On December 22, 2017, the United States government enacted comprehensive tax legislation in the form of the Tax Cuts and Jobs Act (“the Tax Act”). The Tax Act significantly changed United States 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-United States corporate subsidiaries of large United States shareholders. The Company has elected to treat GILTI as a period expense, and the effect of the GILTI inclusion for Fiscal 2022 is not material.

In addition, on March 27, 2020, the United States 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 United States 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.

The components of income (loss) before income taxes are:


	For the Years Ended
	January 28,		January 29,		January 30,
(In thousands)	2023		2022		2021
U.S.	$	138,023	$	520,952	$	(294,208	)
Foreign		40,471		37,970		1,935
Total	$	178,494	$	558,922	$	(292,273	)

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


	January 28,			January 29,
(in thousands)	2023			2022
Deferred tax assets:
Operating lease ROU assets	$	353,277		$	380,117
Net Operating Loss		27,604			27,643
Accruals not currently deductible		11,442			11,645
Deferred compensation		9,498			8,429
Disallowed business interest expense		8,353			—
Other long-term assets		8,201			8,208
State tax credits		7,968			7,546
Inventories		7,082			5,220
Gift card liability		4,871			3,974
Capital Loss		4,210			4,213
Capitalized research and development expenses		4,120			—
Employee compensation and benefits		2,896			20,521
Foreign tax credits		2,761			2,982
General Business Credits		1,586			751
Allowance for Doubtful Accounts		911			3,201
Other		744			1,032
Gross deferred tax assets		455,524			485,482
Valuation allowance		(25,902	)		(25,628	)
Total deferred tax assets		429,622			459,854
Deferred tax liabilities:
Operating lease liabilities	$	(287,061	)	$	(308,299	)
Property and equipment		(100,958	)		(87,192	)
Prepaid expenses		(2,988	)		(2,215	)
Goodwill		(1,996	)		(2,045	)
Other		(136	)		(552	)
2025 Notes		—			(15,384	)
Total deferred tax liabilities	$	(393,139	)	$	(415,687	)
Total deferred tax assets, net	$	36,483		$	44,167

The change in net deferred tax assets was primarily due to a decrease in the net deferred tax asset of Operating lease ROU assets, Operating lease liabilities and Employee compensation and benefits, partially offset by a decrease in the deferred tax liability of the 2025 Notes.

As of January 28, 2023, the Company had deferred tax assets related to federal, state and foreign net operating loss carryovers of $15.0 million, $5.9 million and $6.7 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 a portion of state net operating loss and the foreign net operating loss carryovers will not reduce future years’ tax liabilities in certain jurisdictions. As such, valuation allowances of $2.7 have been recorded on the deferred tax assets related to a portion of the state net operating loss carryovers as of both January 28, 2023 and January 29, 2022. Further, valuation allowances of $6.7 million and $6.1 million have been recorded on the deferred tax assets related to the cumulative foreign net operating loss carryovers as of January 28, 2023 and January 29, 2022, respectively. We also provided for valuation allowances of approximately $1.6 million related to other foreign deferred tax assets as of both January 28, 2023 and January 29, 2022.

The Company had foreign tax credit carryovers in the amount of $2.8 million and $3.0 million as of January 28, 2023 and January 29, 2022, respectively. The foreign tax credit carryovers begin to expire in Fiscal 2032 to the extent not utilized. Management believes it is more likely than not that a certain category of foreign tax credit carryover will not reduce future years’ tax liabilities. As such, valuation allowances of $1.0 million have been recorded on the deferred tax assets related to the foreign tax credit carryovers as of both January 28, 2023 and January 29, 2022.

The Company had state income tax credit carryforwards of $8.0 million (net of federal tax) and $7.5 million (net of federal tax) as of January 28, 2023 and January 29, 2022, 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 $1.5 million and $1.8 million have been recorded on the deferred tax assets related to the cumulative state income tax credit carryovers as of January 28, 2023 and January 29, 2022, respectively.

