v3.6.0.2
Income Taxes
12 Months Ended
Jan. 28, 2017
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES

Income tax provision consisted of the following:
 
Fiscal
 
2016
 
2015
 
2014
 
(in thousands)
Current:
 
 
 
 
 
Federal
$
61,506

 
$
64,416

 
$
80,205

Foreign
954

 
941

 
716

State and local
9,149

 
9,186

 
16,832

Total current tax expense
71,609

 
74,543

 
97,753

Deferred:
 
 
 
 
 
Federal
4,972

 
8,035

 
(1,616
)
Foreign
674

 
817

 

State and local
1,598

 
411

 
255

Total deferred tax expense
7,244

 
9,263

 
(1,361
)
Income tax provision
$
78,853

 
$
83,806

 
$
96,392



The following presents a reconciliation of the income tax provision at the U.S. federal statutory tax rate and the total tax provision:
 
Fiscal
 
2016
 
2015
 
2014
 
(in thousands)
Income tax expense at federal statutory rate
$
71,186

 
$
76,944

 
$
87,297

State and local taxes, net of federal benefit
7,212

 
7,847

 
8,808

Foreign
802

 
1,031

 
(405
)
Other
(347
)
 
(2,016
)
 
692

Income tax provision
$
78,853

 
$
83,806

 
$
96,392


The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities are as follows:


January 28, 2017
 
January 30, 2016
 
(in thousands)
Deferred tax assets:
 
 
 
State bonus depreciation
$
2,989

 
$
3,558

Inventory
9,298

 
7,961

Construction and tenant allowances
2,386

 
3,454

Stock-based compensation
11,216

 
10,799

Equity earnings
1,560

 
829

Gift cards
3,928

 
3,730

Accrued expenses
2,747

 
3,354

Accrued rewards
4,568

 
4,016

Accrued rent
18,007

 
18,212

Other
3,124

 
2,847

 
59,823

 
58,760

Less: valuation allowance
(1,972
)
 
(1,250
)
Total deferred tax assets, net of valuation allowance
57,851

 
57,510

Deferred tax liabilities:
 
 
 
Property and equipment
(31,923
)
 
(32,215
)
Change in fair value of contingent consideration
(8,075
)
 

Prepaid expenses and other
(2,919
)
 
(3,480
)
Total deferred tax liabilities
(42,917
)

(35,695
)
Net deferred tax asset
$
14,934

 
$
21,815



We establish valuation allowances for deferred tax assets when the amount of expected future taxable income is not likely to support the use of the deduction or credit. The valuation allowance is related to a capital loss carryforward, state income tax credits and state income tax refunds.

As of January 28, 2017, U.S. taxes have not been provided on unremitted earnings of subsidiaries operating outside of the U.S. These earnings, which are considered to be invested indefinitely, would become subject to income tax if we elected to distribute these foreign earnings in the future. Determination of the amount of unrecognized deferred U.S. income tax liability on these unremitted earnings is not practicable.

Changes in gross unrecognized tax benefits were as follows:
 
Fiscal
 
2016
 
2015
 
2014
 
(in thousands)
Unrecognized tax benefits - beginning of period
$
5,767

 
$
5,073

 
$
2,691

Additions for tax positions taken in the current year
2,513

 
2,109

 
2,494

Reductions for tax positions taken in prior years:
 
 
 
 
 
Changes in estimates

 

 

Lapses of applicable statutes of limitations
(475
)
 
(854
)
 

Settlements
(1,032
)
 
(561
)
 
(112
)
Unrecognized tax benefits - end of period
$
6,773

 
$
5,767

 
$
5,073


As of January 28, 2017, January 30, 2016 and January 31, 2015, unrecognized tax benefits of $4.8 million, $3.9 million and $3.4 million, respectively, of the total unrecognized tax benefits would affect the effective tax rate if recognized. While it is expected that the amount of unrecognized tax benefits will change in the next 12 months, any changes are not expected to have a material impact on our financial position, results of operations or cash flows. We recognize interest and penalties related to unrecognized tax benefits as a component of the income tax provision. Interest and penalties were not material for fiscal 2016, 2015 and 2014.

We are no longer subject to U.S federal income tax examination for years prior to fiscal 2014 and state income tax examinations for years prior to 2011. We have various state income tax returns in the process of examination. We estimate the range of possible changes that may result from any current and future tax examinations to be insignificant at this time.