United States

Securities and Exchange Commission

Washington, D.C. 20549

 

FORM 10-Q

 

x

QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the quarterly period ended September 30, 201729, 2018

 

or

 

¨

TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the transition period from ___________ to ___________

 

Commission file number 0-31983

 

 

GARMIN LTD.

(Exact name of Company as specified in its charter)

 

Switzerland

(State or other jurisdiction

of incorporation or organization)

98-0229227

(I.R.S. Employer identification no.)

Mühlentalstrasse 2

8200 Schaffhausen

Switzerland

(Address of principal executive offices)

N/A

(Zip Code)

 

Company'sCompany’s telephone number, including area code: +41 52 630 1600

 

Indicate by check mark whether the Company (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Company was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. 

YESþ NO¨

 

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). YESþ NO¨

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer.filer, a smaller reporting company, or an emerging growth company. See definitionthe definitions of “accelerated filer and large“large accelerated filer”, “accelerated filer”, “smaller reporting company” and “emerging growth company” in Rule 12b-2 of the Exchange Act.

Large Accelerated Filerþ Accelerated Filer¨ Non-accelerated Filer¨(Do ☐ (Do not check if a smaller reporting company) Smaller reporting company¨ Emerging growth company¨

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. YES¨  NO¨

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). 

YES¨ NOþ

 

Number of shares outstanding of the registrant’s common shares as of October 30, 201729, 2018

CHF 0.10 par value: 198,077,418 (including treasury shares)

 


Garmin Ltd.

Form 10-Q

Quarter Ended September 30, 201729, 2018

 

Table of Contents

 

Page
    
Part I - Financial Information Page
   
Item 1.Condensed Consolidated Financial Statements 3
    
 Condensed Consolidated Balance Sheets at September 29, 2018 and December 30, 2017 (Unaudited) and December 31, 2016 3
    
 Condensed Consolidated Statements of Income for the 13-weeks13-Weeks and 39-weeks39-Weeks ended September 29, 2018 and September 30, 2017 and September 24, 2016 (Unaudited) 4
    
 Condensed Consolidated Statements of Comprehensive Income for the 13-weeks13-Weeks and 39-weeks39-Weeks ended September 29, 2018 and September 30, 2017 and September 24, 2016 (Unaudited) 5
    
 Condensed Consolidated Statements of Cash Flows for the 39-weeks39-Weeks ended September 29, 2018 and September 30, 2017 and September 24, 2016 (Unaudited) 6
    
 Notes to Condensed Consolidated Financial Statements (Unaudited) 7
    
Item 2.Management'sManagement’s Discussion and Analysis of Financial Condition and Results of Operations 2122
    
Item 3.Quantitative and Qualitative Disclosures About Market Risk 32
    
Item 4.Controls and Procedures 32
    
Part II - Other Information  
   
Item 1.Legal Proceedings 3433
    
Item 1A.Risk Factors 3433
    
Item 2.Unregistered Sales of Equity Securities and Use of Proceeds 3534
    
Item 3.Defaults Upon Senior Securities 3534
    
Item 4.Mine Safety Disclosures 3534
    
Item 5.Other Information 3534
    
Item 6.Exhibits 3534
    
Signature Page 3735
   
Index to Exhibits 3836

 

2


Part I - Financial Information

Item I - Condensed Consolidated Financial Statements

 

Garmin Ltd. And Subsidiaries

Condensed Consolidated Balance Sheets (Unaudited)

(In thousands, except per share information)

 (Unaudited)    
 September 30, December 31,  September 29, December 30, 
 2017  2016  2018  2017 
Assets                
Current assets:                
Cash and cash equivalents $891,279  $846,883  $1,056,397  $891,488 
Marketable securities  253,699   266,952   173,697   161,687 
Accounts receivable, net  457,391   527,062   467,784   590,882 
Inventories, net  575,335   484,821 
Inventories  556,640   517,644 
Deferred costs  47,483   47,395   28,235   30,525 
Prepaid expenses and other current assets  107,287   89,903   117,866   153,912 
Total current assets  2,332,474   2,263,016   2,400,619   2,346,138 
                
Property and equipment, net  554,441   482,878   650,805   595,684 
                
Restricted cash  145   271 
Marketable securities  1,210,323   1,213,285   1,301,111   1,260,033 
Restricted cash  117   113 
Deferred income taxes  262,473   110,293   186,445   195,981 
Noncurrent deferred costs  69,286   56,151   29,732   33,029 
Intangible assets, net  313,269   305,002   424,776   409,801 
Other assets  93,008   94,395   102,334   107,352 
Total assets $4,835,391  $4,525,133  $5,095,967  $4,948,289 
                
Liabilities and Stockholders' Equity        
Liabilities and Stockholders’ Equity        
Current liabilities:                
Accounts payable $158,591  $172,404  $197,069  $169,640 
Salaries and benefits payable  89,124   88,818   101,190   102,802 
Accrued warranty costs  35,669   37,233   35,960   36,827 
Accrued sales program costs  53,826   80,953   59,708   93,250 
Deferred revenue  138,570   146,564   97,604   103,140 
Accrued royalty costs  37,895   36,523   27,213   32,204 
Accrued advertising expense  20,099   37,440   24,213   30,987 
Other accrued expenses  105,783   70,469   67,426   93,652 
Income taxes payable  15,250   16,163   43,519   33,638 
Dividend payable  191,238   96,168   200,124   95,975 
Total current liabilities  846,045   782,735   854,026   792,115 
                
Deferred income taxes  68,204   61,220   82,846   76,612 
Noncurrent income taxes  123,905   121,174   126,893   138,295 
Noncurrent deferred revenue  155,814   140,407   77,634   87,060 
Other liabilities  1,738   1,594   1,860   1,788 
                
Stockholders' equity:        
Shares, CHF 0.10 par value, 198,077 shares authorized and issued; 187,500 shares outstanding at September 30, 2017 and 188,565 shares outstanding at December 31, 2016  17,979   17,979 
Stockholders’ equity:        
Shares, CHF 0.10 par value, 198,077 shares authorized and issued; 188,809 shares outstanding at September 29, 2018; and 188,189 shares outstanding at December 30, 2017;  17,979   17,979 
Additional paid-in capital  1,851,529   1,836,047   1,842,551   1,828,386 
Treasury stock  (506,799)  (455,964)  (433,274)  (468,818)
Retained earnings  2,230,489   2,056,702   2,520,828   2,418,444 
Accumulated other comprehensive income (loss)  46,487   (36,761)
Total stockholders' equity  3,639,685   3,418,003 
Total liabilities and stockholders' equity $4,835,391  $4,525,133 
Accumulated other comprehensive income  4,624   56,428 
Total stockholders’ equity  3,952,708   3,852,419 
Total liabilities and stockholders’ equity $5,095,967  $4,948,289 

 

See accompanying notes.

 

3


 

Garmin Ltd. And Subsidiaries

Condensed Consolidated Statements of Income (Unaudited)

(In thousands, except per share information)

 

  13-Weeks Ended  39-Weeks Ended 
  September 30,  September 24,  September 30,  September 24, 
  2017  2016  2017  2016 
Net sales $743,077  $722,250  $2,198,508  $2,157,898 
                 
Cost of goods sold  309,412   316,270   914,862   949,110 
                 
Gross profit  433,665   405,980   1,283,646   1,208,788 
                 
Advertising expense  32,449   32,956   105,983   109,441 
Selling, general and administrative expense  101,794   96,959   309,095   296,246 
Research and development expense  129,632   116,449   379,083   339,008 
Total operating expense  263,875   246,364   794,161   744,695 
                 
Operating income  169,790   159,616   489,485   464,093 
                 
Other income (expense):                
Interest income  9,207   8,226   26,931   24,109 
Foreign currency gains (losses)  8,579   (19,421)  (13,808)  (30,003)
Other (expense) income  (1,520)  1,344   (805)  2,914 
Total other income (expense)  16,266   (9,851)  12,318   (2,980)
                 
Income before income taxes  186,056   149,765   501,803   461,113 
                 
Income tax provision (benefit)  38,643   24,711   (54,372)  86,904 
                 
Net income $147,413  $125,054  $556,175  $374,209 
                 
Net income per share:                
Basic $0.79  $0.66  $2.96  $1.98 
Diluted $0.78  $0.66  $2.95  $1.98 
                 
Weighted average common shares outstanding:                
Basic  187,616   188,692   187,902   189,027 
Diluted  188,490   189,238   188,671   189,376 
                 
Dividends declared per share  -   -  $2.04  $2.04 

  13-Weeks Ended  39-Weeks Ended 
  September 29,  September 30,  September 29,  September 30, 
  2018  2017  2018  2017 
Net sales $810,011  $751,244  $2,415,336  $2,224,241 
                 
Cost of goods sold  329,264   313,721   984,783   929,782 
                 
Gross profit  480,747   437,523   1,430,553   1,294,459 
                 
Advertising expense  31,140   32,449   100,000   105,983 
Selling, general and administrative expense  114,669   101,794   352,234   309,095 
Research and development expense  138,979   129,632   422,649   379,083 
Total operating expense  284,788   263,875   874,883   794,161 
                 
Operating income  195,959   173,648   555,670   500,298 
                 
Other income (expense):                
     Interest income  11,089   9,207   32,310   26,931 
     Foreign currency (losses) gains  (6,868)  8,579   (3,405)  (13,808)
     Other income (expense)  1,147   (1,520)  6,800   (805)
Total other income (expense)  5,368   16,266   35,705   12,318 
                 
Income before income taxes  201,327   189,914   591,375   512,616 
                 
Income tax provision (benefit)  17,113   38,840   87,445   (53,840)
                 
Net income $184,214  $151,074  $503,930  $566,456 
                 
Net income per share:                
     Basic $0.98  $0.81  $2.67  $3.01 
     Diluted $0.97  $0.80  $2.66  $3.00 
                 
Weighted average common                
     shares outstanding:                
     Basic  188,799   187,616   188,554   187,902 
     Diluted  190,005   188,490   189,586   188,671 
                 
Dividends declared per share $  $  $2.12  $2.04 

 

See accompanying notes.


4

Garmin Ltd. And Subsidiaries

Condensed Consolidated Statements of Comprehensive Income (Unaudited)

(In thousands)

  13-Weeks Ended  39-Weeks Ended 
  September 30,  September 24,  September 30,  September 24, 
  2017  2016  2017  2016 
Net income $147,413  $125,054  $556,175  $374,209 
Foreign currency translation adjustment  5,804   29,598   71,310   41,760 
Change in fair value of available-for-sale marketable securities, net of deferred taxes  536   (2,429)  11,938   14,434 
Comprehensive income $153,753  $152,223  $639,423  $430,403 

 

  13-Weeks Ended  39-Weeks Ended 
  September 29,  September 30,  September 29,  September 30, 
  2018  2017  2018  2017 
Net income $184,214  $151,074  $503,930  $566,456 
Foreign currency translation adjustment  (3,940)  5,689   (30,308)  71,591 
Change in fair value of available-for-sale marketable securities, net of deferred taxes  (1,168)  536   (21,044)  11,938 
Comprehensive income $179,106  $157,299  $452,578  $649,985 

See accompanying notes.

