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Income Taxes | 12 Months Ended
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Dec. 30, 2017
Income Tax Disclosure [Abstract] |
Income Taxes | Note 12 – Income Taxes Income before taxes and equity in earnings of affiliates was as follows:
|  | Years ended
|  | December 30, |  | December 31, |  | December 26,
|  | 2017 |  | 2016 |  | 2015
Domestic | $ | 649,657 |  | $ | 625,792 |  | $ | 591,320
Foreign |  | 173,191 |  |  | 130,043 |  |  | 129,438
| Total | $ | 822,848 |  | $ | 755,835 |  | $ | 720,758
The provisions for income taxes were as follows:
|  |  |  |  | Years ended
|  |  |  |  | December 30, |  | December 31, |  | December 26,
|  |  |  |  | 2017 |  | 2016 |  | 2015
Current income tax expense: |  |  |  |  |  |  |  |  |
| U.S. Federal |  | $ | 283,417 |  | $ | 185,438 |  | $ | 162,948
| State and local |  |  | 28,520 |  |  | 28,229 |  |  | 29,580
| Foreign |  |  | 50,084 |  |  | 41,357 |  |  | 25,104
|  | Total current |  |  | 362,021 |  |  | 255,024 |  |  | 217,632
Deferred income tax expense (benefit): |  |  |  |  |  |  |  |  |
| U.S. Federal |  |  | 13,686 |  |  | (18,090) |  |  | (3,381)
| State and local |  |  | 856 |  |  | (4,809) |  |  | 992
| Foreign |  |  | (14,057) |  |  | (14,167) |  |  | (3,852)
|  | Total deferred |  |  | 485 |  |  | (37,066) |  |  | (6,241)
|  |  | Total provision |  | $ | 362,506 |  | $ | 217,958 |  | $ | 211,391
The tax effects of temporary differences that give rise to our deferred income tax asset (liability) were as follows:
|  |  |  | Years Ended
|  |  |  | December 30, |  | December 31,
|  |  |  | 2017 |  | 2016
Non-current deferred income tax asset (liability): |  |  |  |  |  |
| Inventory, premium coupon redemptions and accounts receivable |  |  |  |  |  |
|  | valuation allowances |  |  | 23,715 |  |  | 29,422
| Uniform capitalization adjustments to inventories |  |  | 6,591 |  |  | 10,632
| Property and equipment |  |  | (13,777) |  |  | (15,882)
| Stock-based compensation |  |  | 22,525 |  |  | 41,677
| Intangibles amortization |  |  | (132,280) |  |  | (142,678)
| Other non-current asset (liability) |  |  | 36,269 |  |  | 23,836
| Net operating losses and other carryforwards |  |  | 48,711 |  |  | 44,493
|  | Total non-current deferred tax liability |  |  | (8,246) |  |  | (8,500)
|  | Valuation allowance for non-current deferred tax assets (1) |  |  | (31,223) |  |  | (26,403)
Net deferred income tax liability (2) |  | $ | (39,469) |  | $ | (34,903)
(1) | Primarily relates to operating losses of acquired subsidiaries, the benefits of which are uncertain. Any future reductions
| of such valuation allowances will be reflected as a reduction of income tax expense in accordance with the provisions of
| ASC Topic 805, “Business Combinations.”
(2) | Certain deferred tax amounts do not have a right of offset and are therefore reflected on a gross basis in
| non-current assets and liabilities in our consolidated balance sheets.
