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Income Taxes
12 Months Ended
May 31, 2020
Income Taxes
6. Income Taxes
Income before income taxes by source consists of the following amounts:
 
Year ended May 31
 
(in thousands)
 
2020
 
 
2019
 
 
2018
 
U.S.
  $
62,329
    $
58,479
    $
62,310
 
Foreign
   
9,976
     
14,480
     
11,155
 
                         
  $
72,305
    $
72,959
    $
73,465
 
                         
The provision for income taxes consists of the following:
 
Year ended May 31
 
(in thousands)
 
2020
 
 
2019
 
 
2018
 
Current
 
 
 
 
 
 
 
 
 
Domestic
   
     
     
 
Federal
  $
6,886
    $
7,173
    $
  9,715
 
Uncertain tax provision
   
269
     
13
     
(963
)
State
   
1,262
     
1,265
     
1,377
 
Foreign
   
2,475
     
3,758
     
3,066
 
Deferred
 
 
 
 
 
 
 
 
 
Domestic
   
     
     
 
Federal
   
1,964
     
1,031
     
(1,981
)
State
   
195
     
98
     
(355
)
Foreign
   
(221
)    
(555
)    
(609
)
 
                         
Provision for Income Taxes
  $
12,830
    $
12,783
    $
10,250
 
                         
The reconciliation of income taxes computed at the U.S. federal statutory tax rate to income tax expense is as follows:
 
Year ended May 31
 
(in thousands)
 
2020
 
 
2019
 
 
2018
 
Tax at U.S. statutory rate
  $
15,184
    $
15,321
    $
21,459
 
Permanent differences
   
360
     
(56
)    
 
Section 199 domestic production deduction
   
—  
     
—  
     
(1,167
)
Global intangible
low-taxed
income (GILTI)
   
438
     
840
     
—  
 
Foreign derived intangible income deduction (FDII)
   
(1,120
)    
(1,531
)    
—  
 
Foreign rate differential
   
(182
)    
495
     
(461
)
Subpart F income
   
634
     
842
     
816
 
Tax benefits on stock-based compensation
   
(1,998
)    
(2,586
)    
(4,816
)
Changes in tax contingencies - Increase/(Release)
   
269
     
13
     
(1,035
)
Provision for state income taxes, net of federal benefit
   
1,412
     
1,251
     
975
 
Remeasurement of deferred taxes
   
—  
     
—  
     
(6,022
)
Transition tax on foreign earnings and profits
   
—  
     
—  
     
1,223
 
Tax
c
redits
   
(1,417
)    
(1,726
)    
(1,151
)
Other
  
 
(750
  
 
(80
  
 
429
 
                         
Tax Expense
  $
12,830
    $
12,783
    $
10,250
 
                         
On June 1, 2017, the Company adopted ASU No.
2016-09—Compensation-Stock
Compensation (Topic 718): Improvements to Employee Share-Based Payment Accounting, which simplifies the accounting for share-based payments to employees. The guidance requires the recognition of the income effects of awards in the income statement when the awards vest or are settled, thus eliminating additional
paid-in
capital pools. The guidance also allows for a policy election to account for forfeitures as they occur, rather than on an estimated basis, and requires that excess tax benefits be classified as an operating activity on the Statement of Cash Flows. The adoption of this ASU decreased income tax expense by $2.0 million in fiscal 2020, by $2.6 million in fiscal 2019 and by $4.8 million in fiscal 2018.
On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the U.S. Tax Act) was signed into law, making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a federal corporate tax rate decrease from 35% to 21% for tax years beginning after December 31, 2017, the transition of U.S. international taxation from a worldwide tax system to a territorial system, and a
one-time
transition tax on the mandatory deemed repatriation of foreign earnings. The U.S. Tax Act also includes a provision to tax global intangible
low-taxed
income (GILTI) of foreign subsidiaries and a deduction for foreign derived intangible income (FDII), both of which became effective for the Company beginning June 1, 2018.
In fiscal 2018, the Company recorded a net benefit of $4.8 million related to the U.S. Tax Act, due to the impact of the reduction in the tax rate on deferred tax assets and liabilities of $6.0 million, partially offset by $1.2 million of
one-time
transition tax on the deemed repatriation of foreign earnings. In fiscal 2019, the Company finalized its calculation of these amounts and recorded immaterial adjustments to income tax expense; the Company also recorded expense of $840,000 related to GILTI and a tax benefit of $1.5 million related to FDII.
Foreign tax credits, primarily offsetting taxes associated with Subpart F and GILTI income, were $945,000, $1,296,000 and $791,000 in fiscal years 2020, 2019 and 2018, respectively. The Company’s U.S.
research and development credits
were $472,000, $430,000 and $422,000 in fiscal years 2020, 2019 and 2018, respectively.
Deferred income taxes reflect the 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. Significant components of our deferred income tax liabilities and assets are as follows:
 
Year ended May 31
 
(in thousands)
 
2020
 
 
2019
 
Deferred income tax liabilities
   
     
 
Indefinite and long-lived assets
  $
(20,867
)   $
(18,963
)
Prepaid expenses
   
(795
)    
(586
)
                 
   
(21,662
)    
(19,549
)
Deferred income tax assets
   
     
 
Stock
o
ptions
   
1,479
     
1,497
 
Inventories and accounts receivable
   
1,336
     
1,315
 
Tax loss carryforwards
   
484
     
417
 
Accrued expenses and other
   
657
     
1,109
 
Less: Valuation
a
llowance
   
(419
)    
(407
)
                 
   
3,537
     
3,931
 
                 
Net deferred income tax liabilities
  $
(18,125
)   $
(15,618
)
                 
The Company has the following net operating loss carryforwards:
 
As of
 
 
 
Jurisdiction
 
May 31, 2020
 
 
Expiry
 
U.S.
  $
408
     
2037 to indefinite
 
Foreign
   
1,354
     
2024 to 2039
 
                 
  $
  1,762
     
 
                 
We are subject to income taxes in the U.S. (federal and state) and in num
e
rous foreign jurisdictions. Significant judgment is required in evaluating our tax positions and determining our provision for income taxes. During the ordinary course of business, there are transactions and calculations for which the ultimate tax determination is uncertain. We establish reserves for
tax-related
uncertainties based on estimates of whether, and the extent to which, additional taxes will be due. These reserves are established when we believe that certain positions might be challenged despite our belief that our tax return positions are fully supportable. We adjust these reserves in light of changing facts and circumstances, such as the outcome of tax audits. The provision for income taxes includes the impact of reserve provisions and changes to reserves that are considered appropriate.
The reconciliation of our tax
uncertainties
is as follows:
 
Year ended May 31
 
(in thousands)
 
2020
 
 
2019
 
 
2018
 
Beginning balance
  $
611
    $
598
    $
1,633
 
Increase/(decrease) related to prior periods
   
56
     
(106
)    
(1,157
)
 
Increase to current period
   
213
     
119
     
122
 
                         
Ending balance
  $
880
    $
611
    $
598
 
                         
The Company is no longer subject to examination by the Internal Revenue Service for fiscal year 2016 and preceding years.