Income (loss) from continuing operations before income taxes and income from equity method investments | | | | | | | | | |
| United States | | $ | | | | $ | 76,199 | | | $ | 97,094 | |
| Non-U.S. | | | | | | | 91,226 | | | | 41,251 | |
| Total | | $ | | | | $ | 167,425 | | | $ | 138,345 | |
Components of the provision for income tax expense (benefit) | | | | | | | | | |
| Current: | | | | | | | | | | | | |
| U.S. federal | | $ | | | | $ | 14,515 | | | $ | 24,180 | |
| State | | | | | | | 2,789 | | | | 2,955 | |
| Non-U.S. | | | | | | | 27,788 | | | | 22,075 | |
| | | | | | | | 45,092 | | | | 49,210 | |
| Deferred: | | | | | | | | | | | | |
| U.S. federal | | | | | | | 6,444 | | | | 8,096 | |
| State | | | | | | | 1,102 | | | | 1,269 | |
| Non-U.S. | | | | | | | (2,202 | ) | | | (2,720 | ) |
| | | | | | | | 5,344 | | | | 6,645 | |
| Total | | $ | | | | $ | 50,436 | | | $ | 55,855 | |
Reconciliation of effective income tax | | | | | | | | | |
| Statutory U.S. federal income tax rate | | $ | | | | $ | 58,599 | | | $ | 48,421 | |
| State income taxes, net of federal benefit | | | | ) | | | 2,135 | | | | 3,281 | |
| Foreign dividend repatriation | | | | | | | 519 | | | | 388 | |
| Foreign rate differential | | | | ) | | | (3,386 | ) | | | 1,547 | |
| Impact of option valuation | | | | ) | | | (1,879 | ) | | | 1,211 | |
| Interest income not taxable in the U.S. | | | | ) | | | (525 | ) | | | (1,243 | ) |
| Change in valuation allowance | | | | ) | | | (2,219 | ) | | | 480 | |
| Tax impact of special charges, net | | | | | | | 173 | | | | 1,678 | |
| Research and development tax credit | | | | ) | | | (2,291 | ) | | | (71 | ) |
| Section 199 manufacturing deduction | | | | | | | (1,658 | ) | | | (2,036 | ) |
| Royal Adhesives transaction costs | | | | | | | - | | | | - | |
| Other | | | | | | | 968 | | | | 2,199 | |
| Total | | $ | | | | $ | 50,436 | | | $ | 55,855 | |
Deferred income tax balances at each year-end related to: | | | | | | |
| Deferred tax assets: | | | | | | | | |
| Employee benefit costs | | $ | | | | $ | 46,249 | |
| Foreign tax credit carryforward | | | | | | | 11,593 | |
| Tax loss carryforwards | | | | | | | 19,902 | |
| Other | | | | | | | 20,612 | |
| Gross deferred tax assets | | | | | | | 98,356 | |
| Less: valuation allowance | | | | ) | | | (11,929 | ) |
| Net deferred tax assets | | | | | | | 86,427 | |
| Deferred tax liability: | | | | | | | | |
| Depreciation and amortization | | | | ) | | | (66,589 | ) |
| Net deferred tax assets (liabilities) | | $ | | ) | | $ | 19,838 | |
The difference between the change in the deferred tax assets in the balance sheet and the deferred tax provision is primarily due to the defined benefit pension plan adjustment recorded in accumulated other comprehensive income (loss) and Royal Adhesives purchase a
ccounting adjustments.
Valuation allowances principally relate to foreign net operating loss carryforwards where the future potential benefits do
not
meet the more-likely-than-
not
realization test. The decrease in the valuation allowance of
$2,656
during
2017
is due primarily to the release of the valuation allowance
of H.B. Fuller Brasil.
Deferred tax assets and liabilities are measured using the currently enacted tax rates that apply to taxable income in effect for the years in which those deferred tax assets and liabilities are expected to be realized or settled. We record a valuation allowance to reduce deferred tax assets to the amount that is believed more-likely-than-
not
to be realized. We believe it is more-likely-than-
not
that carryback potential, reversal of deferred tax liabilities and forecasted income, will be sufficient to fully recover the net deferred tax assets
not
already offset by a valuation allowance. In the event that all or part of the gross deferred tax assets are determined
not
to be realizable in the future, an adjustment to the valuation allowance would be charged to earnings in the period such determination is made.
U.S. income taxes have
not
been provided on approximately
$529,800
of undistributed earnings of non-U.S. subsidiaries. We intend to indefinitely reinvest these undistributed earnings. Cash available in the United States has historically been sufficient and we expect it will continue to be sufficient to fund U.S. cash flow requirements. In the event these earnings are later distributed to the U.S., such distributions would likely result in additional U.S. tax that
may
be offset, at least in part, by associated foreign tax credits.
While non-U.S. operations have been profitable overall, there are cumulative tax losses of
$108,138
in various countries.
These tax losses can be carried forward to offset the income tax liabilities on future income in these countries. Cumulative tax losses of
$57,799
can be carried forward indefinitely, while the remaining
$50,339
of tax losses must be utilized during
2018
to
2034.
The U.S. has a foreign tax credit carryforward of
$27,197.
The credits will expire between
2022
and
2027.
Projected foreig
n source income in future years is sufficient to utilize these credits in the carryforward period.
The table below sets forth the changes to our gross unrecognized tax benefit as a result of uncertain tax positions, excluding accrued interest, for the fiscal years ended
December 2, 2017
and
December 3, 2016.
We do
not
anticipate that the total unrecognized tax benefits will change significantly within the next
twelve
months.
| | | | | | | |
| Balance at beginning of year | | $ | | | | $ | 4,870 | |
| Tax positions related to the current year: | | | | | | | | |
| Additions | | | | | | | 774 | |
| Additions due to acquisitions | | | | | | | - | |
| | | | | | | | | |
| Tax positions related to prior years: | | | | | | | | |
| Additions | | | | | | | 209 | |
| Reductions | | | | ) | | | (377 | ) |
| Settlements | | | | ) | | | (131 | ) |
| Lapses in applicable statutes of limitation | | | | ) | | | (1,180 | ) |
| Balance at end of year | | $ | | | | $ | 4,165 | |
Included in the balance of unrecognized tax benefits as of
December 2, 2017,
are potential benefits of
$8,515
that, if recognized, would affect the effective tax rate.
We report accrued interest and penalties related to unrecognized tax benefits in income tax expense.
For the year ended
December 2, 2017,
we recognized a net benefit for interest and penalties of
$153
relating to unrecognized tax benefits and had net accumulated accrued interest and penalties of
$393
as of
December 2, 2017.
For the year ended
December 3, 2016,
we recognized a net benefit for interest and penalties of
$87
relating to unrecognized tax benefits and had net accumulated accrued interest and penalties of
$676
as of
December 3, 2016.
We are subject to U.S. federal income tax as well as income tax in numerous state and foreign jurisdictions. We are
no
longer subject to U.S. federal tax examination for years prior to
2012
or Swiss income tax examination for years prior to
2009.
During
2015,
the U.S. tax authorities opened an audit for the years ended
December
1,
2012
and
November 30, 2013.
These audits have been principally settled but remain open only for matters to be addressed by the U.S., Canada and Mexican authorities in competent authority. During the
second
quarter of
2016,
H.B. Fuller (China) Adhesives, Ltd. was notified of a transfer pricing audit covering the calendar years
2005
through
2014.
We are in various stages of examination and appeal in several states and other foreign jurisdictions. Although the final outcomes of these examinations cannot currently be determined, we believe that we have recorded adequate liabilities with respect to these examinations.