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Income Taxes
12 Months Ended
Dec. 28, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

(8)

Income Taxes

The components of (loss) income from continuing operations before income taxes for the years ended December 28, 2020, December 30, 2019 and December 31, 2018 are:

 

 

For the Year Ended

 

 

 

December 28,

2020

 

 

December 30,

2019

 

 

December 31,

2018

 

 

 

(In thousands)

 

United States

 

$

(84,582

)

 

$

16,066

 

 

$

18,991

 

Foreign

 

 

38,305

 

 

 

18,260

 

 

 

28,194

 

(Loss) income from continuing operations before income taxes

 

$

(46,277

)

 

$

34,326

 

 

$

47,185

 

 

The Company expects its earnings attributable to foreign subsidiaries will be indefinitely reinvested, except for its material Chinese and Canadian plants and the respective holding companies where a deferred tax liability of approximately $2,458 and $1,548 has been recorded for the foreign and U.S. federal/state impact, respectively. For those other companies with earnings currently being reinvested outside of the U.S., the undistributed earnings amounted to approximately $60,769 as of December 28, 2020. The determination of the unrecognized deferred tax liability related to these undistributed earnings is approximately $2,797.

The components of income tax benefit (provision) for the years ended December 28, 2020, December 30, 2019 and
December 31, 2018 are:

 

 

For the Year Ended

 

 

 

December 28,

2020

 

 

December 30,

2019

 

 

December 31,

2018

 

 

 

(In thousands)

 

Current benefit (provision):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(44

)

 

$

294

 

 

$

381

 

State

 

 

(4,624

)

 

 

(2,922

)

 

 

(1,294

)

Foreign

 

 

27,902

 

 

 

(12,748

)

 

 

(9,587

)

Total current

 

 

23,234

 

 

 

(15,376

)

 

 

(10,500

)

Deferred benefit (provision):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

2,446

 

 

 

1,004

 

 

 

97,723

 

State

 

 

4,498

 

 

 

(1,076

)

 

 

14,351

 

Foreign

 

 

(287

)

 

 

13,043

 

 

 

(13,367

)

Total deferred

 

 

6,657

 

 

 

12,971

 

 

 

98,707

 

Income tax benefit (provision)

 

$

29,891

 

 

$

(2,405

)

 

$

88,207

 

 

 

The following is a reconciliation of the provision for income taxes at the statutory federal income tax rate compared to the Company’s provision for income taxes for the years ended December 28, 2020, December 30, 2019 and December 31, 2018:

 

 

For the Year Ended

 

 

 

December 28,

2020

 

 

December 30,

2019

 

 

December 31,

2018

 

 

 

(In thousands)

 

Statutory federal income tax benefit (provision)

 

$

9,718

 

 

$

(7,209

)

 

$

(9,909

)

State income taxes, net of federal benefit and state tax credits

 

 

(2,674

)

 

 

(3,163

)

 

 

(1,953

)

Transfer pricing

 

 

 

 

 

 

 

 

1,483

 

Acquisition related expenses

 

 

 

 

 

 

 

 

(1,737

)

IRC Section 162(m) limitation

 

 

(712

)

 

 

(868

)

 

 

(3,702

)

Stock options

 

 

(1,298

)

 

 

(252

)

 

 

1,072

 

Global Intangible Low-Taxed Income

 

 

(1,300

)

 

 

 

 

 

 

Permanently reinvested earnings assertion

 

 

(1,442

)

 

 

(1,765

)

 

 

(14,313

)

Foreign tax differential on foreign earnings & other permanent items

 

 

3,933

 

 

 

687

 

 

 

(3,685

)

Change in valuation allowance

 

 

(2,668

)

 

 

2,127

 

 

 

118,451

 

Uncertain tax positions

 

 

36,936

 

 

 

999

 

 

 

(954

)

Federal research and development credits

 

 

4,250

 

 

 

4,582

 

 

 

2,996

 

Goodwill impairment

 

 

(14,532

)

 

 

 

 

 

 

Other

 

 

(320

)

 

 

