Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.8.0.1
Income Taxes
12 Months Ended
Feb. 03, 2018
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
 
The components of our income tax expense/(benefit) were as follows:
($ in millions)
 
2017
 
2016
 
2015
Current
 
 
 
 
 
 
Federal and foreign
 
$
(64
)
 
$
(12
)
 
$
5

State and local
 
22

 
4

 
6

Total current
 
(42
)
 
(8
)
 
11

Deferred
 
 
 
 
 
 
Federal and foreign
 
(59
)
 
9

 
(1
)
State and local
 
(25
)
 

 
(1
)
Total deferred
 
(84
)
 
9

 
(2
)
Total income tax expense/(benefit)
 
$
(126
)
 
$
1

 
$
9




The following table summarizes a reconciliation of income tax expense/(benefit) compared with the amounts at the U.S. federal statutory income tax rate:
($ in millions)
 
2017
 
2016
 
2015
Federal income tax at statutory rate
 
$
(82
)
 
$
1

 
$
(176
)
State and local income tax, less federal income tax benefit
 
(12
)
 
(2
)
 
(21
)
Increase/(decrease) in valuation allowance
 
33

 
(1
)
 
185

Effect of U.S. tax reform
 
(75
)
 

 

Other, including permanent differences and credits
 
10

 
3

 
21

Total income tax expense/(benefit)
 
$
(126
)
 
$
1

 
$
9




















Our deferred tax assets and liabilities were as follows:
($ in millions)
 
2017
 
2016
Assets
 
 
 
 
Merchandise inventory
 
$
10

 
$
27

Accrued vacation pay
 
8

 
17

Gift cards
 
57

 
98

Stock-based compensation
 
30

 
58

State taxes
 
5

 
12

Workers’ compensation/general liability
 
44

 
74

Accrued rent
 
26

 
39

Litigation exposure
 
3

 
16

Mirror savings plan
 
8

 
13

Pension and other retiree obligations
 
34

 
76

Net operating loss and tax credit carryforwards
 
719

 
931

Other
 
48

 
77

Total deferred tax assets
 
992

 
1,438

Valuation allowance
 
(767
)
 
(993
)
Total net deferred tax assets
 
225

 
445

Liabilities
 
 
 
 
Depreciation and amortization
 
(310
)
 
(561
)
Tax benefit transfers
 
(31
)
 
(53
)
Long-lived intangible assets
 
(27
)
 
(35
)
Total deferred tax liabilities
 
(368
)
 
(649
)
Total net deferred tax liabilities
 
$
(143
)
 
$
(204
)


The U.S. Tax Cuts and Jobs Act, enacted in December 2017, significantly changed the U.S. corporate income tax laws. In connection with the enactment, we recorded a net benefit of $75 million during the fourth quarter of 2017, which is primarily due to the revaluation of net deferred tax liabilities based on the new lower corporate income tax rate.

As of February 3, 2018, a valuation allowance of $767 million has been recorded against our deferred tax assets. In assessing the need for the valuation allowance, we considered both positive and negative evidence related to the likelihood of realization of the deferred tax assets. As a result of our assessment, we concluded that, beginning in the second quarter of 2013, our estimate of the realization of deferred tax assets would be based solely on the future reversals of existing taxable temporary differences and tax planning strategies that we would make use of to accelerate taxable income to utilize expiring net operating loss (NOL) and tax credit carryforwards.

We are required to allocate a portion of our tax provision between operating losses and Accumulated other comprehensive income/(loss). In 2017, we experienced a loss in continuing operations and income in other comprehensive income.  Under the allocation rules we are only required to recognize the valuation allowance allocable to the tax benefit attributable to losses in each component of comprehensive income.  Accordingly, there is no valuation allowance offsetting a deferred tax benefit attributable to other comprehensive income included in the total valuation allowance of $767 million noted above.

The Company has a federal net operating loss (NOL) of $2.1 billion and $58 million of tax credit carryforwards as of February 3, 2018. These NOL carryforwards (expiring in 2032 through 2034) arose prior to December 31, 2017 and are available to offset future taxable income. The Company may recognize additional NOLs in the future which, under the Tax Act, would not expire but would only be available to offset up to 80% of the Company’s future taxable income.

These carryforwards have a potential to be used to offset future taxable income and reduce future cash tax liabilities by approximately $719 million. The Company’s ability to utilize these carryforwards will depend upon the availability of future taxable income during the carryforward period and, as such, there is no assurance the Company will be able to realize such tax savings.
The Company’s ability to utilize NOL carryforwards could be further limited if it were to experience an “ownership change,” as defined in Section 382 of the Code and similar state provisions. An ownership change can occur whenever there is a cumulative shift in the ownership of a company by more than 50 percentage points by one or more “5% stockholders” within a three-year period. The occurrence of such a change generally limits the amount of NOL carryforwards a company could utilize in a given year to the aggregate fair market value of the company’s common stock immediately prior to the ownership change, multiplied by the long-term tax-exempt interest rate in effect for the month of the ownership change.

As discussed in Note 13, on January 27, 2014, the Board adopted the Amended Rights Agreement to help prevent acquisitions of the Company’s common stock that could result in an ownership change under Section 382 which helps preserve the Company’s ability to use its NOL and tax credit carryforwards. The Amended Rights Agreement was ratified by the shareholder vote on May 16, 2014. On May 19, 2017, stockholders approved the extension of the term of the agreement to January 26, 2020.

The Amended Rights Agreement is designed to prevent acquisitions of the Company’s common stock that would result in a stockholder owning 4.9% or more of the Company’s common stock (as calculated under Section 382), or any existing holder of 4.9% or more of the Company’s common stock acquiring additional shares, by substantially diluting the ownership interest of any such stockholder unless the stockholder obtains an exemption from the Board.
    
A reconciliation of unrecognized tax benefits is as follows:
($ in millions)
 
2017
 
2016
 
2015
Beginning balance
 
$
79

 
$
91

 
$
62

Additions for tax positions of prior years
 
4

 
16

 
40

Reductions for tax positions of prior years
 
(45
)
 
(24
)
 

Settlements and effective settlements with tax authorities
 
(3
)
 
(4
)
 
(10
)
Expirations of statute
 

 

 
(1
)
Balance at end of year 
 
$
35

 
$
79

 
$
91



Unrecognized tax benefits included in our Consolidated Balance Sheets were as follows:
($ in millions)
 
2017
 
2016
Deferred taxes (noncurrent liability)
 
$
32

 
$
75

Accounts payable and accrued expenses (Note 7)
 
2

 
3

Other liabilities (Note 8)
 
1

 
1

Total
 
$
35

 
$
79



As of the end of 2017, 2016 and 2015, the unrecognized tax benefits balance included $32 million, $32 million and $33 million, respectively, that, if recognized, would be a benefit in the income tax provision after giving consideration to the offsetting effect of $7 million, $11 million and $12 million, respectively, related to the federal tax deduction of state taxes. The remaining amounts reflect tax positions for which the ultimate deductibility is highly certain, but for which there is uncertainty about the timing. Accrued interest and penalties related to unrecognized tax benefits included in income tax expense as of the end of 2017, 2016 and 2015 were $1 million, $2 million and $3 million, respectively.
 
We file income tax returns in U.S. federal and state jurisdictions and certain foreign jurisdictions. Our U.S. federal returns have been examined through 2015. We are audited by the taxing authorities of many states and certain foreign countries and are subject to examination by these taxing jurisdictions for years generally after 2008. The tax authorities may have the right to examine prior periods where federal and state NOL and tax credit carryforwards were generated, and make adjustments up to the amount of the NOL and credit carryforward amounts.