Income taxes | 10. Income taxes The components of income tax (benefit) expense (“tax provision”) are included in the table below. The tax provision for deferred income taxes results from temporary differences arising primarily from net operating losses, inventories valuation, receivables valuation, suspended interest deductions, certain accrued amounts, and depreciation and amortization, net of any changes to valuation allowances. Years Ended July 3, 2021 June 27, 2020 June 29, 2019 (Thousands) Current: Federal $ (62,445) $ (127,250) $ (20,250) State and local (4,723) 17,990 8,248 Foreign 21,530 22,816 79,004 Total current taxes (45,638) (86,444) 67,002 Deferred: Federal 21,590 14,845 17,725 State and local 259 4,450 580 Foreign 3,604 (31,355) (25,048) Total deferred taxes 25,453 (12,060) (6,743) Income tax (benefit) expense $ (20,185) $ (98,504) $ 60,259 The tax provision is computed based upon income (loss) before income taxes from both U.S. and foreign operations. U.S. income (loss) before income taxes was $(89.4) million, $(254.8) million and, $54.9 million, in fiscal 2021, 2020, and 2019, respectively, and foreign income before income taxes was $262.3 million, $125.2 million, and $181.7 million in fiscal 2021, 2020, and 2019, respectively. On March 27, 2020, the United States enacted the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The CARES Act is an approximately $2 trillion emergency economic stimulus package in response to the COVID-19 pandemic, which among other things contains numerous income tax provisions. The CARES Act allows net operating losses incurred in fiscal years 2019, 2020, and 2021 to be carried back to each of the five preceding taxable years to generate a refund of previously paid income taxes. The Company expects to utilize this carryback provision, which is generating a tax benefit in fiscal 2021. An income tax refund receivable of $241.3 million, associated with the fiscal 2021 and fiscal 2020 income tax benefit, is classified within Receivables on the consolidated balance sheets. The Company asserts that all of its unremitted foreign earnings are permanently reinvested and any unrecorded liabilities related to this assertion are not material. Reconciliations of the federal statutory tax rate to the effective tax rates are as follows: Years Ended July 3, 2021 June 27, 2020 June 29, 2019 U.S. federal statutory rate 21.0 % 21.0 % 21.0 % State and local income taxes, net of federal benefit (2.2) 4.6 0.3 Tax on foreign income, net of valuation allowances (10.7) 5.0 (0.5) Establishment/release of valuation allowances, net of U.S. tax expense 2.1 (28.5) (3.3) Change in unrecognized tax benefit reserves 14.3 20.1 18.3 Tax audit settlements 0.4 (5.6) 1.0 Impact of the Tax Cuts and Jobs Act (the Act) - transition tax — — 7.3 Impact of the Act - deferred tax effects — — (5.8) Impact of the CARES Act (8.4) 10.2 — Impairment of investments, including goodwill (22.4) 56.5 (8.2) Other, net (5.8) (7.3) (4.6) Effective tax rate (11.7) % 76.0 % 25.5 % Tax rates on foreign income represents the impact of the difference between foreign rates and the U.S. federal statutory rate applied to foreign income or loss, foreign income taxed in the U.S. at rates other than its statutory rate, and the impact of valuation allowances previously established against the Company’s otherwise realizable foreign deferred tax assets, which are primarily net operating loss carry-forwards. Avnet’s effective tax rate on income before income taxes was 11.7% of benefit in fiscal 2021 as compared with an effective tax rate of 76.0% of benefit on fiscal 2020 loss before income taxes. Included in the fiscal 2021 effective tax rate is a tax benefit arising from the reduction in fair value of certain businesses, resulting in losses that can be carried back under U.S. tax law, partially offset by the net increase to unrecognized tax benefit reserves. The Company applies the guidance in ASC 740 Income Taxes The significant components of deferred tax assets and liabilities, included in “other assets” on the consolidated balance sheets, are as follows: July 3, June 27, 2021 2020 (Thousands) Deferred tax assets: Federal, state and foreign net operating loss carry-forwards $ 282,882 $ 237,200 Depreciation and amortization 17,333 16,585 Inventories valuation 25,336 35,509 Operating lease liabilities 69,759 67,814 Receivables valuation 13,757 11,868 Various accrued liabilities and other 62,082 102,298 471,149 471,274 Less — valuation allowances (293,569) (283,721) 177,580 187,553 Deferred tax liabilities: Operating lease assets (68,135) (66,316) Net deferred tax assets $ 109,445 $ 121,237 The increase in valuation allowances in fiscal 2021 from fiscal 2020 was primarily related to the $25.2 million increase resulting from a tax rate change in the United Kingdom, a $10.0 million increase resulting from changing foreign exchange rates, partially offset by a $27.6 million decrease relating to the current year activity in the United