On December 22, 2017, the U.S. government enacted comprehensive tax legislation in the form of the Tax Cuts and Jobs Act (“the Tax Act”). The Tax Act significantly changed U.S. international tax laws for tax years beginning after December 31, 2017 and included a provision designed to currently tax global intangible low-taxed income (“GILTI”) earned by non-U.S. corporate subsidiaries of large U.S. shareholders. The Company has elected to treat GILTI as a period expense, and the effect of the GILTI inclusion for Fiscal 2020 is not material.

In addition, on March 27, 2020, the U.S. government enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to address the COVID-19 pandemic. The CARES Act allows net operating losses (“NOL”) generated within tax years 2018 through 2020 to be carried back up to five years, including years in which the U.S. federal corporate income tax rate was 35%, as opposed to the current U.S federal corporate income tax rate of 21%. The CARES Act contains other key income and payroll tax provisions, including the immediate write-off of qualified improvement property.

	For the Years Ended
	January 30,			February 1,		February 2,
(In thousands)	2021			2020		2019
U.S.	$	(294,208	)	$	229,906	$	308,424
Foreign		1,935			15,372		36,676
Total	$	(292,273	)	$	245,278	$	345,100

The significant components of the Company’s deferred tax assets and liabilities were as follows:

	January 30,			February 1,
(in thousands)	2021			2020
Deferred tax assets:
Operating lease ROU assets	$	389,604		$	406,473
Net Operating Loss		10,160			5,983
State tax credits		7,407			7,092
Deferred compensation		7,357			9,005
Accruals not currently deductible		5,667			7,332
Capital Loss		4,471			—
Inventories		3,267			9,908
Employee compensation and benefits		3,166			3,176
Foreign tax credits		943			1,056
Other		5,715			5,580
Gross deferred tax assets		437,757			455,605
Valuation allowance		(12,263	)		(5,861	)
Total deferred tax assets		425,494			449,744
Deferred tax liabilities:
Operating lease liabilities	$	(310,888	)	$	(370,617	)
Property and equipment		(56,487	)		(50,288	)
Convertible Senior Note		(20,589	)		—
Prepaid expenses		(2,030	)		(2,996	)
Other		(2,455	)		(3,119	)
Total deferred tax liabilities	$	(392,449	)	$	(427,020	)
Total deferred tax assets, net	$	33,045		$	22,724

The increase in net deferred tax assets was primarily due to an increase in the net deferred tax asset of operating lease ROU assets and operating lease liabilities, partially offset by an increase in the deferred tax liability of the convertible senior note.

As of January 30, 2021, the Company had deferred tax assets related to state and foreign net operating loss carryovers of $5.9 million and $4.3 million, respectively that could be utilized to reduce future years’ tax liabilities. A portion of these net operating loss carryovers expire in future years and some have an indefinite carryforward period. Management believes it is more likely than not that the foreign net operating loss carryovers will not reduce future years’ tax liabilities in certain jurisdictions. As such, valuation allowances of $4.3 million and $3.5 million have been recorded on the deferred tax assets related to the cumulative foreign net operating loss carryovers as of January 30, 2021 and February 1, 2020 respectively. We also provided for valuation allowances of approximately $0.8 million and $0.7 million related to other foreign deferred tax assets as of January 30, 2021 and February 1, 2020, respectively.

The Company had foreign tax credit carryovers in the amount of $0.9 million and $1.1 million as of January 30, 2021 and February 1, 2020, respectively. The foreign tax credit carryovers begin to expire in Fiscal 2028 to the extent not utilized. Management believes it is more likely than not that this category of foreign tax credit carryover will not reduce future years’ tax liabilities. As such, valuation allowances of $0.9 million and $1.1 million have been recorded on the deferred tax assets related to the foreign tax credit carryovers as of January 30, 2021 and February 1, 2020, respectively.

The Company had state income tax credit carryforwards of $7.4 million (net of federal tax) and $7.1 million (net of federal tax) as of January 30, 2021 and February 1, 2020, respectively. These income tax credits can be utilized to offset future state income taxes, with the majority having a carryforward period of 16 years. They will begin to expire in Fiscal 2024. Management believes it is more likely than not that a portion of the state income tax credit carryovers will not reduce future years’ tax liabilities in certain jurisdictions. As such, valuation allowances of $1.8 million and $0.5 million have been recorded on the deferred tax assets related to the cumulative state income tax credit carryovers as of January 30, 2021 and February 1, 2020, respectively.

In Fiscal 2020, the Company generated U.S. and state capital losses of $4.5 million. Generally, the capital losses have a carryforward period of 5 years. The Company has recorded a valuation allowance for $4.5 million on the deferred tax asset attributable to these capital losses.

