Entity information:

19.

INCOME TAXES

The components of Income before income taxes for the fiscal years ended March 31 are as follows:

 

(Amounts in thousands)

 

2017

 

 

2016

 

 

2015

 

United States

 

$

59,543

 

 

$

45,159

 

 

$

(4,381

)

Foreign

 

 

5,288

 

 

 

14,140

 

 

 

9,304

 

Total

 

$

64,831

 

 

$

59,299

 

 

$

4,923

 

 

The components of Income tax expense for the fiscal years ended March 31 consisted of the following:

 

(Amounts in thousands)

 

2017

 

 

2016

 

 

2015

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

24,318

 

 

$

6,889

 

 

$

20,592

 

State and local

 

 

4,652

 

 

 

2,126

 

 

 

3,655

 

Foreign

 

 

3,040

 

 

 

3,791

 

 

 

831

 

Total current tax expense

 

 

32,010

 

 

 

12,806

 

 

 

25,078

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(5,887

)

 

 

10,019

 

 

 

(16,270

)

State and local

 

 

(1,297

)

 

 

1,431

 

 

 

(2,626

)

Foreign

 

 

(211

)

 

 

(758

)

 

 

102

 

Total deferred tax expense (benefit)

 

 

(7,395

)

 

 

10,692

 

 

 

(18,794

)

Total Income tax expense

 

$

24,615

 

 

$

23,498

 

 

$

6,284

 

 

For the fiscal years ended March 31, the effective tax rate varied from the statutory Federal income tax rate as a result of the following factors:

 

 

 

2017

 

 

2016

 

 

2015

 

Federal statutory rate

 

 

35.0

%

 

 

35.0

%

 

 

35.0

%

Redeemable convertible preferred stock dividend

 

 

(0.8

)

 

 

(0.8

)

 

 

(3.8

)

ESOP stock appreciation

 

 

4.9

 

 

 

5.8

 

 

 

82.3

 

ESOP compensation for Special Dividend on

   unallocated shares

 

 

 

 

 

 

 

 

0.2

 

Effect of tax rate of foreign subsidiaries

 

 

1.3

 

 

 

0.8

 

 

 

(9.3

)

State and local taxes—net of federal income

   tax benefit

 

 

4.1

 

 

 

4.3

 

 

 

19.7

 

Stock-based compensation

 

 

0.3

 

 

 

(1.8

)

 

 

64.7

 

Uncertain tax position change

 

 

(1.1

)

 

 

(3.6

)

 

 

(35.2

)

Qualified production activity credit

 

 

(3.3

)

 

 

(0.9

)

 

 

(37.1

)

Executive repurchase agreement

 

 

 

 

 

 

 

 

7.2

 

Closure of Puerto Rico

 

 

(4.2

)

 

 

 

 

 

 

Other

 

 

1.8

 

 

 

0.8

 

 

 

3.9

 

Effective rate

 

 

38.0

%

 

 

39.6

%

 

 

127.6

%

 

The Company’s effective tax rate will vary based on factors, including but not limited to, overall profitability, the geographical mix of income before taxes and discrete events. The fiscal 2015 effective tax rate exceeded the federal statutory rate due in part to the significant permanent differences associated with non-deductible ESOP stock appreciation and stock-based compensation expense, the effect of which was increased by the near break-even amount of pre-tax income, whereas the fiscal year 2017 and 2016 effective tax rates more closely approximate a normal effective tax rate for the Company.

The tax effect of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at March 31 were comprised of:

 

(Amounts in thousands)

 

2017

 

 

2016

 

Deferred tax assets:

 

 

 

 

 

 

 

 

State income taxes

 

$

1,474

 

 

$

1,927

 

ESOP loan repayment

 

 

1,363

 

 

 

1,390

 

Receivable and other allowances

 

 

2,660

 

 

 

2,150

 

Derivatives

 

 

(15

)

 

 

4,397

 

Inventory

 

 

5,820

 

 

 

1,433

 

Non-qualified stock options

 

 

6,052

 

 

 

4,309

 

Executive termination payments (Note 15)

 

 

2,044

 

 

