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Income Taxes
12 Months Ended
Dec. 28, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 23.

Income Taxes

 

On December 22, 2017, the President of the U.S. enacted tax reform, which was effective for the company in the fourth quarter of 2017. The Act reduced our corporate statutory rate from 35% to 21%, repealed the domestic manufacturing deduction, and expanded certain permanent differences. In conjunction with tax reform, the SEC provided guidance which allows recording provisional amounts related to tax reform and subsequent adjustments during and up to a one-year measurement period, with the requirement that the accounting be completed in a period not to exceed one year from the date of enactment. The company’s 2017 financial results included the income tax effects of the Act for which the accounting was complete, and provisional amounts for those specific income tax effects of the Act for which the accounting was incomplete, but a reasonable estimate could be determined.

In the fourth quarter ending December 30, 2017, a tax benefit of $48.2 million was recorded as an estimate of the impact of the Act. Due to the different federal income tax rates in effect for fiscal 2017 (35%) and fiscal 2018 (21%), the provisional amount was adjusted in the second quarter of fiscal 2018 to reflect the actual timing differences reported on the 2017 federal tax return. The adjustment resulted in a discrete tax benefit of $5.6 million, a reduction to federal income tax payable of $16.4 million and an increase to federal deferred tax liabilities of $10.8 million.  The adjustment primarily relates to pension contributions and bonus depreciation on certain assets placed in service during fiscal 2017.

The company’s provision for income tax expense (benefit) consists of the following for fiscal years 2019, 2018, and 2017 (amounts in thousands):

 

 

 

Fiscal 2019

 

 

Fiscal 2018

 

 

Fiscal 2017

 

Current Taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

23,397

 

 

$

11,642

 

 

$

53,076

 

State

 

 

5,539

 

 

 

6,702

 

 

 

7,403

 

 

 

 

28,936

 

 

 

18,344

 

 

 

60,479

 

Deferred Taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

17,335

 

 

 

21,762

 

 

 

(59,385

)

State

 

 

1,274

 

 

 

(105

)

 

 

(1,921

)

 

 

 

18,609

 

 

 

21,657

 

 

 

(61,306

)

Income tax expense (benefit)

 

$

47,545

 

 

$

40,001

 

 

$

(827

)

 

Income tax expense (benefit) differs from the amount computed by applying the applicable U.S. federal income tax rate of 21% for fiscal years 2019 and 2018, and 35% for fiscal year 2017 (amounts in thousands):

 

 

 

Fiscal 2019

 

 

Fiscal 2018

 

 

Fiscal 2017

 

Tax at U.S. federal income tax rate

 

$

44,538

 

 

$

41,404

 

 

$

52,253

 

State income taxes, net of federal income tax benefit

 

 

5,384

 

 

 

5,213

 

 

 

3,564

 

Tax reform impact

 

 

 

 

 

(5,575

)

 

 

(48,160

)

Section 199 qualifying production activities benefit

 

 

 

 

 

 

 

 

(5,422

)

Net share-based payments (windfalls) shortfalls

 

 

(828

)

 

 

1,639

 

 

 

(1,001

)

Other

 

 

(1,549

)

 

 

(2,680

)

 

 

(2,061

)

Income tax expense (benefit)

 

$

47,545

 

 

$

40,001

 

 

$

(827

)

 

In 2019, the most significant difference in the effective rate and the statutory rate was state taxes. In 2018 and in 2017, the effective rate included benefits to revalue net deferred liabilities to reflect the reduction of the federal rate from 35% to 21%. In 2018, the most significant differences in the effective rate and the statutory rate were state income taxes and benefits related to tax reform. Absent the Act, in 2017, the most significant differences between the effective rate and the statutory rate were the Section 199 qualifying production activities deduction and state taxes.

