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Income Taxes
12 Months Ended
Oct. 02, 2015
Income Taxes [Abstract]  
Income Taxes

6INCOME TAXES

The U.S. and foreign income before income taxes for the respective years consisted of the following:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015

2014

2013

United States

$

11,886 

$

11,592 

$

19,885 

Foreign

 

3,867 

 

5,830 

 

4,775 

 

$

15,753 

$

17,422 

$

24,660 

 

 

 

 

 

 

 

 

Income tax expense for the respective years consisted of the following:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015

2014

2013

Current:

 

 

 

 

 

 

Federal

$

4,916 

$

3,888 

$

2,832 

State

 

882 

 

403 

 

470 

Foreign

 

1,469 

 

1,886 

 

1,437 

Deferred

 

(2,130)

 

2,122 

 

594 

 

$

5,137 

$

8,299 

$

5,333 

 

 

 

 

 

 

 

The tax effects of temporary differences that give rise to deferred tax assets and deferred tax liabilities at the end of the respective years are presented below: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015

2014

 

Deferred tax assets:

 

 

 

 

 

 

Inventories

$

2,495 

$

1,809 

 

 

Compensation

 

12,312 

 

10,362 

 

 

Tax credit carryforwards

 

4,888 

 

3,462 

 

 

Net operating loss carryforwards

 

6,360 

 

7,333 

 

 

Other

 

5,532 

 

4,635 

 

 

Total gross deferred tax assets

 

31,587 

 

27,601 

 

 

Less valuation allowance

 

9,786 

 

8,734 

 

 

Deferred tax assets

 

21,801 

 

18,867 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

Goodwill and other intangibles

 

1,185 

 

989 

 

 

Depreciation and amortization

 

5,411 

 

4,795 

 

 

Foreign statutory reserves

 

520 

 

503 

 

 

Net deferred tax assets

$

14,685 

$

12,580 

 

 

 

 

 

 

 

 

 

 

The net deferred tax assets recorded in the accompanying Consolidated Balance Sheet as of the years ended October 2, 2015 and October 3, 2014 were as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015

2014

 

Current assets

$

10,649 

$

8,360 

 

 

Non-current assets

 

5,218 

 

5,353 

 

 

Non-current liabilities

 

1,182 

 

1,133 

 

 

Net deferred tax assets

$

14,685 

$

12,580 

 

 

 

 

 

 

 

 

 

 

The significant differences between the statutory federal tax rate and the effective income tax rates for the Company for the respective years shown below were as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015

2014

2013

Statutory U.S. federal income tax rate

 

35.0 

%

35.0 

%

35.0 

%

Foreign rate differential

 

(2.4)

 

(0.5)

 

(4.1)

 

State income tax, net of federal benefit

 

2.4 

 

4.4 

 

4.5 

 

Tax credit

 

(18.8)

 

(6.3)

 

(3.1)

 

Deferred tax asset valuation allowance

 

10.0 

 

(4.3)

 

(11.5)

 

Unrecognized tax benefit

 

1.7 

 

5.4 

 

 -

 

Goodwill impairment

 

0.0 

 

10.4 

 

 -

 

Other

 

4.7 

 

3.6 

 

0.8 

 

 

 

32.6 

%

47.7 

%

21.6 

%

 

 

 

 

 

 

 

 

The Company’s net operating loss carryforwards and their expirations as of October 2, 2015 were as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State

Foreign

Total

Year of expiration

 

 

 

 

 

 

2016-2020

$

1,357 

$

2,263 

$

3,620 

2021-2025

 

3,232 

 

3,298 

 

6,530 

2026-2030

 

30,149 

 

 -

 

30,149 

2031-2035

 

1,693 

 

 -

 

1,693 

Indefinite

 

 -

 

7,150 

 

7,150 

Total

$

36,431 

$

12,711 

$

49,142 

 

 

 

 

 

 

 

The Company has tax credit carryforwards comprised of state credits as shown in the table below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State

Federal

Total

Year of expiration

 

 

 

 

 

 

2016-2020

$

1,408 

$

 -

$

1,408 

2021-2025

 

1,851 

 

 -

 

1,851 

2026-2030

 

1,058 

 

 -

 

1,058 

2031-2035

 

478 

 

 -

 

478 

Indefinite

 

 -

 

93 

 

93 

Total

$

4,795 

$

93 

$

4,888 

 

 

 

 

 

 

 

Under generally accepted accounting principles, the Company considers at each reporting period all available evidence, both positive and negative, to determine whether, based on the weight of that evidence, a valuation allowance is needed to reduce its deferred tax asset to an amount that is more likely than not to be realized.  The determination of the need for a valuation allowance for the deferred tax assets is dependent upon management’s evaluation of both positive and negative evidence.  Positive evidence includes the probability of achieving forecasted future taxable income, applicable tax strategies and assessments of the current and future economic and business conditions.  Negative evidence includes a jurisdiction’s cumulative losses and expiring tax carryforwards.  

