INCOME TAXES | INCOME TAXES Cadence’s income before provision (benefit) for income taxes included income from the United States and from foreign subsidiaries for fiscal 2019 , 2018 and 2017 , was as follows: 2019 2018 2017 (In thousands) United States $ 139,306 $ 58,963 $ 81,619 Foreign subsidiaries 339,662 317,427 233,427 Total income before provision (benefit) for income taxes $ 478,968 $ 376,390 $ 315,046 Cadence’s provision (benefit) for income taxes was comprised of the following items for fiscal 2019 , 2018 and 2017 : 2019 2018 2017 (In thousands) Current: Federal $ 15,282 $ 902 $ (2,193 ) State and local 2,716 (1,270 ) (2,097 ) Foreign 48,729 42,657 35,301 Total current 66,727 42,289 31,011 Deferred: Federal (9,001 ) (10,324 ) 76,494 State and local 6,593 886 5,571 Foreign (574,330 ) (2,238 ) (2,131 ) Total deferred (576,738 ) (11,676 ) 79,934 Total provision (benefit) for income taxes $ (510,011 ) $ 30,613 $ 110,945 During the fourth quarter of fiscal 2019, Cadence completed intercompany transfers of certain intangible property rights to its Irish subsidiary, which resulted in the establishment of a deferred tax asset and the recognition of an income tax benefit of $575.6 million . Cadence expects to be able to realize the Irish deferred tax asset in future years and did not provide for a valuation allowance. Cadence considered all available positive and negative evidence, including its past operating results, forecasted earnings, future taxable income, and any prudent and feasible tax planning strategies in making this determination. The U.S. Tax Cuts and Jobs Act (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. The provision for income taxes differs from the amount estimated by applying the United States statutory federal income tax rates of 21% to income before provision (benefit) for income taxes for fiscal 2019 and fiscal 2018 and of 35% to income before provision for income taxes for fiscal 2017 as follows: 2019 2018 2017 (In thousands) Provision computed at federal statutory income tax rate $ 100,583 $ 79,042 $ 110,266 State and local income tax, net of federal tax effect 23,221 15,540 5,867 Intercompany transfers of intangible property rights (575,618 ) — — Foreign income tax rate differential (37,786 ) (37,031 ) (65,296 ) Deemed repatriation transition tax — (1,409 ) 67,188 Remeasurement of U.S. deferred tax assets and liabilities — — 25,200 U.S. tax on foreign entities 57,225 28,846 — Stock-based compensation (29,785 ) (13,539 ) (24,455 ) Change in deferred tax asset valuation allowance 16,796 13,234 4,689 Tax credits (87,793 ) (72,815 ) (26,789 ) Non-deductible research and development expense 4,363 4,700 — Tax effects of intra-entity transfer of assets 895 79 (8,450 ) Domestic production activity deduction — — (2,474 ) Withholding taxes 15,865 11,535 11,225 Tax settlements, foreign 458 — 3,086 Increase (decrease) in unrecognized tax benefits (1,303 ) (1,545 ) 4,054 Other 2,868 3,976 6,834 Provision (benefit) for income taxes $ (510,011 ) $ 30,613 $ 110,945 Effective tax rate (106 )% 8 % 35 % Due to the timing of the enactment and the complexity involved in applying the provisions of the Tax Act, Cadence recorded a provisional $67.2 million expense related to the one-time transition tax during fiscal 2017. In accordance with the Securities and Exchange Commission Staff Accounting Bulletin No. 118, this amount was updated to $65.8 million of expense during fiscal 2018. The components of deferred tax assets and liabilities consisted of the following as of December 28, 2019 and December 29, 2018 : As of December 28, December 29, (In thousands) Deferred tax assets: Tax credit carryforwards $ 206,008 $ 197,524 Reserves and accruals 47,562 43,522 Intangible assets 583,323 12,096 Capitalized research and development expense for income tax purposes 18,477 6,975 Operating loss carryforwards 6,201 15,347 Deferred income 16,704 6,580 Capital loss carryforwards 17,320 20,342 Stock-based compensation costs 15,097 15,329 Depreciation and amortization 8,721 8,759 Investments 2,459 2,900 Lease liability 25,016 — Total deferred tax assets 946,888 329,374 Valuation allowance (125,520 ) (108,724 ) Net deferred tax assets 821,368 220,650 Deferred tax liabilities: Intangible assets (24,907 ) (36,194 ) Undistributed foreign earnings (31,916 ) (27,627 ) ROU assets (25,016 ) — Other (8,350 ) (2,497 ) Total deferred tax liabilities (90,189 ) (66,318 ) Total net deferred tax assets $ 731,179 $ 154,332 During fiscal 2019 and 2018 , Cadence maintained valuation allowances of $125.5 million and $108.7 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 28, 2019 , Cadence’s operating loss carryforwards were as follows: Amount Expiration Periods (In thousands) Federal $ 1,059 from 2021 through 2029 California 28,820 from 2027 through 2036 Other states (tax effected, net of federal benefit) 1,853 from 2020 through 2038 Foreign (tax effected) 2,113 from 2025 through indefinite As of December 28, 2019 , Cadence had tax credit carryforwards of: Amount Expiration Periods (In thousands) Federal* $ 100,128 from 2025 through 2039 California 72,897 indefinite Other states 11,286 from 2020 through indefinite Foreign 21,697 from 2035 through indefinite _____________ *Certain of Cadence’s foreign tax credits have yet to be realized and as a result do not yet have an expiration period. Examinations by Tax Authorities Taxing authorities regularly examine Cadence’s income tax returns. As of December 28, 2019 , 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 2015 United States – California 2015 Ireland 2015 Unrecognized Tax Benefits The changes in Cadence’s gross amount of unrecognized tax benefits during fiscal 2019 , 2018 and 2017 are as follows: 2019 2018 2017 (In thousands) Unrecognized tax benefits at the beginning of the fiscal year $ 101,857 $ 110,179 $ 98,540 Gross amount of the increases (decreases) in unrecognized tax benefits of tax positions taken during a prior year* (3,143 ) (4,183 ) 688 Gross amount of the increases in unrecognized tax benefits as a result of tax positions taken during the current year 8,951 2,370 13,141 Amount of decreases in unrecognized tax benefits relating to settlements with taxing authorities, including the utilization of tax attributes (380 ) — — Reductions to unrecognized tax benefits resulting from the lapse of the applicable statute of limitations (1,692 ) (5,179 ) (3,028 ) Effect of foreign currency translation 448 (1,330 ) 838 Unrecognized tax benefits at the end of the fiscal year $ 106,041 $ 101,857 $ 110,179 Total amounts of unrecognized tax benefits that, if upon resolution of the uncertain tax positions would reduce Cadence’s effective tax rate $ 61,527 $ 58,022 $ 63,108 _____________ * Includes unrecognized tax benefits of tax positions recorded in connection with acquisitions It is reasonably possible that the amount of unrecognized tax positions could decrease by approximately $10 million during the next 12 months. The potential decrease could be primarily driven by settlements with tax authorities. The actual amount could vary significantly depending on the ultimate timing and nature of any settlements. The total amounts of interest, net of tax, and penalties recognized in the consolidated income statements as provision (benefit) for income taxes for fiscal 2019 , 2018 and 2017 were as follows: 2019 2018 2017 (In thousands) Interest $ 490 $ 585 $ 1,865 Penalties 19 342 218 The total amounts of gross accrued interest and penalties recognized in the consolidated balance sheets as of December 28, 2019 and December 29, 2018 were as follows: As of December 28, December 29, (In thousands) Interest $ 3,500 $ 2,699 Penalties 12 10 |