 

1,852

 

Accrued Expenses

 

 

411

 

 

 

1,378

 

Worker’s compensation

 

 

1,323

 

 

 

1,390

 

Contingent consideration

 

 

91

 

 

 

533

 

Foreign net operating losses

 

 

2,223

 

 

 

1,507

 

Other

 

 

2,856

 

 

 

2,491

 

Total deferred tax assets

 

 

26,302

 

 

 

24,757

 

Less: valuation allowance

 

 

(2,223

)

 

 

(1,507

)

Total net deferred tax assets

 

 

24,079

 

 

 

23,250

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Intangible assets

 

 

7,214

 

 

 

8,882

 

Property, plant and equipment

 

 

51,599

 

 

 

52,115

 

Leases

 

 

724

 

 

 

6,059

 

Capitalized software costs

 

 

3,200

 

 

 

2,935

 

Goodwill

 

 

3,886

 

 

 

3,643

 

Other

 

 

761

 

 

 

1,867

 

Total deferred tax liabilities

 

 

67,384

 

 

 

75,501

 

Net deferred tax liability

 

$

43,305

 

 

$

52,251

 

 

Net deferred tax assets are included in Deferred income taxes and other current assets and Other assets on the Consolidated Balance Sheets. The related balances at March 31 were as follows:

 

(Amounts in thousands)

 

2017

 

 

2016

 

Net current deferred tax assets

 

$

 

 

$

11,701

 

Net non-current deferred tax assets

 

 

702

 

 

 

 

Net non-current deferred tax liabilities

 

 

44,007

 

 

 

63,952

 

 

The Company has not provided for U.S. federal income taxes or foreign withholding taxes on approximately $28.0 million of undistributed earnings of its foreign subsidiaries at March 31, 2017 because such earnings are intended to be reinvested indefinitely with the exception of cash dividends paid by our ADS Mexicana joint venture. It is not practicable to estimate the amount of U.S. tax that might be payable on the eventual remittance of such earnings.

Accounting for Uncertain Tax Positions

As of March 31, 2017, the Company had unrecognized tax benefit of $6.2 million, which if resolved favorably, would reduce income tax expense by $6.2 million. A reconciliation of the beginning and ending amounts of unrecognized tax benefits for the years ended March 31, 2017, 2016, and 2015 is as follows:

 

(Amounts in thousands)

 

Balance as of March 31, 2014

 

$

12,855

 

Decreases in tax positions for prior years

 

 

(672

)

Increases in tax positions for prior years

 

 

336

 

Settlements

 

 

 

Lapse of statute of limitations

 

 

(2,067

)

Balance as of March 31, 2015

 

$

10,452

 

Tax positions taken in current year

 

 

917

 

Decreases in tax positions for prior years

 

 

(599

)

Increases in tax positions for prior years

 

 

358

 

Settlements

 

 

 

Lapse of statute of limitations

 

 

(3,130

)

Balance as of March 31, 2016

 

$

7,998

 

Tax positions taken in current year

 

 

 

Decreases in tax positions for prior years

 

 

(1,786

)

Increases in tax positions for prior years

 

 

80

 

Settlements

 

 

 

Lapse of statute of limitations

 

 

(96

)

Balance as of March 31, 2017

 

$

6,196

 

 

The unrecognized tax benefits are primarily recorded in Other liabilities in the Company’s Consolidated Balance Sheets. These amounts include potential accrued interest and penalties of $1.8 million and $2.7 million at March 31, 2017 and 2016, respectively.

It is reasonably possible that there could be a change in the amount of unrecognized tax benefits within the next twelve months due to activities of the IRS or other taxing authorities, including proposed assessments of additional tax, possible settlement of audit issues, or the expiration of applicable statutes of limitation.

The Company is currently open to audit under the statute of limitations by the IRS for the fiscal years ended March 31, 2014 through March 31, 2017. The majority of the Company’s state income tax returns are open to audit under the statute of limitations for the years ended March 31, 2014 through March 31, 2017. The foreign income tax returns are open to audit under the statute of limitations for the years ended March 31, 2013 through March 31, 2017.