 

5


Garmin Ltd. And Subsidiaries

Condensed Consolidated Statements of Cash Flows (Unaudited)

(In thousands)

 

  39-Weeks Ended 
  September 30,  September 24, 
  2017  2016 
Operating activities:        
Net income $556,175  $374,209 
Adjustments to reconcile net income to net cash provided by operating activities:        
Depreciation  44,011   40,327 
Amortization  19,688   22,215 
(Gain) loss on sale or disposal of property and equipment  (184)  155 
Provision for doubtful accounts  551   2,559 
Deferred income taxes  (143,846)  (6,821)
Unrealized foreign currency loss  17,504   19,536 
Provision for obsolete and slow moving inventories  16,504   20,943 
Stock compensation expense  32,441   29,211 
Realized loss (gain) on marketable securities  594   (1,068)
Changes in operating assets and liabilities:        
Accounts receivable  84,982   76,372 
Inventories  (86,631)  (41,002)
Other current and non-current assets  (9,635)  3,400 
Accounts payable  (24,526)  (40,694)
Other current and non-current liabilities  (37,403)  1,942 
Deferred revenue  5,726   (13,660)
Deferred costs  (12,650)  (9,906)
Income taxes payable  (724)  14,648 
Net cash provided by operating activities  462,577   492,366 
         
Investing activities:        
Purchases of property and equipment  (85,211)  (42,157)
Proceeds from sale of property and equipment  264   15 
Purchase of intangible assets  (9,069)  (4,706)
Purchase of marketable securities  (438,046)  (739,676)
Redemption of marketable securities  455,376   772,733 
Change in restricted cash  -   (6)
Acquisitions, net of cash acquired  (12,400)  (62,137)
Net cash used in investing activities  (89,086)  (75,934)
         
Financing activities:        
Dividends paid  (287,318)  (289,331)
Purchase of treasury stock under share repurchase plan  (74,523)  (65,221)
Purchase of treasury stock related to equity awards  (3,587)  (184)
Proceeds from issuance of treasury stock related to equity awards  10,316   10,210 
Tax benefit from issuance of equity awards  -   365 
Net cash used in financing activities  (355,112)  (344,161)
         
Effect of exchange rate changes on cash and cash equivalents  26,017   7,218 
         
Net increase in cash and cash equivalents  44,396   79,489 
Cash and cash equivalents at beginning of period  846,883   833,070 
Cash and cash equivalents at end of period $891,279  $912,559 

  39-Weeks Ended 
  September 29,  September 30, 
  2018  2017 
Operating activities:        
Net income $503,930  $566,456 
Adjustments to reconcile net income to net cash provided by operating activities:        
Depreciation  47,902   44,011 
Amortization  23,574   19,688 
Gain on sale or disposal of property and equipment  (491)  (184)
Provision for doubtful accounts  1,265   551 
Provision for obsolete and slow moving inventories  17,719   16,504 
Unrealized foreign currency loss  4,158   17,786 
Deferred income taxes  20,177   (143,314)
Stock compensation expense  42,094   32,441 
Realized losses on marketable securities  481   594 
Changes in operating assets and liabilities, net of acquisitions:        
Accounts receivable  111,955   84,982 
Inventories  (69,139)  (86,631)
Other current and non-current assets  5,102   (9,635)
Accounts payable  32,601   (24,526)
Other current and non-current liabilities  (57,245)  (37,403)
Deferred revenue  (14,923)  (21,478)
Deferred costs  5,581   3,459 
Income taxes payable  27,041   (724)
Net cash provided by operating activities  701,782   462,577 
         
Investing activities:        
Purchases of property and equipment  (122,846)  (85,211)
Proceeds from sale of property and equipment  1,296   264 
Purchase of intangible assets  (2,982)  (9,069)
Purchase of marketable securities  (314,179)  (438,046)
Redemption of marketable securities  229,066   455,376 
Acquisitions, net of cash acquired  (29,170)  (12,400)
Net cash used in investing activities  (238,815)  (89,086)
         
Financing activities:        
Dividends  (296,149)  (287,318)
Proceeds from issuance of treasury stock related to equity awards  14,524   10,316 
Purchase of treasury stock related to equity awards  (6,909)  (3,587)
Purchase of treasury stock under share repurchase plan     (74,523)
Net cash used in financing activities  (288,534)  (355,112)
         
Effect of exchange rate changes on cash, cash equivalents, and restricted cash  (9,650)  26,021 
         
Net increase in cash, cash equivalents, and restricted cash  164,783   44,400 
Cash, cash equivalents, and restricted cash at beginning of period  891,759   846,996 
Cash, cash equivalents, and restricted cash at end of period $1,056,542  $891,396 

See accompanying notes.

 

6

See accompanying notes.

 


Garmin Ltd. and Subsidiaries

 

Garmin Ltd. and Subsidiaries

Notes to Condensed Consolidated Financial Statements (Unaudited)

 

September 30, 201729, 2018

(In thousands, except per share information)

 

1.Basis of PresentationAccounting Policies

Basis of Presentation

 

The accompanying unaudited condensed consolidated financial statements have been prepared in accordance with generally accepted accounting principles for interim financial information and with the instructions to Form 10-Q and Article 10 of Regulation S-X. Accordingly, they do not include all of the information and footnotes required by generally accepted accounting principles for complete financial statements. In the opinion of management, all adjustments (consisting of normal recurring accruals) considered necessary for a fair presentation have been included. Additionally, the condensed consolidated financial statements should be read in conjunction with Item 2 of Management'sManagement’s Discussion and Analysis of Financial Condition and Results of Operations, included in this Form 10-Q. Operating results for the 13-week and 39-week periods ended September 30, 201729, 2018 are not necessarily indicative of the results that may be expected for the year ending December 30, 2017.29, 2018.

 

The condensed consolidated balance sheet at December 31, 201630, 2017 has been derived from the audited financial statements at that date but does not include all of the information and footnotes required by generally accepted accounting principles for complete financial statements. For further information, refer to the consolidated financial statements and footnotes thereto included in the Company’s Annual Report on Form 10-K for the year ended December 31, 2016.30, 2017.

 

The Company’s fiscal year is based on a 52-53 week period ending on the last Saturday of the calendar year. Therefore, the financial results of certain 53-week fiscal years, and the associated 14-week quarters, will not be exactly comparable to the prior and subsequent 52-week fiscal years and the associated 13-week quarters. The quarters ended September 30, 201729, 2018 and September 24, 201630, 2017 both contain operating results for 13 weeks.

 

As previously announced and discussed below within the “Recently Adopted Accounting Standards” section of this footnote, effective beginning in the 2018 fiscal year, we adopted the requirements of Accounting Standards Update (“ASU”) No. 2014-09, Revenue from Contracts with Customers (Topic 606), using the full retrospective method. All amounts and disclosures set forth in this Form 10-Q reflect these changes. Further, as a result of the adoption of certain other accounting standards described below, effective beginning in the 2018 fiscal year, certain amounts in prior periods have been reclassified to conform to the current period presentation.

Recently Adopted Accounting Standards

Revenue from Contracts with Customers

In MarchMay 2014, the FASB issued ASU No. 2014-09, Revenue from Contracts with Customers (Topic 606) (“ASU 2014-09”), which supersedes previous revenue recognition guidance. The FASB issued several updates amending or relating to ASU 2014-09 (collectively, the “new revenue standard”). The Company has adopted the new revenue standard effective beginning in the 2018 fiscal year using the full retrospective method, which requires the Company to restate each prior reporting period presented in future financial statement issuances. The impacts of the new revenue standard relate to our accounting for certain arrangements within the auto segment.

A portion of the Company’s auto segment contracts have historically been accounted for under Accounting Standards Codification (ASC) Topic 985-605 Software-Revenue Recognition (Topic 985-605). Under Topic 985-605, the Company deferred revenue and associated costs of all elements of multiple-element software arrangements if vendor-specific objective evidence of fair value (VSOE) could not be established for an undelivered element (e.g. map updates). In applying the new revenue standard to certain contracts that include both software licenses and map updates, we will recognize the portion of revenue and costs related to the software license at the time of delivery rather than ratably over the map update period.


Additionally, for certain multiple-element arrangements within the Company’s auto segment, the Company’s policy has been to allocate consideration to traffic services and recognize the revenue and associated cost of royalties ratably over the estimated life of the underlying product. Under the new revenue standard, we will recognize revenue and associated costs of royalties related to certain traffic services at the time of hardware and/or software delivery. Specifically, the new revenue standard emphasizes the timing of the Company’s performance, and upon delivery of the navigation device and/or software, the Company has fully performed its obligation with respect to the design and production of the product to receive and interpret the broadcast traffic signal for the benefit of the end user.

The changes in accounting policy described above collectively result in reductions to deferred costs (asset) and deferred revenue (liability) balances, and accelerate the recognition of revenue and deferred costs in the auto segment going forward.

Summarized financial information depicting the impact of the new revenue standard is presented below. The Company’s historical net cash flows provided by or used in operating, investing, and financing activities are not impacted by adoption of the new revenue standard.

  13-Weeks Ended September 30, 2017  39-Weeks Ended September 30, 2017 
  As reported  Restated(1)  Impact  As reported  Restated(1)  Impact 
Net sales $743,077  $751,244  $8,167  $2,198,508  $2,224,241  $25,733 
Gross profit  433,665   437,523   3,858   1,283,646   1,294,459   10,813 
Operating income  169,790   173,648   3,858   489,485   500,298   10,813 
Income tax provision (benefit)  38,643   38,840   197   (54,372)  (53,840)  532 
Net income $147,413  $151,074  $3,661  $556,175  $566,456  $10,281 
Diluted net income per share $0.78  $0.80  $0.02  $2.95  $3.00  $0.05 

(1)The Restated results presented above are restated under ASC Topic 606. Amounts related to the income tax effect of the new standard that were previously disclosed as the anticipated adoption impact in our press release attached as Exhibit 99.1 to our Current Report on Form 8-K filed with the Securities and Exchange Commission (SEC) on February 21, 2018 have been revised in this Note by immaterial amounts in connection with our adoption of ASC Topic 606.

