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Income Taxes
 12 Months Ended
Jul. 03, 2021
Income Tax Disclosure [Abstract]  
Income Taxes
Note 14. Income Taxes
The Company’s income (loss) before income taxes consisted of the following (in millions):
Years Ended
July 3, 2021June 27, 2020June 29, 2019
Domestic$(43.1)$(35.1)$(66.9)
Foreign152.5 129.2 106.2 
Income before income taxes$109.4 $94.1 $39.3 
The Company’s income tax expense (benefit) consisted of the following (in millions):
Years Ended
July 3, 2021June 27, 2020June 29, 2019
Federal:
Current$— $— $— 
Deferred— — — 
Total federal income tax expense— — — 
State:
Current20.1 2.7 0.1 
Deferred— — — 
Total state income tax expense20.1 2.7 0.1 
Foreign:
Current44.8 50.1 33.3 
Deferred(1.6)12.5 (1.9)
Total foreign income tax (benefit) expense43.2 62.6 31.4 
Total income tax expense$63.3 $65.3 $31.5 
The state current expense primarily relates to state taxes incurred as a result of the internal intellectual property restructuring which, was undertaken in the fourth quarter of the fiscal year 2021.
The foreign current expense primarily relates to the Company’s profitable operations in certain foreign jurisdictions and withholding tax paid on the repatriation of foreign earnings during the year. The foreign deferred tax (benefit) expense relates to the release of valuation allowance in a foreign jurisdiction and the amortization of purchased intangible assets.
A reconciliation of the Company’s income tax expense at the federal statutory rate to the income tax expense at the effective tax rate is as follows (in millions):
Years Ended
July 3, 2021June 27, 2020June 29, 2019
Income tax expense computed at federal statutory rate$23.0 $19.8 $8.3 
Withholding Taxes8.7 34.2 1.5 
US Inclusion of foreign earnings3.6 12.8 16.0 
Valuation allowance5.5 0.7 1.0 
Foreign rate differential3.9 4.5 4.8 
Reserves8.6 2.3 3.5 
Permanent items0.8 (0.3)(1.4)
Fair value change of the earn-out liability(1.5)(6.6)(1.3)
Reversal of previously accrued taxes(2.1)(3.7)(1.2)
Research and experimentation benefits and other tax credits(0.5)(0.2)— 
State taxes12.9 2.1 0.1 
Other0.4 (0.3)0.2 
Income tax expense$63.3 $65.3 $31.5 
The components of the Company’s net deferred taxes consisted of the following (in millions):
Balance as of
July 3, 2021June 27, 2020June 29, 2019
Gross deferred tax assets:
Tax credit carryforwards$135.7 $159.5 $164.3 
Net operating loss carryforwards536.1 1,118.6 1,206.9 
Capital loss carryforwards1.1 63.9 63.9 
Inventories28.9 20.3 9.6 
Accruals and reserves66.5 61.6 55.6 
Intangibles including acquisition-related items 632.4 45.1 42.1 
Capitalized research costs15.7 72.0 — 
Other66.1 44.6 43.1 
Gross deferred tax assets1,482.5 1,585.6 1,585.5 
Valuation allowance(1,295.9)(1,405.5)(1,405.3)
Deferred tax assets186.6 180.1 180.2 
Gross deferred tax liabilities:
Acquisition-related items(29.1)(31.8)(33.5)
Tax on unrepatriated earnings(18.4)(15.6)(1.8)
Foreign branch taxes(22.3)(21.4)(22.0)
Other(31.9)(29.8)(29.1)
Deferred tax liabilities(101.7)(98.6)(86.4)
Total net deferred tax assets$84.9 $81.5 $93.8 
As of July 3, 2021, the Company had federal, state and foreign tax net operating loss carryforwards of $2,078.8 million, $521.7 million and $532.9 million, respectively, and federal, state and foreign research and other tax credit carryforwards of $85.9 million, $49.0 million and $0.1 million, respectively. The federal tax net operating loss carryforwards start to expire in fiscal year 2023 and at various dates through 2038 if not utilized. The federal credit carryforwards start to expire fiscal year 2022 and at various dates through fiscal year 2042 if not utilized. The state tax net operating loss carryforwards start to expire in fiscal year 2022 and at various dates through 2041 if not utilized. The state research credit start to expire in fiscal year 2023 but a majority of the state credits have an indefinite carryforward period. In addition, a portion of the foreign tax net operating loss, tax credit and capital loss carryforwards have an indefinite carryforward period. Utilization of the tax net operating losses may be subject to a substantial annual limitation due to the ownership change limitations provided by the Internal Revenue Code and similar state and foreign provisions. Loss carryforward limitations may result in the expiration or reduced utilization of a portion of the Company’s net operating losses.
On July 2, 2021, the Company completed a planned series of internal transactions restructuring certain of VIAVI’s intellectual properties. The result of which aligns the properties in a single entity which owns, manages, directs, and protects the properties, including but not limited to patents, product designs, processes, manufacturing technologies, know-how, and trade secrets. In conjunction with the internal restructuring, $2.3 billion ($482 million tax effected) of US federal net operating loss carryforwards were utilized, the Company recognized a new deferred tax asset relating to the book and tax basis difference of certain intangible assets of $589 million. Given the full valuation allowance that is carried on the Company’s US deferred tax assets, the change in the deferred taxes as a result of the transaction does not have material impact on the financial statements. The Company recorded state tax expense including reserves for uncertain tax positions of $19.1 million related to this transaction.  
Foreign withholding taxes associated with the repatriation of earnings of foreign subsidiaries have not been provided on $11.2 million of undistributed earnings for certain foreign subsidiaries. The Company intends to reinvest these earnings indefinitely outside of the United States. The Company estimates that an additional $2.1 million of foreign withholding taxes would have to be provided if these earnings were repatriated back to the U.S.
