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Income Taxes
12 Months Ended
Jan. 29, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 9. INCOME TAXES

The Company's income (loss) before income taxes in the United States and in foreign jurisdictions is as follows:

 

(in thousands)

 

Fiscal 2020

 

 

Fiscal 2019

 

 

Fiscal 2018

 

Income before income taxes

 

 

 

 

 

 

 

 

 

 

 

 

United States

 

$

173

 

 

$

21,406

 

 

$

16,297

 

Foreign

 

 

12,419

 

 

 

(44

)

 

 

(6,666

)

Total income before income taxes

 

$

12,592

 

 

$

21,362

 

 

$

9,631

 

 

Certain foreign operations are branches of Lands’ End and are subject to U.S. as well as foreign income tax.  The pretax income by location and the analysis of the income tax provision by taxing jurisdiction are not directly related.

 

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

 

 

(in thousands)

 

Fiscal 2020

 

 

Fiscal 2019

 

 

Fiscal 2018

 

United States

 

$

725

 

 

$

2,105

 

 

$

(1,959

)

Foreign

 

 

1,031

 

 

 

(33

)

 

 

 

Total provision (benefit)

 

$

1,756

 

 

$

2,072

 

 

$

(1,959

)

 

(in thousands)

 

Fiscal 2020

 

 

Fiscal 2019

 

 

Fiscal 2018

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

8,334

 

 

$

979

 

 

$

(4,457

)

State

 

 

3,675

 

 

 

1,549

 

 

 

2,275

 

Foreign

 

 

517

 

 

 

 

 

 

 

Total current

 

 

12,526

 

 

 

2,528

 

 

 

(2,182

)

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(8,413

)

 

 

340

 

 

 

1,650

 

State

 

 

(2,871

)

 

 

(763

)

 

 

(1,427

)

Foreign

 

 

514

 

 

 

(33

)

 

 

 

Total deferred

 

 

(10,770

)

 

 

(456

)

 

 

223

 

Total provision (benefit)

 

$

1,756

 

 

$

2,072

 

 

$

(1,959

)

 

A reconciliation of the statutory federal income tax rate to the effective income tax rate is as follows:

 

 

 

Fiscal 2020

 

 

Fiscal 2019

 

 

Fiscal 2018

 

 

Tax at statutory federal tax rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

 

State income taxes, net of federal tax benefit

 

 

5.0

%

 

 

2.9

%

 

 

10.0

%

 

Foreign differential

 

 

2.7

%

 

 

(4.0

)%

 

 

(4.6

)%

 

Permanent differences

 

 

16.8

%

 

 

4.3

%

 

 

23.4

%

 

CARES Act

 

 

(24.6

)%

 

 

%

 

 

%

 

Repatriation of foreign earnings

 

 

%

 

 

%

 

 

(38.4

)%

 

Uncertain tax benefits

 

 

(1.6

)%

 

 

(0.8

)%

 

 

(38.6

)%

 

Change in foreign valuation allowance

 

 

(3.8

)%

 

 

4.2

%

 

 

19.2

%

 

Foreign branches

 

 

%

 

 

(15.9

)%

 

 

%

 

Other, net

 

 

(1.6

)%

 

 

(2.0

)%

 

 

(12.3

)%

 

Total

 

 

13.9

%

 

 

9.7

%

 

 

(20.3

)%

 

 

 

Deferred tax assets and liabilities consisted of the following:

 

(in thousands)

 

January 29,

2021

 

 

January 31,

2020

 

 

February 1,

2019

 

Deferred tax assets

 

 

 

 

 

 

 

 

 

 

 

 

Deferred revenue

 

$

4,882

 

 

$

3,797

 

 

$

3,053

 

Legal accruals

 

 

3,551

 

 

 

1,938

 

 

 

1,714

 

Deferred compensation

 

 

16,147

 

 

 

12,507

 

 

 

10,360

 

Reserve for returns

 

 

3,072

 

 

 

2,654

 

 

 

2,271

 

Inventory

 

 

6,390

 

 

 

3,413

 

 

 

3,690

 

CTA investment in foreign subsidiaries

 

 

2,987

 

 

 

3,453

 

 

 

3,505

 

Operating lease liabilities

 

 

9,677

 

 

 

10,319

 

 

 

 

Other

 

 

2,668

 

 

 

2,764

 

 

 

3,041

 

Net operating loss carryforward

 

 

3,093

 

 

 

6,018

 

 

 

5,117

 

Total deferred tax assets

 

 

52,467

 

 

 

46,863

 

 

 

32,751

 

Less valuation allowance

 

 

(3,896

)

 

 

(6,526

)

 

 

(5,079

)

Net deferred tax assets

 

$

48,571

 

 

$

40,337

 

 