2,457

 

 

 

458

 

Income tax benefit (provision)

 

$

29,891

 

 

$

(2,405

)

 

$

88,207

 

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The significant components of the net deferred income tax assets (liabilities) as of December 28, 2020 and December 30, 2019 are as follows:

 

 

 

As of

 

 

 

December 28,

2020

 

 

December 30,

2019

 

 

 

(In thousands)

 

Deferred income tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

43,209

 

 

$

78,774

 

Reserves and accruals

 

 

29,429

 

 

 

24,765

 

Interest expense limitation

 

 

 

 

 

13,102

 

Unrealized loss on cash flow hedge

 

 

4,713

 

 

 

2,960

 

Tax credit carryforwards

 

 

39,757

 

 

 

37,889

 

Stock-based compensation

 

 

4,216

 

 

 

4,440

 

Original issue discount on Convertible Senior Notes

 

 

90

 

 

 

870

 

Property, plant and equipment

 

 

9,989

 

 

 

14,404

 

Other deferred income tax assets

 

 

403

 

 

 

756

 

 

 

 

131,806

 

 

 

177,960

 

Less: valuation allowance

 

 

(15,322

)

 

 

(14,292

)

 

 

 

116,484

 

 

 

163,668

 

Deferred income tax liabilities:

 

 

 

 

 

 

 

 

Repatriation of foreign earnings

 

 

(4,006

)

 

 

(9,691

)

Property, plant and equipment basis differences

 

 

(50,463

)

 

 

(56,476

)

Goodwill and intangible amortization

 

 

(39,668

)

 

 

(73,263

)

Other deferred income tax liabilities

 

 

(5,700

)

 

 

(102

)

Net deferred income tax assets (included in

      Deposits and other non-current assets)

 

$

16,647

 

 

$

24,136

 

 

 

As of December 28, 2020, the Company had the following net operating loss (NOL) carryforwards: $117,908 in the U.S. for federal, $25,723 in various U.S. states, $47,957 in China, and $26,940 in Hong Kong. The U.S. federal NOLs expire in 2027 through 2036, the various U.S. states’ NOLs expire in 2021 through 2036, the China NOLs expire in 2021 through 2027, and the Hong Kong NOLs carryforward indefinitely. Further, the Company’s tax credits were approximately $48,580, of which $6,233 carryforward indefinitely.

In connection with the Company’s acquisition of Viasystems during 2015, there was more than a 50% change in ownership under Section 382 of the Internal Revenue Code of 1986, as amended, and regulations issued there under. As a consequence, the utilization of the acquired Viasystems U.S. NOLs is limited to approximately $9,826 per year. In addition, the Company recognized certain gains built in at the time of the ownership change, which increase the limitation by approximately $47,463 for each of the first 5 years after the acquisition. Any unused limitation in a year can be carried over to succeeding years.

A valuation allowance is provided when it is more likely than not that all or some portion of the deferred income tax assets will not be realized. During the year ended December 31, 2018, the Company released a majority of its valuation allowance recorded on its U.S. net deferred tax assets due to a combination of the Company’s expectations for future U.S. taxable income improvement and to offset the net deferred tax liability acquired as a result of the Anaren acquisition. It continues to maintain a valuation allowance on certain of its U.S. net deferred tax assets represented by income tax attributes carried forward that are expected to expire unused. Certain subsidiaries within China continue to have NOL carryforwards in various tax jurisdictions that the Company has determined are not more likely than not to be utilized. As a result, a full valuation allowance has been recorded for these subsidiaries as of December 28, 2020. For the remaining net deferred income tax asset, management has determined that it is more likely than not that the results of future operations will generate sufficient taxable income to realize the net deferred tax asset.