During fiscal year 2020, in light of the economic uncertainty caused by COVID-19, the Company reevaluated its historic assertion on foreign earnings and no longer considered a majority of its earnings to be permanently reinvested resulting in a $32.5 million charge for withholding taxes expected to be paid on the repatriation of $324.0 million of foreign earnings that the Company does not consider to be permanently reinvested. During the third quarter of fiscal 2020, which included changing the Company’s intent with regard to the indefinite reinvestment of such foreign earnings, the Company initially accrued $31.6 million for withholding taxes expected to be paid on the repatriation of $316.4 million of accumulated foreign earnings that it no longer considers to be permanently reinvested as of the third quarter. During fiscal year 2020, the Company paid $19.5 million withholding income tax on the repatriation of foreign earnings. The repatriation of these earnings increases available cash in the U.S. and provides greater U.S. financial flexibility to assist the Company in navigating the expected downturn in the economy. The foreign earnings are being repatriated to the U.S. without incurring any significant additional U.S current or deferred tax expense.
On March 27, 2020, the House passed the Coronavirus Aid, Relief, and Economic Security Act (The CARES Act), also known as the Third COVID-19 Supplemental Relief bill, and the president signed the legislation into law. Tax provisions of the Act include the deferral of certain payroll taxes, relief for retaining employees, and other provisions. The provisions of the legislation did not have a significant impact on the effective tax rate or the income tax payable and deferred income tax positions of the Company. The Company continues to monitor additional guidance issued by the U.S. Treasury Department, the Internal Revenue Service and others.
The valuation allowance decreased by $109.6 million in fiscal 2021, increased by $0.2 million in fiscal 2020, and increased by $23.2 million in fiscal 2019. The decrease during fiscal 2021 was primarily due to the expiration of federal net operating losses, federal capital losses, and federal research credits. The increase during fiscal 2020 was primarily due to the business acquired during the year. The increase during fiscal 2019 was primarily due to the net increase of deferred tax assets resulting from the inclusion of the Company’s foreign subsidiaries in the U.S. tax return as a consequence of the U.S. Tax Cuts and Jobs Act. The following table provides information about the activity of our deferred tax valuation allowance (in millions):
Deferred Tax Valuation AllowanceBalance at
Beginning
of Period		Additions Charged
to Expenses or
Other Accounts (1)		Deductions Credited to Expenses or Other Accounts (2)Balance at
End of
Period
Year Ended July 3, 2021$1,405.5 $622.0 $(731.6)$1,295.9 
Year Ended June 27, 2020$1,405.3 $95.1 $(94.9)$1,405.5 
Year Ended June 29, 2019$1,382.1 $72.8 $(49.6)$1,405.3 
(1)Additions include current year additions charged to expenses and current year build due to increases in net deferred tax assets, return to provision true-ups, other adjustments.
(2)Deductions include current year releases credited to expenses and current year reductions due to decreases in net deferred tax assets, return to provision true-ups, other adjustments and increases in deferred tax liabilities.
A reconciliation of unrecognized tax benefits between June 30, 2018 and July 3, 2021 is as follows (in millions):
Balance at June 30, 2018$48.6 
Additions based on tax positions related to current year1.7 
Additions based on tax positions related to prior year7.3 
Reduction based on tax positions related to prior year(2.8)
Reductions for lapse of statute of limitations(0.6)
Balance at June 29, 201954.2 
Additions based on tax positions related to current year2.2 
Additions based on tax positions related to prior year0.3 
Reduction based on tax positions related to prior year(3.8)
Reduction related to settlement(0.4)
Reductions for lapse of statute of limitations(0.5)
Balance at June 27, 202052.0 
Additions based on tax positions related to current year14.8 
Reduction based on tax positions related to prior year(6.8)
Reduction related to settlement (0.5)
Reductions for lapse of statute of limitations(0.4)
Balance at July 3, 2021$59.1 
The unrecognized tax benefits relate primarily to the allocations of revenue and costs among the Company’s global operations and the validity of some U.S. tax credits. Included in the balance of unrecognized tax benefits at July 3, 2021 are $14.2 million of tax benefits that, if recognized, would impact the effective tax rate. Also included in the balance of unrecognized tax benefits at July 3, 2021 are $41.3 million of tax benefits that, if recognized, would result in adjustments to the valuation allowance.
The Company’s policy is to recognize accrued interest and penalties related to unrecognized tax benefits within the income tax provision. The amount of interest and penalties accrued as of July 3, 2021, June 27, 2020 and June 29, 2019 was approximately $4.0 million, $2.7 million, and $3.7 million, respectively. During fiscal 2021, the Company’s accrued interest and penalties increased by $1.3 million. The timing and resolution of income tax examinations is uncertain, and the amounts ultimately paid, if any, upon resolution of issues raised by the taxing authorities may differ from the amounts accrued for each year. Although we do not expect that our balance of gross unrecognized tax benefits will change materially in the next 12 months, given the uncertainty in the development of ongoing income tax examinations, we are unable to estimate the full range of possible adjustments to this balance. 
The Company is routinely subject to various federal, state and foreign audits by taxing authorities. The Company believes that adequate amounts have been provided for any adjustments that may result from these examinations.
The following table summarizes the Company’s major tax jurisdictions and the tax years that remain subject to examination by such jurisdictions as of July 3, 2021:
Tax JurisdictionsTax Years
United States*2002 and onward
Canada2020 and onward
China2016 and onward
France2018 and onward
Germany2016 and onward
Korea2016 and onward
United Kingdom2019 and onward
*Although the Company is generally subject to a three-year statute of limitations in the U.S., tax authorities maintain the ability to adjust tax attribute carryforwards generated in earlier years.