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INCOME TAXES
12 Months Ended
Dec. 30, 2023
INCOME TAXES  
INCOME TAXES

J.INCOME TAXES

Income tax provisions for the years ended December 30, 2023, December 31, 2022, and December 25, 2021 are summarized as follows (in thousands):

    

2023

2022

    

2021

Currently Payable:

 

  

 

  

 

  

Federal

$

123,257

$

181,029

$

115,077

State and local

 

28,580

 

44,646

 

30,441

Foreign

 

10,808

 

17,336

 

21,095

 

162,645

 

243,011

 

166,613

Net Deferred:

 

  

 

  

 

  

Federal

 

(2,249)

 

(8,561)

 

6,242

State and local

 

(3,223)

 

(3,657)

 

118

Foreign

 

(389)

 

(941)

 

999

 

(5,861)

 

(13,159)

 

7,359

Total income tax expense

$

156,784

$

229,852

$

173,972

The components of earnings before income taxes consist of the following:

    

2023

    

2022

    

2021

U.S.

$

633,816

$

876,071

$

645,316

Foreign

 

37,425

 

58,745

 

81,020

Total

$

671,241

$

934,816

$

726,336

The effective income tax rates are different from the statutory federal income tax rates for the following reasons:

    

2023

    

2022

    

2021

 

Statutory federal income tax rate

 

21.0

%  

21.0

%  

21.0

%

State and local taxes (net of  federal benefits)

 

3.6

 

3.4

 

3.3

Tax credits, including foreign tax credit

 

(0.9)

 

(0.8)

 

(0.6)

Change in uncertain tax positions reserve

 

0.2

 

(0.1)

 

(0.1)

Other permanent differences

 

0.2

 

0.1

 

(0.4)

Other, net

 

(0.7)

 

1.0

 

0.7

Effective income tax rate

 

23.4

%  

24.6

%  

23.9

%

Temporary differences which give rise to deferred income tax assets and (liabilities) on December 30, 2023 and December 31, 2022 are as follows (in thousands):

    

2023

    

2022

Employee benefits

$

45,661

$

37,893

Lease liability

27,918

28,746

Net operating loss carryforwards

 

7,881

 

6,891

Foreign subsidiary capital loss carryforward

 

935

 

500

Other tax credits

 

31

 

102

Inventory

 

2,397

 

3,732

Reserves on receivables

 

2,203

 

3,273

Accrued expenses

 

3,373

 

6,791

Capitalized research and development costs

28,021

11,080

Gross deferred income tax assets

 

118,420

 

99,008

Valuation allowance

 

(6,014)

 

(4,618)

Deferred income tax assets

 

112,406

 

94,390

Depreciation

 

(82,617)

 

(69,711)

Intangibles

 

(43,455)

 

(43,643)

Right of use assets

(26,870)

(27,849)

Other, net

 

(484)

 

(702)

Deferred income tax liabilities

 

(153,426)

 

(141,905)

Net deferred income tax liability

$

(41,020)

$

(47,515)

As of December 30, 2023, we had federal, state and foreign net operating loss carryforwards of $7.9 million and state tax credit carryforwards of $0.1 million, which will expire at various dates.

The NOL and credit carryforwards expire as follows:

Net Operating Losses

Tax Credits

    

U.S.

    

State

    

Foreign

    

U.S.

    

State

2024 - 2028

$

$

27

$

206

$

$

2029 - 2033

 

396

1,268

 

 

2034 - 2038

 

1,618

1,656

 

 

31

2039 - 2043

 

208

1,373

 

 

Thereafter

 

570

 

 

Total

$

208

$

3,414

$

3,700

$

$

31

As of December 30, 2023, we believe that it is more likely than not that the benefit from certain state and foreign NOL carryforwards will not be realized. In recognition of this risk, we have provided a valuation allowance of $5.5 million against the various NOLs. Furthermore, there is a valuation allowance of $0.5 million against a capital loss carryforward we have for a wholly-owned subsidiary, UFP Canada, Inc. Based upon the business activity and the nature of the assets of this subsidiary, our ability to realize a future benefit from this carryforward is doubtful. The capital loss has an unlimited carryforward and therefore will not expire unless there is a change in control of the subsidiary.

The Organization of Economic Cooperation and Development (“OECD”) reached an agreement among various countries to implement a minimum 15% tax rate on certain multinational enterprises, commonly referred to as Pillar Two. Many countries continue to announce changes in their tax laws, many of them effective for tax years beginning Jan 1, 2024. We continue to analyze the impacts of these legislative changes to our effective tax rate, consolidated financial statements, and related disclosures. As of Dec 30, 2023, we do not expect the impact of Pillar Two legislation to have a material impact on our tax expense.