The following summarizes the activity in the Company’s valuation allowance for the years ended December 28, 2020, December 30, 2019 and December 31, 2018:

 

 

For the Year Ended

 

 

 

December 28,

2020

 

 

December 30,

2019

 

 

December 31,

2018

 

 

 

(In thousands)

 

Balance at beginning of year

 

$

14,292

 

 

$

16,635

 

 

$

152,728

 

Reduction related to acquisition

 

 

 

 

 

 

 

 

(76,040

)

Additions charged to expense

 

 

3,904

 

 

 

1,526

 

 

 

 

Other reduction charged to expense

 

 

(2,874

)

 

 

(3,869

)

 

 

(60,053

)

Balance at end of year

 

$

15,322

 

 

$

14,292

 

 

$

16,635

 

 

Certain entities within China qualified for the high and new technology enterprise (HNTE) status enabling those entities to enjoy certain benefits, which were effective for the years ended December 28, 2020, December 30, 2019 and December 31, 2018. The HNTE status as well as enhanced research and development (R&D) deductions decreased Chinese taxes. HNTE and R&D benefit and effect on earnings per share are as follows:

 

 

 

For the Year Ended

 

 

 

December 28,

2020

 

 

December 30,

2019

 

 

December 31,

2018

 

 

 

(In thousands, except per share data)

 

HNTE and R&D benefits

 

$

4,235

 

 

$

6,060

 

 

$

7,277

 

Basic shares

 

 

106,366

 

 

 

105,195

 

 

 

103,355

 

Diluted shares

 

 

106,366

 

 

 

106,332

 

 

 

134,036

 

Increases earnings per share:

 

 

 

 

 

 

 

 

 

 

 

 

Basic

 

$

0.04

 

 

$

0.06

 

 

$

0.07

 

Diluted

 

$

0.04

 

 

$

0.06

 

 

$

0.05

 

 

HNTE status expires at various dates in 2020 through 2021, but the Company expects to continue to file for renewal of such HNTE status for the foreseeable future.

A reconciliation of the beginning and ending amount of unrecognized tax benefits, exclusive of accrued interest and penalties, is as follows:

 

 

For the Year Ended

 

 

 

December 28,

2020

 

 

December 30,

2019

 

 

December 31,

2018

 

 

 

(In thousands)

 

Balance at beginning of year

 

$

37,465

 

 

$

30,284

 

 

$

31,276

 

Additions related to acquisition

 

 

 

 

 

 

 

 

903

 

Additions based on tax positions related to the current year

 

 

839

 

 

 

3,553

 

 

 

856

 

Additions for tax positions of prior years

 

 

202

 

 

 

4,952

 

 

 

117

 

Reductions for tax positions of prior years

 

 

(27,283

)

 

 

(103

)

 

 

(2,140

)

Lapse of statute of limitations

 

 

(3,819

)

 

 

(1,221

)

 

 

(728

)

Balance at end of year

 

$

7,404

 

 

$

37,465

 

 

$

30,284

 

 

In the quarter ended December 28, 2020, the Company reduced prior years’ uncertain tax positions by $27,283 due to (i) conclusion of an examination resulting in no adjustment with the Canadian tax authority related to the pre-acquisition tax years of a Canadian subsidiary; and (ii) change in U.S. tax law related to IRC Section 163(j) with respect to the adjusted taxable income calculation.

As of December 28, 2020 and December 30, 2019, the Company recorded unrecognized tax benefits of $1,046 and $25,805, respectively, as well as interest and penalties of $1,566 and $13,531, respectively, to current and long-term liabilities. The Company has also recorded unrecognized tax benefits of $6,358 and $19,225 against certain deferred tax assets as of December 28, 2020 and December 30, 2019, respectively. The amount of unrecognized tax benefits that would, if recognized, reduce the Company’s effective income tax rate in any future periods is $2,612 including interest and penalties. The Company expects its unrecognized tax benefits to decrease by $384 along with related interest of $701 over the next twelve months due to expiring statutes.

As of December 28, 2020, the Company is open for (i) U.S. federal income tax examination for the period from 2017 to 2020 and NOL and credit carryforwards are subject to adjustment for 3 years post utilization, (ii) state and local income tax examination for tax years 2016 to 2020 and NOL and credit carryforwards are subject to adjustment for 4 years post utilization; and (iii) foreign income tax examinations generally for tax years from 2010 to 2020.