Deferred tax assets (liabilities) are comprised of the following (amounts in thousands):

 

 

 

December 28, 2019

 

 

December 29, 2018

 

Self-insurance

 

$

4,882

 

 

$

5,208

 

Compensation and employee benefits

 

 

6,929

 

 

 

8,718

 

Deferred income

 

 

7,488

 

 

 

8,867

 

Loss and credit carryforwards

 

 

13,304

 

 

 

14,027

 

Equity-based compensation

 

 

2,135

 

 

 

4,646

 

Legal accrual

 

 

7,238

 

 

 

2,245

 

Hedging

 

 

 

 

 

1,397

 

Pension and postretirement benefits

 

 

4,336

 

 

 

10,764

 

Financing and operating lease right-of-use liabilities

 

 

102,797

 

 

 

 

Other

 

 

6,820

 

 

 

7,394

 

Valuation allowance

 

 

(703

)

 

 

(364

)

Deferred tax assets

 

 

155,226

 

 

 

62,902

 

Depreciation

 

 

(67,639

)

 

 

(59,294

)

Intangibles

 

 

(105,238

)

 

 

(104,380

)

Financing and operating lease right-of-use assets

 

 

(101,217

)

 

 

 

Hedging

 

 

(560

)

 

 

 

Other

 

 

(1,967

)

 

 

(1,886

)

Deferred tax liabilities

 

 

(276,621

)

 

 

(165,560

)

Net deferred tax liability

 

$

(121,395

)

 

$

(102,658

)

 

The company has a deferred tax asset of $3.4 million related to a federal net operating loss carryforward which we expect to fully utilize before expiration. Additionally, the company and various subsidiaries have a net deferred tax asset of $5.6 million related to state net operating loss carryforwards, and $4.3 million for credit carryforwards with expiration dates through fiscal 2037. The utilization of a portion of these state carryforwards could be limited in the future; therefore, a valuation allowance has been recorded. Should the company determine at a later date that certain of these losses which have been reserved for may be utilized, a benefit may be recognized in the Consolidated Statements of Income. Likewise, should the company determine at a later date that certain of these net operating losses for which a deferred tax asset has been recorded may not be utilized, a charge to the Consolidated Statements of Income may be necessary.  See Note 2, Significant Accounting Policies, for the deferred tax asset valuation allowance analysis.

The gross amount of unrecognized tax benefits was $0.3 million and $0.8 million as of December 28, 2019 and December 29, 2018, respectively. This change is due to the expiration of the statute of limitations on previously unrecognized tax benefits. These amounts are exclusive of interest accrued and are recorded in other long-term liabilities on the Consolidated Balance Sheets. If recognized, the $0.3 million (less $0.1 million related to tax imposed in other jurisdictions) would impact the effective rate.

The company accrues interest expense and penalties related to income tax liabilities as a component of income before taxes. No accrual of penalties is reflected on the company’s balance sheet as the company believes the accrual of penalties is not necessary based upon the merits of its income tax positions. The company had an accrued interest balance of approximately $0.1 million and $0.1 million at December 28, 2019 and December 29, 2018, respectively.

The company defines the federal jurisdiction as well as various state jurisdictions as “major” jurisdictions. The company is no longer subject to federal examinations for years prior to 2016, and with limited exceptions, for years prior to 2015 in state jurisdictions.

The following is a reconciliation of the total amounts of unrecognized tax benefits for fiscal years 2019, 2018, and 2017 (amounts in thousands):

 

 

 

Fiscal 2019

 

 

Fiscal 2018

 

 

Fiscal 2017

 

Unrecognized tax benefit at beginning of fiscal year

 

$

750

 

 

$

1,259

 

 

$

1,754

 

Gross increases

 

 

 

 

 

 

 

 

 

Lapses of statutes of limitations

 

 

(444

)

 

 

(509

)

 

 

(495

)

Unrecognized tax benefit at end of fiscal year

 

$

306

 

 

$

750

 

 

$

1,259

 

 

At this time, we do not anticipate significant changes to the amount of gross unrecognized tax benefits over the next twelve months.