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Income Taxes
12 Months Ended
Feb. 01, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

15. Income Taxes

Income before income taxes was as follows for Fiscal 2019, Fiscal 2018 and Fiscal 2017:

 

 

 

(in thousands)

 

 

 

Year Ended

 

 

 

February 1,

2020

 

 

February 2,

2019

 

 

February 3,

2018

(53 Weeks)

 

Domestic

 

$

573,399

 

 

$

503,290

 

 

$

429,939

 

Foreign

 

 

7,126

 

 

 

4,294

 

 

 

(959

)

Total income before income taxes

 

$

580,525

 

 

$

507,584

 

 

$

428,980

 

 

Income tax expense was as follows for Fiscal 2019, Fiscal 2018 and Fiscal 2017:

 

 

 

(in thousands)

 

 

 

Year Ended

 

 

 

February 1,

2020

 

 

February 2,

2019

 

 

February 3,

2018

(53 Weeks)

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

83,521

 

 

$

69,007

 

 

$

65,824

 

State

 

 

20,778

 

 

 

19,642

 

 

 

8,824

 

Foreign

 

 

2,040

 

 

 

1,671

 

 

 

207

 

Subtotal

 

 

106,339

 

 

 

90,320

 

 

 

74,855

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

8,375

 

 

 

8,337

 

 

 

(40,839

)

State

 

 

1,012

 

 

 

(8,409

)

 

 

9,091

 

Foreign

 

 

(317

)

 

 

2,591

 

 

 

1,021

 

Subtotal

 

 

9,070

 

 

 

2,519

 

 

 

(30,727

)

Total Income Tax Expense

 

$

115,409

 

 

$

92,839

 

 

$

44,128

 

 

The tax rate reconciliations were as follows for Fiscal 2019, Fiscal 2018 and Fiscal 2017:

 

 

 

Fiscal Year Ended

 

 

 

February 1,

2020

 

 

February 2,

2019

 

 

February 3,

2018

(53 Weeks)

 

Tax at statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

33.7

%

State income taxes, net of federal

 

 

4.0

 

 

 

4.2

 

 

 

3.0

 

Excess tax benefit from stock compensation

 

 

(5.3

)

 

 

(5.2

)

 

 

(4.4

)

Tax credits

 

 

(1.0

)

 

 

(1.2

)

 

 

(1.4

)

Impact of federal tax reform

 

 

 

 

 

 

 

 

(21.1

)

Other

 

 

1.2

 

 

 

(0.5

)

 

 

0.5

 

Effective tax rate

 

 

19.9

%

 

 

18.3

%

 

 

10.3

%

 

The increase in the effective tax rate was primarily related to the one-time tax benefit in the prior year from the deferred tax revaluation due to changes in New Jersey tax law, enacted during the second quarter of Fiscal 2018.

The tax effects of temporary differences are included in deferred tax accounts as follows:

 

 

 

(in thousands)

 

 

 

February 1, 2020

 

 

February 2, 2019

 

 

 

Tax

Assets

 

 

Tax

Liabilities

 

 

Tax

Assets

 

 

Tax

Liabilities

 

Non-current deferred tax assets and liabilities:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property and equipment basis adjustments

 

$

 

 

$

171,949

 

 

$

 

 

$

149,705

 

Operating lease liability

 

 

682,104

 

 

 

 

 

 

 

 

 

 

Operating lease asset

 

 

 

 

 

645,240

 

 

 

 

 

 

 

Deferred rent

 

 

 

 

 

 

 

 

19,496

 

 

 

 

Intangibles—long-lived

 

 

 

 

 

 

 

 

 

 

 

40,918

 

Intangibles—indefinite-lived

 

 

 

 

 

64,842

 

 

 

 

 

 

65,197

 

Employee benefit compensation

 

 

14,933

 

 

 

 

 

 

15,186

 

 

 

 

State net operating losses (net of federal benefit)

 

 

9,346

 

 

 

 

 

 

12,290

 

 

 

 

Landlord allowances

 

 

 

 

 

 

 

 

35,907

 

 

 

 

Tax credits

 

 

8,154

 

 

 

 

 

 

6,140

 

 

 

 

Other

 

 

 

 

 

274

 

 

 

2,651

 

 

 

 

Valuation allowance

 

 

(9,842

)

 

 

 

 

 

(10,268

)

 

 

 

Total non-current deferred tax assets and liabilities

 

$

704,695

 

 

$

882,305

 

 

$

81,402

 

 

$

255,820

 

Net deferred tax liability

 

 

 

 

 

$

177,610

 

 

 

 

 

 

$

174,418

 

 

As of February 1, 2020, the Company has a deferred tax asset related to net operating losses of $9.3 million, inclusive of $9.0 million of state net operating losses which will expire at various dates between 2020 and 2039 and $0.3 million of deferred tax assets recorded for Puerto Rico net operating loss carry-forwards that will expire in 2025. As of February 1, 2020, the Company had tax credit carry-forwards of $8.2 million, inclusive of state tax credit carry-forwards of $6.8 million that will begin to expire in 2020 and $1.4 million of Puerto Rico alternative minimum tax (AMT) credits that have an indefinite life.

