Income Taxes
Total income taxes were allocated as follows (in thousands):
|
| | | | | | | | | | | |
| Year Ended November 30, |
| 2017 | | 2016 | | 2015 |
Income tax expense | $ | 147,340 |
| | $ | 14,566 |
| | $ | 18,898 |
|
Stockholders’ equity, compensation expense for tax purposes less than amounts recognized for financial reporting purposes | — |
| | 4,186 |
| | 5,935 |
|
The provision for income tax expense consists of the following components (in thousands):
|
| | | | | | | | | | | |
| Year Ended November 30, |
| 2017 | | 2016 | | 2015 |
Current: | | | | | |
U.S. Federal | $ | 147,065 |
| | $ | 27,473 |
| | $ | (45,007 | ) |
U.S. state and local | 30,611 |
| | 6,196 |
| | (28,260 | ) |
Foreign | 12,910 |
| | (5,090 | ) | | 3,369 |
|
Total current | 190,586 |
| | 28,579 |
| | (69,898 | ) |
Deferred: | | | | | |
U.S. Federal | (53,157 | ) | | (11,249 | ) | | 74,085 |
|
U.S. state and local | 1,760 |
| | (4,819 | ) | | 22,811 |
|
Foreign | 8,151 |
| | 2,055 |
| | (8,100 | ) |
Total deferred | (43,246 | ) | | (14,013 | ) | | 88,796 |
|
Total income tax expense | $ | 147,340 |
| | $ | 14,566 |
| | $ | 18,898 |
|
The following table presents the U.S. and non-U.S. components of income before income tax expense (in thousands):
|
| | | | | | | | | | | |
| Year Ended November 30, |
| 2017 | | 2016 | | 2015 |
U.S. | $ | 403,445 |
| | $ | 34,178 |
| | $ | 82,515 |
|
Non-U.S. (1) | 101,479 |
| | (4,206 | ) | | 31,712 |
|
Income before income tax expense | $ | 504,924 |
| | $ | 29,972 |
| | $ | 114,227 |
|
| |
(1) | For purposes of this table, non-U.S. income is defined as income generated from operations located outside the U.S. |
Income tax expense differed from the amounts computed by applying the U.S. Federal statutory income tax rate of 35% to earnings before income taxes as a result of the following (dollars in thousands):
|
| | | | | | | | | | | | | | | | | | | | |
| Year Ended November 30, |
| 2017 | | 2016 | | 2015 |
| Amount | | Percent | | Amount | | Percent | | Amount | | Percent |
Computed expected income taxes | $ | 176,724 |
| | 35.0 | % | | $ | 10,490 |
| | 35.0 | % | | $ | 39,979 |
| | 35.0 | % |
Increase (decrease) in income taxes resulting from: | | | | | | | | | | | |
State and city income taxes, net of Federal income tax benefit | 21,041 |
| | 4.2 |
| | 124 |
| | 0.5 |
| | (3,542 | ) | | (3.1 | ) |
International operations (including foreign rate differential) | (11,577 | ) | | (2.3 | ) | | (3,404 | ) | | (11.4 | ) | | (11,474 | ) | | (10.0 | ) |
Tax exempt income | (3,850 | ) | | (0.8 | ) | | (4,640 | ) | | (15.5 | ) | | (6,789 | ) | | (5.9 | ) |
Foreign tax credits | (32,974 | ) | | (6.5 | ) | | — |
| | — |
| | (7,240 | ) | | (6.3 | ) |
Non-deductible Jefferies Bache wind down costs | — |
| | — |
| | — |
| | — |
| | 3,225 |
| | 2.8 |
|
Meals and entertainment | 4,129 |
| | 0.8 |
| | 4,640 |
| | 15.5 |
| | 5,232 |
| | 4.6 |
|
Excess stock detriment | 406 |
| | 0.1 |
| | 9,755 |
| | 32.6 |
| | — |
| | — |
|
Federal benefits related to prior year tax filings | (3,786 | ) | | (0.8 | ) | | (2,928 | ) | | (9.8 | ) | | 199 |
| | 0.1 |
|
Other, net | (2,773 | ) | | (0.5 | ) | | 529 |
| | 1.7 |
| | (692 | ) | | (0.7 | ) |
Total income tax expense | $ | 147,340 |
| | 29.2 | % | | $ | 14,566 |
| | 48.6 | % | | $ | 18,898 |
| | 16.5 | % |
The following table presents a reconciliation of gross unrecognized tax benefits (in thousands):
|
| | | | | | | | | | | |
| Year Ended November 30, |
| 2017 | | 2016 | | 2015 |
Balance at beginning of period | $ | 109,527 |
| | $ | 107,902 |
| | $ | 126,662 |
|
Increases based on tax positions related to the current period | 18,619 |
| | 5,045 |
| | — |
|
Increases based on tax positions related to prior periods | 7,310 |
| | 1,447 |
| | 2,818 |
|
Decreases based on tax positions related to prior periods | (5,912 | ) | | (4,520 | ) | | (3,883 | ) |
Decreases related to settlements with taxing authorities | — |
| | (347 | ) | | (17,695 | ) |
Balance at end of period | $ | 129,544 |
| | $ | 109,527 |
| | $ | 107,902 |
|
The total amount of unrecognized benefit that, if recognized, would favorably affect the effective tax rate was $86.1 million and $73.1 million (net of benefits of taxes) at November 30, 2017 and 2016, respectively.