  December 30, 2017  December 31, 2016 
                   
  As reported  Restated(2)  Impact  As reported  Restated(2)  Impact 
                         
Current assets:                        
     Deferred costs $48,312  $30,525  $(17,787) $47,395  $34,665  $(12,730)
Total current assets  2,363,925   2,346,138   (17,787)  2,263,016   2,250,286   (12,730)
Deferred income taxes  199,343   195,981   (3,362)  110,293   107,655   (2,638)
Noncurrent deferred costs  73,851   33,029   (40,822)  56,151   30,934   (25,217)
Total assets $5,010,260  $4,948,289  $(61,971) $4,525,133  $4,484,549  $(40,584)
Current liabilities:                        
     Deferred revenue  139,681   103,140   (36,541)  146,564   118,496   (28,068)
Total current liabilities  828,656   792,115   (36,541)  782,735   754,667   (28,068)
Deferred income taxes  75,215   76,612   1,397   61,220   62,617   1,397 
Non-current deferred revenue  163,840   87,060   (76,780)  140,407   91,238   (49,169)
     Retained earnings  2,368,874   2,418,444   49,570   2,056,702   2,092,221   35,519 
     Accumulated other comprehensive income  56,045   56,428   383   (36,761)  (37,024)  (263)
Total stockholders’ equity  3,802,466   3,852,419   49,953   3,418,003   3,453,259   35,256 
Total liabilities and stockholders’ equity $5,010,260  $4,948,289  $(61,971) $4,525,133  $4,484,549  $(40,584)


  52-Weeks Ended December 30, 2017  53-Weeks Ended December 31, 2016 
                   
  As reported  Restated(2)  Impact  As reported  Restated(2)  Impact 
Net sales $3,087,004  $3,121,560  $34,556  $3,018,665  $3,045,797  $27,132 
Gross profit  1,783,164   1,797,941   14,777   1,679,570   1,688,525   8,955 
Operating income  668,860   683,637   14,777   623,909   632,864   8,955 
Income tax (benefit) provision  (12,661)  (11,936)  725   118,856   120,901   2,045 
Net income $694,955  $709,007  $14,052  $510,814  $517,724  $6,910 
Diluted net income per share $3.68  $3.76  $0.08  $2.70  $2.73  $0.03 

(2)The Restated results presented above are restated under ASC Topic 606. Amounts related to the income tax effect of the new standard that were previously disclosed as the anticipated adoption impact in Note 2, Summary of Significant Accounting Policies, in the notes to the consolidated financial statements of our fiscal 2017 Annual Report on Form 10-K filed with the SEC on February 21, 2018 have been revised in this Note by immaterial amounts in connection with our adoption of ASC Topic 606.

Financial Instruments – Recognition, Measurement, Presentation, and Disclosure

In January 2016, the Financial Accounting Standards Board (“FASB”)FASB issued Accounting Standards Update No. 2016-09, Compensation—Stock Compensation2016-01, Financial Instruments—Overall (Subtopic 825-10): Recognition and Measurement of Financial Assets and Financial Liabilities (“ASU 2016-01”). The standard addresses certain aspects of recognition, measurement, presentation, and disclosure of financial instruments. The Company has adopted the new standard effective beginning in the 2018 fiscal year. The adoption did not have a material impact on the Company’s financial position or results of operations.

Statement of Cash Flows

In August 2016, the FASB issued Accounting Standards Update No. 2016-15, Statement of Cash Flows (Topic 718)230): Improvements to Employee Share-Based Payment AccountingClassification of Certain Cash Receipts and Cash Payments (“ASU 2016-09”2016-15”), which is intendedadds or clarifies guidance on the classification of certain cash receipts and payments in the statement of cash flows. The standard addresses eight specific cash flow issues with the objective of reducing diversity in practice. In November 2016, the FASB issued Accounting Standards Update No. 2016-18, Statement of Cash Flows (Topic 230): Restricted Cash (“ASU 2016-18”), which requires restricted cash and restricted cash equivalents to simplifybe included with cash and cash equivalents when reconciling changes in the accounting for share-based payment awards.total amounts within the statement of cash flows. The Company has adopted the new standards effective beginning in the 2018 fiscal year. The adoption of ASU 2016-092016-15 did not have a material impact to the Company’s statements of cash flows. The amendments of ASU 2016-18 were applied using a retrospective transition method, resulting in immaterial changes to the presentation of the Company’s statements of cash flows.

The total of cash and cash equivalents and restricted cash balances presented on a prospective basis during the quarter ended April 1, 2017. condensed consolidated balance sheet reconciles to the total cash, cash equivalents, and restricted cash shown in the condensed consolidated statements of cash flows.

Income Taxes

In October 2016, the FASB issued Accounting Standards Update No. 2016-16, Income Taxes (Topic 740): Intra-Entity Transfers of Assets Other than Inventory (“ASU 2016-092016-16”), which requires excess tax benefits or deficiencies from stock-based compensation to be recognized inrecognition of the income tax provision. We previously recorded these amounts to additional paid-in capital. Additionally, under ASU 2016-09, excess tax benefits and deficiencies are not estimatedconsequences of an intra-entity transfer of an asset other than inventory when the transfer occurs. The Company has adopted the new standard effective beginning in the 2018 fiscal year, which resulted in a reclassification of approximately $1,700 of certain prepaid tax balances in a cumulative effect to retained earnings as of the date of adoption.


Income Statement – Reporting Comprehensive Income

In February 2018, the FASB issued Accounting Standards Update No. 2018-02, Income Statement – Reporting Comprehensive Income (Topic 220): Reclassification of Certain Tax Effects from Accumulated Other Comprehensive Income (“ASU 2018-02”), which allows for stranded tax effects in accumulated other comprehensive income resulting from the U.S. Tax Cuts and Jobs Act to be reclassified to retained earnings. The Company has elected to early adopt the new standard effective tax rate, rather, are recorded as discrete tax itemsbeginning in the period they occur. Excess2018 fiscal year, resulting in reclassification of approximately $452 from accumulated other comprehensive income into retained earnings. The tax benefitseffects that were reclassified only relate to amounts resulting from stock-based compensation arrangements are classified asthe U.S. Tax Cuts and Jobs Act.

Significant Accounting Policies

For a cash flow from operations under ASU 2016-09, ratherdescription of the significant accounting policies and methods used in the preparation of the Company’s condensed consolidated financial statements, refer to Note 2, “Summary of Significant Accounting Policies” in the Notes to the Consolidated Financial Statements in Part II, Item 8 of the Company’s Annual Report on Form 10-K for the fiscal year ended December 30, 2017. Other than as a cash flow from financing activities. The mostthe policies discussed below, there were no material changes to the Company’s significant impact of ASU 2016-09accounting policies during the 39-week period ended September 30, 2017 is29, 2018.

Revenue Recognition

The Company recognizes revenue upon the recognitiontransfer of income tax expensecontrol of $7,275 resulting from stock options and stock appreciation rights expiring unexercised. There were no material expirations duringpromised products or services to the 13-week period ended September 30, 2017. The impactcustomer in an amount that depicts the consideration the Company expects to be entitled to for the related products or services. For the large majority of the Company’s sales, transfer of control occurs once product has shipped and title and risk of loss have transferred to the customer. The Company offers certain tangible products with ongoing services promised over a period of time, typically the useful life of the related tangible product. When we have identified such services as both capable of being distinct and separately identifiable from the related tangible product, the associated revenue allocated to such services is recognized over time. The Company generally does not offer specified or unspecified upgrade rights to its customers in connection with software sales.

For products that include tangible hardware that contains software essential to the tangible product’s functionality and ongoing services identified as separately identifiable performance obligations, the Company allocates revenue to all performance obligations based on their relative standalone selling prices (“SSP”), with the amounts allocated to ongoing services deferred and recognized over a period of time. These ongoing services primarily consist of the Company’s contractual promises to provide personal navigation device (PND) users with lifetime map updates (LMU) and server-based traffic services. In addition, we provide map update services (map care) over a contractual period in certain hardware and software contracts with original equipment manufacturers (OEMs). The Company has determined that directly observable prices do not exist for LMU, map care, or server-based traffic, as stand-alone and unbundled unit sales do not occur on more than a limited basis. Therefore, the Company uses the expected cost plus a margin as the primary indicator to calculate relative SSP of the LMU, map care, and traffic performance obligations. The revenue and associated costs allocated to the LMU, map care, and/or the server-based traffic service are deferred and recognized ratably over the estimated life of the products of approximately 3 years for PNDs, or the estimated map care period in OEM contracts of 3-10 years as we believe our efforts as it relates to providing these services are spread evenly throughout the performance period. In addition to the products listed above, the Company has offered certain other products with ongoing performance obligations including mobile applications, incremental navigation and/or communication service subscriptions, aviation database subscriptions, and extended warranties that are individually immaterial.

The Company records revenue net of sales tax expenseand variable consideration such as trade discounts and customer returns. Payment is due typically within 90 days or less of shipment of product, or upon the grant of a given software license (as applicable). The Company records estimated reductions to revenue in the form of variable consideration for customer sales programs, returns and incentive offerings including rebates, price protection (product discounts offered to retailers to assist in clearing older products from their inventories in advance of new product releases), promotions and other volume-based incentives. The reductions to revenue are based on estimates and judgments using historical experience and expectation of future conditions. Changes in these estimates could negatively affect the Company’s operating results. These incentives are reviewed periodically and, with the exceptions of price protection and certain other promotions, typically accrued for on a percentage of sales basis.


Deferred Revenue and Costs

Deferred revenue consists primarily of the transaction price allocated to performance obligations that are recognized over a period of time basis as discussed in theRevenue Recognition portion of this footnote. Billings associated with such items are typically completed upon the transfer of control of promised products or services to the customer and recorded to accounts receivable until payment is received. Deferred costs primarily refer to the royalties incurred by the Company associated with the expiration of stock option and stock appreciation rights on diluted earnings per share was $0.04 foraforementioned unsatisfied performance obligations, which are amortized over the 39-weeksame period ended September 30, 2017.as the revenue is recognized. The Company believes ASU 2016-09 may havetypically pays the associated royalties either monthly or quarterly in arrears, on a material effect on forthcoming periods. However,per item shipped or installed basis.

The Company applies a practical expedient, as permitted within ASC 340, to expense as incurred the Company is unableincremental costs to reasonably estimateobtain a contract when the impact due to the dependency of these items on the underlying share priceamortization period of the Company.asset that would have otherwise been recognized is one year or less.

 

7

Shipping and Handling Costs

 

 Shipping and handling activities are typically performed before the customer obtains control of the good, and the related costs are therefore expensed as incurred. Shipping and handling costs are included in cost of goods sold in the accompanying condensed consolidated financial statements. 

