General form of registration statement for all companies including face-amount certificate companies

Income Taxes

v3.8.0.1
Income Taxes
9 Months Ended 12 Months Ended
Sep. 28, 2017
Dec. 29, 2016
Income Taxes    
Income Tax Disclosure [Text Block]

5. Income Taxes

Income Taxes

The Company’s effective income tax rates were 20.0% and 36.8% for the thirty-nine weeks ended September 28, 2017 and September 29, 2016, respectively. The lower effective rate for the thirty-nine weeks ended September 28, 2017 was primarily due to the recognition of excess tax benefits related to options exercised after the adoption of ASU 2016-09. See Note 1 to the consolidated financial statements included herein for more information regarding ASU 2016-09.

4. Income Taxes

              The components of the provision for income taxes are as follows (in thousands):

                                                                                                                                                                                    

 

 

Year Ended
December 25,
2014

 

Year Ended
December 31,
2015

 

Year Ended
December 29,
2016

 

Current expense:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

9,081

 

$

13,183

 

$

14,588

 

State

 

 

1,979

 

 

2,552

 

 

2,422

 

​  

​  

​  

​  

​  

​  

Total current expense

 

 

11,060

 

 

15,735

 

 

17,010

 

​  

​  

​  

​  

​  

​  

Deferred (benefit)/expense:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(680

)

 

553

 

 

(4,765

)

State

 

 

(746

)

 

(89

)

 

(771

)

​  

​  

​  

​  

​  

​  

Total deferred (benefit)/expense

 

 

(1,426

)

 

464

 

 

(5,536

)

​  

​  

​  

​  

​  

​  

 

 

$

9,634

 

$

16,199

 

$

11,474

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

              The following is a summary of the differences between the total provision for income taxes as shown on the financial statements and the provision for income taxes that would result from applying the federal statutory tax rate of 35% to income before income taxes (in thousands).

                                                                                                                                                                                    

 

 

Year Ended
December 25,
2014

 

Year Ended
December 31,
2015

 

Year Ended
December 29,
2016

 

Computed "expected" provision at statutory rate

 

$

8,656

 

$

15,052

 

$

19,080

 

State income taxes, net of federal income tax benefit

 

 

801

 

 

1,594

 

 

1,073

 

Permanent differences:

 

 

 

 

 

 

 

 

 

 

Non-qualified option holder dividend equivalent

 

 

 

 

 

 

(7,877

)

Other

 

 

96

 

 

113

 

 

(4

)

​  

​  

​  

​  

​  

​  

Total permanent differences

 

 

96

 

 

113

 

 

(7,881

)

Other, net

 

 

81

 

 

(560

)

 

(798

)

​  

​  

​  

​  

​  

​  

Provision for income taxes

 

$

9,634

 

$

16,199

 

$

11,474

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

              The permanent differences of $7,877 thousand in fiscal 2016 is the federal benefit related to a dividend equivalent payment to certain option holders. The state benefit related to this payment of $597 thousand is included in state income taxes, net of federal income tax benefit in the table above.

              The tax effects of temporary differences that give rise to significant portions of the deferred income tax assets and (liabilities) are presented below (in thousands):

                                                                                                                                                                                    

 

 

Year Ended
December 31,
2015

 

Year Ended
December 29,
2016

 

Deferred tax assets:

 

 

 

 

 

 

 

Accruals not currently deductible for tax purposes

 

$

10,314

 

$

14,342

 

Tenant improvement allowances

 

 

6,162

 

 

7,690

 

Inventories

 

 

3,459

 

 

4,050

 

Stock based compensation

 

 

2,997

 

 

4,179

 

Other intangibles

 

 

761

 

 

693

 

Gift card liability

 

 

820

 

 

858

 

Litigation accrual

 

 

 

 

5,299

 

Other

 

 

89

 

 

47

 

​  

​  

​  

​  

Total deferred tax assets

 

 

24,602

 

 

37,158

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Intangible assets

 

 

(41,095

)

 

(41,269

)

Fixed assets

 

 

(16,907

)

 

(23,650

)

Other

 

 

(324

)

 

(504

)

​  

​  

​  

​  

Total deferred tax liabilities

 

 

(58,326

)

 

(65,423

)

​  

​  

​  

​  

Net deferred tax liabilities

 

$

(33,724

)

$

(28,265

)

​  

​  

​  

​  

​  

​  

​  

​  

              In assessing the realization of deferred tax assets, including net operating losses, management considered whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income and tax planning strategies in making this assessment, and accordingly, has concluded that no valuation allowance is necessary as of December 29, 2016 and December 31, 2015.

              The Company files income tax returns with the U.S. Federal government and various state jurisdictions. In the normal course of business, the Company is subject to examination by taxing authorities. The Internal Revenue Service has completed audits of the Company's federal income tax returns for the years through 2011. As of December 29, 2016, December 31, 2015, and December 25, 2014 the Company had unrecognized tax benefits of $0, $0, and $189 thousand, respectively. The amounts of unrecognized tax benefits that, if recognized, would favorably impact the effective tax rate were $0, $0, and $136 thousand as of December 29, 2016, December 31, 2015, and December 25, 2014, respectively. During 2014, the Company recorded an immaterial amount of interest expense related to uncertain tax positions. The Company's policy is to classify interest and penalties related to unrecognized tax benefits in income tax expense.