The assessment of the amount of value assigned to our deferred tax assets under the applicable accounting rules is judgmental. We are required to consider all available positive and negative evidence in evaluating the likelihood that we will be able to realize the benefit of our deferred tax assets in the future. Such evidence includes scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies and the results of recent operations. Since this evaluation requires consideration of events that may occur some years into the future, there is an element of judgment involved. Realization of our deferred tax assets is dependent on generating sufficient taxable income in future periods. We believe that it is more likely than not that future taxable income will be sufficient to allow us to recover substantially all of the value assigned to our deferred tax assets. However, if future events cause us to conclude that it is not more likely than not that we will be able to recover all of the value assigned to our deferred tax assets, we will be required to adjust our valuation allowance accordingly. As of December 30, 2017, we had foreign net operating loss carryforwards of $9.1 million, which can be utilized against future foreign income through December 31, 2025. Additionally, as of December 30, 2017, there were foreign net operating loss carryforwards of $156.4 million that have an indefinite life. The tax provisions differ from the amount computed using the federal statutory income tax rate as follows:
|  |  | Years ended
|  |  | December 30, |  | December 31, |  | December 26,
|  |  | 2017 |  | 2016 |  | 2015
Income tax provision at federal statutory rate |  | $ | 287,996 |  | $ | 264,542 |  | $ | 252,265
State income tax provision, net of federal income tax effect |  |  | 12,457 |  |  | 11,236 |  |  | 14,627
Foreign income tax provision |  |  | (24,433) |  |  | (18,036) |  |  | (25,942)
Pass through noncontrolling interest |  |  | (11,623) |  |  | (13,083) |  |  | (12,463)
Valuation allowance |  |  | 1,008 |  |  | 1,472 |  |  | (5,006)
Unrecognized tax benefits and audit settlements |  |  | 3,899 |  |  | 3,066 |  |  | 13,867
Interest expense related to loans |  |  | (18,717) |  |  | (21,737) |  |  | (22,415)
Excess tax benefits related to stock compensation |  |  | (17,387) |  |  | - |  |  | -
Transition tax on deemed repatriation of foreign earnings |  |  | 140,000 |  |  | - |  |  | -
Revaluation of deferred tax assets and liabilities |  |  | 2,953 |  |  | - |  |  | -
Other |  |  | (13,647) |  |  | (9,502) |  |  | (3,542)
| Total income tax provision |  | $ | 362,506 |  | $ | 217,958 |  | $ | 211,391
For the year ended December 30, 2017, our effective tax rate was 44.1% compared to 28.8% for the prior year period. Our effective tax rate was primarily impacted by the Tax Cuts and Jobs Act (“the Tax Act”). Our effective tax rate was favorably impacted by the adoption of ASU 2016-09, Accounting for Stock Compensation, as well as savings from implementation of tax planning initiatives and higher income from lower tax jurisdictions. During the second quarter of 2016, the effective tax rate was affected by a federal tax audit settlement, which reduced our income tax expense by approximately $4.5 million which is included in the unrecognized tax benefits amount above. On December 22, 2017, the U.S. government passed the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act is comprehensive tax legislation that implements complex changes to the U.S. tax code including, but not limited to, the reduction of the corporate tax rate from 35% to 21%, modification of accelerated depreciation, the repeal of the domestic manufacturing deduction and changes to the limitations of the deductibility of interest. Additionally, the Tax Act moves from a global tax regime to a modified territorial regime, which requires U.S. companies to pay a mandatory one-time transition tax on historical offshore earnings that have not been repatriated to the U.S. The transition tax is payable over eight years. Due to the complexities of the Tax Act, On December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 (“SAB 118”) that allows the company to record a provisional amount for any income tax effects of the Tax Act in accordance with ASC 740, to the extent that a reasonable estimate can be made. SAB 118 allows for a measurement period of up to one year after the enactment date of the Tax Act to finalize the recording of the related tax impacts. We have recorded provisional amounts for any items that could be reasonably estimated at this time. This includes the one-time t ransition tax that we have estimated to be $140.0 million. Within our consolidated balance sheets, $27.4 million is included in “Accrued taxes” and $112.6 million is included in “Other liabilities”. The U.S. deferred tax assets and liabilities were revalued due to the lower enacted federal income tax rate, of 21%, that was effective January 1, 2018. The Company accrued a net deferred tax expense of $3.0 million attributable to the revaluation. In the aggregate, for the quarter ended December 30, 2017, these Tax Act modifications resulted in a one-time tax expense of approximately $143.0 million. Absent the effects of the transition tax and the revaluation of deferred tax assets and liabilities, our effective tax rate for the year ended December 30, 2017 would have been 26.7% as compared to our actual effective tax rate of 44.1%. The Tax Act also includes provisions to tax global intangible low-taxed income (“GILTI”) and a base erosion and anti-abuse tax (“BEAT”) that imposes tax on certain foreign related-party payments. The Company is subject to the GILTI and BEAT provisions which are effective January 1, 2018. The Company is in the process of assessing the effects of these provisions for 2018. The ultimate impacts of the Tax Act may differ from the estimate above, possibly