 

2.Inventories

 

The components of inventories consist of the following:

 

  September 30,  December 31, 
  2017  2016 
       
Raw materials $189,367  $162,882 
Work-in-process  84,249   68,602 
Finished goods  334,557   293,789 
Inventory reserves  (32,838)  (40,452)
Inventory, net of reserves $575,335  $484,821 

  September 29,  December 30, 
  2018  2017 
       
Raw materials $203,472  $179,659 
Work-in-process  92,050   75,754 
Finished goods  261,118   262,231 
Inventories $556,640  $517,644 

 


3.Earnings Per Share

 

The following table sets forth the computation of basic and diluted net income per share:

 

  13-Weeks Ended 
  September 30,  September 24, 
  2017  2016 
Numerator:        
Numerator for basic and diluted net income per share - net income $147,413  $125,054 
         
Denominator:        
Denominator for basic net income per share – weighted-average common shares  187,616   188,692 
         
Effect of dilutive securities – stock options, stock appreciation rights and restricted stock units  874   546 
         
Denominator for diluted net income per share – adjusted weighted-average common shares  188,490   189,238 
         
Basic net income per share $0.79  $0.66 
         
Diluted net income per share $0.78  $0.66 

  13-Weeks Ended 
  September 29,  September 30, 
  2018  2017 
Numerator:      
Numerator for basic and diluted net income per share - net income $184,214  $151,074 
         
Denominator:        
Denominator for basic net income per share – weighted-average common shares  188,799   187,616 
         
Effect of dilutive securities – stock options, stock appreciation rights and restricted stock units  1,206   874 
         
Denominator for diluted net income per share – adjusted weighted-average common shares  190,005   188,490 
         
Basic net income per share $0.98  $0.81 
         
Diluted net income per share $0.97  $0.80 

 

  39-Weeks Ended 
  September 29,  September 30, 
  2018  2017 
Numerator:      
Numerator for basic and diluted net income per share - net income $503,930  $566,456 
         
Denominator:        
Denominator for basic net income per share – weighted-average common shares  188,554   187,902 
         
Effect of dilutive securities – stock options, stock appreciation rights and restricted stock units  1,032   769 
         
Denominator for diluted net income per share – adjusted weighted-average common shares  189,586   188,671 
         
Basic net income per share $2.67  $3.01 
         
Diluted net income per share $2.66  $3.00 
8

  39-Weeks Ended 
  September 30,  September 24, 
  2017  2016 
Numerator:        
Numerator for basic and diluted net income per share - net income $556,175  $374,209 
         
Denominator:        
Denominator for basic net income per share – weighted-average common shares  187,902   189,027 
         
Effect of dilutive securities – stock options, stock appreciation rights and restricted stock units  769   349 
         
Denominator for diluted net income per share – adjusted weighted-average common shares  188,671   189,376 
         
Basic net income per share $2.96  $1.98 
         
Diluted net income per share $2.95  $1.98 

There were 1,051 and 3,170no anti-dilutive stock options, stock appreciation rights and restricted stock units (collectively “equity awards”) outstanding during the 13-week periodsperiod ended September 29, 2018 and 1,051 anti-dilutive equity awards outstanding during the 13-week period ended September 30, 2017 and September 24, 2016, respectively.2017.

 

There were 1,567 and 3,696no anti-dilutive equity awards outstanding during the 39-week periodsperiod ended September 29, 2018 and 1,567 anti-dilutive equity awards outstanding during the 39-week period ended September 30, 2017 and September 24, 2016, respectively.2017.

 

There were 212 and 262 net shares issued as a result of exercises and releases of equity awards for the 13-week periods ended September 30, 201729, 2018 and September 24, 2016,30, 2017, respectively.

 

There were 390 and 161 and 39net shares issued as a result of exercises and releases of equity awards for the 39-week periods ended September 30, 201729, 2018 and September 24, 2016,30, 2017, respectively.

 

There were 248230 employee stock purchase plan (ESPP) shares issued from outstanding Treasury stock during the 39-week period ended September 30, 2017.29, 2018.

 

There were 285248 ESPP shares issued from outstanding Treasury stock during the 39-week period ended September 24, 2016.30, 2017.

 

4.Segment Information

 

The Company has identified five reportable segments – auto, aviation, marine, outdoor and fitness. The Company’s Chief Operating Decision Maker (CODM) assesses segment performance and allocates resources to each segment individually.

9

Net sales (“revenue”), gross profit, and operating income for each of the Company’s reportable segments are presented below.

 

  Reportable Segments 
  Outdoor  Fitness  Marine  Auto  Aviation  Total 
                   
13-Weeks Ended September 30, 2017                        
                         
Net sales $184,937  $167,147  $77,312  $189,053  $124,628  $743,077 
Gross profit $118,175  $96,135  $44,574  $83,961  $90,820  $433,665 
Operating income $67,810  $33,492  $18,420  $15,971  $34,097  $169,790 
                         
13-Weeks Ended September 24, 2016                        
                         
Net sales $141,006  $189,161  $70,010  $214,637  $107,436  $722,250 
Gross profit $88,497  $103,363  $39,891  $93,638  $80,591  $405,980 
Operating income $49,271  $44,774  $10,332  $24,795  $30,444  $159,616 
                         
39-Weeks Ended September 30, 2017                        
                         
Net sales $495,589  $485,999  $290,302  $555,059  $371,559  $2,198,508 
Gross profit $319,457  $276,014  $166,690  $246,931  $274,554  $1,283,646 
Operating income $176,544  $89,452  $60,860  $50,566  $112,063  $489,485 
                         
39-Weeks Ended September 24, 2016                        
                         
Net sales $370,929  $544,434  $264,489  $655,963  $322,083  $2,157,898 
Gross profit $232,652  $295,463  $148,554  $292,770  $239,349  $1,208,788 
Operating income $125,721  $114,422  $49,172  $82,984  $91,794  $464,093 

  Reportable Segments 
                   
  Outdoor  Fitness  Marine  Auto  Aviation  Total 
                   
13-Weeks Ended September 29, 2018               
                   
Net sales $209,415  $190,185  $98,770  $165,214  $146,427  $810,011 
Gross profit  136,671   103,441   58,508   70,925   111,202   480,747 
Operating income  78,972   37,378   13,908   15,032   50,669   195,959 
                         
13-Weeks Ended September 30, 2017                        
                         
Net sales $184,937  $167,147  $77,312  $197,220  $124,628  $751,244 
Gross profit  118,175   96,135   44,574   87,819   90,820   437,523 
Operating income  67,810   33,492   18,420   19,829   34,097   173,648 
                         
39-Weeks Ended September 29, 2018                        
                         
Net sales $555,314  $581,315  $346,908  $486,653  $445,146  $2,415,336 
Gross profit  358,829   326,473   203,976   207,389   333,886   1,430,553 
Operating income  194,711   123,299   54,806   31,113   151,741   555,670 
                         
39-Weeks Ended September 30, 2017                        
                         
Net sales $495,589  $485,999  $290,302  $580,792  $371,559  $2,224,241 
Gross profit  319,457   276,014   166,690   257,744   274,554   1,294,459 
Operating income  176,544   89,452   60,860   61,379   112,063   500,298 

 

Allocation of certain research and development expenses, and selling, general, and administrative expenses are made to each segment on a percent of revenue basis.

 


Net sales and property and equipment, netto external customers by geographic area areregion were as follows as of and for the 13-week and 39-week periods ended September 30, 201729, 2018 and September 24, 2016.30, 2017. Note that APAC includes Asia Pacific and Australian Continent and EMEA includes Europe, the Middle East and Africa:

 

  Americas  APAC  EMEA  Total 
September 30, 2017                
Net sales to external customers $1,049,287  $315,096  $834,125  $2,198,508 
Property and equipment, net $356,351  $160,360  $37,730  $554,441 
                 
September 24, 2016                
Net sales to external customers $1,073,610  $274,083  $810,205  $2,157,898 
Property and equipment, net $297,747  $117,301  $39,198  $454,246 

  13-Weeks Ended  39-Weeks Ended 
  September 29,  September 30,  September 29,  September 30, 
  2018  2017  2018  2017 
Americas $370,239  $346,208  $1,153,330  $1,072,247 
EMEA  307,087   291,703   862,116   831,687 
APAC  132,685   113,333   399,890   320,307 
Net sales to external customers $810,011  $751,244  $2,415,336  $2,224,241 

Net property and equipment by geographic region as of September 29, 2018 and September 30, 2017 are presented below.

  Americas  APAC  EMEA  Total 
September 29, 2018                
Property and equipment, net $403,556  $202,790  $44,459  $650,805 
                 
September 30, 2017                
Property and equipment, net $356,351  $160,360  $37,730  $554,441 

 

5.Warranty Reserves

 

The Company’s products sold are generally covered by a standard warranty for periods ranging from one to three years. The Company’s estimate of costs to service its warranty obligations are based on historical experience and expectation of future conditions and are recorded as a liability on the balance sheet. The following reconciliation provides an illustration of changes in the aggregate warranty reserve.

 

10

  13-Weeks Ended 
  September 29,  September 30, 
  2018  2017 
       
Balance - beginning of period $38,429  $37,012 
Accrual for products sold during the period  13,558   16,903 
Expenditures  (16,027)  (18,246)
Balance - end of period $35,960  $35,669 

 

  13-Weeks Ended 
  September 30,  September 24, 
  2017  2016 
       
Balance - beginning of period $37,012  $34,670 
Accrual for products sold during the period  16,903   15,859 
Expenditures  (18,246)  (11,657)
Balance - end of period $35,669  $38,872 

 39-Weeks Ended  39-Weeks Ended 
 September 30, September 24,  September 29, September 30, 
 2017  2016  2018  2017 
          
Balance - beginning of period $37,233  $30,449  $36,827  $37,233 
Accrual for products sold during the period  40,850   46,170   40,682   40,850 
Expenditures  (42,414)  (37,747)  (41,549)  (42,414)
Balance - end of period $35,669  $38,872  $35,960  $35,669 

 

6.Commitments and Contingencies

 

Commitments

 

The Company is party to certain commitments, which include purchases of raw materials, advertising expenditures, and other indirect purchases in connection with conducting our business. The aggregate amount of purchase orders and other commitments open as of September 30, 201729, 2018 was approximately $363,000.$346,000. We cannot determine the aggregate amount of such purchase orders that represent contractual obligations because purchase orders may represent authorizations to purchase rather than binding agreements. Our purchase orders are based on our current needs and are typically fulfilled within short periods of time.

 


Contingencies

 

In the normal course of business, the Company and its subsidiaries are parties to various legal claims, investigations and complaints, including matters alleging patent infringement and other intellectual property claims. The Company evaluates, on a quarterly and annual basis, developments in legal proceedings, investigations, claims, and other loss contingencies that could affect any required accrual or disclosure or estimate of reasonably possible loss or range of loss. An estimated loss from a loss contingency is accrued by a charge to income if it is probable that an asset has been impaired or a liability has been incurred and the amount of the loss can be reasonably estimated. If a range of loss is estimated, and some amount within that range appears to be a better estimate than any other amount within that range, then that amount is accrued. If no amount within the range can be identified as a better estimate than any other amount, the Company accrues the minimum amount in the range.