States. As of July 3, 2021, the Company had net operating and capital loss carry-forwards of approximately $1.45 billion, of which $35.2 million will expire during fiscal 2022 and fiscal 2023, substantially all of which have full valuation allowances, $301.9 million have expiration dates ranging from fiscal 2024 to fiscal 2040, and the remaining $1.12 billion have no expiration date. A significant portion of these losses are not expected to be realized in the foreseeable future and have valuation allowances against them. The carrying value of the Company’s net operating and capital loss carry-forwards depends on the Company’s ability to generate sufficient future taxable income in certain tax jurisdictions. In addition, the Company considers historic levels and types of income or losses, expectations and risk associated with estimates of future taxable income, and ongoing prudent and feasible tax planning strategies in assessing the need for valuation allowances as discussed further above. Estimated liabilities for unrecognized tax benefits are included in “Accrued expenses and other” and “Other liabilities” on the consolidated balance sheets. These contingent liabilities relate to various tax matters that result from uncertainties in the application of complex income tax regulations in the numerous jurisdictions in which the Company operates. As of July 3, 2021, unrecognized tax benefits were $145.1 million. The estimated liability for unrecognized tax benefits included accrued interest expense and penalties of $26.4 million and $20.2 million, net of applicable state tax benefits, as of the end of fiscal 2021 and 2020, respectively. Reconciliations of the beginning and ending liability balances for unrecognized tax benefits, excluding interest and penalties, are as follows: July 3, 2021 June 27, 2020 (Thousands) Balance at beginning of year $ 96,292 $ 123,765 Additions for tax positions taken in prior periods 36,452 10,456 Reductions for tax positions taken in prior periods (4,880) (33,880) Reductions related to tax rate change (200) — Additions for tax positions taken in current period 4,030 23,611 Reductions related to settlements with taxing authorities (711) (5,480) Reductions related to the lapse of applicable statutes of limitations (15,713) (21,339) Adjustments related to foreign currency translation 3,390 (841) Balance at end of year $ 118,660 $ 96,292 The evaluation of uncertain income tax positions requires management to estimate the ability of the Company to sustain its position with applicable tax authorities and estimate the final benefit to the Company. If the actual outcomes differ from the Company’s estimates, there could be an impact on the consolidated financial statements in the period in which the position is settled, the applicable statutes of limitations expire, or new information becomes available, as the impact of these events are recognized in the period in which they occur. It is difficult to estimate the period in which the amount of a tax position will change as settlement may include administrative and legal proceedings beyond the Company’s control. The effects of settling tax positions with tax authorities and statute expirations may significantly impact the estimate for unrecognized tax benefits. Within the next twelve months, the Company estimates that approximately $11.3 million of these liabilities for unrecognized tax benefits will be settled by the expiration of the statutes of limitations or through agreement with the tax authorities for tax positions related to valuation matters and positions related to acquired entities. The expected cash payment related to the settlement of these contingencies is approximately $2.4 million. The Company conducts business globally and consequently files income tax returns in numerous jurisdictions, including those listed in the following table. It is also routinely subject to audit in these and other countries. The Company is no longer subject to audit in its major jurisdictions for periods prior to fiscal 2010. The years remaining subject to audit, by major jurisdiction, are as follows: Jurisdiction Fiscal Year United States (Federal and state) 2016 - 2021 Taiwan 2016 - 2021 Hong Kong 2015 - 2021 Germany 2010 - 2021 Singapore 2017 - 2021 Belgium 2019 - 2021 United Kingdom 2019 - 2021 Canada 2011 - 2021 In connection with the sale of the TS business during fiscal 2017, several legal entities were sold to the Buyer and post-closing tax obligations are the responsibility of the Buyer. Under the terms of the sale agreement, the Company still maintains responsibility for certain pre-closing taxes including any amounts that arise from audits or other judgments received from tax authorities. The Company believes that its current estimates related to tax reserves related to the TS business are reasonable, but future changes in facts and circumstances could result in significant changes in estimates that impact tax expense in the period of change. |