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Income Taxes
12 Months Ended
Dec. 25, 2018
Income Taxes  
Income Taxes

(9) Income Taxes

Components of our income tax provision for the years ended December 25, 2018, December 26, 2017 and December 27, 2016 are as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

Fiscal Year Ended

 

 

    

December 25, 2018

    

December 26, 2017

    

December 27, 2016

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

2,934

 

$

43,108

 

$

36,201

 

State

 

 

8,794

 

 

10,233

 

 

8,786

 

Foreign

 

 

210

 

 

309

 

 

202

 

Total current

 

 

11,938

 

 

53,650

 

 

45,189

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

11,909

 

 

(4,830)

 

 

5,364

 

State

 

 

410

 

 

(239)

 

 

630

 

Total deferred

 

 

12,319

 

 

(5,069)

 

 

5,994

 

Income tax provision

 

$

24,257

 

$

48,581

 

$

51,183

 

 

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 25, 2018, December 26, 2017 and December 27, 2016 is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

Fiscal Year Ended

 

 

 

 

December 25, 2018

 

December 26, 2017

 

December 27, 2016

 

Tax at statutory federal rate

 

 

21.0

%  

35.0

%  

35.0

%

State and local tax, net of federal benefit

 

 

3.6

 

3.3

 

3.4

 

FICA tip tax credit

 

 

(9.6)

 

(7.0)

 

(6.8)

 

Work opportunity tax credit

 

 

(1.5)

 

(0.9)

 

(0.8)

 

Stock compensation

 

 

(1.4)

 

(1.8)

 

(0.1)

 

Net income attributable to noncontrolling interests

 

 

(0.8)

 

(1.1)

 

(0.9)

 

Officers compensation

 

 

1.7

 

0.1

 

0.1

 

Tax reform

 

 

 

(1.7)

 

 

Other

 

 

(0.1)

 

0.2

 

(0.1)

 

Total

 

 

12.9

%  

26.1

%  

29.8

%

 

Our effective tax rate decreased to 12.9% in 2018 compared to 26.1% in 2017 primarily due to new tax legislation enacted in late 2017.  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. 

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  ("ASU 2016-09") 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.  Also during 2017, as a result of the new tax legislation, we recognized $3.1 million, or $0.04 per share, as an income tax benefit 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 liabilities, net are as follows:

 

 

 

 

 

 

 

 

 

    

December 25, 2018

    

December 26, 2017

 

Deferred tax assets:

 

 

 

 

 

 

 

Deferred revenue—gift cards

 

$

12,851

 

$

10,355

 

Insurance reserves

 

 

3,949

 

 

3,638

 

Other reserves

 

 

890

 

 

621

 

Share-based compensation

 

 

4,623

 

 

6,022

 

Deferred rent

 

 

12,179

 

 

10,338

 

Deferred compensation

 

 

8,483

 

 

6,737

 

Other assets

 

 

2,212

 

 

1,866

 

Total deferred tax asset

 

 

45,187

 

 

39,577

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Property and equipment

 

 

(50,513)

 

 

(35,430)

 

Goodwill and intangibles

 

 

(5,398)

 

 

(4,697)

 

Other liabilities

 

 

(6,544)

 

 

(4,751)

 

Total deferred tax liability

 

 

(62,455)

 

 

(44,878)

 

Net deferred tax liability

 

$

(17,268)

 

$

(5,301)

 

 

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 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 settlements

 

 

(128)

 

Balance at December 26, 2017

 

 

806

 

Additions to tax positions related to prior years

 

 

36

 

Additions to tax positions related to current year

 

 

754

 

Reductions due to statute expiration

 

 

(114)

 

Reductions due to exam settlement

 

 

 

Balance at December 25, 2018

 

$

1,482

 

 

As of December 25, 2018 and December 26, 2017, 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 25, 2018 possess a December tax year-end. As a result, as of December 25, 2018, the tax years ended December 29, 2015, December 27, 2016 and December 26, 2017 remain subject to examination by all tax jurisdictions. As of December 25, 2018, 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 25, 2018, no event occurred that is likely to result in a significant increase or decrease in the unrecognized tax benefits through December 31, 2019.