Annual report pursuant to Section 13 and 15(d)

Income Taxes

Income Taxes
12 Months Ended
Apr. 30, 2017
Income Taxes

8. Income Taxes

The provision for income taxes is based on reported income before income taxes. Deferred income tax assets and liabilities reflect the impact of temporary differences between the amounts of assets and liabilities recognized for financial reporting purposes and the amounts recognized for tax purposes, as measured by applying the currently enacted tax laws.

The provision (benefit) for domestic and foreign income taxes was as follows:


     Year Ended April 30,  
     2017     2016     2015  
     (in thousands)  

Current income taxes:



   $ (2,026   $ 13,087     $ 16,569  


     1,207       3,271       2,412  


     23,334       16,394       13,650  










Current provision for income taxes

     22,515       32,752       32,631  

Deferred income taxes:



     3,341       (5,334     3,140  


     341       (1,838     (239


     2,907       (6,620     (2,006










Deferred provision (benefit) for income taxes

     6,589       (13,792     895  










Total provision for income taxes

   $         29,104     $         18,960     $         33,526  











The domestic and foreign components of income from continuing operations before domestic and foreign income and other taxes and equity in earnings of unconsolidated subsidiaries were as follows:


     Year Ended April 30,  
     2017      2016      2015  
     (in thousands)  


   $ 5,539      $ 22,228      $ 65,885  


     110,470        26,534        53,817  










Income before provision for income taxes and equity in earnings of unconsolidated subsidiaries

   $         116,009      $         48,762      $         119,702  










The reconciliation of the statutory federal income tax rate to the effective consolidated tax rate is as follows:


     Year Ended April 30,  
     2017     2016     2015  

U.S. federal statutory income tax rate

     35.0     35.0     35.0

Non-deductible transaction costs


Foreign tax rates differential

     (9.1     (2.8     (4.2

COLI increase, net

     (1.5     (2.9     (3.1

Conclusion of U.S. federal tax audit


Non-deductible operating expenses

     0.6       1.5       0.5  

Devaluation of Venezuelan currency


Change in valuation allowance

     (3.1     (6.2      

Change in uncertain tax positions

           1.3       (0.1

Foreign source income, net of credits generated

     (0.1     0.5       0.4  


     3.3       3.7       (0.5










Effective income tax rate

                     25.1                     38.9                     28.0










The lower effective tax rate in fiscal 2017 was due primarily to a higher percentage of taxable income arising in jurisdictions with lower statutory tax rates. The effective tax rate in fiscal 2016 was higher largely due to the impact of non-deductible expenses incurred in connection with the acquisition of Legacy Hay and non-deductible charges related to the devaluation of the Venezuelan currency. In both fiscal 2017 and 2016, the Company recorded an income tax benefit from the reversal of valuation allowances previously recorded against deferred tax assets, including net operating losses, of certain foreign subsidiaries that have returned to profitability and are now more-likely-than-not to realize those deferred tax assets.


Components of deferred tax assets and liabilities are as follows:


     April 30,  
     2017     2016  
     (in thousands)  

Deferred tax assets:


Deferred compensation

   $ 92,043     $ 91,712  

Loss and credit carryforwards

     32,854       31,023  

Reserves and accruals

     14,095       14,189  

Deferred rent

     9,797       7,684  

Deferred revenue

     2,434       11,464  

Allowance for doubtful accounts

     1,705       1,431  


     3,041       5,002  







Gross deferred tax assets

             155,969               162,505  







Deferred tax liabilities:



     (90,214     (94,284

Property and equipment

     (11,507     (10,603

Prepaid expenses

     (17,324     (12,698


     (2,485     (815







Gross deferred tax liabilities

     (121,530     (118,400







Valuation allowances

     (21,278     (22,030







Net deferred tax asset

   $ 13,161     $ 22,075  







Deferred tax assets are reduced by a valuation allowance if it is more-likely-than-not that some portion or all of the deferred tax asset will not be realized. Management believes uncertainty exists regarding the realizability of certain operating losses and has, therefore, established a valuation allowance for this portion of the deferred tax asset. Realization of the deferred income tax asset is dependent on the Company generating sufficient taxable income of the appropriate nature in future years. Although realization is not assured, management believes that it is more likely than not that the net deferred income tax assets will be realized. Deferred tax assets and deferred tax liabilities are presented net on the consolidated balance sheets by tax jurisdiction.

As of April 30, 2017, the Company had U.S. federal net operating loss carryforwards of $3.6 million, which the Company anticipates will be fully utilized by fiscal 2028. The Company has state net operating loss carryforwards of $23.3 million, which, if unutilized, will begin to expire in fiscal 2018. The Company also has foreign net operating loss carryforwards of $108.4 million, which, if unutilized, will begin to expire in fiscal 2018. The Company also has foreign tax credit carryforwards of $3.0 million, which, if unutilized, will expire in 2027.

The Company has not provided for U.S. taxes or foreign withholding taxes on approximately $359.3 million of undistributed earnings of its foreign subsidiaries as such earnings are intended to be reinvested indefinitely. If a distribution of these earnings were to be made, the Company might be subject to both foreign withholding taxes and U.S. income taxes, net of any allowable foreign tax credits or deductions. An estimate of these taxes, however, is not practicable.

The Company and its subsidiaries file federal and state income tax returns in the U.S. as well as in foreign jurisdictions. These income tax returns are subject to audit by the Internal Revenue Service (the ‘IRS’) and various state and foreign tax authorities. In December 2015, the IRS concluded an examination of the Company’s fiscal year 2013 U.S. federal income tax return. The State of California is currently auditing the Company’s state income tax returns for fiscal years 2013 and 2014. Outside the United States, income tax returns of the Company’s subsidiaries are under audit in Canada, Germany and India. The Company’s income tax returns are not otherwise under examination in any material jurisdictions. The statute of limitations varies by jurisdiction in which the Company operates. With few exceptions, however, the Company’s tax returns for years prior to fiscal 2011 are no longer open to examination by tax authorities (including U.S. federal, state and foreign).


Unrecognized tax benefits are the differences between the amount of benefits of tax positions taken, or expected to be taken, on a tax return and the amount of benefits recognized for financial reporting purposes. As of April 30, 2017, the Company had a liability of $2.5 million for unrecognized tax benefits. A reconciliation of the beginning and ending balances of the unrecognized tax benefits is as follows:


     Year Ended April 30,  
     2017      2016     2015  
     (in thousands)  

Unrecognized tax benefits, beginning of year

   $ 2,095      $ 2,423     $ 2,701  

Settlement with tax authority

            (1,963     (497

Additions based on tax positions related to the current year

     383        1,305       219  

Additions based on tax positions related to prior years











Unrecognized tax benefits, end of year

   $         2,478      $         2,095     $         2,423  










The liability for unrecognized tax benefits is included in income taxes payable in the consolidated balance sheets. The full amount of unrecognized tax benefits would impact the effective tax rate if recognized. In the next twelve months, it is reasonably possible that the Company’s unrecognized tax benefits could change due to resolution of certain tax matters, which could include payments on those tax matters. These resolutions and payments could reduce the Company’s liability for unrecognized tax benefits balance by approximately $0.3 million.

The Company classifies interest and penalties related to unrecognized tax benefits as a component of the provision for income taxes. The Company had no accrual for interest or penalties related to unrecognized tax benefits as of April 30, 2017 and April 30, 2016. The Company accrued approximately $0.1 million of interest related to unrecognized tax benefits over the last three fiscal years.