Significant components of the (benefit) provision for income taxes were as follows:

	For the Years Ended
	January 30,			February 1,			February 2,
(In thousands)	2021			2020			2019
Current:
Federal	$	(59,080	)	$	25,745		$	60,453
Foreign taxes		7,443			8,137			7,343
State		3,528			13,598			19,815
Total current		(48,109	)		47,480			87,611
Deferred:
Federal	$	(17,286	)	$	12,289		$	(148	)
Foreign taxes		(4,622	)		(1,213	)		(2,367	)
State		(12,982	)		(4,535	)		(1,898	)
Total deferred		(34,890	)		6,541			(4,413	)
(Benefit) Provision for income taxes	$	(82,999	)	$	54,021		$	83,198

As of January 30, 2021, the undistributed earnings of the Company’s foreign subsidiaries were approximately $53.4 million. The Company intends to permanently reinvest a portion of its earnings outside of the United States for the foreseeable future. On the remaining earnings, the Company has not recognized deferred tax expense because we expect any potential distribution to be made out of previously taxed earnings, or qualify for the 100 percent dividends received deduction provided for in the Tax Act, along with little to no foreign withholding taxes.

The following table summarizes the activity related to our unrecognized tax benefits:

	For the Years Ended
	January 30,			February 1,			February 2,
(In thousands)	2021			2020			2019
Unrecognized tax benefits, beginning of the year balance	$	2,781		$	6,534		$	7,286
Increases in current period tax positions		602			422			565
Increases in tax positions of prior periods		1			151			2,279
Settlements		(450	)		(2,223	)		(1,397	)
Lapse of statute of limitations		(289	)		(720	)		(545	)
Decreases in tax positions of prior periods		(82	)		(1,383	)		(1,654	)
Unrecognized tax benefits, end of the year balance	$	2,563		$	2,781		$	6,534

As of January 30, 2021, the gross amount of unrecognized tax benefits was $2.6 million, of which $2.0 million would affect the effective income tax rate if recognized. The gross amount of unrecognized tax benefits as of February 1, 2020 was $2.8 million, of which $2.3 million would affect the effective income tax rate if recognized.

Unrecognized tax benefits decreased by $0.2 million during Fiscal 2020, decreased by $3.8 million during Fiscal 2019, and increased by $0.8 million during Fiscal 2018. Over the next twelve months, the Company believes it is reasonably possible that the unrecognized tax benefits could decrease by as much as $0.7 million as a result of federal and state tax settlements, statute of limitations lapses, and other changes to the reserves.

The Company records accrued interest and penalties related to unrecognized tax benefits in income tax expense. Accrued interest and penalties related to unrecognized tax benefits included in the Consolidated Balance Sheet were $0.7 million and $0.7 million as of January 30, 2021 and February 1, 2020, respectively. An immaterial amount of interest and penalties was recognized in the (benefit) provision for income taxes during Fiscal 2020, Fiscal 2019, and Fiscal 2018.

The Company and its subsidiaries file income tax returns in the U.S. federal and various state and foreign jurisdictions. The IRS has completed examinations under the IRS Compliance Assurance Program (“CAP”) through February 1, 2020, for which the majority of the issues have been resolved. The Company does not anticipate that any adjustments will result in a material change to its consolidated financial position, results of operations or cash flows. With respect to state and local jurisdictions and countries outside of the United States, with limited exceptions, generally, the Company and its subsidiaries are no longer subject to income tax audits for tax years before Fiscal 2014 (ended January 31, 2015). Although the outcome of tax audits is always uncertain, the Company believes that adequate amounts of tax, interest, and penalties have been provided for any adjustments that are expected to result from these years.

A reconciliation between the statutory federal income tax rate and the effective income tax rate follows:

	For the Years Ended
	January 30,			February 1,			February 2,
	2021			2020			2019
Federal income tax rate		21.0	%		21.0	%		21.0	%
State income taxes, net of federal income tax effect		3.1			3.6			3.8
Foreign rate differential		0.3			(0.6	)		(0.7	)
International provisions of Tax Act		0.0			(2.1	)		(0.6	)
Rate differential on CARES Act NOL carryback		8.1			0.0			0.0
Valuation allowance changes, net		(2.6	)		0.3			0.4
Non-deductible executive compensation		(2.1	)		0.6			0.9
Change in unrecognized tax benefits		(0.1	)		0.1			(0.2	)
Other		0.7			(0.9	)		(0.5	)
		28.4	%		22.0	%		24.1	%

The Company recorded an income tax benefit of $83.0 million (an effective tax benefit rate of 28.4%) in Fiscal 2020, compared to income tax expense of $54.0 million (an effective tax rate of 22.0%) in Fiscal 2019 and $83.2 million (an effective tax rate of 24.1%) in Fiscal 2018.