INCOME TAXES | INCOME TAXES The Tax Act was enacted in December 2017 and included several provisions that affected Cadence significantly, such as a one-time, mandatory transition tax on its previously untaxed foreign earnings and a reduction in the federal corporation income tax rate from 35% to 21% as of January 1, 2018, among others. Cadence is required to recognize the effect of tax law changes in the period of enactment, which in the case of the Tax Act was December 2017, even though the effective date for most provisions of the Tax Act is January 1, 2018. The Securities and Exchange Commission issued Staff Accounting Bulletin No. 118, which allows registrants to record reasonable estimates or to apply tax laws in effect prior to the enactment of the Tax Act for a period of up to one year from the date of enactment when it does not have the necessary information available, prepared or analyzed in reasonable detail to complete its accounting for the changes in taxation. This provisional period ends when a company has obtained, prepared and analyzed the information necessary to finalize its accounting, but cannot extend beyond December 22, 2018. Cadence was unable to complete the accounting for the effects of the Tax Act in fiscal 2017 because of the complexity and ambiguity of certain tax and accounting effects of the Tax Act. Cadence made reasonable estimates and recorded provisional amounts for the following effects of the Tax Act: • Transition tax on the deemed repatriation of past earnings of foreign subsidiaries; • Remeasurement of U.S. deferred taxes for the U.S. tax rate reduction; • Deferred taxes on past earnings of foreign subsidiaries that may be repatriated in the future; and • Unrecognized tax benefits related to the transition tax. Cadence was unable to make reasonable estimates for the following tax law changes and applied the tax laws in effect prior to the enactment of the Tax Act: • Deferred taxes related to global intangible low-taxed income; and • Assessment of the valuation allowance applying the comprehensive changes in tax laws under the Tax Act. Cadence expects to refine and complete the accounting for the Tax Act during fiscal 2018 as it obtains, prepares and analyzes additional information. Cadence also expects that additional guidance and interpretation of the tax law changes and accounting for the tax effects of the Tax Act will be available during fiscal 2018. Cadence’s income before provision for income taxes included income from the United States and from foreign subsidiaries for fiscal 2017 , 2016 and 2015 , was as follows: 2017 2016 2015 (In thousands) United States $ 81,619 $ 84,694 $ 47,867 Foreign subsidiaries 233,427 152,459 219,729 Total income before provision for income taxes $ 315,046 $ 237,153 $ 267,596 During fiscal 2017, 2016 and 2015, Cadence’s foreign subsidiaries were generally subject to lower statutory tax rates than the United States statutory federal income tax rate of 35% . Cadence’s provision for income taxes was comprised of the following items for fiscal 2017 , 2016 and 2015 : 2017 2016 2015 (In thousands) Current: Federal $ (2,193 ) $ 4,839 $ (10,265 ) State and local (2,097 ) 50 (713 ) Foreign 35,301 34,047 24,622 Total current 31,011 38,936 13,644 Deferred: Federal 76,494 (5,291 ) (13,165 ) State and local 5,571 6,006 1,751 Foreign (2,131 ) (5,584 ) (1,734 ) Total deferred 79,934 (4,869 ) (13,148 ) Tax expense allocated to shareholders’ equity — — 14,683 Total provision for income taxes $ 110,945 $ 34,067 $ 15,179 The provision for income taxes differs from the amount estimated by applying the United States statutory federal income tax rate of 35% to income before provision for income taxes for fiscal 2017 , 2016 and 2015 as follows: 2017 2016 2015 (In thousands) Provision computed at federal statutory income tax rate $ 110,266 $ 83,003 $ 93,659 State and local income tax, net of federal tax effect 5,867 5,534 3,621 Foreign income tax rate differential (65,296 ) (36,098 ) (56,873 ) Impact of 2017 Tax Act* 96,798 — — Stock-based compensation (24,455 ) (13,132 ) 2,687 Change in deferred tax asset valuation allowance 4,689 1,243 (11,066 ) Tax credits (26,789 ) (39,765 ) (19,243 ) Repatriation of foreign earnings — 25,145 50 Tax effects of intra-entity transfer of assets (8,450 ) (7,661 ) (7,928 ) Domestic production activity deduction (2,474 ) (2,826 ) — Withholding taxes 11,225 9,870 5,119 Tax settlements, foreign 3,086 5,620 — Increase in unrecognized tax benefits not included in tax settlements 4,054 614 3,530 Other 2,424 2,520 1,623 Provision for income taxes $ 110,945 $ 34,067 $ 15,179 Effective tax rate 35 % 14 % 6 % ____________ * The provisional amount related to the remeasurement of U.S. deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future was $25.2 million . The provisional amount related to the one-time transition tax on the mandatory deemed repatriation of foreign earnings was $67.2 million . Cadence adopted the new accounting standard related to stock-based compensation in fiscal 2016, which requires the excess tax benefits or deficiencies to be reflected in the consolidated income statements as a component of the provision for income taxes, whereas these income tax effects were previously recognized in stockholders’ equity in the consolidated balance sheets. Cadence adopted the accounting standard on a prospective basis and prior fiscal periods were not restated. Total excess tax benefits recognized in the provision for income taxes in fiscal 2017 and fiscal 2016 were $32.0 million and $17.2 million , respectively. The components of deferred tax assets and liabilities consisted of the following as of December 30, 2017 and December 31, 2016 : As of December 30, December 31, (In thousands) Deferred tax assets: Tax credit carryforwards $ 164,687 $ 180,999 Reserves and accruals 42,357 62,438 Intangible assets 13,112 23,335 Capitalized research and development expense for income tax purposes 10,621 19,093 Operating loss carryforwards 20,650 23,175 Deferred income 12,178 14,842 Capital loss carryforwards 20,266 20,580 Stock-based compensation costs 15,782 20,087 Depreciation and amortization 