As of February 2, 2019, the Company had a deferred tax asset related to net operating losses of $12.3 million, inclusive of $10.4 million of state net operating losses, and $1.9 million of deferred tax assets recorded for Puerto Rico net operating loss carry-forwards. As of February 2, 2019, the Company had tax credit carry-forwards of $6.1 million, inclusive of state tax credit carry-forwards of $4.5 million, and $1.6 million of Puerto Rico AMT credits.

We believe that it is more likely than not that the benefit from certain state net operating loss carry forwards and credits will not be realized. In recognition of this risk, we have provided a valuation allowance of $5.6 million on state net operating losses and $3.9 million on state tax credit carry forwards. In addition, the Company believes that it is more likely than not that the benefit from Puerto Rico net operating loss carry-forwards will not be realized. As a result, we have provided for a full valuation allowance of $0.3 million. If our assumptions change and we determine we will be able to realize these net operating losses or credits, the tax benefits relating to any reversal of the valuation allowance on deferred tax assets as of February 1, 2020 will be recorded to the Company’s Consolidated Statement of Income. As of February 2, 2019, we provided a total valuation allowance of $10.3 million, inclusive of $5.9 of valuation allowance related to state net operating losses, $2.5 million related to tax credit carry-forwards and $1.9 million related to Puerto Rico.

A reconciliation of the beginning and ending amount of gross unrecognized tax benefits (exclusive of interest and penalties) is as follows:

 

 

 

(in thousands)

 

 

 

Gross

Unrecognized

Tax Benefits,

Exclusive of

Interest and

Penalties

 

Balance at January 28, 2017

 

$

9,193

 

Additions for tax positions of the current year

 

 

72

 

Additions for tax positions of prior years

 

 

882

 

Reduction for tax positions of prior years

 

 

(973

)

Settlements

 

 

 

Lapse of statute of limitations

 

 

(101

)

Balance at February 3, 2018

 

$

9,073

 

Additions for tax positions of the current year

 

 

18

 

Additions for tax positions of prior years

 

 

698

 

Reduction for tax positions of prior years

 

 

(782

)

Settlements

 

 

 

Lapse of statute of limitations

 

 

(80

)

Balance at February 2, 2019

 

$

8,927

 

Additions for tax positions of the current year

 

 

 

Additions for tax positions of prior years

 

 

 

Reduction for tax positions of prior years

 

 

(783

)

Settlements

 

 

 

Lapse of statute of limitations

 

 

(67

)

Balance at February 1, 2020

 

$

8,077

 

 

As of February 1, 2020, the Company reported total unrecognized benefits of $8.1 million, of which $6.4 million would affect the Company’s effective tax rate if recognized. As a result of previous positions taken and current period activity, the Company recorded a net benefit of $0.2 million of interest and penalties during Fiscal 2019 in the line item “Income tax expense” in the Company’s Consolidated Statements of Income. Cumulative interest and penalties of $12.0 million are recorded in the line item “Other liabilities” in the Company’s Consolidated Balance Sheets as of February 1, 2020. The Company recognizes interest and penalties related to unrecognized tax benefits as part of income taxes. Within the next twelve months, the Company does not expect any significant changes in its unrecognized tax benefits.

As of February 2, 2019, the Company reported total unrecognized benefits of $8.9 million, of which $7.1 million would affect the Company’s effective tax rate if recognized. As a result of previous positions taken, the Company recorded an increase of $0.2 million of interest and penalties during Fiscal 2018 in the line item “Income tax expense” in the Company’s Consolidated Statements of Income. Cumulative interest and penalties of $12.3 million are recorded in the line item “Other liabilities” in the Company’s Consolidated Balance Sheets as of February 2, 2019.

The Company files tax returns in the U.S. federal jurisdiction, Puerto Rico, and various state jurisdictions. The Company is open to examination by the IRS under the applicable statutes of limitations for Fiscal Years 2016 through 2019. The Company or its subsidiaries’ state and Puerto Rico income tax returns are open to audit for Fiscal Years 2014 through 2019, with a few exceptions, under the applicable statutes of limitations. There are ongoing state audits in several jurisdictions, and the Company has accrued for possible exposures as required under Topic No. 740. The Company does not expect the settlement of these audits to have a material impact to its financial results.