Bemis Company 2007 Annual Report - IR Solutions
Bemis Company 2007 Annual Report - IR Solutions
Bemis Company 2007 Annual Report - IR Solutions
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that a valuation allowance of $7.1 million against deferred tax assets primarily associated with the foreign net operating loss carryover<br />
was necessary at December 31, <strong>2007</strong>.<br />
Provision has not been made for U.S. or additional foreign taxes on $170,319,000 of undistributed earnings of foreign<br />
subsidiaries because those earnings are considered to be indefinitely reinvested in the operations of those subsidiaries. It is not practical<br />
to estimate the amount of tax that might be payable on the eventual remittance of such earnings.<br />
The American Jobs Creation Act of 2004 (the Jobs Act) provided U.S. corporations with a one-time opportunity to repatriate the<br />
undistributed earnings of non-U.S. subsidiaries at a potentially reduced U.S. tax cost. During 2005, the <strong>Company</strong> repatriated<br />
approximately $105.0 million of foreign earnings to the United States pursuant to the provisions of the Jobs Act. As a result, the<br />
<strong>Company</strong> recognized additional tax expense of approximately $6.0 million, net of available foreign tax credits, associated with the<br />
repatriation plan.<br />
The <strong>Company</strong> adopted FASB Interpretation (FIN) No. 48, Accounting for Uncertainty in Income Taxes, an Interpretation of<br />
FASB Statement No. 109 (FIN 48), on January 1, <strong>2007</strong>. The <strong>Company</strong> recognized no material adjustments as a result of the<br />
implementation of this policy. As of January 1, <strong>2007</strong>, the <strong>Company</strong> had approximately $13.9 million of total unrecognized tax benefits.<br />
Of this total, approximately $6.0 million represented the amount of unrecognized tax benefits that would impact the effective income tax<br />
rate if recognized in any future periods. As of December 31, <strong>2007</strong>, the <strong>Company</strong> had approximately $9.1 million of total unrecognized tax<br />
benefits. Of this total, approximately $6.4 million represented the amount of unrecognized tax benefits that would impact the effective<br />
income tax rate if recognized in any future periods.<br />
A reconciliation of the beginning and ending amount of unrecognized tax benefits, in millions, is as follows:<br />
Balance at January 1, <strong>2007</strong> $13.9<br />
Additions based on tax positions related to the current year 1.0<br />
Additions for tax positions of prior years 2.5<br />
Reductions for tax positions of prior years (0.3)<br />
Reductions due to a lapse of the statute of limitations (0.4)<br />
Settlements (7.6)<br />
Balance at December 31, <strong>2007</strong> $ 9.1<br />
The <strong>Company</strong> does not expect significant changes to the balance of unrecognized tax benefits within the next 12 months.<br />
The <strong>Company</strong> recognizes interest and penalties related to income tax matters as components of income tax expense. The<br />
<strong>Company</strong> had approximately $1.2 million accrued for interest and penalties at January 1, <strong>2007</strong>. As of December 31, <strong>2007</strong>, the <strong>Company</strong><br />
had approximately $1.3 million accrued for interest and penalties.<br />
The <strong>Company</strong> and its subsidiaries are subject to U.S. federal and state income tax as well as income tax in multiple international<br />
jurisdictions. The <strong>Company</strong>'s U.S. federal income tax returns for the years prior to 2006 have been audited and completely settled. With<br />
few exceptions, the <strong>Company</strong> is no longer subject to examinations by tax authorities for years prior to 2002 in the significant jurisdictions<br />
in which it operates.<br />
Note 11 – LEASES<br />
The <strong>Company</strong> has operating leases for manufacturing plants, land, warehouses, machinery and equipment, and administrative<br />
offices that expire at various times over the next 34 years. Under most leasing arrangements, the <strong>Company</strong> pays the property taxes,<br />
insurance, maintenance, and other expenses related to the leased property. Total rental expense under operating leases was approximately<br />
$7,948,000 in <strong>2007</strong>, $10,870,000 in 2006, and $13,178,000 in 2005.<br />
The <strong>Company</strong> has capitalized leases for a manufacturing site and some machinery and equipment that expire at various times<br />
over the next five years. The present values of minimum future obligations shown in the following chart are calculated based on an<br />
interest rate of approximately 4.6 percent, which is the lessor’s implicit rate of return. Interest expense on the outstanding obligations<br />
under capital leases was approximately $16,000 in <strong>2007</strong>, $15,000 in 2006, and $13,000 in 2005.<br />
Minimum future obligations on leases in effect at December 31, <strong>2007</strong>, are:<br />
Capital<br />
Operating<br />
(in thousands) Leases Leases<br />
2008 $113 $5,177<br />
2009 42 3,649<br />
2010 0 3,003<br />
2011 0 2,146<br />
2012 0 1,380<br />
Thereafter 0 5,166<br />
Total minimum obligations 155 $20,521<br />
Less amount representing interest 9<br />
Present value of net minimum obligations 146<br />
Less current portion 106<br />
Long-term obligations $ 40<br />
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