Annual report pursuant to Section 13 and 15(d)

Income taxes

v2.4.0.8
Income taxes
12 Months Ended
Sep. 30, 2013
Income taxes  
Income taxes

18. Income taxes

        The Company's components of income from continuing operations before income taxes and the corresponding provision for income taxes is as follows (in thousands):

 
  Year ended September 30,  
 
  2013   2012   2011  

Income from continuing operations before income taxes:

                   

United States

  $ 140,371   $ 93,418   $ 66,842  

Foreign

    48,688     38,333     59,054  
               

Income from continuing operations before income taxes

  $ 189,059   $ 131,751   $ 125,896  
               

 
  Year ended September 30,  
 
  2013   2012   2011  

Current provision:

                   

Federal

  $ 43,460   $ 36,348   $ 20,090  

State and local

    11,257     9,006     4,484  

Foreign

    14,821     13,572     17,422  
               

Total current provision

    69,538     58,926     41,996  
               

Deferred tax expense (benefit):

                   

Federal

  $ 2,741   $ (1,272 ) $ 1,572  

State and local

    851     (471 )   397  

Foreign

    (1,196 )   (1,531 )   (211 )
               

Total deferred tax expense (benefit)

    2,396     (3,274 )   1,758  
               

Income tax expense

  $ 71,934   $ 55,652   $ 43,754  
               

        The provision for income taxes differs from that which would have resulted from the use of the federal statutory income tax rate as follows (in thousands):

 
  Year ended September 30,  
 
  2013   2012   2011  

Federal income tax provision at statutory rate of 35%

  $ 66,171   $ 46,113   $ 44,063  

State income taxes, net of federal benefit

    8,183     5,558     3,175  

Foreign taxation

    (3,499 )   (1,950 )   (3,644 )

Permanent items

    708     2,808     314  

True up to prior year

        2,715      

Valuation allowances on net operating loss carryforwards

        305     (16 )

Other

    371     103     (138 )
               

Income tax expense

  $ 71,934   $ 55,652   $ 43,754  
               

        During the year ended September 30, 2012, the Company recorded the correction of an error of $2.7 million. The Company does not believe this correction is material to its consolidated financial statements.

        The significant items comprising the Company's deferred tax assets and liabilities as of September 30, 2013 and 2012 are as follows (in thousands):

 
  As of September 30,  
 
  2013   2012  

Deferred tax assets—current:

             

Costs deductible in future periods

  $ 21,186   $ 11,126  

Deferred revenue

    10,930     14,543  

Net operating loss carryforwards

        811  

Other

    544      
           

Total deferred tax assets—current

    32,660     26,480  
           

Deferred tax liabilities—current:

             

Accounts receivable—unbilled

    6,217     3,932  

Other

        341  
           

Total deferred tax liabilities—current:

    6,217     4,273  
           

Net deferred tax asset—current

  $ 26,443   $ 22,207  
           

Deferred tax assets—non-current:

             

Net operating loss carryforwards

  $ 4,080   $ 5,728  

Valuation allowance on net operating loss carryforwards

    (968 )   (1,313 )
           

Net operating loss carryforwards net of valuation reserve

    3,112     4,415  

Deferred revenue

    10,340     6,737  

Stock compensation

    4,601     4,176  

Costs deductible in future periods

    1,528     1,021  

Other

    5,360     3,055  
           

Total deferred tax assets—non-current

    24,941     19,404  
           

Deferred tax liabilities—non-current

             

Amortization of goodwill and intangible assets

    19,383     14,218  

Capitalized software

    9,045     4,701  

Property and equipment

    8,687     8,535  

Deferred contract costs

    2,059     452  

Other

    947     513  
           

Total deferred tax liability—non-current

  $ 40,121   $ 28,419  
           

Net deferred tax liability—non-current

  $ 15,180   $ 9,015  
           

        Due to deferred tax assets and liabilities in different tax jurisdictions, the net long-term assets and liabilities are reflected on the accompanying consolidated balance sheet as follows (in thousands):