The Company had United States federal and state capital loss carryforwards of $4.2 million as of both January 28, 2023 and January 29, 2022. Generally, the capital loss has a carryforward period of five years. The Company has recorded a valuation allowance of $4.2 million as of both January 28, 2023 and January 29, 2022, on the deferred tax asset attributable to these capital losses. The Company recorded deferred tax assets of $8.2 million as of both January 28, 2023 and January 29, 2022, for other long-term assets related to the acquisition of Quiet Logistics, Inc. and certain other strategic investments. Management believes it is more likely than not that these other long-term assets will not reduce future years’ tax liabilities. As such, valuation allowances of $8.2 million was recorded as of both January 28, 2023 and January 29, 2022 for the deferred tax asset attributable to these assets.

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


	For the Years Ended
	January 28,			January 29,			January 30,
(In thousands)	2023			2022			2021
Current:
Federal	$	(986	)	$	107,493		$	(59,080	)
Foreign taxes		19,701			19,671			7,443
State		3,594			24,979			3,528
Total current		22,309			152,143			(48,109	)
Deferred:
Federal	$	26,758		$	(12,637	)	$	(17,286	)
Foreign taxes		(1,374	)		(1,284	)		(4,622	)
State		5,665			1,071			(12,982	)
Total deferred		31,049			(12,850	)		(34,890	)
Provision (Benefit) for income taxes	$	53,358		$	139,293		$	(82,999	)

As of January 28, 2023, the undistributed earnings of the Company’s foreign subsidiaries were approximately $119.6 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 from previously taxed earnings, or qualify for the 100% dividends received deduction, along with negligible foreign withholding taxes.

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


	For the Years Ended
	January 28,			January 29,			January 30,
(In thousands)	2023			2022			2021
Unrecognized tax benefits, beginning of the year balance	$	3,259		$	2,563		$	2,781
Increases in current period tax positions		681			251			602
Increases in tax positions of prior periods		—			688			1
Settlements		(454	)		—			(450	)
Lapse of statute of limitations		(277	)		(93	)		(289	)
Decreases in tax positions of prior periods		(731	)		(150	)		(82	)
Unrecognized tax benefits, end of the year balance	$	2,478		$	3,259		$	2,563

As of January 28, 2023, the gross amount of unrecognized tax benefits was $2.5 million, of which $2.0 million would affect the effective income tax rate if recognized. The gross amount of unrecognized tax benefits as of January 29, 2022 was $3.3 million, of which $2.6 million would affect the effective income tax rate if recognized.

Unrecognized tax benefits decreased by $0.8 million during Fiscal 2022, increased by $0.7 million during Fiscal 2021, and decreased by $0.2 million during Fiscal 2020. Over the next 12 months, the Company believes it is reasonably possible that the unrecognized tax benefits could decrease by as much as $0.4 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 Sheets were $0.8 million and $0.9 million as of January 28, 2023 and January 29, 2022, respectively. An immaterial amount of interest and penalties was recognized in the provision (benefit) for income taxes during Fiscal 2022, Fiscal 2021, and Fiscal 2020.

The Company and its subsidiaries file income tax returns in the United States federal and various state and foreign jurisdictions. The IRS has completed examinations through February 1, 2020. 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 2016 (ended January 28, 2017). 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 28,			January 29,			January 30,
	2023			2022			2021
Federal income tax rate		21.0	%		21.0	%		21.0	%
State income taxes, net of federal income tax effect		3.6			4.1			3.1
Foreign rate differential		0.9			0.6			0.3
International provisions of Tax Act		0.1			(0.5	)		0.0
Rate differential on CARES Act NOL carryback		0.0			0.0			8.1
Valuation allowance changes, net		0.5			0.2			(2.6	)
Non-deductible executive compensation		2.0			1.3			(2.1	)
Change in unrecognized tax benefits		(0.1	)		0.1			(0.1	)
Share Based Payments		(0.2	)		(0.8	)		0.4
Note Exchanges		1.4			0.0			0.0
Other		0.7			(1.1	)		0.3
		29.9	%		24.9	%		28.4	%

The Company recorded income tax expense of $53.4 million (an effective tax rate of 29.9%) in Fiscal 2022, income tax expense of $139.3 million (an effective tax rate of 24.9%) in Fiscal 2021, and an income tax benefit of $83.0 million (an effective tax benefit rate of 28.4%) in Fiscal 2020.