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Note 13 - Taxes on Income
12 Months Ended
Jan. 01, 2017
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
NOTE
13
– TAXES ON INCOME
 
Provisions for federal, foreign and state income taxes in the consolidated statements of operations consisted of the following components:
 
   
FISCAL YEAR
 
   
2016
   
2015
   
2014
 
 
 
(in thousands)
 
Current expense/(benefit):
                       
Federal
  $
6,886
    $
1,524
    $
224
 
Foreign
   
12,934
     
9,279
     
5,555
 
State
   
1,633
     
1,403
     
712
 
                         
     
21,453
     
12,206
     
6,491
 
Deferred expense/(benefit):
                       
Federal
   
6,186
     
19,971
     
3,856
 
Foreign
   
(1,937
)    
3,795
     
493
 
State
   
(728
)    
(2,624
)    
94
 
                         
     
3,521
     
21,142
     
4,443
 
                         
    $
24,974
    $
33,348
    $
10,934
 
 
 
Income before taxes on income consisted of the following:
 
   
FISCAL YEAR
 
   
2016
   
2015
   
2014
 
 
 
(in thousands)
 
U.S. operations
  $
38,357
    $
58,318
    $
10,345
 
Foreign operations
   
40,779
     
47,448
     
25,397
 
                         
    $
79,136
    $
105,766
    $
35,742
 
 
Deferred income taxes for the years ended
January
1,
2017,
and
January
3,
2016,
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 Company expects to utilize in its
2016
U.S. federal tax return
$18.0
million of its federal net operating loss carryforwards from share-based payment awards and has recorded a related tax benefit of
$6.3
million to additional paid-in capital in accordance with applicable accounting standards.
 
At
January
1,
2017,
the Company had approximately
$14
million in U.S. federal net operating loss carryforwards with expiration dates through
2032,
of which
$14
million is from share-based payment awards. In accordance with applicable accounting standards, a financial statement benefit has not been recorded for the net operating loss carryforward related to the share-based payment awards. The Company’s foreign subsidiaries had approximately
$3.8
million in net operating loss carryforwards, the majority of which is available for an unlimited carryforward period. The Company expects to utilize all of its U.S. federal and foreign carryforwards prior to their expiration. The Company had approximately
$108.9
million in state net operating loss carryforwards relating to continuing operations with expiration dates through
2035.
The Company has provided a valuation allowance against
$40.2
million of such losses, which the Company does not expect to utilize. In addition, the Company has approximately
$58.7
million in state net operating loss carryforwards relating to discontinued operations against which a full valuation allowance has been provided.
 
The sources of the temporary differences and their effect on the net deferred tax asset are as follows:
 
   
2016
   
2015
 
   
ASSETS
   
LIABILITIES
   
ASSETS
   
LIABILITIES
 
 
 
(in thousands)
 
Basis differences of property and equipment
  $
0
    $
14,419
    $
0
    $
16,254
 
Basis difference of intangible assets
   
978
     
0
     
0
     
368
 
Foreign currency
   
0
     
3,216
     
0
     
5,375
 
Net operating loss carryforwards
   
3,627
     
0
     
5,575
     
0
 
Valuation allowances on net operating loss carryforwards
   
(2,500
)    
0
     
(4,457
)    
0
 
Federal tax credits
   
5,711
     
0
     
4,580
     
0
 
Deferred compensation
   
26,546
     
0
     
26,352
     
0
 
Basis difference of inventory
   
4,009
     
0
     
2,390
     
0
 
Basis difference of prepaids, accruals and reserves
   
6,273
     
0
     
6,556
     
0
 
Pensions
   
3,435
     
0
     
1,075
     
0
 
Undistributed earnings from foreign subsidiaries not deemed to be indefinitely reinvested
   
0
     
1,704
     
0
     
1,226
 
Basis difference of other assets and liabilities
   
0
     
351
     
0
     
517
 
                                 
    $
48,079
    $
19,690
    $
42,071
    $
23,740
 
 
Deferred tax assets and liabilities are included in the accompanying balance sheets as follows:
 
   
FISCAL YEAR
 
   
2016
   
2015
 
 
 
(in thousands)
 
Deferred income taxes (current asset)
  $
10,030
    $
8,726
 
Deferred tax asset (non-current asset)
   
27,221
     
20,110
 
Deferred income taxes (non-current liabilities)
   
(8,862
)    
(10,505
)
    $
28,389
    $
18,331
 
 
Management believes, based on the Company’s history of taxable income and expectations for the future, that it is more likely than not that future taxable income will be sufficient to fully utilize the federal deferred tax assets at
January
1,
2017.
 
As of
January
1,
2017,
and
January
3,
2016,
non-current deferred tax assets
were reduced by approximately
$5.0
million and
$14.2
million, respectively, of unrecognized tax benefits.
 
