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Income Taxes
6 Months Ended
Jun. 30, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

9.

Income Taxes

 

On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the “2017 Tax Act”) was enacted, which, among other things, lowered the U.S. corporate income tax rate to 21% from 35% and established a modified territorial system requiring a mandatory deemed repatriation tax on undistributed earnings of foreign subsidiaries. Beginning in 2018, the 2017 Tax Act also requires a minimum tax on certain earnings generated by foreign subsidiaries while providing for tax-free repatriation of such earnings through a 100% dividends-received deduction. The Company’s effective income tax rate in 2017 included a provisional charge of $56,560, recorded in the fourth quarter of 2017, related to the 2017 Tax Act using information and estimates available as of December 30, 2017. Given the significant complexity of the 2017 Tax Act, recent and anticipated further guidance from the U.S. Treasury about implementing the 2017 Tax Act and the potential for additional guidance from the SEC or the FASB related to the 2017 Tax Act or additional information becoming available, the Company’s provisional charge may be adjusted during 2018 and is expected to be finalized no later than the fourth quarter of 2018. Other provisions of the 2017 Tax Act that impact future tax years are still being assessed.  The aforementioned guidance and additional information regarding the 2017 Tax Act may also impact the Company’s 2018 effective income tax rate, exclusive of any adjustment to the provisional charge.

 

Additionally, the Company continues to evaluate the impact of the Global Intangible Low Taxes Income (“GILTI”) provisions under the 2017 Tax Act which are complex and subject to continuing regulatory interpretation by the U.S. Internal Revenue Service (“IRS”). The Company is required to make an accounting policy election of either (1) treating taxes due on future U.S. inclusions in taxable income related to GILTI as a current period expense when incurred (the “period cost policy”) or (2) factoring such amounts into the Company’s measurement of its deferred taxes (the “deferred policy”). The Company’s accounting policy election with respect to the new GILTI Tax rules will depend, in part, on further guidance issued by the IRS, and on analyzing its global income to determine whether it can reasonably estimate the tax impact. While the Company has included an estimate of GILTI in its estimated effective tax rate for 2018, it has not completed its analysis and is not yet able to determine which method to elect. Adjustments related to the amount of GILTI Tax recorded in its consolidated financial statements may be required based on the outcome of this election.

 

The effective tax rates for the three and six months ended June 30, 2018 were 21.9% and 6.2%, respectively. The effective tax rates for the three and six months ended July 1, 2017 were 36.5% and 23.2%, respectively. For the six months ended June 30, 2018, the primary difference between the U.S. federal statutory tax rate and the Company’s consolidated effective tax rate was due to the $22,155 tax benefit related to tax windfalls from stock compensation and a $1,859 tax benefit related to the cessation of operations of the Company’s Mexican subsidiary.  

For the six months ended July 1, 2017, the primary difference between the U.S. federal statutory tax rate and the Company’s consolidated effective tax rate was due to the $11,633 tax benefit related to the cessation of operations of the Company’s Spanish subsidiary, partially offset by $604 of tax expense related to tax shortfalls in connection with the updated guidance on stock compensation the Company adopted in the first quarter of fiscal 2017.

The differences between the U.S. federal statutory tax rate and the Company’s consolidated effective tax rate is as follows:

 

 

 

Three Months Ended

 

 

Six Months Ended

 

 

 

June 30,

 

 

July 1,

 

 

June 30,

 

 

July 1,

 

 

 

2018

 

 

2017

 

 

2018

 

 

2017

 

U.S. federal statutory tax rate

 

 

21.0

%

 

 

35.0

%

 

 

21.0

%

 

 

35.0

%

State income taxes (net of federal benefit)

 

 

2.2

%

 

 

1.8

%

 

 

2.3

%

 

 

2.4

%

Cessation of operations

 

 

0.0

%

 

 

0.4

%

 

 

(1.6

%)

 

 

(16.0

%)

Research and development credit

 

 

(0.1

%)

 

 

(1.1

%)

 

 

(0.4

%)

 

 

(2.2

%)

Tax (windfall) shortfall on share-based awards

 

 

(4.5

%)

 

 

(0.8

%)

 

 

(18.9

%)

 

 

0.8

%

Section 162m limitation

 

 

0.2

%

 

 

0.0

%

 

 

0.3

%

 

 

0.0

%

Increase in valuation allowance due to net operating loss

 

 

0.1

%

 

 

0.1

%

 

 

0.4

%

 

 

1.2

%

Impact of Foreign Ops

 

 

2.3

%

 

 

0.4

%

 

 

2.3

%

 

 

0.7

%

Other

 

 

0.7

%

 

 

0.7

%

 

 

0.8

%

 

 

1.3

%

Total effective tax rate

 

 

21.9

%

 

 

36.5

%

 

 

6.2

%

 

 

23.2

%