Kontoor Brands Inc
For the period ended Dec 30, 2023. Filed Feb 28, 2024.
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FY2023 · Filed Feb 28, 2024
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Income Taxes
NOTE 18 —INCOME TAXES
The following table presents income before income taxes used to calculate the provision for income taxes:
| Year Ended December | |||
|---|---|---|---|
| (In thousands) | 2023 | 2022 | 2021 |
| Domestic | $128,026 | $153,936 | $118,142 |
| Foreign | 143,873 | 165,200 | 126,458 |
| Income before income taxes | $271,899 | $319,136 | $244,600 |
The following table presents components of the provision for income taxes:
| Year Ended December | |||
|---|---|---|---|
| (In thousands) | 2023 | 2022 | 2021 |
| Current: | |||
| Federal | $26,290 | $53,990 | $24,514 |
| Foreign | 16,950 | 12,397 | 15,877 |
| State | 1,415 | 7,129 | 5,149 |
| Total current income taxes | 44,655 | 73,516 | 45,540 |
| Deferred: | |||
| Federal and state | 6,848 | (9,828) | 2,951 |
| Foreign | (10,598) | 9,955 | 686 |
| Total deferred income taxes | (3,750) | 127 | 3,637 |
| Total provision for income taxes | $40,905 | $73,643 | $49,177 |
76 Kontoor Brands, Inc. 2023 Form 10-K
The following table presents a reconciliation of the differences between income taxes computed by applying the statutory federal income tax rate and "income taxes" recorded in the Company's statements of operations:
| Year Ended December | |||
|---|---|---|---|
| (In thousands) | 2023 | 2022 | 2021 |
| Tax at federal statutory rate | $57,099 | $67,019 | $51,366 |
| State income tax, net of federal tax benefit | 2,614 | 4,542 | 5,167 |
| Foreign rate differences | (20,354) | (9,849) | (13,698) |
| Employee compensation | 1,216 | 2,121 | 940 |
| Change in valuation allowance | (5,089) | 4,881 | 2,010 |
| Global intangible low-tax income ("GILTI") | 5,518 | 3,586 | 2,852 |
| Other | (99) | 1,343 | 540 |
| Income taxes | $40,905 | $73,643 | $49,177 |
Foreign rate differences include tax benefits of $5.4 million, $10.3 million and $5.5 million in 2023, 2022 and 2021, respectively, from statutorily exempt foreign income. As of December 2023, the Company does not have any active tax holidays from income taxes.
During the year ended December 2023, the Company was granted local income tax credits in a foreign jurisdiction totaling $65.5 million that will expire in 2031. A full valuation allowance was recorded against these tax credits in the Company's financial statements and has been presented net in the table above.
The following table presents the components of "deferred income tax assets" and "deferred income tax liabilities" recorded in the Company's balance sheets:
| (In thousands) | December 2023 | December 2022 |
|---|---|---|
| Deferred income tax assets: | ||
| Inventories | $11,592 | $15,448 |
| Deferred compensation | 10,290 | 10,454 |
| Other employee benefits | 7,989 | 6,903 |
| Stock-based compensation | 4,139 | 5,286 |
| Other accrued expenses | 16,741 | 12,887 |
| Intangible assets | 29,232 | 31,589 |
| Leases | 12,055 | 11,161 |
| Operating loss carryforwards | 30,871 | 25,817 |
| Tax credit carryforwards | 69,221 | 2,645 |
| Gross deferred income tax assets | 192,130 | 122,190 |
| Less: valuation allowance | (86,213) | (25,799) |
| Net deferred income tax assets | 105,917 | 96,391 |
| Deferred income tax liabilities: | ||
| Leases | 11,595 | 10,373 |
| Depreciation | 20,929 | 22,152 |
| Taxes on unremitted earnings | 3,923 | 3,503 |
| Deferred income tax liabilities | 36,447 | 36,028 |
| Total net deferred income tax assets | $69,470 | $60,363 |
| Amounts included in the balance sheets: | ||
| Deferred income tax assets | $75,081 | $67,282 |
| Deferred income tax liabilities | (5,611) | (6,919) |
| $69,470 | $60,363 | |
Kontoor Brands, Inc. 2023 Form 10-K 77
At the end of 2023, the Company is asserting indefinite reinvestment on foreign earnings totaling $92.2 million. The Company has determined the unrecorded deferred tax liability associated with the $92.2 million basis difference is approximately $0.7 million, primarily related to withholding taxes.