The Company’s effective tax rate was
31.6%,
31.5%
and
30.6%
for fiscal years
2016,
2015
and
2014,
respectively. The following summary reconciles income taxes at the U.S. federal statutory rate of
35%
to the Company’s actual income tax expense:
 
 
   
FISCAL YEAR
 
   
2016
   
2015
   
2014
 
 
 
(in thousands)
 
Income taxes at U.S federal statutory rate
  $
27,698
    $
37,018
    $
12,510
 
Increase (decrease) in taxes resulting from:
                       
State income taxes, net of federal tax effect
   
1,861
     
3,003
     
57
 
Non-deductible business expenses
   
538
     
614
     
570
 
Non-deductible employee compensation
   
361
     
168
     
491
 
Tax effects of Company owned life insurance
   
(199
)    
128
     
(395
)
Tax effects of undistributed earnings from foreign subsidiaries not deemed to be indefinitely reinvested
   
463
     
458
     
362
 
Foreign and U.S. tax effects attributable to foreign operations
   
(3,963
)    
(3,347
)    
(3,021
)
Valuation allowance effect – State NOL
   
(1,272
)    
(3,797
)    
468
 
Federal tax credits
   
(494
)    
(352
)    
0
 
Other
   
(19
)    
(545
)    
(108
)
Income tax expense
  $
24,974
    $
33,348
    $
10,934
 
 
 
The Company does not provide for deferred U.S. income taxes on the undistributed earnings of its foreign subsidiaries that are considered to be indefinitely reinvested outside of the U.S. as determination of the amount of unrecognized deferred U.S. income tax liability related to the indefinitely reinvested earnings is not practicable because of the complexities associated with its hypothetical calculation. At
January
1,
2017,
approximately
$279
million of undistributed earnings of the Company’s foreign subsidiaries are deemed to be indefinitely reinvested outside of the U.S., on which foreign withholding taxes of approximately
$5.9
 million would be payable upon remittance. This amount represents the estimated accumulated earnings and profits for all foreign subsidiaries excluding subsidiaries within Canada. Any future dividend distributions of these foreign earnings
may
be subject to both U.S. federal and state income taxes, as adjusted for foreign tax credits, and withholding taxes payable.
 
At
January
1,
2017,
the Company has provided for approximately
$1.6
million in U.S. federal income taxes and approximately
$0.2
million in foreign withholding taxes on approximately
$4.8
million of undistributed earnings from foreign subsidiaries within Canada that are not deemed to be indefinitely reinvested outside of the U.S.
 
The Company’s federal income tax returns are subject to examination for the years
2003
to the present. The Company files returns in numerous state and local jurisdictions and in general it is subject to examination by the state tax authorities for the years
2011
to the present. The Company files returns in numerous foreign jurisdictions and in general it is subject to examination by the foreign tax authorities for the years
2006
to the present.
 
As of
January
1,
2017
and
January
3,
2016,
the Company had
$27.9
million and
$28.3
million, respectively, of unrecognized tax benefits. If the
$27.9
million of unrecognized tax benefits as of
January
1,
2017
are recognized, there would be a favorable impact on the Company’s effective tax rate in future periods. If the unrecognized tax benefits are not favorably settled,
$18.3
million of the total amount of unrecognized tax benefits would require the use of cash in future periods. The Company recognizes accrued interest and income tax penalties related to unrecognized tax benefits as a component of income tax expense. As of
January
1,
2017,
the Company had accrued interest and penalties of
$1.4
million, which is included in the total unrecognized tax benefit noted above.
 
Management believes changes to our unrecognized tax benefits that are reasonably possible in the next
12
months will not have a significant impact on our financial positions or results of operations.  The timing of the ultimate resolution of the Company’s tax matters and the payment and receipt of related cash is dependent on a number of factors, many of which are outside the Company’s control.
 
A reconciliation of the beginning and ending amounts of gross unrecognized tax benefits is as follows:
 
 
 
FISCAL YEAR
 
 
 
201
6
 
 
201
5
 
 
201
4
 
 
 
(in thousands)
 
Balance at beginning of year
  $
28,271
    $
27,301
    $
27,361
 
Increases related to tax positions taken during the current year
   
690
     
641
     
875
 
Increases related to tax positions taken during the prior years    
148
     
1,230
     
1,157
 
Decreases related to tax positions taken during the prior years
   
(695
)    
(194
)    
(697
)
Decreases related to settlements with taxing authorities
   
0
     
0
     
0
 
Decreases related to lapse of applicable statute of limitations
   
(403
)    
(367
)    
(919
)
Changes due to foreign currency translation
   
(123
)    
( 340
)    
(476
)
Balance at end of year
  $
27,888
    $
28,271
    $
27,301