Annual report pursuant to Section 13 and 15(d)

Note 11 - Income Taxes

v3.20.2
Note 11 - Income Taxes
12 Months Ended
Jun. 30, 2020
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

Note 11. Income Taxes:

 

Income before income taxes was comprised of the following (in thousands):

 

   

Year Ended June 30,

 
   

2020

   

2019

    2018  

Domestic

  $ 245,365     $ 64,081     $ 81,557  

Foreign

    31,112       47,934       44,395  

Income before income taxes

  $ 276,477     $ 112,015     $ 125,952  

 

The provision for income taxes consisted of the following (in thousands):

 

   

Year Ended June 30,

 
   

2020

   

2019

    2018  

Taxes on income consist of:

                       

Currently tax provision:

                       

Federal

  $ 18,976     $ 16,090     $ 28,416  

State

    6,018       544       5,315  

Foreign

    8,580       13,329       11,983  

Total current tax provision

    33,574       29,963       45,714  

Deferred tax provision:

                       

Federal

    14,074       (6,903

)

    (40,378

)

State

    2,055

 

    (3,977

)

    (1,381

)

Foreign

    (2,522)       (3,142

)

    (4,154

)

Total deferred tax provision

    13,607       (14,021

)

    (45,912

)

Total income tax provision

  $ 47,181     $ 15,943

 

  $ (198 )

 

The Company's effective income tax rate for fiscal 2020 was 17.1% for fiscal 2020 vs 14.2% in the prior year. The change in the effective tax rate for fiscal 2020 and 2019 were driven by the changes in the net discrete tax benefits $19.4 million and $12.7 million, respectively. 

 

The Company’s effective income tax rate for fiscal 2019 was 14.2% vs (0.2%) in the prior year. The change in the effective tax rate for fiscal 2019 and 2018 was driven by changes in net discrete tax benefits of $12.7 million and $34.4 million for fiscal year 2019 and 2018, respectively.

 

The Company's discrete tax benefits in fiscal 2020 primarily related to share-based compensation excess tax benefits of $17.7 million.
 
The Company's discrete tax benefits in fiscal 2019 primarily related to share-based compensation excess tax benefits of $7.2 million,  $3.2 million related to fiscal 2019 acquisitions, and $2.0 million for tax refunds relating to certain state apportionments. The prior fiscal year was benefited from acquisition payments made to employees and third parties, which were deductible for tax purposes. 
 

In fiscal 2018, the Company recognized net discrete tax benefits of $34.4 million. The primary driver in fiscal 2018 discrete tax benefits was a discrete net tax benefit of $33.0 million related to the Tax Act (as described further below). This net tax benefit consisted of $36.5 million due to the re-measurement of the Company’s deferred tax accounts to reflect the U.S. federal corporate tax rate reduction impact to our net deferred tax balances offset by expense for the federal transition tax of $3.3 million. Also impacting the Company’s fiscal 2018 effective tax rate was a $2.2 million tax benefit related to stock option exercises offset by a net discrete tax expense of $4.2 million related to the revaluation of contingent consideration, which is not a tax deductible expense.

 

On December 22, 2017, the Tax Cuts and Jobs Act (the “Tax Act”) was enacted, which reduced the U.S. federal corporate tax rate from 35% to 21%, required companies to pay a one-time transition tax on earnings of certain foreign subsidiaries that were previously tax deferred and created new taxes on certain foreign sourced earnings. The Tax Act added many new provisions including changes the deduction for executive compensation, a tax on global intangible low taxed income (“GILTI”), the base erosion anti abuse tax (“BEAT”) and a deduction for foreign derived intangible income (“FDII”).

 

The Company continues to monitor newly enacted regulations, clarifications, and changes in guidance  the “Tax Act”, which was enacted on  December 22, 2017. The Company recognizes changes in legislation in the period enacted, which may have a material impact on our effective tax rate in future periods.

 

The following is a reconciliation of the federal tax calculated at the statutory rate of to the actual income taxes provided:

 

   

Year Ended June 30,

 
   

2020

    2019     2018  
                         

Income tax expense at federal statutory rate

   

21.0

%

    21.0

%

    28.1

%

State income taxes, net of federal benefit

    2.3

%

    0.8

%

    2.5

%

Qualified production activity deduction

    -

%

    -

%

    (2.4

)%

Research and development tax credit

    (0.7

)%

    (1.6

)%

    (1.4

)%

Contingent consideration adjustment

    (0.2 )%     (0.4

)%

    3.3

%

Foreign tax rate differences

    (0.2 )%     0.2

%

    (3.5

)%

Option exercises

    (5.7 )%     (5.8

)%

    (1.8

)%

Domestic tax legislation changes     -       1.7

%

    (26.2

)%

State apportionment changes     -       (2.3 )%     -  
Executive compensation limitations     1.6 %     0.4 %     -  