The Company has $65.5 million of local income tax credit carryforwards that will expire in 2031, $22.8 million of potential tax benefits for foreign operating loss carryforwards, $19.6 million of which will expire between 2024 and 2033, and foreign tax credit carryforwards of $3.5 million that will expire between 2030 and 2033. In addition, there are $8.2 million of potential tax benefits for state operating loss and credit carryforwards, $6.7 million of which will expire between 2024 and 2043.
A valuation allowance has been provided where it is more likely than not that deferred tax assets related to operating loss and tax credit carryforwards will not be realized. Valuation allowances totaled $65.5 million for tax credit carryforwards, $11.9 million for foreign operating loss carryforwards, $6.1 million for state operating loss and credit carryforwards, and $2.7 million for other foreign deferred income tax assets.
During 2023, the Company recorded a $65.5 million increase in valuation allowances related to tax credits granted in the current year. In addition, the Company recorded a tax benefit of $6.8 million due to a decrease in valuation allowances related to foreign operating losses as a result of committed tax planning actions, partially offset with a $2.1 million increase in valuation allowances related to current year foreign operating losses and other deferred income tax assets, inclusive of foreign currency effects. The Company also recorded a tax benefit due to a $0.4 million decrease in valuation allowances related to state operating loss and credit carryforwards as well as other state deferred income tax assets.
The following table presents a reconciliation of the change in the accrual for unrecognized income tax benefits:
| (In thousands) | Unrecognized Income Tax Benefits | Accrued Interest and Penalties | Unrecognized Income Tax BenefitsIncluding Interestand Penalties |
|---|---|---|---|
| Balance, December 2020 | $11,893 | $4,864 | $16,757 |
| Additions for current year tax positions | 154 | — | 154 |
| Additions for prior year tax positions | 18 | 525 | 543 |
| Reductions for prior year tax positions | (348) | (340) | (688) |
| Balance, December 2021 | 11,717 | 5,049 | 16,766 |
| Additions for current year tax positions | 169 | — | 169 |
| Additions for prior year tax positions | 853 | 857 | 1,710 |
| Reductions for prior year tax positions | — | (30) | (30) |
| Reductions due to statute expirations | (137) | (58) | (195) |
| Balance, December 2022 | 12,602 | 5,818 | 18,420 |
| Additions for current year tax positions | 248 | — | 248 |
| Additions for prior year tax positions | 79 | 931 | 1,010 |
| Reductions for prior year tax positions | (345) | (140) | (485) |
| Reductions due to statute expirations | (2,249) | (296) | (2,545) |
| Balance, December 2023 | $10,335 | $6,313 | $16,648 |
| (In thousands) | December 2023 | December 2022 |
|---|---|---|
| Amounts included in the balance sheets: | ||
| Unrecognized income tax benefits, including interest and penalties | $16,648 | $18,420 |
| Less: deferred tax benefits | (3,035) | (3,445) |
| Total unrecognized tax benefits | $13,613 | $14,975 |
The unrecognized tax benefits of $13.6 million at the end of 2023, if recognized, would reduce the annual effective tax rate.
The Company files a consolidated U.S. federal income tax return, as well as separate and combined income tax returns in numerous state and international jurisdictions. In the U.S., the Company’s 2020 through 2022 tax years remain open and are subject to examination by the Internal Revenue Service. In addition, the Company is currently subject to examination by various state and international tax authorities. Management regularly assesses the potential outcomes of both ongoing and future examinations for the current and prior years and has concluded that the Company’s provision for income taxes is adequate. The outcome of any one
78 Kontoor Brands, Inc. 2023 Form 10-K examination is not expected to have a material impact on the Company’s financial statements. Management also believes that it is reasonably possible that the amount of unrecognized tax benefits may decrease by $2.1 million within the next 12 months due to expiration of statutes of limitations, all of which would reduce income tax expense.
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