 

If an outcome unfavorable to the Company is determined to be probable, but the amount of loss cannot be reasonably estimated or is determined to be reasonably possible, but not probable, we disclose the nature of the contingency and an estimate of the possible loss or range of loss or a statement that such an estimate cannot be made. The Company’s aggregate range of reasonably possible losses includes (1) matters where a liability has been accrued and there is a reasonably possible loss in excess of the amount accrued for that liability, and (2) matters where a loss is believed to be reasonably possible, but not probable, and a liability therefore has not been accrued. This aggregate range only represents the Company’s estimate of reasonably possible losses and does not represent the Company’s maximum loss exposure. The assessment regarding whether a loss is probable or reasonably possible, and whether the loss or a range of loss is estimable, often involves a series of complex judgments about future events. In assessing the probability of an outcome in a lawsuit, claim or assessment that could be unfavorable to the Company, we consider the following factors, among others: a) the nature of the litigation, claim, or assessment; b) the progress of the case; c) the opinions or views of legal counsel and other advisers; d) our experience in similar cases; e) the experience of other entities in similar cases; and f) how we intend to respond to the lawsuit, claim, or assessment. Costs incurred in defending lawsuits, claims or assessments are expensed as incurred.

 

11

Other than the matter discussed below, managementManagement of the Company currently does not believe it is reasonably possible that the Company may have incurred a material loss, or a material loss in excess of recorded accruals, with respect to loss contingencies in the aggregate, for the fiscal quarter ended September 30, 2017.29, 2018. The results of legal proceedings, investigations and claims, however, cannot be predicted with certainty. An adverse resolution of one or more of such matters in excess of management’s expectations could have a material adverse effect in the particular quarter or fiscal year in which a loss is recorded, but based on information currently known, the Company does not believe it is likely that losses from such matters would have a material adverse effect on the Company’s business or its consolidated financial position, results of operations or cash flows.

 

The Company settled or resolved certain matters during the 13-week and 39-week periods ended September 30, 2017 that did not individually or in the aggregate have a material impact on the Company’s business or its consolidated financial position, results of operations or cash flows.

In the Matter of Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof

On June 9, 2014, Navico Inc. and Navico Holding AS (collectively “Navico”) filed a complaint with the United States International Trade Commission (“ITC”) alleging the Company infringed upon three specific Navico patents relating to downscan sonar. On December 1, 2015, the ITC issued a Final Determination concluding that there was infringement by Garmin. On August 30, 2016, Navico filed a request that the ITC initiate an enforcement proceeding for alleged violations by Garmin of the previous cease and desist orders issued by the ITC. On May 26, 2017, the Administrative Law Judge issued his initial enforcement determination concluding that Garmin’s sale of certain DownVü sonar products violated the ITC’s December 2015 orders and recommended a civil penalty of $37 million. On June 13, 2017, the US Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed the ITC’s December 2015 Final Determination. Specifically, the Federal Circuit ruled that two of the three patents in suit are invalid and that Garmin does not infringe upon the third patent. The ITC stayed the issuance of a Final Determination in this enforcement proceeding pending the issuance by the Federal Circuit of its mandate, which occurred on October 31, 2017. The Company believes the claims in this complaint are without merit, believes it has valid defenses, believes there is a remote likelihood that the Company may have incurred a material loss with respect to this matter, and no loss accrual has therefore been recorded.

Navico Inc. And Navico Holding AS v. Garmin International, Inc. and Garmin USA, Inc. (U.S. District Court for the Northern District of Oklahoma)

On June 4, 2014, Navico filed suit in the United States District Court for the Northern District of Oklahoma alleging the Company infringed upon the same three specific Navico patents relating to downscan sonar that are the subject of their complaint filed with ITC discussed above. On January 15, 2016, the court issued an order staying this lawsuit pending the final determination of any appeal filed with the Federal Circuit concerning that ITC complaint. The Federal Circuit issued its mandate in this appeal on October 31, 2017, reversing the ITC’s December 2015 infringement ruling. The Company believes the claims in this lawsuit are without merit, believes it has valid defenses, believes there is a remote likelihood that the Company may have incurred a material loss with respect to this matter, and no loss accrual has therefore been recorded.

Navico Inc. And Navico Holding AS v. Garmin International, Inc. and Garmin USA, Inc. (U.S. District Court for the Eastern District of Texas)

On March 4, 2016, Navico filed suit in the United States District Court for the Eastern District of Texas, Marshall Division alleging the Company infringed upon two specific Navico patents relating to downscan sonar. On September 8, 2017, a jury returned a verdict finding that Garmin had willfully infringed upon those two patents and awarded damages of $38 million. The judge in this matter must now issue a final judgment which could result in damages of up to three times the original jury verdict (or up to $114 million). The final judgment could also include pre-judgment interest, post-judgment interest, and attorneys’ fees.

12

If the final judgment orders the Company to pay any amount of damages, the Company will appeal that decision to the Federal Circuit, based on grounds which the same court found in favor of the Company that similar Navico patents were not valid or were not infringed. The Company believes the claims in this lawsuit are without merit, is challenging the verdict, believes it has valid defenses, and will vigorously defend this matter. We believe the Federal Circuit will not uphold the validity of the asserted claims of these Navico patents, which are closely related to the claims of the patents that the Federal Circuit has already concluded are obvious and invalid in view of the prior art, and will therefore reverse the jury verdict. As the Company believes a loss in this lawsuit is not probable after any and all challenges and appeals, no loss accrual has been recorded.

In assessing the probability of a loss, we considered, among other factors, our experience and the experience of other entities in similar cases, how we intend to respond to the lawsuit, and the opinions of internal and external legal counsel that a loss is not probable, but is reasonably possible. In view of these factors, the existence of the jury verdict, the possibility of needing to appeal the final judgment and other uncertainties, the Company believes that it is reasonably possible that a loss could occur in a range from zero to up to $114 million, exclusive of pre-judgment interest, post-judgment interest, and attorneys’ fees.

7.Income Taxes

 

The Company recorded income tax expense of $38,643$17,113 in the 13-week period ended September 29, 2018, compared to income tax expense of $38,840 in the 13-week period ended September 30, 2017, compared to income tax expense of $24,711 in the 13-week period ended September 24, 2016.2017. The effective tax rate was 20.8%8.5% in the third quarter of 2017,2018, compared to 16.5%20.5% in the third quarter of 2016.2017. The 4301,200 basis points increasedecrease to the third quarter of 20172018 effective tax rate compared to the prior year quarter is primarily due to the reduction of the U.S. corporate tax rate and increased benefit from U.S. research and development tax credits.

The Company recorded income tax expense of $87,445 in the first three quarters of 2018, compared to an income tax benefit of $53,840 in the first three quarters of 2017, which included tax expense of $7,275 associated with the expiration of share-based awards and an income tax benefit of $168,755 primarily related to the revaluation of certain Switzerland deferred tax assets resulting from the Company’s election in Februarythe first quarter of 2017 to align certain Switzerland corporate tax positions with evolving international tax initiatives, and shiftsinitiatives. The effective tax rate was 14.8% in projected income mix by jurisdiction, partially offset by the release of reserves related to uncertain tax positions due to the expiration of certain statutes of limitations during the third quarter of 2017.

The Company recorded an income tax benefit of $54,372 for the first three quarters of 2017,2018, compared to income tax expense of $86,904 for the first three quarters of 2016. The effective tax rate was (10.8%(10.5%) in the first three quarters of 2017, compared to 18.8% in2017. Excluding the first three quarters of 2016. Excluding an income tax benefit of $168,755 dueprimarily related to the revaluation of Switzerland deferred tax assets, and the $7,275 tax expense due to the expiration of share-based awards, (see Note 1 regarding the impacts of ASU 2016-09), the effective tax rate for the first three quarters of 2017 increased 2502018 decreased 620 basis points compared to the effective tax rate forin the first three quarters of 2016. This remaining 250 basis point increase in effective tax rate was2017 primarily due to the Company’s election in February 2017 to align certain Switzerlandreduction of the U.S. corporate tax positions with evolving internationalrate and increased benefit from U.S. research and development tax initiatives.credits.


On December 22, 2017, the Tax Cuts and Jobs Act was enacted into law in the United States. Due to the complexities of the new tax legislations, the SEC has issued Staff Accounting Bulletin No. 118 (“SAB 118”) which allows for the recognition of provisional amounts during a measurement period. The Company recorded a provisional re-measurement of its deferred tax assets and liabilities in the fourth quarter of 2017. The Company filed its U.S. federal income tax return during the third quarter of 2018 which did not result in an adjustment of its provisional re-measurement of its deferred tax assets and liabilities. Income tax expense recorded in the third quarter of 2018 includes the impact of the new tax legislation as currently interpreted by the Company. The Company will continue to assess the impact of the new tax legislation, including any state tax impact or any related future regulations and rules, and will record any additional impacts as identified during the measurement period, if necessary. The Company does not expect such potential adjustments in the future periods will materially impact the Company’s financial condition or result of operations.

 

8.Marketable Securities

 

The Financial Accounting Standards Board ("FASB"(“FASB”) ASC topic entitled Fair Value Measurements and Disclosures defines fair value as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date (exit price). The accounting guidance classifies the inputs used to measure fair value into the following hierarchy:

 

Level 1Unadjusted quoted prices in active markets for the identical asset or liability

Level 2Observable inputs for the asset or liability, either directly or indirectly, such as quoted prices for similar assets or liabilities in active markets, quoted prices for identical or similar assets or liabilities in markets that are not active, or inputs other than quoted prices that are observable for the asset or liability

Level 3Unobservable inputs for the asset or liability

13

 

The Company endeavors to utilize the best available information in measuring fair value. Financial assets and liabilities are classified in their entirety based on the lowest level of input that is significant to the fair value measurement. Valuation is based on prices obtained from an independent pricing vendor using both market and income approaches. The primary inputs to the valuation include quoted prices for similar assets in active markets, quoted prices for identical or similar assets in markets that are not active, contractual cash flows, benchmark yields, and credit spreads.

 

The method described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, while the Company believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date.

