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Note 17 - Income Taxes
12 Months Ended
Jan. 31, 2017
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
17
- Income Taxes
 
Income before income taxes is earned in the following tax jurisdictions:
 
Year Ended
   
January 31,
2017
     
January 31,
2016
     
January 31,
2015
 
                         
Canada    
19,560
     
13,933
     
14,489
 
United States    
2,670
     
4,773
     
6,300
 
Other countries    
9,270
     
9,064
     
1,032
 
     
31,500
     
27,770
     
21,821
 
 
Income tax expense is incurred in the following jurisdictions:
 
Year Ended
   
January 31,
2017
     
January 31,
2016
     
January 31,
2015
 
Current income tax expense                        
Canada    
447
     
94
     
568
 
United States    
873
     
70
     
1,060
 
Other countries    
2,702
     
1,279
     
1,156
 
     
4,022
     
1,443
     
2,784
 
Deferred income tax expense (recovery)                        
Canada    
4,251
     
3,493
     
3,741
 
United States    
1,272
     
800
     
2,144
 
Other countries    
(1,883
)    
1,472
     
(1,907
)
     
3,640
     
5,765
     
3,978
 
     
7,662
     
7,208
     
6,762
 
 
Income tax expense for
2017,
2016
and
2015
was
24%,
26%
and
31%
of income before income taxes, respectively, with current income tax expense being
13%,
5%
and
13%
of income before income taxes, respectively.
 
Current tax expense increased in
2017
compared to
2016
primarily due to a
$1.7
million increase in expenses not deductible for tax purposes, an increase of
$0.7
million attributable to changes in the estimate of our uncertain tax positions partially offset by an increase of
$0.5
million in adjustments in respect to income tax of previous periods. Current tax expense decreased in
2016
compared to
2015
primarily due to a decrease in taxable income in the US as a result of tax benefits related to stock option exercises.
 
Deferred income tax expense decreased in
2017
compared to
2016
primarily due to changes in estimates of valuation allowances partially offset by the effect of tax rate reductions against certain deferred tax assets in EMEA. Deferred income tax expense increased in
2016
compared to
2015
primarily due to additional valuation allowance in EMEA and a tax rate reduction in certain jurisdictions.
 
The components of the deferred income tax assets and liabilities are as follows:
 
     
January 31,
2017
     
January 31,
2016
 
Assets                
Accruals not currently deductible    
11,975
     
8,653
 
Accumulated net operating losses    
17,571
     
19,859
 
Corporate minimum taxes    
1,767
     
1,589
 
Research and development and other tax credits and expenses    
3,424
     
2,885
 
Other timing differences    
683
     
924
 
Total deferred income tax assets    
35,420
     
33,910
 
Liabilities                
Difference between tax and accounting basis of intangible assets    
(23,393
)    
(9,584
)
Difference between tax and accounting basis of property and equipment    
(2,655
)    
700
 
Uncertain tax positions incurred in loss years    
(205
)    
(356
)
Total deferred income tax liabilities    
(26,253
)    
(9,240
)
Net deferred income taxes    
9,167
     
24,670
 
Valuation allowance    
(12,115
)    
(13,963
)
Net deferred income taxes, net of valuation allowance    
(2,948
)    
10,707
 
 
As at
January
31,
2017,
we have not accrued for foreign withholding taxes and Canadian income taxes applicable to approximately
$188.6
million of unremitted earnings of subsidiaries operating outside of Canada. These earnings, which we consider to be invested indefinitely, will become subject to these taxes if and when they are remitted as dividends or if we sell our stock in the subsidiaries. If we decide to repatriate the foreign earnings, we would need to adjust our income tax provision in the period we determined that the earnings will no longer be indefinitely invested outside Canada.
 
The provision (recovery) for income taxes varies from the expected provision at the statutory rates for the reasons detailed in the table below:
 
Year Ended
   
January 31,
2017
     
January 31,
2016
     
January 31,
2015
 
Net income before taxes    
31,500
     
27,770
     
21,821
 
                         
Combined basic Canadian statutory rates    
26.5
%    
26.5
%    
26.5
%
                         
Income tax expense based on the above rates    
8,347
     
7,359
     
5,783
 
Increase (decrease) in income taxes resulting from:                        
Permanent differences including amortization of intangible assets    
(882
)    
(2,593
)    
800
 
Effect of differences between Canadian and foreign tax rates    
213
     
169
     
1,007
 
Effect of rate changes on current year timing differences    
495
     
1,150
     
-
 
Adjustments relating to previous periods    
(431
)    
36
     
9
 
Increase (decrease) in tax reserves    
492
     
(172
)    
(41
)
Valuation allowance    
(1,580
)    
(41
)    
(1,195
)
Stock compensation    
351
     
345
     
86
 
Deferred tax charges    
400
     
270
     
-
 
Other, including foreign exchange    
257
     
685
     
313
 
Income tax expense    
7,662
     
7,208
     
6,762
 
 
We have income tax loss carryforwards which expire as follows:
 
Expiry year    
United States
     
EMEA
     
Asia Pacific
     
Total
 
2018    
-
     
283
     
-
     
283
 
2019    
1,766
     
-
     
-
     
1,766
 
2020    
-
     
-
     
671
     
671
 
2021    
-
     
-
     
83
     
83
 
2022    
-
     
-
     
-
     
-
 
Thereafter    
11,945
     
54,762
     
6,795
     
73,502
 
     
13,711
     
55,045
     
7,549
     
76,305
 
 
The following is a tabular reconciliation of the total estimated liability associated with uncertain tax positions taken:
 
     
January 31,
2017
     
January 31,
2016
     
January 31,
2015
 
Liability, beginning of year    
5,768
     
5,721
     
6,211
 
Gross increases – current period    
1,939
     
1,967
     
825
 
Lapsing due to statutes of limitations    
(1,319
)    
(1,920
)    
(1,315
)
Liability, end of year    
6,388
     
5,768
     
5,721
 
 
We have identified accruals of
$6.4
million with respect to uncertain tax positions as at
January
31,
2017.
It is possible that these uncertain tax positions will not be realized in which case up to
$6.0
million of the recorded liability will decrease the effective tax rate in future years if this liability is reversed. We believe that it is reasonably possible that
$0.3
million of the uncertain tax positions could decrease tax expense in the next
12
months relating primarily to tax years becoming statute barred for purposes of future tax examinations by local taxing jurisdictions.
 
We recognize accrued interest and penalties related to uncertain tax positions as a current tax expense. As at
January
31,
2017
and
January
31,
2016,
the unrecognized tax positions have resulted in no material liability for estimated interest and penalties.
 
Descartes and our subsidiaries file their tax returns as prescribed by the tax laws of the jurisdictions within which they operate. We are no longer subject to income tax examinations by tax authorities in our major tax jurisdictions as follows:
 
 
Years No Longer Subject to Audit
Tax Jurisdiction
 
United States Federal
2013 and prior
Canada
2013 and prior
United Kingdom
2013 and prior
Sweden
2012 and prior
Norway
2016 and prior
Netherlands
2014 and prior
Belgium
2013 and prior