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Income Taxes
12 Months Ended
Sep. 30, 2018
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
Income taxes consist of the following in each fiscal year (in thousands):
 
 
2018
 
2017
 
2016
Current:
 
 
 
 
 
 
Federal
 
$
51,454

 
$
79,038

 
$
23,768

State
 
4,922

 
12,368

 
3,679

 
 
56,376

 
91,406

 
27,447

Deferred:
 
 
 
 
 
 
Federal
 
23,462

 
(13,176
)
 
28,455

State
 
1,890

 
(2,898
)
 
4,838

 
 
25,352

 
(16,074
)
 
33,293

Income tax expense from continuing operations
 
$
81,728

 
$
75,332

 
$
60,740

 
 
 
 
 
 
 
Income tax expense (benefit) from discontinued operations
 
$
15,700

 
$
(4,119
)
 
$
10,453


A reconciliation of the federal statutory income tax rate to our effective tax rate for continuing operations is as follows:
 
 
2018
 
2017
 
2016
Computed at federal statutory rate
 
24.5
 %
 
35.0
 %
 
35.0
 %
Non-cash impact of the Tax Act
 
17.5
 %
 
 %
 
 %
State income taxes, net of federal tax benefit
 
4.7
 %
 
3.8
 %
 
3.7
 %
Stock compensation excess tax benefit
 
(1.1
)%
 
 %
 
 %
Benefit of jobs tax credits, net of valuation allowance
 
(0.4
)%
 
(0.4
)%
 
(1.0
)%
Benefit related to COLIs
 
(0.4
)%
 
(1.1
)%
 
(1.5
)%
Other, net
 
(0.9
)%
 
(0.4
)%
 
0.1
 %
 
 
43.9
 %
 
36.9
 %
 
36.3
 %

The tax effects of temporary differences that give rise to significant portions of deferred tax assets and deferred tax liabilities at each fiscal year-end are presented below (in thousands):
 
 
2018
 
2017
Deferred tax assets:
 
 
 
 
Accrued defined benefit pension and postretirement benefits
 
$
34,776

 
$
67,334

Impairment
 
11,388

 
18,697

Accrued insurance
 
8,994

 
14,701

Tax loss and tax credit carryforwards
 
7,458

 
11,841

Share-based compensation
 
4,936

 
9,715

Lease commitments related to closed or refranchised locations
 
4,696

 
9,382

Accrued incentive compensation
 
2,055

 
628

Accrued vacation pay expense
 
2,034

 
1,560

Deferred income
 
1,535

 
2,289

Other reserves and allowances
 
851

 
1,386

Interest rate swaps
 
181

 
8,855

Other, net
 
2,206

 
2,960

Total gross deferred tax assets
 
81,110

 
149,348

Valuation allowance
 
(3,554
)
 
(8,507
)
Total net deferred tax assets
 
77,556

 
140,841

Deferred tax liabilities:
 
 
 
 
Intangible assets
 
(10,492
)
 
(15,995
)
Leasing transactions
 
(2,790
)
 
(758
)
Property and equipment, principally due to differences in depreciation
 
(1,855
)
 
(18,406
)
Other
 
(279
)
 
(564
)
Total gross deferred tax liabilities
 
(15,416
)
 
(35,723
)
Net deferred tax assets
 
$
62,140

 
$
105,118



The Tax Act was enacted into law on December 22, 2017. The Tax Act included a reduction in the U.S. federal statutory corporate income tax rate (the “Tax Rate”) from 35% to 21% and introduced new limitations on certain business deductions. As a result, we recognized a non-cash tax provision expense impact of $32.5 million, primarily related to the re-measurement of our deferred tax assets and liabilities due to the reduced tax rate.
Deferred tax assets as of September 30, 2018 include state net operating loss carry-forwards of approximately $43.5 million expiring at various times between 2019 and 2037. At September 30, 2018, we recorded a valuation allowance of $3.6 million which decreased from the $8.5 million at October 1, 2017 primarily due to the release of the valuation allowance on state tax credits and net operating losses. We believe that it is more likely than not that the remaining net operating loss and credit carry-forwards will not be realized and that all other deferred tax assets will be realized through future taxable income or alternative tax strategies.
The major jurisdictions in which the Company files income tax returns include the United States and states in which we operate that impose an income tax. The federal statutes of limitations have not expired for fiscal years 2015 and forward. The statutes of limitations for California and Texas, which constitute the Company’s major state tax jurisdictions, have not expired for fiscal years 2014 and forward and 2013 and forward, respectively.