NOTE 13: INCOME TAXES
In December 2017, the Tax Act was signed into law. Among numerous other provisions, the Tax Act significantly revises the U.S. federal corporate income tax by reducing the statutory rate from 35% to 21%, imposing a mandatory one-time transition tax on accumulated unrepatriated earnings of foreign subsidiaries and enhancing and extending the option to claim accelerated depreciation on qualified property. The Tax Act also revises tax laws that will affect 2018, including, but not limited to, eliminating certain deductions for executive compensation and limiting the deduction for interest. We have reasonably estimated the effects of the Tax Act and recorded provisional amounts in our Consolidated Financial Statements as of February 3, 2018. Net earnings included $42 related to the Tax Act, which includes a provisional one-time, non-cash charge of $51 related to the revaluation of our net deferred tax assets for the change in statutory tax rate and for the impacts associated with the future limitations on executive compensation, partially offset by cash tax savings from a lower federal tax rate. As we complete our analysis of the Tax Act and interpret any additional guidance issued by the U.S. Treasury Department, the IRS and other standard-setting bodies, we may make adjustments to the provisional amounts, which may materially impact our provision for income taxes in the period in which the adjustments are recorded.
U.S. and foreign components of earnings before income taxes were as follows: |
| | | | | | | | | | | |
Fiscal year | 2017 |
| | 2016 |
| | 2015 |
|
U.S. |
| $803 |
| |
| $687 |
| |
| $996 |
|
Foreign | (13 | ) | | (3 | ) | | (20 | ) |
Earnings before income taxes |
| $790 |
| |
| $684 |
| |
| $976 |
|
Income tax expense consists of the following: |
| | | | | | | | | | | |
Fiscal year | 2017 |
| | 2016 |
| | 2015 |
|
Current income taxes: | | | | | |
Federal |
| $291 |
| |
| $290 |
| |
| $202 |
|
State and local | 51 |
| | 54 |
| | 32 |
|
Foreign | — |
| | 1 |
| | — |
|
Total current income tax expense | 342 |
| | 345 |
| | 234 |
|
Deferred income taxes: | | | | | |
Federal | 10 |
| | (17 | ) | | 123 |
|
State and local | 1 |
| | (5 | ) | | 23 |
|
Foreign | — |
| | 7 |
| | (4 | ) |
Total deferred income tax (benefit) expense | 11 |
| | (15 | ) | | 142 |
|
Total income tax expense |
| $353 |
| |
| $330 |
| |
| $376 |
|
A reconciliation of the statutory federal income tax rate to the effective tax rate on earnings before income taxes is as follows: |
| | | | | | | | |
Fiscal year | 2017 |
| | 2016 |
| | 2015 |
|
Statutory rate1 | 33.7 | % | | 35.0 | % | | 35.0 | % |
Tax Act impact | 6.1 | % | | — |
| | — |
|
Goodwill impairment | — |
| | 10.1 | % | | — |
|
State and local income taxes, net of federal income taxes | 4.5 | % | | 5.1 | % | | 4.1 | % |
Non-deductible acquisition-related items | 0.3 | % | | 0.6 | % | | 0.4 | % |
Federal credits | (0.7 | %) | | (0.6 | %) | | (0.6 | %) |
Other, net | 0.8 | % | | (2.0 | %) | | (0.3 | %) |
Effective tax rate | 44.7 | % | | 48.2 | % | | 38.6 | % |
1 The statutory rate in 2017 is reduced due to tax reform.
The components of deferred tax assets and liabilities are as follows: |
| | | | | | | |
| February 3, 2018 |
| | January 28, 2017 |
|
Compensation and benefits accruals |
| $148 |
| |
| $209 |
|
Allowance for sales returns | 50 |
| | 76 |
|
Credit card receivable transaction | 8 |
| | 13 |
|
Accrued expenses | 27 |
| | 39 |
|
Merchandise inventories | 12 |
| | 43 |
|
Gift cards | 27 |
| | 33 |
|
Federal benefit of state taxes | 16 |
| | 18 |
|
Net operating losses | 22 |
| | 12 |
|
(Loss) Gain on sale of interest rate swap | (1 | ) | | 4 |
|
Other | 3 |
| | 18 |
|
Total deferred tax assets | 312 |
| | 465 |
|
Valuation allowance | (51 | ) | | (37 | ) |
Total net deferred tax assets | 261 |
| | 428 |
|
Land, property and equipment basis and depreciation differences | (109 | ) | | (258 | ) |
Debt exchange premium | (14 | ) | | (23 | ) |
Total deferred tax liabilities | (123 | ) | | (281 | ) |
Net deferred tax assets |
| $138 |
| |
| $147 |
|
As of February 3, 2018, our state and foreign net operating loss carryforwards for income tax purposes were approximately $11 and $64. As of January 28, 2017, our state and foreign net operating loss carryforwards for income tax purposes were approximately $11 and $37. The net operating loss carryforwards are subject to certain statutory limitations of the Internal Revenue Code, applicable state laws and applicable foreign laws. If not utilized, a portion of our state and foreign net operating loss carryforwards will begin to expire in 2031 and 2033. Management believes it is more likely than not that certain state and foreign net operating loss carryforwards and deferred tax assets of foreign subsidiaries will not be realized in the foreseeable future. As such, a valuation allowance of $51 and $37 have been recorded as of February 3, 2018 and January 28, 2017.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows: |
| | | | | | | | | | | |
Fiscal year | 2017 |
| | 2016 |
| | 2015 |
|
Unrecognized tax benefit at beginning of year |
| $32 |
| |
| $19 |
| |
| $15 |
|
Gross increase to tax positions in prior periods | 2 |
| | 16 |
| | 6 |
|
Gross decrease to tax positions in prior periods | (7 | ) | | — |
| | (2 | ) |
Gross increase to tax positions in current period | 5 |
| | 2 |
| | 2 |
|
Lapses in statute | (1 | ) | | (5 | ) | | (2 | ) |
Unrecognized tax benefit at end of year |
| $31 |
| |
| $32 |
| |
| $19 |
|
At the end of 2017 and 2016, $18 and $19 of the ending gross unrecognized tax benefit related to items which, if recognized, would affect the effective tax rate.
Our income tax expense included an increase to expense of $1 in 2017 for tax-related interest and penalties. There were no significant changes to expense in 2016 and 2015. At the end of 2017 and 2016, our liability for interest and penalties was $3 and $2.
We file income tax returns in the U.S. and a limited number of foreign jurisdictions. With few exceptions, we are no longer subject to federal, state and local, or non-U.S. income tax examinations for years before 2013. Unrecognized tax benefits related to federal, state and local tax positions may decrease by $6 by February 2, 2019, due to the completion of examinations and the expiration of various statutes of limitations.