Other, net

    (1.0

)%

    0.2

%

    1.2

%

Effective tax rate

    17.1

%

    14.2

%

    (0.2

)%

  

Deferred taxes on the Consolidated Balance Sheets consisted of the following temporary differences (in thousands):

 

   

June 30

 
   

2020

    2019  
                 

Inventory

  $ 7,769     $ 7,743  

Net operating loss carryovers

    25,707       33,294  

Tax credit carryovers

    9,568       9,640  

Excess tax basis in equity investments

    2,423       3,433  

Deferred compensation

    10,755       10,333  
Derivative - cash flow hedge     4,058       2,921  
Lease liability     16,256       -  

Other

    4,340       5,207  

Valuation allowance

    (7,523

)

    (6,974

)

Deferred tax assets

    73,353       65,597  
                 

Net unrealized gain on available-for-sale investments

    (19,102 )     (4,542

)

Intangible asset amortization

    (128,279 )     (141,998

)

Depreciation

    (10,764 )     (8,371

)

Right of use asset     (15,118 )     -  

Other

    (1,180 )     (440

)

Deferred tax liabilities

    (174,443

)

    (155,351

)

Net deferred tax liabilities

  $ (101,090 )   $ (89,754

)

 

A deferred tax valuation allowance is required when it is more likely than not that all or a portion of deferred tax assets will not be realized. The valuation allowance as of June 30, 2020 was $7.5 million compared to $7.0 million in the prior year. 

 

As of June 30, 2020, the $7.5 million valuation allowance relates to certain foreign and state tax net operating loss and state credit carryforwards that existed at the date the Company acquired Quad, Exosome, ACD, Novus, ProteinSimple and CyVek as well as immaterial amounts generated after the acquisitions. The Company believes it is more likely than not that these tax carryovers will not be realized.

 

As of June 30, 2020, the Company has federal operating loss carryforwards of approximately $64.2 million and state operating loss carryforwards of $130.6 million from its acquisitions of Quad, Exosome, ACD, ProteinSimple and CyVek, which are not limited under IRC Section 382. As of June 30, 2020, the Company has foreign net operating loss carryforwards of $13.7 million. The net operating loss carryforwards expire between fiscal 2021 and 2036. The Company has a deferred tax asset of $20.2 million, net of the valuation allowance discussed above, related to the net operating loss carryovers. As of June 30, 2020, the Company has federal and state tax credit carryforwards of $5.0 million and $5.7 million, respectively. The federal tax credit carryforwards expire between 2028 and 2038. The majority of the state credit carryforwards have no expiry date. The Company has a deferred tax asset of $7.5 million, net of the valuation allowance discussed above, related to the tax credit carryovers.

 

The Company has not recognized a deferred tax liability for unremitted foreign earnings of approximately $186 million from its foreign operations because its subsidiaries have invested or will invest the undistributed earnings indefinitely. The transition tax included as part of the Tax Act resulted in the previously untaxed foreign earnings being included in the federal and state fiscal 2018 taxable income.  The one-time transition tax was based on certain foreign earnings for which earnings have been previously indefinitely reinvested as well as the amount of earnings held in cash and other specified assets.   No additional income taxes have been provided for cumulative unremitted foreign earnings as at this time our intention with respect to unremitted foreign earnings is to continue to indefinitely reinvest outside the U.S. those earnings needed for working capital or additional foreign investment. If there are policy changes, we would record applicable taxes at that time.

 

We continue to analyze our global working capital requirements and the potential tax liabilities that would be incurred if the non-U.S. subsidiaries distribute cash to the U.S. parent, which include local country withholding tax and potential U.S. state taxation.  In addition, we anticipate that further guidance from the IRS and US Treasury related to the Tax Act could impact the amount of any related taxes.  Therefore, it is not practical to estimate the amount of the deferred income tax liabilities related to investments in these foreign subsidiaries.

 

The following is a reconciliation of the beginning and ending balance of unrecognized tax benefits (in thousands):

 

   

Year Ended June 30,

 
   

2020

    2019     2018  

Beginning balance

  $ 5,032     $ 1,947     $ 1,747  

Additions due to acquisitions

    -       900       -  

Additions for tax positions of current year

    306       2,185       35  

Closure of tax years

    (1,041 )     -       -

 

Tax reform

    -       -       165  

Ending balances

  $ 4,297     $ 5,032     $ 1,947  

 

The Company does not believe it is reasonably possible that the total amounts of unrecognized tax benefits will significantly increase in the next twelve months. The Company files income tax returns in the U.S. federal and certain state tax jurisdictions, and several jurisdictions outside the U.S. The Company's federal returns are subject to tax assessment for 2017 and subsequent years. State and foreign income tax returns are generally subject to examination for a period of three to five years after filing of the respective return. The state impact of any federal changes remains subject to examination by various states for a period of up to one year after formal notification to the states.