Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.6
Income Taxes
12 Months Ended
Dec. 29, 2012
Income Taxes [Abstract]  
INCOME TAXES

14. INCOME TAXES

Deferred income tax assets and liabilities are provided to reflect the future tax consequences of differences between the tax basis of assets and liabilities and their reported amounts in the financial statements.

For financial reporting purposes, income before income taxes includes the following components:

 

                         
    For the year ended  
    December 29,
2012
    December 31,
2011
    January 1,
2011
 
       

United States

  $ 44,957     $ 43,513     $ 22,344  

Foreign

    10,896       14,073       9,299  
   

 

 

   

 

 

   

 

 

 
       

Total

  $ 55,853     $ 57,586     $ 31,643  
   

 

 

   

 

 

   

 

 

 

The components of the income tax provision (benefit) are as follows:

 

                         
    For the year ended  
    December 29,
2012
    December 31,
2011
    January 1,
2011
 

Current tax expense (benefit):

                       

United States

  $ 15,396     $ 14,034     $ 7,985  

State and local

    924       436       202  

Foreign

    1,788       3,972       1,434  
   

 

 

   

 

 

   

 

 

 
       

Total current

    18,108       18,442       9,621  
   

 

 

   

 

 

   

 

 

 
       

Deferred tax expense (benefit):

                       

United States

    545       1,095       469  

State and local

    12       471       263  

Foreign

    (210     (99     (110
   

 

 

   

 

 

   

 

 

 
       

Total deferred

    347       1,467       622  
   

 

 

   

 

 

   

 

 

 
       

Total income tax provision

  $ 18,455     $ 19,909     $ 10,243  
   

 

 

   

 

 

   

 

 

 

The reconciliation between the effective income tax rate and the U.S. federal statutory rate is as follows:

 

                         
    For the year ended  
    December 29,
2012
    December 31,
2011
    January 1,
2011
 
       

U.S. federal taxes at statutory rate

  $ 19,549     $ 20,155     $ 11,075  

Increase (decrease)

                       

Foreign tax credit

    (358     (1,026     (227

Domestic production activity deduction

    (1,483     (1,075     (519

Research and Development Tax Credit - Current Year

    (50     (150     (150

Foreign income taxed at lower rate

    (901     (1,052     (584

Nondeductible items

    411       1,049       40  

State and local taxes, net

    935       907       465  

Change in reserve

    710       440       9  

Other

    (358     661       134  
   

 

 

   

 

 

   

 

 

 
       

Income tax provision

  $ 18,455     $ 19,909     $ 10,243  
   

 

 

   

 

 

   

 

 

 

 

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income taxes. The temporary differences that give rise to significant portions of the deferred tax assets and liabilities as of December 29, 2012 and December 31, 2011 are presented below:

 

                 
    December 29,
2012
    December 31,
2011
 

Deferred tax assets:

               

Current:

               

Accrued expenses and other

  $ 248     $ 260  
   

 

 

   

 

 

 
     

Total current deferred tax assets

    248       260  
   

 

 

   

 

 

 
     

Noncurrent:

               

Accrued expenses and other

    1,426       2,028  
   

 

 

   

 

 

 
     

Total noncurrent deferred tax assets

    1,426       2,028  
   

 

 

   

 

 

 
     

Deferred tax liabilities:

               

Noncurrent:

               

Depreciation

    (8,656     (8,484

Other

    —          (461
   

 

 

   

 

 

 
     

Total noncurrent deferred tax liabilities

    (8,656     (8,945
   

 

 

   

 

 

 
     

Net noncurrent deferred tax liability

  $ (7,230   $ (6,917
   

 

 

   

 

 

 

A valuation allowance to reduce the deferred tax assets reported is required if, based on the weight of the evidence, it is more likely than not that some portion or all of the deferred tax assets will not be realized. For the fiscal years ended 2012 and 2011, management has determined that a valuation allowance is not required.

The Company intends and has the ability to indefinitely reinvest the earnings of its non-U.S. subsidiaries, which reflect full provision for non-U.S. income taxes, to expand its international operations. These earnings relate to ongoing operations and, at December 29, 2012, cumulative earnings were approximately $53 million. Accordingly, no provision has been made for U.S. income taxes that might be payable upon repatriation of such earnings. In the event any earnings of non-U.S. subsidiaries are repatriated, the Company will provide U.S. income taxes upon repatriation of such earnings, which will be offset by applicable foreign tax credits, subject to certain limitations.

The Company prescribes a recognition threshold and measurement attribute for an uncertain tax position taken or expected to be taken in a tax return.

The following is a roll-forward of the Company’s unrecognized tax benefits:

 

         

Unrecognized tax benefits - January 2, 2010

  $ 160  

Increases from positions taken during prior periods

    47  

Lapse of statute of limitations

    (38
   

 

 

 

Unrecognized tax benefits - January 1, 2011

  $ 169  

Increases from positions taken during prior periods

    440  

Lapse of statute of limitations

    —    
   

 

 

 

Unrecognized tax benefits - December 31, 2011

  $ 609  

Increases from positions taken during prior periods

    710  

Settled positions

    (124

Lapse of statute of limitations

    —    
   

 

 

 

Unrecognized tax benefits - December 29, 2012

  $ 1,195  

 

At December 29, 2012, the Company had an unrecognized tax benefit of $1,195 including accrued interest. If recognized, the unrecognized tax benefit would have a favorable effect on the effective tax rate in future periods. The Company recognizes interest and penalties related to income tax matters in income tax expense. Interest related to the unrecognized tax benefit has been recognized and included in income tax expense. Interest accrued as of December 29, 2012, is not considered material to the Company’s Consolidated Financial Statements.

The Company files U.S. federal income tax returns as well as income tax returns in various states and foreign jurisdictions. The Company is no longer subject to income tax examinations by tax authorities for years prior to 2004 for the majority of tax jurisdictions.

The Company’s federal returns are currently under examination by the Internal Revenue Service (IRS) in the United States for the periods 2004 through 2009. To date, there have not been any significant proposed adjustments that have not been accounted for in the Company’s financial statements.

Audit outcomes and the timing of audit settlements are subject to significant uncertainty. It is reasonably possible that within the next twelve months the Company will resolve some or all of the matters presently under consideration for 2004 through 2009 with the IRS and that there could be significant increases or decreases to unrecognized tax benefits.