 
  As of September 30,  
 
  2013   2012  

Long-term assets

  $ 1,179   $ 1,369  

Long-term liabilities

    16,359     10,384  
           

Net deferred tax liability—non-current

  $ 15,180   $ 9,015  
           

        At September 30, 2013, the Company's overseas subsidiaries held approximately $144 million of cumulative earnings. We do not provide for U.S. income taxes on these undistributed earnings as we do not have the intention or the need to repatriate these funds. If we were to transfer these funds to the United States, the Company could be required to accrue and pay additional taxes. We have not attempted to quantify the charges which might arise if we were to make this transaction. The charges would vary based upon tax legislation in the United States and the other overseas jurisdictions as well as the manner and timing in which MAXIMUS would make these transactions. The amount of taxes that may be applicable on earnings planned to be reinvested indefinitely outside the United States is not readily determinable given the various tax planning alternatives the Company could employ should it decide to repatriate these earnings.

        The Company had $6.9 million of net operating loss carryforwards in the United States at September 30, 2013, resulting in a deferred tax asset of $3.1 million. This balance relates exclusively to the losses held by PSI upon their acquisition in 2012. Although the ability of the Company to use these loss carryforwards will be restricted to an annual allowance, the Company has sufficient profits and time within the jurisdictions where losses have arisen to ensure that these losses will be utilized in full. Accordingly, no reserve has been recorded against these balances. These net operating loss carryforwards expire between 2027 and 2031.

        The Company had $3.9 million of net operating loss carryforwards in Canada at September 30, 2013, compared with $5.0 million at September 30, 2012. This results in a deferred tax asset of $1.0 million and $1.2 million, respectively. A reserve of $1.0 million and $1.1 million was applied to these balances at September 30, 2013 and 2012, respectively. These net operating loss carryforwards expire through 2027 to 2031.

        At September 30, 2012, the Company had $3.4 million of net operating loss carryforwards relating to its United Kingdom subsidiary, resulting in a current deferred tax asset of $0.8 million. No valuation reserve was recorded against this balance and it was utilized during the 2013 fiscal year.

        At September 30, 2012, the Company had $1.2 million of net operating loss carryforwards relating to its Saudi Arabian subsidiary, resulting in a deferred tax asset of $0.2 million. This asset was fully reserved and was utilized during the 2013 fiscal year.

        Cash paid for income taxes during the years ended September 30, 2013, 2012, and 2011 was $58.2 million, $44.3 million and $45.2 million, respectively.

        The Company accounts for uncertain tax positions by recognizing the financial statement effects of a tax position only when, based upon the technical merits, it is "more-likely-than-not" that the position will be sustained upon examination. The Company's net unrecognized tax benefits totaled $1.0 million, $1.1 million and $1.2 million at September 30, 2013, 2012 and 2011, respectively. The total amount of unrecognized tax benefits that, if recognized, would affect the annual effective income tax rate was $1.0 million at September 30, 2013.

        The Company reports interest and penalties as a component of income tax expense. In the fiscal years ending September 30, 2013, 2012 and 2011, the Company recognized interest expense relating to unrecognized tax benefits of less than $0.1 million in each year. The net liability balance at September 30, 2013, 2012 and 2011 includes approximately $0.5 million, $0.4 million and $0.3 million, respectively, of interest and penalties.

        The Company recognizes and presents uncertain tax positions on a gross basis (i.e., without regard to likely offsets for deferred tax assets, deductions and/or credits that would result from payment of uncertain tax amounts). The reconciliation of the beginning and ending amount of gross unrecognized tax benefits was as follows (in thousands):

 
  Year Ended September 30  
 
  2013   2012   2011  

Balance at beginning of year

  $ 1,059   $ 1,172   $ 1,553  

Lapse of statute of limitation

    (230 )   (113 )   (381 )

Reductions for tax positions of prior years

    (17 )        
               

Balance at end of year

  $ 812   $ 1,059   $ 1,172  
               

        The Company files income tax returns in the United States federal jurisdiction and in various state and foreign jurisdictions. The Company is no longer subject to federal income tax examinations for years before 2010 and is no longer subject to state, and local income tax examinations by tax authorities for years before 2008. In international jurisdictions, similar rules apply to filed income tax returns, although the tax examination limitations and requirements may vary. The Company is no longer subject to audit by tax authorities for overseas jurisdictions for years prior to 2006.