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Income Taxes
12 Months Ended
Dec. 26, 2017
Income Taxes  
Income Taxes

(8) Income Taxes

Components of our income tax provision for the years ended December 26, 2017, December 27, 2016 and December 29, 2015 are as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

Fiscal Year Ended

 

 

    

December 26, 2017

    

December 27, 2016

    

December 29, 2015

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

43,108

 

$

36,201

 

$

33,403

 

State

 

 

10,233

 

 

8,786

 

 

8,821

 

Foreign

 

 

309

 

 

202

 

 

351

 

Total current

 

 

53,650

 

 

45,189

 

 

42,575

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(4,830)

 

 

5,364

 

 

274

 

State

 

 

(239)

 

 

630

 

 

137

 

Total deferred

 

 

(5,069)

 

 

5,994

 

 

411

 

Income tax provision

 

$

48,581

 

$

51,183

 

$

42,986

 

 

Our pre-tax income is substantially derived from domestic restaurants.

A reconciliation of the statutory federal income tax rate to our effective tax rate for December 26, 2017, December 27, 2016 and December 29, 2015 is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

December 26, 2017

   

December 27, 2016

   

December 29, 2015

 

 

 

 

 

 

 

 

 

 

Tax at statutory federal rate

 

 

35.0

%  

35.0

%  

35.0

%

State and local tax, net of federal benefit

 

 

3.3

 

3.4

 

3.5

 

FICA tip tax credit

 

 

(7.0)

 

(6.8)

 

(7.2)

 

Work opportunity tax credit

 

 

(0.9)

 

(0.8)

 

(0.9)

 

Stock compensation

 

 

(1.8)

 

(0.1)

 

(0.2)

 

Net income attributable to noncontrolling interests

 

 

(1.1)

 

(0.9)

 

(1.0)

 

Tax reform

 

 

(1.7)

 

 

 

Other

 

 

0.3

 

 

0.6

 

Total

 

 

26.1

%  

29.8

%  

29.8

%

 

Our effective tax rate decreased to 26.1% in 2017 compared to 29.8% in 2016 primarily due to the adoption of Accounting Standards Update 2016-09, Compensation – Stock Compensation and new tax legislation that was enacted in late 2017.    As a result of the new guidance requirements, excess tax benefits and tax deficiencies from share-based compensation are recognized within the income tax provision.  During 2017, we recognized $3.4 million, or $0.05 per share, as an income tax benefit related to the new guidance requirements.    As a result of the new tax legislation, significant tax changes were enacted including a reduction of the federal corporate tax rate from 35.0% to 21.0% and changes in the federal taxes paid on foreign sourced earnings.  These changes are generally effective beginning with our fiscal year 2018.  During 2017, we recognized $3.1 million, or $0.04 per share, as an income tax benefit related to the new tax legislation which includes an income tax benefit of approximately $3.8 million to revalue our deferred tax balances as of the enactment date and an income tax expense of approximately $0.7 million related to our foreign operations.   

During the first quarter of 2017, we adopted ASU 2015-17, Balance Sheet Classification of Deferred Taxes, which required deferred tax assets and liabilities to be classified as noncurrent on our consolidated balance sheets.  We adopted ASU 2015-17 on a prospective basis.

 

Components of deferred tax assets (liabilities) are as follows:

 

 

 

 

 

 

 

 

 

    

December 26, 2017

    

December 27, 2016

 

Deferred tax assets:

 

 

 

 

 

 

 

Deferred revenue—gift cards

 

$

10,355

 

$

10,887

 

Insurance reserves

 

 

3,638

 

 

5,049

 

Other reserves

 

 

621

 

 

587

 

Share-based compensation

 

 

6,022

 

 

8,642

 

Deferred rent

 

 

10,338

 

 

13,400

 

Deferred compensation

 

 

6,737

 

 

8,422

 

Other assets

 

 

1,866

 

 

3,261

 

Total deferred tax asset

 

 

39,577

 

 

50,248

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Property and equipment

 

 

(35,430)

 

 

(48,390)

 

Goodwill and intangibles

 

 

(4,697)

 

 

(5,978)

 

Other liabilities

 

 

(4,751)

 

 

(6,152)

 

Total deferred tax liability

 

 

(44,878)

 

 

(60,520)

 

Net deferred tax liability

 

$

(5,301)

 

$

(10,272)

 

Current deferred tax asset

 

$

 

$

1,996

 

Noncurrent deferred tax liability

 

 

(5,301)

 

 

(12,268)

 

Net deferred tax liability

 

$

(5,301)

 

$

(10,272)

 

 

We have not provided any valuation allowance as we believe the realization of our deferred tax assets is more likely than not.

A reconciliation of the beginning and ending liability for unrecognized tax benefits, all of which would impact the effective tax rate if recognized, is as follows:

 

 

 

 

 

Balance at December 29, 2015

 

$

405

 

Additions to tax positions related to prior years

 

 

23

 

Additions to tax positions related to current year

 

 

274

 

Reductions due to statute expiration

 

 

(4)

 

Reductions due to exam settlements

 

 

(187)

 

Balance at December 27, 2016

 

 

511

 

Additions to tax positions related to prior years

 

 

36

 

Additions to tax positions related to current year

 

 

389

 

Reductions due to statute expiration

 

 

(2)

 

Reductions due to exam settlement

 

 

(128)

 

Balance at December 26, 2017

 

$

806

 

 

As of December 26, 2017 and December 27, 2016, the total amount of accrued penalties and interest related to uncertain tax provisions was not material.

All entities for which unrecognized tax benefits exist as of December 26, 2017 possess a December tax year-end. As a result, as of December 26, 2017, the tax years ended December 30, 2014, December 29, 2015 and December 27, 2016 remain subject to examination by all tax jurisdictions. As of December 26, 2017, no audits were in process by a tax jurisdiction that, if completed during the next twelve months, would be expected to result in a material change to our unrecognized tax benefits. Additionally, as of December 26, 2017, no event occurred that is likely to result in a significant increase or decrease in the unrecognized tax benefits through December 25, 2018.