Entity information:

15. Income Taxes

The provision for income taxes for the fiscal years 2017, 2016 and 2015 consists of the following (in thousands):

                                                                                                                                                                                    

 

 

Fiscal Year Ended
September 30,

 

 

 

2017

 

2016

 

2015

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

97,332

 

$

87,088

 

$

113,023

 

Foreign

 

 

10,394

 

 

8,795

 

 

9,531

 

State

 

 

8,700

 

 

13,816

 

 

13,686

 

​  

​  

​  

​  

​  

​  

Total current portion

 

 

116,426

 

 

109,699

 

 

136,240

 

​  

​  

​  

​  

​  

​  

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

14,559

 

 

20,915

 

 

7,963

 

Foreign

 

 

(2,314

)

 

(932

)

 

(1,461

)

State

 

 

1,951

 

 

1,436

 

 

655

 

​  

​  

​  

​  

​  

​  

Total deferred portion

 

 

14,196

 

 

21,419

 

 

7,157

 

​  

​  

​  

​  

​  

​  

Total provision for income taxes

 

$

130,622

 

$

131,118

 

$

143,397

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

The difference between the U.S. statutory federal income tax rate and the effective income tax rate is summarized below:

                                                                                                                                                                                    

 

 

Fiscal Year Ended
September 30,

 

 

 

2017

 

2016

 

2015

 

Statutory tax rate

 

 

35.0

%

 

35.0

%

 

35.0

%

State income taxes, net of federal tax benefit

 

 

2.2

 

 

2.9

 

 

2.7

 

Effect of foreign operations

 

 

0.3

 

 

(0.4

)

 

(0.1

)

Other, net

 

 

0.3

 

 

(0.5

)

 

0.3

 

​  

​  

​  

​  

​  

​  

Effective tax rate

 

 

37.8

%

 

37.0

%

 

37.9

%

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

The tax effects of temporary differences that give rise to our deferred tax assets and liabilities are as follows (in thousands):

                                                                                                                                                                                    

 

 

At September 30,

 

 

 

2017

 

2016

 

Deferred tax assets attributable to:

 

 

 

 

 

 

 

Share-based compensation expense

 

$

16,057

 

$

18,425

 

Accrued liabilities

 

 

19,695

 

 

32,145

 

Inventory adjustments

 

 

6,602

 

 

4,492

 

Foreign loss carryforwards

 

 

41,267

 

 

36,419

 

Unrecognized tax benefits

 

 

571

 

 

532

 

Other

 

 

2,214

 

 

3,225

 

​  

​  

​  

​  

Total deferred tax assets

 

 

86,406

 

 

95,238

 

Valuation allowance

 

 

(42,379

)

 

(36,571

)

​  

​  

​  

​  

Total deferred tax assets, net

 

 

44,027

 

 

58,667

 

​  

​  

​  

​  

Deferred tax liabilities attributable to:

 

 

 

 

 

 

 

Depreciation and amortization

 

 

133,264

 

 

131,201

 

​  

​  

​  

​  

Total deferred tax liabilities

 

 

133,264

 

 

131,201

 

​  

​  

​  

​  

Net deferred tax liability

 

$

89,237

 

$

72,534

 

​  

​  

​  

​  

​  

​  

​  

​  

We believe that it is more-likely-than-not that the results of future operations will generate sufficient taxable income to realize the deferred tax assets, net of the valuation allowance. We have recorded a valuation allowance to account for uncertainties regarding recoverability of certain deferred tax assets, primarily foreign loss carry-forwards.

Domestic earnings before provision for income taxes were $332.5 million, $327.1 million and $362.1 million in the fiscal years 2017, 2016 and 2015, respectively. Foreign operations had earnings before provision for income taxes of $13.2 million, $27.0 million and $16.4 million in the fiscal years 2017, 2016 and 2015, respectively.

Tax reserves are evaluated and adjusted as appropriate, while taking into account the progress of audits by various taxing jurisdictions and other changes in relevant facts and circumstances evident at each balance sheet date. We do not expect the outcome of current or future tax audits to have a material adverse effect on our consolidated financial condition, results of operations or cash flow.

At September 30, 2017, undistributed earnings of our foreign operations are intended to remain permanently invested to finance anticipated future growth and expansion. Accordingly, federal and state income taxes have not been provided on accumulated but undistributed earnings of $286.8 million and $263.0 million as of September 30, 2017 and 2016, respectively, as such earnings have been permanently reinvested in the foreign operations. A determination of the amount of the unrecognized deferred tax liability related to the undistributed earnings is not practicable.

At September 30, 2017 and 2016, we had total operating loss carry-forwards of $135.6 million and $117.9 million, respectively, of which $117.0 million and $104.0 million, respectively, are subject to a valuation allowance. At September 30, 2017, operating loss carry-forwards of $19.2 million expire between 2018 and 2029 and operating loss carry-forwards of $116.4 million have no expiration date. At September 30, 2017 and 2016, the Company had tax credit carry-forwards of $2.8 million and $3.1 million, respectively, including, at September 30, 2017, tax credit carry-forwards of $1.4 million that expire between 2024 and 2027, and tax credit carry-forwards of $1.4 million that have no expiration date. Tax credit carry-forwards of $1.2 million and $0.4 million are subject to a valuation allowance at September 30, 2017 and 2016, respectively.

The changes in the amount of unrecognized tax benefits are as follows (in thousands):

                                                                                                                                                                                    

 

 

Fiscal Year
Ended
September 30,

 

 

 

2017

 

2016

 

Balance at beginning of the fiscal year

 

$

1,295

 

$

2,982

 

Increases related to prior year tax positions

 

 

182

 

 

447

 

Decreases related to prior year tax positions

 

 

 

 

(18

)

Increases related to current year tax positions

 

 

254

 

 

275

 

Settlements

 

 

 

 

(2,261

)

Lapse of statute

 

 

(264

)

 

(130

)

​  

​  

​  

​  

Balance at end of fiscal year

 

$

1,467

 

$

1,295

 

​  

​  

​  

​  

​  

​  

​  

​  

If recognized, these positions would affect our effective tax rate.

We recognize interest and penalties, accrued in connection with unrecognized tax benefits, in provision for income taxes. Accrued interest and penalties, in the aggregate, were $0.2 million at both September 30, 2017 and 2016.

Because existing tax positions will continue to generate increased liabilities for unrecognized tax benefits over the next 12 months, and the fact that from time to time our tax returns are routinely under audit by various taxing authorities, it is reasonably possible that the amount of unrecognized tax benefits will change during the next 12 months. An estimate of the amount of such change, or a range thereof, cannot reasonably be made at this time. However, we do not expect the change, if any, to have a material effect on our consolidated financial condition or results of operations within the next 12 months.

The IRS has concluded the field work associated with its examination of our consolidated federal income tax returns for the fiscal years ended September 30, 2007 through September 30, 2016, and issued its examination reports. The Company is currently seeking relief from double taxation through competent authority on certain cross-border adjustments related to the fiscal years ended September 30, 2007 through September 30, 2012, and it does not anticipate the ultimate resolution of these items to have a material impact on its financial statements.

Our consolidated federal income tax return for the fiscal year ended September 30, 2017 is currently under IRS examination. Pending the resolution of the adjustments discussed in the preceding paragraph, our statute remains open for the years ended September 30, 2007 through September 30, 2012, and from the year ended September 30, 2014 forward. Our foreign subsidiaries are impacted by various statutes of limitations, which are generally open from 2012 forward. Generally, states' statutes in the United States are open for tax reviews from 2007 forward.