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 2020, 2019 and 2018, was as follows: 2020 2019 2018 (In thousands) United States $ 256,032 $ 139,306 $ 58,963 Foreign subsidiaries 376,716 339,662 317,427 Total income before provision (benefit) for income taxes $ 632,748 $ 478,968 $ 376,390 Cadence’s provision (benefit) for income taxes was comprised of the following items for fiscal 2020, 2019 and 2018: 2020 2019 2018 (In thousands) Current: Federal $ 15,083 $ 15,282 $ 902 State and local 6,401 2,716 (1,270) Foreign 46,737 48,729 42,657 Total current 68,221 66,727 42,289 Deferred: Federal (11,155) (9,001) (10,324) State and local (24,186) 6,593 886 Foreign 9,224 (574,330) (2,238) Total deferred (26,117) (576,738) (11,676) Total provision (benefit) for income taxes $ 42,104 $ (510,011) $ 30,613 During the third quarter of fiscal 2020, the State of California enacted legislation that, for a three-year period beginning in fiscal 2020, will limit Cadence’s utilization of California research and development tax credits to $5 million annually and will suspend the use of California net operating loss deductions. Cadence accounted for the effects of the California tax law change in the period of enactment. Cadence recognized a tax benefit of approximately $22.2 million due to a partial release of the valuation allowance on our California research and development tax credit deferred tax assets as a result of certain tax elections made in Cadence’s 2019 California tax return. 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 expected 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 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 2020, 2019, and 2018 as follows: 2020 2019 2018 (In thousands) Provision computed at federal statutory income tax rate $ 132,877 $ 100,583 $ 79,042 State and local income tax, net of federal tax effect 20,936 23,221 15,540 Intercompany transfers of intangible property rights — (575,618) — Foreign income tax rate differential (32,589) (37,786) (37,031) Deemed repatriation transition tax — — (1,409) U.S. tax on foreign entities 43,615 57,225 28,846 Stock-based compensation (51,226) (29,785) (13,539) Change in deferred tax asset valuation allowance (9,101) 16,796 13,234 Tax credits (89,684) (87,793) (72,815) Non-deductible research and development expense 5,163 4,363 4,700 Tax effects of intra-entity transfer of assets 392 895 79 Withholding taxes 17,189 15,865 11,535 Tax settlements, foreign 1,193 458 — Increase (decrease) in unrecognized tax benefits 159 (1,303) (1,545) Other 3,180 2,868 3,976 Provision (benefit) for income taxes $ 42,104 $ (510,011) $ 30,613 Effective tax rate 7 % (106) % 8 % The components of deferred tax assets and liabilities consisted of the following as of January 2, 2021 and December 28, 2019: As of January 2, December 28, (In thousands) Deferred tax assets: Tax credit carryforwards $ 197,436 $ 206,008 Reserves and accruals 60,272 47,562 Intangible assets 578,267 583,323 Capitalized research and development expense for income tax purposes 39,427 18,477 Operating loss carryforwards 5,935 6,201 Deferred income 21,170 16,704 Capital loss carryforwards 16,944 17,320 Stock-based compensation costs 14,656 15,097 Depreciation and amortization 4,402 8,721 Investments 2,521 2,459 Lease liability 31,278 25,016 Total deferred tax assets 972,308 946,888 Valuation allowance (116,419) (125,520) Net deferred tax assets 855,889 821,368 Deferred tax liabilities: Intangible assets (44,549) (24,907) Undistributed foreign earnings (41,957) (31,916) ROU assets (31,278) (25,016) Other (10,749) (8,350) Total deferred tax liabilities (128,533) (90,189) Total net deferred tax assets $ 727,356 $ 731,179 During fiscal 2020, 2019 and 2018 Cadence maintained valuation allowances of $116.4 million, $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. The valuation allowance decreased by $9.1 million during fiscal 2020 and increased by $16.8 million and $13.2 million, during fiscal 2019 and fiscal 2018, respectively. The valuation allowance activity was primarily related to California research and development tax credits and certain foreign tax credits. As of January 2, 2021, Cadence’s operating loss carryforwards were as follows: Amount Expiration Periods (In thousands) Federal $ 743 from 2021 through 2029 California 27,093 from 2030 through 2039 Other states (tax effected, net of federal benefit) 1,564 from 2021 through 2037 Foreign (tax effected) 2,322 from 2025 through indefinite As of January 2, 2021, Cadence had tax credit carryforwards of: Amount Expiration Periods (In thousands) Federal* $ 96,417 from 2038 through 2040 California 63,130 indefinite Other states 12,023 from 2021 through indefinite Foreign 25,866 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 January 2, 2021, 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 2016 Ireland 2016 Unrecognized Tax Benefits The changes in Cadence’s gross amount of unrecognized tax benefits during fiscal 2020, 2019 and 2018 are as follows: 2020 2019 2018 (In thousands) Unrecognized tax benefits at the beginning of the fiscal year $ 106,041 $ 101,857 $ 110,179 Gross amount of the increases (decreases) in unrecognized tax benefits of tax positions taken during a prior year* 5,037 (3,143) (4,183) Gross amount of the increases in unrecognized tax benefits as a result of tax positions taken during the current year 3,344 8,951 2,370 Amount of decreases in unrecognized tax benefits relating to settlements with taxing authorities, including the utilization of tax attributes (1,316) (380) — Reductions to unrecognized tax benefits resulting from the lapse of the applicable statute of limitations (676) (1,692) (5,179) Effect of foreign currency translation 591 448 (1,330) Unrecognized tax benefits at the end of the fiscal year $ 113,021 $ 106,041 $ 101,857 Total amounts of unrecognized tax benefits that, if upon resolution of the uncertain tax positions would reduce Cadence’s effective tax rate $ 66,010 $ 61,527 $ 58,022 _____________ * 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 $10.5 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 2020, 2019 and 2018 were as follows: 2020 2019 2018 (In thousands) Interest $ 473 $ 490 $ 585 Penalties (3) 19 342 The total amounts of gross accrued interest and penalties recognized in the consolidated balance sheets as of January 2, 2021 and December 28, 2019 were as follows: As of January 2, December 28, (In thousands) Interest $ 3,555 $ 3,500 Penalties 12 12 |