(14) Income Taxes

For the fiscal years ended February 3, 2018, January 28, 2017 and January 30, 2016, the income tax provision consisted of the following:


	February 3,		January 28,		January 30,
	2018		2017		2016
Current:
Federal	$	12,718	$	14,919	$	12,341
State		1,868		2,530		1,982
Total current		14,586		17,449		14,323
Deferred:
Federal		780		164		2,746
State		(278)		3		316
Total deferred		502		167		3,062
Total income tax provision	$	15,088	$	17,616	$	17,385

The provision for income taxes differs from the amounts computed by applying the federal statutory rate as follows for the following periods:


	February 3,			January 28,			January 30,
	2018			2017			2016
Federal statutory rate		33.7	%		35	%		35	%
State tax, net of federal benefit		3.8			3.6			3.5
Permanent items		2.0			(0.4)			0.2
Other items		(0.2)			(0.9)			(0.2)
Tax reform adjustment		6.7			—			—
Effective income tax rate		46.0	%		37.3	%		38.5	%

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at February 3, 2018 and January 31, 2017, respectively, are presented below:


	February 3,		January 28,
	2018		2017
Deferred tax assets:
Accrued liabilities	$	369	$	517
Deferred rent		11,703		14,833
Intangible asset		1,456		1,756
Inventories		1,906		2,757
Sales return reserve		175		372
Capital loss carryforward		41		63
Stock-based compensation		304		939
Loyalty program		1,374		—
Total gross deferred tax assets	$	17,328	$	21,237
Deferred tax liabilities:
Depreciation	$	(11,999)	$	(15,468)
Prepaid expenses		(603)		(672)
Gift card escheatment		(131)		—
Total gross deferred tax liabilities	$	(12,733)	$	(16,140)
Net deferred tax asset	$	4,595	$	5,097

On December 22, 2017 the U.S. Government enacted comprehensive tax legislation commonly referred to as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act made broad and complex changes to existing U.S. tax laws that impact the Company. Most notably, the Tax Act reduced the U.S. Federal corporate tax rate from 35 percent to 21 percent effective January 1, 2018. The Tax Act also provides for the acceleration of depreciation for certain assets placed in service after September 27, 2017. The Tax Act also established prospective changes beginning in 2018 including the limitations on the deductibility of certain executive compensation and interest expense. The Company does not expect these limitations to have a significant impact on our consolidated financial statements.

The Company recognized the income tax effects of the Tax Act in its 2017 financial statements in accordance with SEC Staff Accounting Bulletin No. 118 (“SAB 118”), which provides guidance for the application of ASC 740, Income Taxes, in the reporting period in which the Tax Act was signed into law. SAB 118 provides a measurement period that should not extend beyond one year from the Tax Act enactment date for companies to complete the accounting under ASC 740. In accordance with SAB 118, a company must reflect the income tax effects of those aspects of the Tax Act for which the accounting under ASC 740 is complete. To the extent a company’s accounting for certain income tax effects of the Tax Act is incomplete but it is able to determine a reasonable estimate, it must record a provisional estimate in the financial statements.

Pursuant to SAB 118, the Company is allowed a measurement period of up to one year after the enactment date of the Tax Act to finalize the recording of the related tax impacts. However, the Company does not have any provisional estimates associated with the Tax Act and has recorded a tax expense related to the net change in deferred tax assets of $2,600 for 2017.

As a result of the Tax Act, the Company has recorded a discrete net tax expense of $2,153 in the period ending February 3, 2018. The primary components of this tax expense include $2,600 for the revaluation of U.S deferred tax assets and liabilities at the new corporate tax rate of 21 percent, offset by a tax benefit of $447 due to the reduction in effective rate based on the time of enactment of the tax law and our fiscal year-end.

Deferred tax assets have resulted primarily from the Company’s future deductible temporary differences. In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax asset will not be realized. The Company’s ability to realize its deferred tax assets depends upon the generation of sufficient future taxable income as well as the ability to use historical taxable income to allow for the utilization of its deductible temporary differences.

Management evaluates the realizability of the deferred tax assets and the need for additional valuation allowances quarterly. At February 3, 2018, based on current facts and circumstances, management believes that it is more likely than not that the Company will realize benefit for its deferred tax assets.

As of February 3, 2018, the Company had no unrecognized tax benefits. The Company does not anticipate that unrecognized tax benefits will significantly increase or decrease within 12 months of the reporting date. Federal and state tax years that remain subject to examination are periods ended February 2, 2013 through January 28, 2017.

The Company’s policy is to accrue interest expense, and penalties as appropriate, on estimated unrecognized tax benefits as a charge to interest expense in the consolidated statements of income. During fiscal year 2017, the Company accrued interest and penalties of $95.