 


Available-for-sale securities measured at fair value on a recurring basis are summarized below:

 

  Fair Value Measurements as
of September 30, 2017
 
  Total  Level 1  Level 2  Level 3 
U.S. Treasury securities $19,859  $-  $19,859  $- 
Agency securities  50,975   -   50,975   - 
Mortgage-backed securities  192,966   -   192,966   - 
Corporate securities  866,665   -   866,665   - 
Municipal securities  160,398   -   160,398   - 
Other  173,159   -   173,159   - 
Total $1,464,022  $-  $1,464,022  $- 

 

  Fair Value Measurements as
of December 31, 2016
 
  Total  Level 1  Level 2  Level 3 
U.S. Treasury securities $29,034  $-  $29,034  $- 
Agency securities  59,541   -   59,541   - 
Mortgage-backed securities  230,823   -   230,823   - 
Corporate securities  893,725   -   893,725   - 
Municipal securities  176,168   -   176,168   - 
Other  90,946   -   90,946   - 
Total $1,480,237  $-  $1,480,237  $- 

  Fair Value Measurements as
of September 29, 2018
 
  Total  Level 1  Level 2  Level 3 
U.S. Treasury securities $25,040  $  $25,040  $ 
Agency securities  46,291      46,291    
Mortgage-backed securities  140,318      140,318    
Corporate securities  942,532      942,532    
Municipal securities  168,588      168,588    
Other  152,039      152,039    
Total $1,474,808  $  $1,474,808  $ 

 

14

  Fair Value Measurements as
of December 30, 2017
 
  Total  Level 1  Level 2  Level 3 
U.S. Treasury securities $19,337  $  $19,337  $ 
Agency securities  43,361      43,361    
Mortgage-backed securities  174,615      174,615    
Corporate securities  816,793      816,793    
Municipal securities  186,105      186,105    
Other  181,509      181,509    
Total $1,421,720  $  $1,421,720  $ 

 

Marketable securities classified as available-for-sale securities are summarized below:

 

  Available-For-Sale Securities as
of September 30, 2017
 
    
  Amortized Cost  Gross Unrealized
Gains
  Gross Unrealized
Losses
  Fair Value 
U.S. Treasury securities $19,986  $10  $(137) $19,859 
Agency securities  51,594   5   (624)  50,975 
Mortgage-backed securities  197,525   23   (4,582)  192,966 
Corporate securities  876,508   721   (10,564)  866,665 
Municipal securities  161,165   329   (1,096)  160,398 
Other  174,754   10   (1,605)  173,159 
Total $1,481,532  $1,098  $(18,608) $1,464,022 

  Available-For-Sale Securities as
of September 29, 2018
 
    
  Amortized Cost  Gross Unrealized Gains  Gross Unrealized Losses  Fair Value 
U.S. Treasury securities $25,499  $  $(459) $25,040 
Agency securities  47,653      (1,362)  46,291 
Mortgage-backed securities  148,837   3   (8,522)  140,318 
Corporate securities  974,227   47   (31,742)  942,532 
Municipal securities  172,157   3   (3,572)  168,588 
Other  155,200   0   (3,161)  152,039 
Total $1,523,573  $53  $(48,818) $1,474,808 

 

  Available-For-Sale Securities as
of December 31, 2016
 
    
  Amortized Cost  Gross Unrealized
Gains
  Gross Unrealized
Losses
  Fair Value 
U.S. Treasury securities $29,291  $31  $(288) $29,034 
Agency securities  60,513   19   (991)  59,541 
Mortgage-backed securities  236,354   41   (5,572)  230,823 
Corporate securities  914,028   252   (20,555)  893,725 
Municipal securities  178,804   224   (2,859)  176,169 
Other  90,934   20   (9)  90,945 
Total $1,509,924  $587  $(30,274) $1,480,237 

  Available-For-Sale Securities as
of December 30, 2017
 
             
  Amortized Cost  Gross Unrealized Gains  Gross Unrealized Losses  Fair Value 
U.S. Treasury securities $19,591  $  $(254) $19,337 
Agency securities  44,191   1   (831)  43,361 
Mortgage-backed securities  180,470   13   (5,868)  174,615 
Corporate securities  830,447   136   (13,790)  816,793 
Municipal securities  187,999   110   (2,004)  186,105 
Other  183,730   2   (2,223)  181,509 
Total $1,446,428  $262  $(24,970) $1,421,720 

 

The Company’s investment policy targets low risk investments with the objective of minimizing the potential risk of principal loss. The fair value of our securities varies from period to period due to changes in interest rates, in the performance of the underlying collateral and in the credit performance of the underlying issuer, among other factors. The Company does not intend to sell the securities that have an unrealized loss shown in the table above, and it is not more likely than not that the Company will be required to sell a security before recovery of its amortized costcosts basis, which may be maturity.

 


The Company recognizes the credit component of other-than-temporary impairments of debt securities in "Other Income"“Other Income” and the noncredit component in "Other“Other comprehensive income (loss)" for those securities that we do not intend to sell and for which it is not more likely than not that we will be required to sell before recovery. During 2016fiscal 2017 and the 39-week period endingended September 30, 2017,29, 2018, the Company did not record any material impairment charges on its outstanding securities.

 

The amortized cost and fair value of the securities at an unrealized loss position atas of September 30, 201729, 2018 were $1,140,662$1,480,955 and $1,122,054$1,432,137, respectively. Approximately 59%85% of securities in our portfolio were at an unrealized loss position atas of September 30, 2017.29, 2018. We have the ability to hold these securities until maturity or their value is recovered. We do not consider these unrealized losses to be other than temporary credit losses because there has been no material deterioration in credit quality and no change in the cash flows of the underlying securities. We do not intend to sell the securities and it is not more likely than not that we will be required to sell the securities; therefore, no material impairment has been recorded in the accompanying condensed consolidated statement of income.

 

The cost of securities sold is based on the specific identification method.

 

15

The following tables display additional information regarding gross unrealized losses and fair value by major security type for available-for-sale securities in an unrealized loss position as of September 30, 201729, 2018 and December 31, 2016.30, 2017.

 

  As of September 30, 2017 
  Less than 12 Consecutive Months  12 Consecutive Months or Longer 
  Gross Unrealized
Losses
  Fair Value  Gross Unrealized
Losses
  Fair Value 
U.S. Treasury securities $(49) $10,535  $(88) $4,835 
Agency securities  (416)  29,139   (208)  16,441 
Mortgage-backed securities  (1,486)  73,508   (3,096)  117,656 
Corporate securities  (4,034)  432,176   (6,530)  238,952 
Municipal securities  (298)  54,675   (798)  31,085 
Other  (1,602)  111,332   (3)  1,720 
Total $(7,885) $711,365  $(10,723) $410,689 

  As of September 29, 2018 
  Less than 12 Consecutive Months  12 Consecutive Months or Longer 
  Gross Unrealized Losses  Fair Value  Gross Unrealized Losses  Fair Value 
U.S. Treasury securities $(90) $11,405  $(369) $13,635 
Agency securities  (48)  7,700   (1,314)  38,591 
Mortgage-backed securities  (9)  513   (8,513)  139,339 
Corporate securities  (9,256)  477,194   (22,486)  449,488 
Municipal securities  (1,766)  106,380   (1,806)  60,281 
Other  (830)  37,869   (2,331)  89,742 
Total $(11,999) $641,061  $(36,819) $791,076 

 

  As of December 31, 2016 
  Less than 12 Consecutive Months  12 Consecutive Months or Longer 
  Gross Unrealized
Losses
  Fair Value  Gross Unrealized
Losses
  Fair Value 
U.S. Treasury securities $(288) $24,260  $-  $- 
Agency securities  (991)  49,255   -   - 
Mortgage-backed securities  (3,702)  159,665   (1,870)  64,645 
Corporate securities  (18,856)  765,712   (1,699)  40,910 
Municipal securities  (2,762)  130,994   (97)  6,326 
Other  (3)  4,058   (6)  6,919 
Total $(26,602) $1,133,944  $(3,672) $118,800 

  As of December 30, 2017 
  Less than 12 Consecutive Months  12 Consecutive Months or Longer 
  Gross Unrealized Losses  Fair Value  Gross Unrealized Losses  Fair Value 
U.S. Treasury securities $(111) $12,966  $(143) $6,371 
Agency securities  (168)  16,097   (663)  25,972 
Mortgage-backed securities  (503)  19,628   (5,365)  153,835 
Corporate securities  (4,562)  439,174   (9,228)  347,052 
Municipal securities  (1,027)  125,819   (977)  38,167 
Other  (2,219)  136,147   (4)  2,579 
Total $(8,590) $749,831  $(16,380) $573,976 

 


The amortized cost and fair value of marketable securities at September 30, 2017,29, 2018, by contractual maturity, are shown below. Expected maturities will differ from contractual maturities because the issuers of the securities may have the right to prepay obligations without prepayment penalties.

 

  Amortized Cost  Fair Value 
       
Due in one year or less $253,879  $253,699 
Due after one year through five years  1,012,722   1,002,997 
Due after five years through ten years  186,767   179,714 
Due after ten years  28,164   27,612 
  $1,481,532  $1,464,022 

  Amortized Cost  Fair Value 
       
Due in one year or less $174,578  $173,697 
Due after one year through five years  1,228,112   1,189,069 
Due after five years through ten years  120,883   112,042 
  $1,523,573  $1,474,808 

 

9.Share Repurchase Plan

On February 13, 2015, the Board of Directors approved a share repurchase program authorizing the Company to repurchase up to $300,000 of the common shares of Garmin Ltd. The repurchases may be made from time to time as market and business conditions warrant on the open market or in negotiated transactions in compliance with the SEC’s Rule 10b-18. The timing and amounts of any repurchases will be determined by the Company’s management depending on market conditions and other factors including price, regulatory requirements and capital availability. The program does not require the purchase of any minimum number of shares and may be suspended or discontinued at any time. In December 2016, the Board of Directors authorized an extension through December 31, 2017 to purchase remaining common shares. As of September 30, 2017, the Company had repurchased 6,776 shares using cash of $299,169. There remains approximately $831 available to repurchase additional shares under this authorization.

