Red Robin Gourmet Burgers, Inc. Annual report pursuant to Section 13 and 15(d)

Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes

12 Months Ended

Dec. 30, 2018

Income (loss) before income taxes includes the following components for the fiscal years ended December 30, 2018, December 31, 2017, and December 25, 2016 (in thousands):



	2018			2017			2016

U.S.	$	(16,045	)	$	32,208		$	7,806
Foreign	(5,365		)	(3,188		)	(3,018		)
	$	(21,410	)	$	29,020		$	4,788

The benefit for income taxes for the fiscal years ended December 30, 2018, December 31, 2017, and December 25, 2016 consist of the following (in thousands):



	2018			2017			2016
Current:
Federal	$	2,043		$	2,304		$	2,503
State	1,579			3,175			2,078
Foreign	—			—			—
Deferred:
Federal	(16,688		)	(6,045		)	(9,407		)
State	(2,068		)	(680		)	(2,300		)
Foreign	143			247			189
	$	(14,991	)	$	(999	)	$	(6,937	)

The reconciliation between the income tax provision and the amount of income tax computed by applying the U.S. federal statutory rate to income (loss) before the provision for income taxes as shown in the accompanying consolidated statements of operations and comprehensive income (loss), for fiscal years ended December 30, 2018, December 31, 2017, and December 25, 2016 is as follows:



	2018		2017		2016
Tax provision at U.S. federal statutory rate	21.0	%	35.0	%	35.0	%
State income taxes	2.8		5.0		(3.0	)
FICA tip tax credits	49.2		(32.4	)	(183.8	)
Foreign taxes versus U.S statutory rate	0.9		0.7		6.7
Valuation allowance on deferred income tax assets	(7.4	)	4.5		19.3
Deferred tax remeasurement due to the Tax Act	—		(9.7	)	—
Other tax credits	7.0		(6.5	)	(27.7	)
Meals and entertainment	(0.8	)	0.9		6.6
Excess stock options	(0.6	)	(1.0	)	—
Employee travel	(2.0	)	—		—
Other	(1.0	)	—		2.0
Effective tax rate	69.1	%	(3.5	)%	(144.9	)%

The Company again had a tax benefit in 2018, but due to the mathematical computation of tax benefit to book loss the effective tax rate above is represented as a positive percentage. During 2017 and 2016, the Company had a tax benefit with book income, which presents the effective tax rate as a negative percentage. The decrease in the Company’s effective tax rate in 2018 is primarily attributable to the decrease in earnings before income tax, as well as the decrease in the federal statutory rate from 35% to 21% beginning in 2018. The increase in the Company’s effective tax rate in 2017 from 2016 was primarily attributable to the increase in earnings before income tax, partially offset by an increase in the FICA tip tax credit.

The Company’s federal and state deferred taxes at December 30, 2018 and December 31, 2017 are as follows (in thousands):



	2018			2017
Deferred tax assets and (liabilities), net:
Deferred rent	$	14,603		$	14,024
Stock-based compensation	5,434			5,267
General business and other tax credits	25,872			18,269
Accrued compensation and related costs	5,938			6,496
Advanced payments	3,783			2,846
Other non-current deferred tax assets	5,412			5,250
Other non-current deferred tax liabilities	(2,605		)	(2,013		)
Goodwill	(11,440		)	(9,850		)
Property and equipment	3,698			(8,027		)
Franchise rights	437			(23		)
Prepaid expenses	(3,600		)	(4,157		)
Supplies inventory	(4,514		)	(5,150		)
Subtotal	43,018			22,932
Valuation allowance	(5,177		)	(3,742		)
Net deferred tax asset	37,841			19,190
Non-current deferred tax asset	38,688			19,932
Non-current deferred tax liability	(847		)	(742		)
Total	$	37,841		$	19,190

Realization of net deferred tax assets is dependent upon profitable operations and future reversals of existing taxable temporary differences. Based on the Company’s evaluation of its deferred tax assets, as of December 30, 2018, a valuation allowance of approximately $5.2 million has been recorded against the deferred tax asset for state income tax credits and the deferred taxes of our foreign subsidiary, including the net operating loss carry forward, in order to measure only the portion of the deferred tax assets that more likely than not will be realized. However, the amount of the deferred tax assets considered realizable could be adjusted if estimates of future taxable income during the carry forward period are increased or reduced, or if there are differences in the timing or amount of future reversals of existing taxable temporary differences. The Company also assessed whether its valuation allowance analyses were affected by various aspects of the Tax Act, and concluded all deferred tax assets, except those already reduced due to a valuation allowance, will continue to be realized.

We do not provide for deferred taxes on the excess of the financial reporting basis over the tax basis in our investments in foreign subsidiaries that are essentially permanent in duration. We intend to reinvest earnings from our foreign subsidiaries, if any, in those operations for the foreseeable future. We have not, nor do we anticipate the need to, repatriate funds to the U.S. to satisfy domestic liquidity needs and, accordingly, we do not provide for U.S. federal income and foreign withholding tax on these earnings. While we do not expect to repatriate cash to the U.S., if these funds were distributed to the U.S., in the form of dividends or otherwise, we would be subject to additional U.S. income taxes. Determination of the amount of unrecognized deferred income tax liabilities on these earnings is not practicable because such liability, if any, is dependent on circumstances existing if and when remittance occurs. In addition, the international provisions of the Tax Act do not have a material impact on the Company.

The Tax Act also repealed the corporate alternative minimum tax (“AMT”) for tax years beginning January 1, 2018, and provides that existing AMT credit carryovers are refundable beginning in 2018. The Company has approximately $1.6 million of AMT credit carryovers that are expected to be fully refunded between 2018 and 2021.

Pursuant to the guidance for uncertain tax positions, a taxpayer must be able to more likely than not sustain a position to recognize a tax benefit, and the measurement of the benefit is calculated as the largest amount that is more than 50 percent likely to be realized upon resolution of the benefit. The Company has analyzed filing positions in all of the federal, state, and foreign jurisdictions where it is required to file income tax returns, as well as all open tax years in these jurisdictions. The only periods subject to examination for the Company’s federal and state returns are the 2014 through 2018 tax years.

The following table summarizes the Company’s unrecognized tax benefits at December 30, 2018 and December 31, 2017 (in thousands):



	2018			2017
Beginning of year	$	287		$	170
Increase due to current year tax positions	82			172
Due to decrease to a position taken in a prior year	(7		)	(2		)
Settlements	(21		)	(11		)
Reductions related to lapses	(37		)	(42		)
End of year	$	304		$	287

The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate is approximately $0.3 million. The Company does not anticipate significant changes in the aggregate amount of unrecognized tax benefits within the next 12 months, other than nominal tax settlements.

The Company’s policy for recording interest and penalties associated with audits is to record such items as a component of income before taxes. Penalties are recorded in Interest income and other, net, and interest paid or received is recorded in Interest expense in the consolidated statements of operations and comprehensive income (loss). The Company recorded immaterial interest expense on the identified tax liabilities in 2018, 2017, and 2016.