$

27,672

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities

 

 

 

 

 

 

 

 

 

 

 

 

Intangible assets

 

$

62,372

 

 

$

62,397

 

 

$

62,959

 

LIFO reserve

 

 

15,191

 

 

 

17,503

 

 

 

16,382

 

Property and equipment

 

 

8,660

 

 

 

7,208

 

 

 

5,098

 

Operating lease right-of-use assets

 

 

7,882

 

 

 

8,586

 

 

 

 

Catalog advertising

 

 

1,812

 

 

 

2,294

 

 

 

1,903

 

Total deferred tax liabilities

 

 

95,917

 

 

 

97,988

 

 

 

86,342

 

Net deferred tax liability

 

$

47,346

 

 

$

57,651

 

 

$

58,670

 

 

As of January 29, 2021, the Company had $8.5 million of state net operating loss (“NOL”) carryforwards (generating a $0.6 million deferred tax asset) available to offset future taxable income. The state NOL carryforwards generally expire between 2022 and 2038 with certain state NOLs generated after 2017 having indefinite carryforward. The Company’s foreign subsidiaries had $8.9 million of NOL carryforwards (generating a $2.5 million deferred tax asset) available to offset future taxable income. These foreign NOLs can be carried forward indefinitely, however, a valuation allowance was established since the future utilization of these NOLs is uncertain.

A reconciliation of the beginning and ending amount of UTBs is as follows:

 

 

 

Fiscal 2020

 

 

Fiscal 2019

 

 

Fiscal 2018

 

Gross UTB balance at beginning of period

 

$

1,202

 

 

$

1,458

 

 

$

4,531

 

Tax positions related to the prior periods - gross

   decreases

 

 

(190

)

 

 

(179

)

 

 

(2,588

)

Settlements

 

 

 

 

 

(77

)

 

 

(485

)

Gross UTB balance at end of period

 

$

1,012

 

 

$

1,202

 

 

$

1,458

 

 

As of January 29, 2021, the Company had UTBs of $1.0 million. Of this amount, $0.8 million would, if recognized, impact its effective tax rate. The Company does not expect that UTBs will fluctuate significantly in the next 12 months for tax audit settlements and the expiration of the statute of limitations for certain jurisdictions. Tax years 2015 through 2019 remain open for examination by the Internal Revenue Service as well as various state and foreign jurisdictions.

The Company classifies interest expense and penalties related to UTBs and interest income on tax overpayments as components of income tax expense. As of January 29, 2021, the total amount of interest expense and penalties recognized on the balance sheet was $0.6 million ($0.5 million net of federal benefit). As of January 31, 2020, the total amount of interest and penalties recognized on the balance sheet was $0.7 million ($0.6 million net of federal benefit). The total amount of net interest expense recognized in the Consolidated Statements of Operations was insignificant for all periods presented. The Company files income tax returns in both the United States and various foreign jurisdictions.

Impacts of the Tax Act

On December 22, 2017, the Tax Act was signed into law. The Tax Act contains significant changes to corporate taxation, including (i) the reduction of the corporate income tax rate to 21%, (ii) the acceleration of expensing for certain business assets, (iii) the nonrecurring transition tax related to the transition of U.S. international tax from a worldwide tax system to a territorial tax system, (iv) the repeal of the domestic production deduction, (v) additional limitations on the deductibility of interest expense, and (vi) expanded limitations on the deductibility of executive compensation.

In December 2017, the SEC staff issued Staff Accounting Bulletin (SAB) 118 to provide guidance for companies that had not completed their accounting for the income tax effects of the Tax Act. Due to the complexities involved in accounting for the enactment of the Tax Act, SAB 118 allowed for a provisional estimate of the impacts of the Tax Act in the Company’s earnings for the year ended February 2, 2018, as well as up to a one-year measurement period that ended on December 22, 2018, for any subsequent adjustments to such provisional estimate. Pursuant to SAB 118, the Company completed its analysis of the impacts of the Tax Act, including analyzing the effects of any Internal Revenue Service (IRS) and U.S. Treasury guidance issued, and state tax law changes enacted, within the maximum one-year measurement period resulting in an additional $3.7 million benefit in Fiscal 2018.

Impacts of the CARES Act

In response to the COVID-19 pandemic, the CARES Act was signed into law on March 27, 2020. The CARES Act, among other things, includes provisions related to refundable payroll tax credits, deferment of employer side social security payments, net operating loss utilization and carryback periods, modifications to the net interest deduction limitations, increased limitations on qualified charitable contributions, and technical corrections to tax depreciation methods for qualified improvement property. In Fiscal 2020, the Company recorded a $3.1 million benefit related to the technical corrections aspect of the CARES Act related to carryback of net operating losses in years beginning in 2017.