SEC Filings
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| 10-Q | |
| HRG GROUP, INC. filed this Form 10-Q on 08/09/2016 | |
| Entire Document | |
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nine months ended June 30, 2016, respectively. See Note 2, Basis of Presentation, Significant Accounting Policies and Recent Accounting Pronouncements, for additional discussion of the adoption of ASU 2016-09. In December 2015, Spectrum Brands received a ruling from the Internal Revenue Service which resulted in approximately $88.0 of U.S. net operating losses being restored. The ruling created additional U.S. deferred tax assets and valuation allowance during the three and nine months ended June 30, 2016. During the nine months ended June 30, 2016, Spectrum Brands determined it is more likely than not its U.S. deferred tax assets will be used to reduce taxable income, except for tax attributes subject to ownership change limitations, capital losses, and certain state operating losses and credits that will expire unused. Spectrum Brands estimates the total unused tax benefits are approximately $211.0 and has projected to release approximately $109.0 of valuation allowance during the year ending September 30, 2016. Approximately $25.0 of the valuation allowance release results from additional deferred tax assets created by the adoption of ASU 2016-09. For the nine months ended June 30, 2016, Spectrum Brands included $95.0 of the valuation allowance release in the calculation of the estimated annual effective tax rate for the current fiscal year, and $14.0 as a discrete income tax benefit. For the three and nine months ended June 30, 2015, the Company’s effective tax rates of 20.8% and 6.0%, respectively, differed from the expected U.S. statutory tax rate of 35.0% and were impacted by pretax losses including significant impairment and bad debt expense in the Company’s Energy and Asset Management segments in the U.S., and certain pretax losses from foreign jurisdictions for which the Company concluded that the tax benefits are not more-likely-than-not to be realized, resulting in the recording of valuation allowances. The nine months ended June 30, 2015 included recognition of a nonrecurring net income tax benefit of $12.3 attributable to tax impact related to the impairment of certain Frederick’s of Hollywood Inc. (“FOH”) indefinite lived intangible assets. Due to the indefinite life of these assets for book purposes, the related deferred tax liability was not regarded as a source of taxable income to support the realization of deferred tax assets. Consequently, the impairment recorded resulted in a reduction to the deferred tax liability previously recorded. In addition, for the three and nine months ended June 30, 2015, the Company recognized a $31.0 income tax benefit from the reversal of a portion of Spectrum Brands’ U.S. valuation allowance on deferred tax assets in connection with the purchase of AAG. As a result of the business combination, Spectrum Brands determined that a portion of its pre-existing deferred tax assets are more likely than not to be realized by the combined entity and a portion of the valuation allowance should be eliminated. The discrete tax benefits related to the reversal of Spectrum Brands’ valuation allowance and impairments at FOH reduced the Company’s income tax expense for the three and nine months ended June 30, 2015. The majority of NOL, capital loss and tax credit carryforwards of HRG and Spectrum Brands have historically been subject to valuation allowances, as the Company concluded that all or a portion of the related tax benefits are not more-likely-than-not to be realized. Utilization of a portion of the NOL, capital loss and tax credit carryforwards of HRG and Spectrum Brands are subject to limitations under Internal Revenue Code (“IRC”) Sections 382 and 383. Such limitations resulted from ownership changes of more than 50 percentage points over a three-year period. The consummation of the FGL Merger is expected to result in the reversal of a significant portion of the Company’s valuation allowance previously recorded against tax attribute carryforwards that are expected to be realized against the taxable gain. 33 | |
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