16

10.Accumulated Other Comprehensive Income

 

The following provides required disclosure of changes in accumulated other comprehensive income (AOCI) balances by component for the 13-week and 39-week periods ended September 30, 2017:29, 2018:

 

  13-Weeks Ended September 30, 2017 
  Foreign Currency
Translation
Adjustment
  Net unrealized gains
(losses) on available-
for-sale securities
  Total 
Balance - beginning of period $56,095  $(15,948) $40,147 
Other comprehensive income before reclassification  5,804   519   6,323 
Amounts reclassified from accumulated other comprehensive income  -   17   17 
Net current-period other comprehensive income  5,804   536   6,340 
Balance - end of period $61,899  $(15,412) $46,487 

  13-Weeks Ended September 29, 2018 
  Foreign Currency Translation Adjustment  Net unrealized gains (losses) on available-for-sale securities  Total 
Beginning Balance $52,924  $(43,192) $9,732 
Other comprehensive income before reclassification, net of income tax benefit of $107  (3,940)  (1,353)  (5,293)
Amounts reclassified from accumulated other comprehensive income     185   185 
Net current-period other comprehensive income  (3,940)  (1,168)  (5,108)
Reclassification of tax effects due to adoption of ASU 2018-02         
Ending Balance $48,984  $(44,360) $4,624 

 

  39-Weeks Ended September 30, 2017 
  Foreign Currency
Translation
Adjustment
  Net unrealized gains
(losses) on available-
for-sale securities
  Total 
Balance - beginning of period $(9,411) $(27,350) $(36,761)
Other comprehensive income before reclassification  71,310   11,378   82,688 
Amounts reclassified from accumulated other comprehensive income  -   560   560 
Net current-period other comprehensive income  71,310   11,938   83,248 
Balance - end of period $61,899  $(15,412) $46,487 

  39-Weeks Ended September 29, 2018 
  Foreign Currency Translation Adjustment  Net unrealized gains (losses) on available-for-sale securities  Total 
Beginning Balance $79,292  $(22,864) $56,428 
Other comprehensive income before reclassification, net of income tax benefit of $3,014  (30,308)  (21,490)  (51,798)
Amounts reclassified from accumulated other comprehensive income     446   446 
Net current-period other comprehensive income  (30,308)  (21,044)  (51,352)
Reclassification of tax effects due to adoption of ASU 2018-02     (452)  (452)
Ending Balance $48,984  $(44,360) $4,624 

 

17


 

The following provides required disclosure of reporting reclassifications out of AOCI for the 13-week and 39-week periods ended September 30, 2017:29, 2018:

 

13-Weeks Ended September 30, 2017
Details about Accumulated Other
Comprehensive Income
Components
 Amount Reclassified
from Accumulated
Other Comprehensive
Income
  Affected Line Item
in the Statement
Where Net Income
is Presented
      
Unrealized gains (losses) on available-for-sale securities $(10) Other income (expense)
   (7) Income tax benefit (provision)
  $(17) Net of tax

13-Weeks Ended September 29, 2018
Details About Accumulated Other Comprehensive Income Components Amount Reclassified
from Accumulated
Other Comprehensive
Income
  Affected Line Item in the Statement Where Net Income is Presented
       
Unrealized gains (losses) on available-for-sale securities $(250) Other income (expense)
       
   65  Income tax benefit (provision)
  $(185) Net of tax

 

39-Weeks Ended September 30, 2017
Details about Accumulated Other
Comprehensive Income
Components
 Amount Reclassified
from Accumulated
Other Comprehensive
Income
  Affected Line Item
in the Statement
Where Net Income
is Presented
      
Unrealized gains (losses) on available-for-sale securities $(594) Other income (expense)
   34  Income tax benefit (provision)
  $(560) Net of tax

39-Weeks Ended September 29, 2018
Details About Accumulated Other Comprehensive Income Components  Amount Reclassified
from Accumulated
Other Comprehensive
Income
  Affected Line Item in the Statement Where Net Income is Presented
       
Unrealized gains (losses) on available-for-sale securities $(481) Other income (expense)
       
   35  Income tax benefit (provision)
  $(446) Net of tax

10.Revenue

In order to further depict how the nature, amount, timing and uncertainty of our revenue and cash flows are affected by economic factors, we disaggregate revenue (or “net sales”) by geographic region, major product category, and pattern of recognition.

Disaggregated revenue by geographic region (Americas, APAC, and EMEA) is presented in Note 4 – Segment Information. The Company has identified six major product categories – aviation, marine, outdoor, fitness, auto PND, and auto OEM. Note 4 also contains disaggregated revenue information of the aviation, marine, outdoor and fitness major product categories. Auto segment revenue presented in Note 4 is comprised of the auto PND and auto OEM major product categories as depicted below.

  Auto Revenue by Major Product Category
  13-Weeks Ended 39-Weeks Ended
  September 29, September 30, September 29, September 30,
  2018 2017 2018 2017
Auto PND 64% 70% 66% 69%
Auto OEM 36% 30% 34% 31%


A large majority of the Company’s sales are recognized on a point in time basis, usually once the product is shipped and title and risk of loss have transferred to the customer. Sales recognized over a period of time are primarily within the auto segment and relate to performance obligations that are satisfied over the life of the product or contractual service period. Revenue disaggregated by the timing of transfer of the goods or services is presented in the table below:

  13-Weeks Ended  39-Weeks Ended 
  September 29,  September 30,  September 29,  September 30, 
  2018  2017  2018  2017 
Point in time $761,216  $708,854  $2,286,740  $2,098,468 
Over time  48,795   42,390   128,596   125,773 
Net sales $810,011  $751,244  $2,415,336  $2,224,241 

Transaction price and costs associated with the Company’s unsatisfied performance obligations are reflected as deferred revenue and deferred costs, respectively, on the Company’s Condensed Consolidated Balance Sheets. Such amounts are recognized ratably over the applicable service period or estimated useful life. Changes in deferred revenue and costs during the 39-weeks ended September 29, 2018 are presented below:

  39-Weeks Ended 
  September 29, 
  2018 
  Deferred Revenue(1)  Deferred Costs(2) 
         
Balance, beginning of period $190,200  $63,554 
Deferrals in period  113,634   27,445 
Recognition of deferrals in period  (128,596)  (33,032)
Balance, end of period $175,238  $57,967 

(1)Deferred revenue is comprised of both Deferred revenue and Noncurrent deferred revenue per the Condensed Consolidated Balance Sheets
(2)Deferred costs are comprised of both Deferred costs and Noncurrent deferred costs per the Condensed Consolidated Balance Sheets

Of the $128,596 of deferred revenue recognized in the 39-weeks ended September 29, 2018, $88,775 was deferred as of the beginning of the period.

Approximately two-thirds of the $175,238 of deferred revenue at the end of the period, September 29, 2018, is recognized ratably over a period of three years or less.

 

11.Recently Issued Accounting Pronouncements Not Yet Adopted

Revenue from Contracts with Customers

In May 2014, the FASB issued Accounting Standards Update (“ASU”) No. 2014-09, Revenue from Contracts with Customers (Topic 606) (“ASU 2014-09”), which supersedes previous revenue recognition guidance. The FASB has issued several standards amending or relating to ASU 2014-09 (collectively, the “new revenue standards”). The effective date of ASU 2014-09 is for fiscal years, and interim periods within those years, beginning on or after December 15, 2017. The Company does not intend to early adopt, and therefore will adopt in the Company’s fiscal year ending December 29, 2018. The Company plans to adopt the new revenue standards using the full retrospective method to restate each prior reporting period presented.

Our evaluation of the new revenue standards, as it relates to possible differences in the timing of revenue recognition for our contracts, is substantially complete. Based on our evaluation of the new revenue standards, our recognition will be consistent with our current accounting policies except for certain arrangements within the Company’s auto segment.

A portion of the Company’s auto segment contracts are currently accounted for under Accounting Standards Codification Topic 985-605 Software-Revenue Recognition (Topic 985-605). Under Topic 985-605, the Company defers all elements of multiple-element software arrangements if vendor-specific objective evidence of fair value (VSOE) cannot be established for an undelivered element (e.g. map updates). In applying the new revenue standards to certain contracts that include both software licenses and map updates, we will recognize the portion of revenue related to the software license at the time of delivery rather than ratably over the map update period.

18

Additionally, for certain multiple-element arrangements within the Company’s auto segment, the Company’s current policy is to allocate consideration to traffic services and recognize it ratably over the estimated life of the underlying product. Under the new revenue standards, we will recognize revenue related to certain traffic services at the time of hardware and/or software delivery. Specifically, the new revenue standards emphasize the timing of the Company’s performance, and upon delivery of the navigation device and/or software, the Company has performed its obligation with respect to the design and production of the product to receive and interpret the broadcast traffic signal for the benefit of the end user.

The changes in accounting policy described above will collectively result in reductions to deferred costs (asset) and deferred revenue (liability) balances and will accelerate the recognition of revenues and deferred costs in the auto segment going forward. The Company is currently finalizing its assessment of these impacts of the new revenue standards to the Consolidated Financial Statements. The new revenue standards require enhanced disclosures regarding contract assets and liabilities, and increased disaggregation of revenues, among other enhanced disclosure requirements. We are in the process of implementing changes to processes and internal controls for the new revenue standards.

Financial Instruments – Recognition, Measurement, Presentation, and Disclosure

In January 2016, the FASB issued Accounting Standards Update No. 2016-01, Financial Instruments—Overall (Subtopic 825-10): Recognition and Measurement of Financial Assets and Financial Liabilities (“ASU 2016-01”). The standard addresses certain aspects of recognition, measurement, presentation, and disclosure of financial instruments. ASU 2016-01 is effective for fiscal years, and interim periods within those years, beginning after December 15, 2017. The Company is currently evaluating the impact of adopting the new standard on its consolidated financial statements.

 

Leases

 

In February 2016, the FASB issued Accounting Standards Update No. 2016-02, Leases (Topic 842) (“ASU 2016-02”), which sets out the principles for the recognition, measurement, presentation and disclosure of leases for both lessees and lessors. The FASB subsequently issued Accounting Standards Update No. 2018-10 and Accounting Standards Update No. 2018-11 in July 2018, which provide clarifications and improvements to ASU 2016-02 (collectively, the “new lease standard”). Accounting Standards Update No. 2018-11 also provides the optional transition method which allows companies to apply the new lease standard at the adoption date instead of at the earliest comparative period presented. The new lease standard requires lessees to present a right-of-use asset and a corresponding lease liability on the balance sheet. Lessor accounting is substantially unchanged compared to the current accounting guidance. ASU 2016-02Additional footnote disclosures related to leases will also be required. The new lease standard is effective for fiscal years, and interim periods within those years, beginning after December 15, 2018. Early adoption is permitted.


The Company is currently evaluatingwill adopt the new lease standard at the beginning of the 2019 fiscal year using the optional transition method. The Company plans on electing the package of transitional practical expedients upon adoption which, among other provisions, allows the Company to carry forward historical lease classification. The new lease standard will result in increases to the assets and liabilities on the Company’s consolidated balance sheets, as the majority of the Company’s leases are classified as operating leases. The Company continues to evaluate the full quantitative impact of adopting the new standard on its consolidated financial statements.

Statement of Cash Flows

In August 2016, the FASB issued Accounting Standards Update No. 2016-15, Statement of Cash Flows (Topic 230): Classification of Certain Cash Receipts and Cash Payments (“ASU 2016-15”), which adds or clarifies guidance on the classification of certain cash receipts and payments in the statement of cash flows. The standard addresses eight specific cash flow issues with the objective of reducing diversity in practice. ASU 2016-15 is effective for fiscal years, and interim periods within those years, beginning after December 15, 2017. Early adoption is permitted.lease standard. The Company is currently evaluatingalso in the impactprocess of implementing changes to accounting policies, processes, systems, and internal controls in conjunction with adopting the new standard on its consolidated financial statements.lease standard.

