryforwards

 

 

18,523

 

 

 

11,164

 

Intangible assets

 

 

212,695

 

 

 

250,313

 

Net operating losses

 

 

5,566

 

 

 

1,981

 

Benefit related to uncertain tax positions

 

 

5,239

 

 

 

6,095

 

Operating leases

 

 

15,578

 

 

 

12,711

 

Deferred revenue

 

 

26,199

 

 

 

 

Other

 

 

1,883

 

 

 

1,755

 

Valuation allowance related to loss carryforward and tax credits

 

 

(10,853

)

 

 

(4,562

)

 

 

$

333,126

 

 

$

317,094

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Fixed assets

 

 

37,359

 

 

 

33,754

 

Operating leases

 

 

15,343

 

 

 

12,473

 

Prepaid and perpetual license assets

 

 

22,166

 

 

 

 

Other prepaid expenses

 

 

2,564

 

 

 

1,849

 

Capitalized preproduction design and development costs

 

 

8,408

 

 

 

 

Book basis in excess of tax basis for acquired entities

 

 

33,154

 

 

 

22,488

 

Withholding tax

 

 

83,329

 

 

 

91,966

 

Deferred revenue

 

 

 

 

 

800

 

Other

 

 

2,192

 

 

 

 

 

 

$

204,515

 

 

$

163,330

 

Net deferred tax assets

 

$

128,611

 

 

$

153,764

 

 

 

 

At December 26, 2020, the Company had $18,523 of tax credit carryover compared to $11,164 at December 28, 2019. At December 26, 2020, the Company had a deferred tax asset of $5,566 related to the future tax benefit of net operating loss (NOL) carryforwards of $29,025. Included in the NOL carryforwards is $16,980 that relates to Switzerland and expires in 2027, $4,990 that relates to Luxembourg and expires in 2037, $409 that relates to Finland and expires in varying amounts between 2025 and 2028, $607 that relates to the Netherlands and expires in 2026, $249 that relates to Thailand and expires in 2025, $54 that relates to Vietnam and expires in 2025, and $5,736 that relates to various other jurisdictions and has no expiration date. The Company has recorded a valuation allowance for a portion of its deferred tax asset relating to various tax attributes that it does not believe are more likely than not to be realized. In the future, if the Company determines, based on existence of sufficient evidence, that it should realize more or less of its deferred tax assets, an adjustment to the valuation allowance will be made in the period such a determination is made.

 

The total amount of gross unrecognized tax benefits, as of December 26, 2020 was $84,985. A reconciliation of the beginning and ending amount of gross unrecognized tax benefits for years ended December 26, 2020, December 28, 2019, and December 29, 2018 is as follows:

 

 

 

December 26, 2020

 

 

December 28, 2019

 

 

December 29, 2018

 

Balance beginning of year

 

$

101,251

 

 

$

118,287

 

 

$

130,798

 

Additions based on tax positions related to prior years

 

 

10,480

 

 

 

398

 

 

 

1,138

 

Reductions based on tax positions related to prior years

 

 

(4,169

)

 

 

(6,556

)

 

 

(5,340

)

Additions based on tax positions related to current period

 

 

16,859

 

 

 

13,806

 

 

 

19,368

 

Reductions related to settlements with tax authorities

 

 

(935

)

 

 

(218

)

 

 

(527

)

Expiration of statute of limitations

 

 

(38,501

)

 

 

(24,466

)

 

 

(27,150

)

Balance at end of year

 

$

84,985

 

 

$

101,251

 

 

$

118,287

 

 

Accounting guidance requires unrecognized tax benefits to be classified as noncurrent liabilities, except for the portion that is expected to be paid within one year of the balance sheet date. The balance of net unrecognized benefits of $81,938, $92,056, and $114,682 are required to be classified as noncurrent at December 26, 2020, December 28, 2019, and December 29, 2018, respectively. The net unrecognized tax benefits, if recognized, would reduce the effective tax rate. None of the unrecognized tax benefits are due to uncertainty in the timing of deductibility.

 

Interest and penalties, if any, accrued on the unrecognized tax benefits are reflected in income tax expense. At December 26, 2020, December 28, 2019, and December 29, 2018, the Company had accrued approximately $5,666, $7,636, and $6,613, respectively, for interest. The interest component of the reserve decreased income tax expense for the year ending December 26, 2020 by $1,970, and increased income tax expense for the years ending December 28, 2019, and December 29, 2018, by $1,023, and $1,008, respectively. The Company did not have significant amounts accrued for penalties for the years ending December 26, 2020, December 28, 2019, and December 29, 2018.

 

The Company files income tax returns in Switzerland, U.S. federal jurisdiction, as well as various states, local, and foreign jurisdictions. In its major tax jurisdictions, Switzerland, Taiwan, United Kingdom, and U.S. federal and various states, the Company is no longer subject to income tax examinations by tax authorities, with few exceptions, for years prior to 2016, 2015, 2016, and 2017, respectively.

 

The Company recognized a reduction of income tax expense of $42,185, $26,158, and $27,106 in fiscal years ended December 26, 2020, December 28, 2019, and December 29, 2018, respectively, to reflect the expiration of statutes of limitations and releases due to audit settlement in various jurisdictions.

 

The Company believes that it is reasonably possible that approximately $5,000 to $25,000 of its reserves for certain unrecognized tax benefits will decrease within the next 12 months as the result of the expiration of statutes of limitations. This potential decrease in unrecognized tax benefits would impact the Company’s effective tax rate within the next 12 months.