 

The negative impact of the valuation allowance in 2015 was primarily the result of more likely than not realizing a significant portion of the U.S. state deferred tax assets.  In the fourth quarter of 2015, the Company reached the conclusion that it was appropriate to (1) release the valuation allowance against the Italian deferred tax assets due to the sustained positive operating performance of its Italy operations and (2) setup a valuation allowance against the deferred tax assets in Australia and Switzerland due to continued negative operating performance in both of these jurisdictions.

 

The positive impact of the valuation allowance in fiscal 2014 of a  tax benefit was primarily the result of earnings in Italy, Netherlands, Spain and United Kingdom offsetting operating losses in France, Japan and New Zealand.  The Company believed at that time that the negative evidence continued to outweigh the positive evidence and, as such, the valuation allowance during fiscal 2014 remained in place.

 

For 2013, the positive impact of the valuation allowance on tax expense was primarily the result of the expected usage of foreign tax credits, offset in part by increases in foreign valuation allowances.  Operating losses in France, Netherlands, New Zealand and the United Kingdom were partially offset by income in Italy, Spain and Japan.

 

Taxes paid were $2,269,  $6,581 and $2,399 for 2015, 2014 and 2013, respectively. 

 

In accordance with its accounting policy, the Company recognizes accrued interest and penalties related to unrecognized tax benefits as a component of income tax expense. The total accrued interest and penalties with respect to income taxes was approximately $787 and $778 for the years ended October 2, 2015 and October 3, 2014, respectively.  Interest and penalties of $148,  $186 and ($21) were recorded as a component of income tax expense (benefit) in the accompanying Consolidated Statements of Operations during fiscal years 2015, 2014 and 2013, respectively. 

 

A reconciliation of the beginning and ending amount of unrecognized tax benefits for the last three fiscal years was as follows:

 

 

 

 

 

 

Balance at September 28, 2012

$

1,900 

Settlement

 

(186)

Lapse of statute of limitations

 

(214)

Gross increases - tax positions in  period

 

655 

Balance at September 27, 2013

$

2,155 

Settlement

 

 -

Lapse of statute of limitations

 

(161)

Gross increases - tax positions in  period

 

1,097 

Balance at October 3, 2014

$

3,091 

Settlement

 

(103)

Lapse of statute of limitations

 

(329)

Gross increases - tax positions in  period

 

698 

Balance at October 2, 2015

$

3,357 

 

 

 

The Company has not provided additional U.S. income taxes on $104,481 of undistributed earnings of consolidated foreign subsidiaries included in shareholders’ equity attributable to the Company.  Such earnings could become taxable upon the sale or liquidation of these foreign subsidiaries or upon dividend repatriation.  The Company’s intent is for such earnings to be reinvested by the subsidiaries or to be repatriated only when it would be tax effective through the utilization of foreign tax credits.  It is not practicable to estimate the amount of unrecognized withholding taxes and deferred tax liability on such earnings.  As of October 2, 2015, the Company held approximately $55,492 of cash and cash equivalents in foreign jurisdictions.

 

The Company is currently undergoing examinations in Italy and Germany.  The amount of unrecognized tax benefits recognized within the next twelve months may decrease due to expiration of the statute of limitations for certain years in various jurisdictions.  However, it is possible that a jurisdiction may open an audit prior to the statute expiring or one of the aforementioned audits may result in adjustments to the Company’s tax filings.  At this time, an estimate of the range of the reasonably possible change cannot be made. 

 

The Company files income tax returns, including returns for its subsidiaries, with federal, state, local and foreign taxing jurisdictions. The following tax years remain subject to examination by the respective major tax jurisdictions:

 

Jurisdiction

Fiscal Years

United States

2012-2015

Canada

2011-2015

France

2011-2015

Germany

2010-2015

Italy

2010-2015

Japan

2012-2015

Switzerland

2005-2015