PROVISION FOR INCOME TAXES
The components of the provision for income taxes are as follows:
| | FISCAL YEAR ENDED |
(in thousands) | | February 25, 2017 | | February 27, 2016 | | February 28, 2015 |
| | | | | | |
Current: | | | | | | |
Federal | | $ | 313,571 | | | $ | 389,039 | | | $ | 504,154 | |
State and local | | | 42,101 | | | | 39,991 | | | | 64,486 | |
| | | 355,672 | | | | 429,030 | | | | 568,640 | |
| | | | | | | | | | | | |
Deferred: | | | | | | | | | | | | |
Federal | | | 20,295 | | | | 42,592 | | | | (18,245 | ) |
State and local | | | 4,580 | | | | 14,334 | | | | (4,034 | ) |
| | | 24,875 | | | | 56,926 | | | | (22,279 | ) |
| | $ | 380,547 | | | $ | 485,956 | | | $ | 546,361 | |
At
February
25,
2017
and
February
26,
2016,
included in other current assets is a net current deferred income tax asset of
$218.9
million and
$201.5
million, respectively, and included in deferred rent and other liabilities is a net noncurrent deferred income tax liability of
$23.4
million and
$2.4
million, respectively. These amounts represent the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The significant components of the Company’s deferred tax assets and liabilities consist of the following:
| | February 25, | | February 27, |
(in thousands) | | 2017 | | 2016 |
| | | | |
Deferred tax assets: | | | | | | | | |
Inventories | | $ | 33,120 | | | $ | 30,470 | |
Deferred rent and other rent credits | | | 73,577 | | | | 74,182 | |
Insurance | | | 60,789 | | | | 51,238 | |
Stock-based compensation | | | 41,715 | | | | 39,417 | |
Nonqualified deferred compensation plan | | | 27,857 | | | | 21,688 | |
Merchandise credits and gift card liabilities | | | 63,031 | | | | 66,496 | |
Accrued expenses | | | 57,401 | | | | 46,226 | |
Obligations on distribution facilities | | | 40,363 | | | | 40,704 | |
Net operating loss carryforwards and other tax credits | | | 18,186 | | | | 22,253 | |
Other | | | 84,232 | | | | 69,088 | |
| | | | | | | | |
Deferred tax liabilities: | | | | | | | | |
Depreciation | | | (137,144 | ) | | | (104,781 | ) |
Goodwill | | | (69,127 | ) | | | (62,252 | ) |
Intangibles | | | (82,688 | ) | | | (81,150 | ) |
Other | | | (15,843 | ) | | | (14,525 | ) |
| | $ | 195,469 | | | $ | 199,054 | |
At
February
25,
2017,
the Company has federal net operating loss carryforwards of
$9.6
million (tax effected), which will begin expiring in
2025,
state net operating loss carryforwards of
$4.5
million (tax effected), which will expire between
2016
and
2031,
California state enterprise zone credit carryforwards of
$3.1
million (tax effected), which will expire in
2023,
but require taxable income in the enterprise zone to be realizable and other tax credits of
$1.0
million (tax effected).
The Company has not established a valuation allowance for the net deferred tax asset as it is considered more likely than not that it is realizable through a combination of future taxable income and the deductibility of future net deferred tax liabilities.
The following table summarizes the activity related to the gross unrecognized tax benefits from uncertain tax positions:
| | February 25, | | February 27, |
(in thousands) | | 2017 | | 2016 |
| | | | |
Balance at beginning of year | | $ | 72,807 | | | $ | 79,985 | |
| | | | | | | | |
Increase related to current year positions | | | 14,491 | | | | 16,662 | |
Increase related to prior year positions | | | 413 | | | | 2,104 | |
Decrease related to prior year positions | | | (4,202 | ) | | | (14,698 | ) |
Settlements | | | - | | | | (5,865 | ) |
Lapse of statute of limitations | | | (7,094 | ) | | | (5,381 | ) |
| | | | | | | | |
Balance at end of year | | $ | 76,415 | | | $ | 72,807 | |
Gross unrecognized tax benefits are classified in non-current income taxes payable (or a contra deferred tax asset) on the consolidated balance sheet for uncertain tax positions taken (or expected to be taken) on a tax return. As of
February
25,
2017
and
February
27,
2016,
approximately
$76.3
million and
$72.7
million, respectively, of gross unrecognized tax benefits would impact the Company’s effective tax rate. As of
February
25,
2017
and
February
27,
2016,
the liability for gross unrecognized tax benefits included approximately
$8.1
million and
$10.5
million, respectively, of accrued interest. The Company recorded a decrease of interest of approximately
$2.4
million and
$2.5
million, respectively, for the years ended
February
25,
2017
and
February
27,
2016
for gross unrecognized tax benefits in the consolidated statement of earnings.
The Company anticipates that any adjustments to gross unrecognized tax benefits which will impact income tax expense, due to the expiration of statutes of limitations, could be approximately
$3
to
$4
million in the next
twelve
months. However, actual results could differ from those currently anticipated.
As of
February
25,
2017,
the Company operated in all
50
states, the District of Columbia, Puerto Rico, Canada and several other international countries and files income tax returns in the United States and various state, local and international jurisdictions. The Company is open to examination for state and local jurisdictions with varying statutes of limitations, generally ranging from
three
to
five
years.
For fiscal
2016,
the effective tax rate is comprised of the Federal statutory income tax rate of
35.00%,
the State income tax rate, net of Federal benefit, of
3.25%,
provision for uncertain tax positions of
0.28%
and other income tax benefits of
2.82%.
For fiscal
2015,
the effective tax rate is comprised of the Federal statutory income tax rate of
35.00%,
the State income tax rate, net of Federal benefit, of
3.07%,
provision for uncertain tax positions of
0.07%
and other income tax benefits of
1.53%.
For fiscal
2014,
the effective tax rate is comprised of the Federal statutory income tax rate of
35.00%,
the State income tax rate, net of Federal benefit, of
3.01%,
provision for uncertain tax positions of
0.04%
and other income tax benefits of
1.72%.