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INCOME TAXES
12 Months Ended
Sep. 27, 2019
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
 
The U.S. and foreign income before income taxes for the respective years consisted of the following:

 
2019
 
2018
 
2017
United States
$
59,261

 
$
57,888

 
$
41,463

Foreign
7,246

 
10,218

 
6,747

 
$
66,507

 
$
68,106

 
$
48,210



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

 
2019
 
2018
 
2017
Current:
 
 
 
 
 
Federal
$
11,074

 
$
12,390

 
$
13,154

State
2,752

 
4,482

 
2,361

Foreign
1,422

 
1,678

 
1,455

Deferred
(154
)
 
8,887

 
(3,917
)
 
$
15,094

 
$
27,437

 
$
13,053



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:

 
2019
 
2018
Deferred tax assets:
 
 
 
Inventories
$
1,478

 
$
1,477

Compensation
6,890

 
6,930

Tax credit carryforwards
3,554

 
3,890

Net operating loss carryforwards
4,073

 
4,399

Other
7,103

 
6,458

Total gross deferred tax assets
23,098

 
23,154

Less valuation allowance
5,964

 
6,402

Deferred tax assets
17,134

 
16,752

Deferred tax liabilities:
 

 
 

Goodwill and other intangibles
1,988

 
1,236

Depreciation and amortization
5,143

 
4,759

Foreign statutory reserves
192

 
724

Net deferred tax assets
$
9,811

 
$
10,033


 
The net deferred tax assets recorded in the accompanying Consolidated Balance Sheets as of the years ended September 27, 2019 and September 28, 2018 were as follows:

 
2019
 
2018
Non-current assets
$
11,449

 
$
11,748

Non-current liabilities
1,638

 
1,715

Net deferred tax assets
$
9,811

 
$
10,033



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:

 
2019
 
2018
 
2017
 
Statutory U.S. federal income tax rate
21.0
 %

24.5
 %
**
35.0
 %
 
State income tax, net of federal benefit
4.3
 %
 
4.1
 %
 
4.0
 %
 
Uncertain tax positions, net of settlements
(0.5
)%
 
2.2
 %
 
0.9
 %
 
Foreign-derived intangible income ("FDII") deduction
(0.9
)%
 
 %
 
 %
 
Section 199 manufacturer's deduction
 %
 
(2.2
)%
 
(2.8
)%
 
Taxes related to foreign income, net of credits
0.5
 %

0.1
 %

(9.8
)%
*
Compensation
(0.7
)%

1.5
 %

 %
 
Tax rate or law change
(0.2
)%
 
12.3
 %
 
 %
 
Other
(0.8
)%
 
(2.2
)%
 
(0.2
)%
 
 
22.7
 %
 
40.3
 %
 
27.1
 %
 

* Rate benefit is primarily from excess foreign tax credits generated by a dividend repatriation in the first quarter of fiscal 2018.
** The federal statutory rate is a blended rate which reflects 35% through December 31, 2017 and the lower rate of 21.0% beginning on January 1, 2018 due to tax reform.

The Tax Act included a new provision designed to tax global intangible low taxed income (“GILTI”) starting in fiscal 2019. The Company elected to record the tax effects of the GILTI provision as a period expense in the applicable tax year.

The Company’s net operating loss carryforwards and their expirations as of September 27, 2019 were as follows:

 
State
 
Foreign
 
Total
Year of expiration
 
 
 
 
 
2020-2024
$
1,697

 
$
3,524

 
$
5,221

2025-2029
2,712

 
2,526

 
5,238

2030-2034
11,247

 

 
11,247

2035-2039
135

 

 
135

Indefinite

 
5,560

 
5,560

Total
$
15,791

 
$
11,610

 
$
27,401



The Company has tax credit carryforwards as follows:

 
State
 
Federal
 
Total
Year of expiration
 
 
 
 
 
2020-2024
$
1,745

 
$

 
$
1,745

2025-2029
1,211

 

 
1,211

2030-2034
598

 

 
598

2035-2039

 

 

Indefinite

 

 

Total
$
3,554

 
$

 
$
3,554


 
A reconciliation of the beginning and ending amount of unrecognized tax benefits follows:

 
2018
 
2017
Beginning balance
$
8,829


$
5,489

Gross increases - tax positions in prior period
63


2,962

Gross decreases - tax positions in prior period


(105
)
Gross increases - tax positions in current period
855


1,064

Settlements
(463
)


Lapse of statute of limitations

(1,353
)

(581
)
Ending balance
$
7,931


$
8,829


 
The total accrued interest and penalties with respect to income taxes was approximately $1,942 and $1,863 for the years ended September 27, 2019 and September 28, 2018, respectively.  The Company’s liability for unrecognized tax benefits as of September 27, 2019 was $7,931, and if recognized, $5,469 would have an effective tax rate impact.

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.  Interest and penalties of $79, $537 and $246 were recorded as a component of income tax expense in the accompanying Consolidated Statements of Operations during fiscal years 2019, 2018 and 2017, respectively.

The Company’s policy is to remit earnings from foreign subsidiaries only to the extent the remittance does not result in an incremental U.S. tax liability. The Company does not currently provide for the additional U.S. and foreign income taxes which would become payable upon remission of undistributed earnings of foreign subsidiaries. If all undistributed earnings were remitted, an additional income tax provision of approximately $1.3 million would have been necessary as of September 27, 2019.
The Company files income tax returns, including returns for its subsidiaries, with federal, state, local and foreign taxing jurisdictions. During the year ended September 27, 2019, the Company concluded income tax 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 that 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 following tax years remain subject to examination by the Company's respective major tax jurisdictions:

Jurisdiction
Fiscal Years
United States
2016-2019
Canada
2015-2019
France
2016-2019
Germany
2017-2019
Italy
2018-2019
Switzerland
2009-2019