7,665 12,202 Investments 3,201 6,442 Prepaid expenses — 26,526 Total deferred tax assets 310,519 409,719 Valuation allowance (95,491 ) (92,920 ) Net deferred tax assets 215,028 316,799 Deferred tax liabilities: Intangible assets (36,683 ) (35,651 ) Undistributed foreign earnings (23,563 ) (24,529 ) Other (2,730 ) (119 ) Total deferred tax liabilities (62,976 ) (60,299 ) Total net deferred tax assets $ 152,052 $ 256,500 Cadence remeasured its fiscal 2017 federal deferred tax assets and liabilities at the applicable tax rate of 21% in accordance with the Tax Act. Cadence regularly reviews its deferred tax assets for recoverability and establishes a valuation allowance if it is more likely than not that some portion of the deferred tax assets will not be realized. Because the Tax Act includes significant changes to tax laws that potentially impact Cadence’s valuation allowance analysis and Cadence could not make a reasonable estimate of the effect of such changes, Cadence reviewed its valuation allowance by applying the tax law in effect prior to the enactment of the Tax Act. During fiscal 2017, Cadence determined that there was sufficient positive evidence to conclude that $215.0 million of deferred tax assets were more likely than not to be realized. The evidence that the Company relied on to make this determination included the following: • The magnitude and duration of Cadence’s historical profitability in the United States; • Cadence’s multi-year history of approximately 90% of the aggregate value of its bookings being of a type that generates revenue recognized over time; • Cadence’s existing revenue backlog as of December 30, 2017 that provides Cadence with an objective source of future revenues to be recognized in fiscal 2018 and subsequent periods; and • Cadence’s expectation of having sufficient sources of income in the future to prevent the expiration of deferred tax assets. Cadence will provide adjustments to the fiscal 2017 valuation allowance during fiscal 2018 upon obtaining, preparing and analyzing the information necessary to update and finalize its accounting for the tax effects of the Tax Act. During fiscal 2017 and 2016, Cadence maintained valuation allowances of $95.5 million and $92.9 million , respectively, on certain federal, state and foreign deferred tax assets because the realization of these deferred tax assets require future income of a specific character or amount that Cadence considered uncertain. The valuation allowance primarily relates to the following: • Tax credits in certain states that are accumulating at a rate greater than Cadence’s capacity to utilize the credits and tax credits in certain states where it is likely the credits will expire unused; • Federal, state and foreign deferred tax assets related to investments and capital losses that can only be utilized against gains that are capital in nature; and • Foreign tax credits that can only be fully utilized if Cadence has sufficient income of a specific character in the future. As of December 30, 2017 , Cadence’s operating loss carryforwards were as follows: Amount Expiration Periods (In thousands) Federal $ 13,638 from 2021 through 2036 California 198,173 from 2019 through 2036 Other states (tax effected, net of federal benefit) 3,081 from 2019 through 2037 Foreign (tax effected) 866 from 2025 through indefinite As of December 30, 2017 , Cadence had tax credit carryforwards of: Amount Expiration Periods (In thousands) Federal* $ 87,746 from 2023 through 2037 California 52,628 indefinite Other states 9,153 from 2018 through 2037 Foreign 15,160 from 2018 through 2037 _____________ *Certain of Cadence’s foreign tax credits have yet to be realized and as a result do not yet have an expiration period. Under the Tax Act, all foreign earnings are subject to U.S. taxation. Accordingly, Cadence does not expect to indefinitely reinvest the earnings from its foreign subsidiaries, although Cadence continues to evaluate the accounting for all of the tax effects of the Tax Act during fiscal 2018. Examinations by Tax Authorities Taxing authorities regularly examine Cadence’s income tax returns. As of December 30, 2017 Cadence’s earliest tax years that remain open to examination and the assessment of additional tax include: Jurisdiction Earliest Tax Year Open to Examination United States - Federal 2014 United States - California 2013 Hungary 2012 Unrecognized Tax Benefits The changes in Cadence’s gross amount of unrecognized tax benefits during fiscal 2017 , 2016 and 2015 are as follows: 2017 2016 2015 (In thousands) Unrecognized tax benefits at the beginning of the fiscal year $ 98,540 $ 87,820 $ 97,224 Gross amount of the increases (decreases) in unrecognized tax benefits of tax positions taken during a prior year* 688 (155 ) (7,331 ) Gross amount of the increases in unrecognized tax benefits as a result of tax positions taken during the current year 13,141 11,342 7,513 Amount of decreases in unrecognized tax benefits relating to settlements with taxing authorities, including the utilization of tax attributes — — (9,571 ) Reductions to unrecognized tax benefits resulting from the lapse of the applicable statute of limitations (3,028 ) (149 ) (119 ) Effect of foreign currency translation 838 (318 ) 104 Unrecognized tax benefits at the end of the fiscal year $ 110,179 $ 98,540 $ 87,820 Total amounts of unrecognized tax benefits that, if upon resolution of the uncertain tax positions would reduce Cadence’s effective tax rate $ 63,108 $ 56,248 $ 48,335 _________ * Includes unrecognized tax benefits of tax positions recorded in connection with acquisitions The total amounts of interest, net of tax, and penalties recognized in the consolidated income statements as provision (benefit) for income taxes for fiscal 2017 , 2016 and 2015 were as follows: 2017 2016 2015 (In thousands) Interest $ 1,865 $ 1,166 $ 110 Penalties 218 3 (127 ) The total amounts of gross accrued interest and penalties recognized in the consolidated balance sheets as of December 30, 2017 and December 31, 2016 were as follows: As of December 30, December 31, (In thousands) Interest $ 2,511 $ 1,332 Penalties 151 265 |