materially, due to additio nal guidance from the U.S. Department of Treasury, updates or changes in the Company’s assumptions, revision of accounting standards for income taxes or related interpretations and future information that may become available. We currently anticipate finalizing and recording any resulting adjustments by the quarter ended September 29, 2018. If the information necessary to finalize and record the related tax impacts are available prior to the quarter ended September 29, 2018, we will book these impacts accordingly. During the third quarter of 2015, we received a favorable response to a tax petition, which allowed us to conclude that it was more likely than not that certain unrecognized tax benefits, which had been previously reserved, would be realized. As a result, our provision for income taxes in 2015 included a $6.3 million income tax benefit, which is included in the unrecognized tax benefits amount above. Absent the effects of this income tax benefit in the third quarter of 2015, our effective tax rat e for the year ended December 26, 2015 would have been 30.2% as compared to our actual effective tax rate of 28.8%. The remaining difference between our effective tax rate and the federal statutory tax rate for the period primarily relates to state and foreign income taxes and interest expense. Provision has not been made for foreign taxes on undistributed earnings of foreign subsidiaries, because we are permanently reinvested. As of December 30, 2017, the cumulative amount of reinvested earnings was approximately $1.4 billion. It is not practicable to determine the unrecognized deferred income tax liability related to investments in our foreign subsidiaries. ASC Topic 740 prescribes the accounting for uncertainty in income taxes recognized in the financial statements in accordance with other provisions contained within this guidance. This topic prescribes a recognition threshold and a measurement attribute for the financial statement recognition and measurement of tax positions taken or expected to be taken in a tax return. For those benefits to be recognized, a tax position must be more likely than not to be sustained upon examination by the taxing authorities. The amount recognized is measured as the largest amount of benefit that is greater than 50% likely of being realized upon ultimate audit settlement. In the normal course of business, our tax returns are subject to examination by various taxing authorities. Such examinations may result in future tax and interest assessments by these taxing authorities for uncertain tax positions taken in respect to certain tax matters. The total amount of unrecognized tax benefits, which are included in “Other liabilities” within our consolidated balance sheets as of December 30, 2017 was approximately $105.2 million, of which $79.2 million would affect the effective tax rate if recognized. It is expected that the amount of unrecognized tax benefits will change in the next 12 months; however, we do not expect the change to have a material impact on our consolidated financial statements. The total amounts of interest and penalties, which are classified as a component of the provision for income taxes and included in “Other liabilities”, were approximately $14.2 million and $0, respectively, as of December 30, 2017. The tax years subject to examination by major tax jurisdictions inc lude the years 2012 and forward by the U.S. Internal Revenue Service (“IRS”), as well as the years 2008 and forward for certain states and certain foreign jurisdictions. In December 2014, the IRS issued a Statutory Notice of Deficiency for 2009, 2010 and 2011. During the quarter ended March 28, 2015, we filed our petition to the U.S. Tax Court disputing the adjustments proposed by the IRS. During the quarter ended June 27, 2015, we were notified by the IRS that our protest was transferred to the Appellate Divisions (Appeals Section) of the IRS. During the quarter ended March 26, 2016, we filed our protest with the Appellate Division. The opening appeals conference was held on June 8, 2016 and a proposed settlement was reached. On July 13, 2016, a joint status report was filed with the Tax Court indicating a basis for settlement had been reached on all of the issues in this case. On October 7, 2016 an executed decision document was signed by the Internal Revenue Service’s Special Trial Attorney and submitted to the Tax Court finalizing the Appeals decision. Additionally, during the quarter ended December 31, 2016 we filed a Mutual Agreement Procedure request with the IRS for assistance from the U.S. Competent Authority for an open Transfer Pricing issue which resulted in a partial settlement during the quarter ended December 30, 2017. We do not expect this to have a material effect on our consolidated financial position, liquidity or the results of operations. The following table provides a reconciliatio n of unrecognized tax benefits excluding the effects of deferred taxes, interest and penalties:
|  | December 30, |  | December 31, |  | December 26,
|  | 2017 |  | 2016 |  | 2015
Balance, beginning of period |  | $ | 90,400 |  | $ | 77,600 |  | $ | 65,800
Additions based on current year tax positions |  |  | 8,500 |  |  | 7,300 |  |  | 10,400
Additions based on prior year tax positions |  |  | 6,100 |  |  | 20,400 |  |  | 19,600
Reductions based on prior year tax positions |  |  | (800) |  |  | (900) |  |  | (10,500)
Reductions resulting from settlements with taxing authorities |  |  | (10,500) |  |  | (9,700) |  |  | (7,600)
Reductions resulting from lapse in statutes of limitations |  |  | (2,800) |  |  | (4,300) |  |  | (100)
Balance, end of period |  | $ | 90,900 |  | $ | 90,400 |  | $ | 77,600

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -URI http://asc.fasb.org/topic&trid=2144680 + Details
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