We recognize interest accrued related to unrecognized tax benefits in Interest expense. Penalties, if any, are recognized in Other expenses in our Consolidated Statements of Earnings. Net interest expense related to unrecognized tax benefits was $9.0 million, $6.5 million and $2.2 million for the years ended November 30, 2017, 2016 and 2015, respectively. At November 30, 2017 and 2016, we had interest accrued of approximately $48.3 million and $39.3 million, respectively, included in Accrued expenses and other liabilities in our Consolidated Statements of Financial Condition. No material penalties were accrued for the years ended November 30, 2017 and 2016.
The cumulative tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities are presented below (in thousands):
|
| | | | | | | |
| November 30, |
| 2017 | | 2016 |
Deferred tax assets: | | | |
Compensation and benefits | $ | 376,642 |
| | $ | 285,542 |
|
Net operating loss | 20,094 |
| | 11,021 |
|
Long-term debt | 26,476 |
| | 60,707 |
|
Accrued expenses and other | 121,746 |
| | 124,269 |
|
Sub-total | 544,958 |
| | 481,539 |
|
Valuation allowance | (14,217 | ) | | (9,464 | ) |
Total deferred tax assets | 530,741 |
| | 472,075 |
|
Deferred tax liabilities: | | | |
Amortization of intangibles | 102,739 |
| | 107,474 |
|
Other | 17,282 |
| | 21,630 |
|
Total deferred tax liabilities | 120,021 |
| | 129,104 |
|
Net deferred tax asset, included in Other assets | $ | 410,720 |
| | $ | 342,971 |
|
The valuation allowance represents the portion of our deferred tax assets for which it is more likely than not that the benefit of such items will not be realized. We believe that the realization of the net deferred tax asset of $410.7 million at November 30, 2017 is more likely than not based on expectations of future taxable income in the jurisdictions in which we operate.
At November 30, 2017, we had gross net operating loss carryforwards of $122.1 million, primarily related to New York State, New York City and various European jurisdictions. A deferred tax asset of $9.7 million related to net operating losses in Europe has been fully offset by a valuation allowance, while $0.3 million of deferred tax assets related to net operating losses in Asia has been fully offset by a valuation allowance. The remaining valuation allowance is attributable to deferred tax assets related to compensation and benefits, capital losses, and tax credits in the U.K.
We have a tax sharing agreement between us and Leucadia. Refer to Note 19, Related Party Transactions, for further information.
At November 30, 2017 and 2016, we had approximately $232.0 million and $157.0 million, respectively, of earnings attributable to foreign subsidiaries that are indefinitely reinvested abroad and for which no U.S. Federal income tax provision has been recorded. Accordingly, a deferred tax liability of approximately $73.0 million and $55.0 million has not been recorded with respect to these earnings at November 30, 2017 and 2016, respectively.
We are currently under examination by the Internal Revenue Service and other major tax jurisdictions. We do not expect that resolution of these examinations will have a material effect on our consolidated financial position, but could have a material impact on the consolidated results of operations for the period in which resolution occurs. It is reasonably possible that, within the next twelve months, statutes of limitation will expire which would have the effect of reducing the balance of unrecognized tax benefits by $12.6 million.
The table below summarizes the earliest tax years that remain subject to examination in the major tax jurisdictions in which we operate:
|
| |
Jurisdiction | Tax Year |
United States | 2007 |
California | 2007 |
New Jersey | 2010 |
New York State | 2001 |
New York City | 2003 |
United Kingdom | 2014 |
Hong Kong | 2011 |
India | 2010 |
Italy | 2012 |
On December 22, 2017, the Tax Cuts and Jobs Act (the “Tax Act”) was enacted. The Tax Act has made significant changes to the U.S. Internal Revenue Code, including the taxation of U.S. corporations, by, among other things, limiting interest deductions, reducing the U.S. corporate income tax rate, disallowing certain deductions that had previously been allowed, altering the expensing of capital expenditures, adopting elements of a territorial tax system, assessing a repatriation tax or “toll-charge” on undistributed earnings and profits of U.S.-owned foreign corporations, and introducing certain anti-base erosion provisions. We are currently evaluating the impact that the Tax Act will have on both our Consolidated Statements of Financial Condition and Consolidated Statements of Earnings. At this time, based on information currently available, we anticipate taking a charge of approximately $170.0 million in the first quarter of 2018. Approximately two-thirds of this estimated charge relates to the non-cash write down of our deferred tax asset resulting from the impact of a lower federal tax rate of 21% on the future deductibility of our deferred tax items. The remaining balance relates to a toll charge on the deemed repatriation of unremitted foreign earnings.