Income Taxes

In October 2016, the FASB issued Accounting Standards Update No. 2016-16, Income Taxes (Topic 740): Intra-Entity Transfers of Assets Other than Inventory (“ASU 2016-16”), which requires recognition of the income tax consequences of an intra-entity transfer of an asset other than inventory when the transfer occurs. ASU 2016-16 is effective for fiscal years, and interim periods within those years, beginning after December 15, 2017. Early adoption is permitted. The Company is currently evaluating the impact of adopting the new standard on its consolidated financial statements.

19

 

Receivables – Nonrefundable Fees and Other Costs

 

In March 2017, the FASB issued Accounting Standards Update No. 2017-08, Receivables – Nonrefundable Fees and Other Costs (Topic 310-20): Premium Amortization on Purchased Callable Debt Securities (“ASU 2017-08”), which shortens the amortization period for certain callable debt securities held at a premium, requiring the premium to be amortized to the earliest call date. Callable debt securities held at a discount continue to be amortized to maturity. ASU 2017-08 is effective for fiscal years, and interim periods within those years, beginning after December 15, 2019. Early adoption is permitted. The Company is currently evaluating the impact of adopting the new standard on its consolidated financial statements.

12.Subsequent Events

On October 26, 2017, the Company acquired the shares of Navionics S.p.A., a privately held worldwide provider of electronic navigational charts and mobile applications for the marine industry. This acquisition was not material.

20

 

Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations

Overview

 

The discussion set forth below, as well as other portions of this Quarterly Report, contains statements concerning potential future events. Such forward-looking statements are based upon assumptions by management, as of the date of this Quarterly Report, including assumptions about risks and uncertainties faced by the Company. Readers can identify these forward-looking statements by their use of such verbs as expects, anticipates, believes or similar verbs or conjugations of such verbs. If any of the Company’s assumptions prove incorrect or should unanticipated circumstances arise, actual results could materially differ from those anticipated by such forward-looking statements. The differences could be caused by a number of factors or combination of factors including, but not limited to, those factors identified in the Company’s Annual Report on Form 10-K for the year ended December 31, 2016.30, 2017. This report has been filed with the Securities and Exchange Commission (the "SEC"“SEC” or the "Commission"“Commission”) in Washington, D.C. and can be obtained by contacting the SEC'sSEC’s public reference operations or obtaining it through the SEC'sSEC’s website at http://www.sec.gov. Readers are strongly encouraged to consider those factors when evaluating any forward-looking statement concerning the Company. The Company will not update any forward-looking statements in this Quarterly Report to reflect future events or developments.

 

The information contained in this Management’s Discussion and Analysis of Financial Condition and Results of Operations should be read in conjunction with the Condensed Consolidated Financial Statements and Notes thereto included in this Form 10-Q and the audited financial statements and notes thereto in the Company’s Annual Report on Form 10-K for the year ended December 31, 2016.30, 2017.

 

The Company is a leading worldwide provider of navigation, communications and information devices, most of which are enabled by Global Positioning System, or GPS, technology. We operate in five businessreportable segments, the outdoor, fitness, marine, auto and aviation markets. The Company’s segments offer products through its network of independent dealers and distributors. However, the nature of products and types of customers for the five segments may vary significantly. As such, the segments are managed separately.

 

21

The Company adopted the new accounting standard for revenue recognition, as discussed in Note 1 – Accounting Policies of the Notes to Condensed Consolidated Financial Statements, effective beginning with the Company’s first quarter of 2018. Adoption of the new revenue recognition standard was applied using the full retrospective method, and information for prior periods within Results of Operations have been restated accordingly.

 


Results of Operations

 

The following table sets forth the Company’s results of operations as a percent of net sales during the periods shown (the table may not foot due to rounding):

 

  13-Weeks Ended 
  September 30, 2017  September 24, 2016 
       
Net sales  100%  100%
Cost of goods sold  42%  44%
Gross profit  58%  56%
Advertising expense  4%  5%
Selling, general and administrative expense  14%  13%
Research and development expense  17%  16%
Total operating expense  36%  34%
Operating income  23%  22%
Other income (expense)  2%  (1)%
Income before income taxes  25%  21%
Income tax (benefit) provision  5%  3%
Net income  20%  17%

  13-Weeks Ended
  September 29, 2018 September 30, 2017
   
Net sales 100% 100%
Cost of goods sold 41% 42%
Gross profit 59% 58%
Advertising expense 4% 4%
Selling, general and administrative expense 14% 14%
Research and development expense 17% 17%
Total operating expense 35% 35%
Operating income 24% 23%
Other income (expense) 1% 2%
Income before income taxes 25% 25%
Income tax provision 2% 5%
Net income 23% 20%

 

  39-Weeks Ended 
  September 30, 2017  September 24, 2016 
       
Net sales  100%  100%
Cost of goods sold  42%  44%
Gross profit  58%  56%
Advertising expense  5%  5%
Selling, general and administrative expense  14%  14%
Research and development expense  17%  16%
Total operating expense  36%  35%
Operating income  22%  22%
Other income (expense)  1%  0%
Income before income taxes  23%  21%
Income tax (benefit) provision  (2)%  4%
Net income  25%  17%

  39-Weeks Ended
  September 29, 2018 September 30, 2017
   
Net sales 100% 100%
Cost of goods sold 41% 42%
Gross profit 59% 58%
Advertising expense 4% 5%
Selling, general and administrative expense 15% 14%
Research and development expense 17% 17%
Total operating expense 36% 36%
Operating income 23% 22%
Other income (expense) 1% 1%
Income before income taxes 24% 23%
Income tax provision (benefit) 4% (2%)
Net income 21% 25%

 

Allocation of certain research and development expenses, and selling, general, and administrative expenses are made to each segment on a percent of revenue basis. The segment table located in Note 4 to the Condensed Consolidated Financial Statements sets forth the Company’s results of operations (in thousands) including net sales, gross profit, and operating income for each of the Company’s five segments during the periods shown. For each line item in the table, the total of the outdoor, fitness, marine, auto, and aviation segments'segments’ amounts equals the amount in the condensed consolidated statements of income included in Item 1.

 

22


Comparison of 13-weeks13-Weeks ended September 29, 2018 and September 30, 2017 and September 24, 2016

(Amounts included in the following discussion are stated in thousands unless otherwise indicated)

 

Net Sales

           
 13-weeks ended September 30, 2017 13-weeks ended September 24, 2016 Year over Year  13-Weeks ended September 29, 2018 13-Weeks ended September 30, 2017 Year over Year
 Net Sales % of Revenues Net Sales % of Revenues $ Change % Change  Net Sales  % of Revenue  Net Sales % of Revenue $ Change % Change
Outdoor $184,937   25% $141,006   19% $43,931   31% $209,415   26% $184,937   25% $24,478   13%
Fitness  167,147   23%  189,161   26%  (22,014)  -12%  190,185   24%  167,147   22%  23,038   14%
Marine  77,312   10%  70,010   10%  7,302   10%  98,770   12%  77,312   10%  21,458   28%
Auto  189,053   25%  214,637   30%  (25,584)  -12%  165,214   20%  197,220   26%  (32,006)  (16%)
Aviation  124,628   17%  107,436   15%  17,192   16%  146,427   18%  124,628   17%  21,799   17%
Total $743,077   100% $722,250   100% $20,827   3% $810,011   100% $751,244   100% $58,767   8%

 

Net sales increased 3%8% for the 13-week period ended September 30, 201729, 2018 when compared to the year-ago quarter. The outdoor, aviation, marine, and fitness segments collectively increased by 9%16%, contributing 75%80% of total revenue. AutoOutdoor was the largest portion of our revenue mix at 26% in the third quarter of 2018 compared to 25% in the third quarter of 2017 compared to 30%2017. Auto revenue represented the largest portion of our revenue mix in the third quarter of 2016.2017 at 26% and declined to 20% in the third quarter of 2018.

 

Total unit sales decreasedin the third quarter of 2018 increased to 3,527 when compared to total unit sales of 3,492 in the third quarter of 2017 from 3,848 in the same period of 2016.2017.

 

Auto segment revenue decreased 12%16% from the year-ago quarter, primarily due to the ongoing PND market contraction. Revenues in theOutdoor, fitness, marine, and aviation segment decreased 12% from the year-ago quarter driven by the general decline of the basic activity tracker marketrevenue increased 13%, 14%, 28%, and the timing of product introductions. The marine increase of 10% is primarily due to strong chartplotter and fishfinder sales in the current quarter. Revenues in the outdoor segment increased 31% from the year-ago quarter primarily driven by significant growth in the wearable category. Aviation revenues increased 16%17%, respectively, when compared to the year-ago quarter. The current quarter marine segment increase was primarily driven by bothsales from recent acquisitions, in addition to sales growth across most product lines. The outdoor and fitness segment revenue increases were primarily driven by strong aftermarket and OEM sales.sales in wearables. The aviation segment revenue increase was driven by increased sales across most product lines within the segment.

 

Cost of Goods Sold

 

  13-weeks ended September 30, 2017  13-weeks ended September 24, 2016  Year over Year 
  Cost of Goods  % of Revenues  Cost of Goods  % of Revenues  $ Change  % Change 
Outdoor $66,762   36% $52,509   37% $14,253   27%
Fitness  71,012   42%  85,798   45%  (14,786)  -17%
Marine  32,738   42%  30,119   43%  2,619   9%
Auto  105,092   56%  120,999   56%  (15,907)  -13%
Aviation  33,808   27%  26,845   25%  6,963   26%
Total $309,412   42% $316,270   44% $(6,858)  -2%

  13-Weeks ended September 29, 2018 13-Weeks ended September 30, 2017 Year over Year
  Cost of Goods  % of Revenue Cost of Goods % of Revenue $ Change % Change
Outdoor $72,744   35% $66,762   36% $5,982   9%
Fitness  86,744   46%  71,012   42%  15,732   22%
Marine  40,262   41%  32,738   42%  7,524   23%
Auto  94,289   57%  109,401   55%  (15,112)  (14%)
Aviation  35,225   24%  33,808   27%  1,417   4%
Total $329,264   41% $313,721   42% $15,543   5%

 

Third quarter 2017 costCost of goods sold was $6.9 million or 2% lower thanincreased 5% in absolute dollars compared to the prior year quarter. This decreaseThe increase in revenue outpaced the increase in cost of goods sold, dollars, combined with the increase in revenues discussed above,which resulted in a 220110 basis point decrease in cost of goods sold as a percent of revenuesrevenue compared to the year-ago quarter.

 

In the auto segment, the decline in cost of goods sold continued to decline with revenue declines and the slight increase of cost of goods sold as a percent of revenue was largely consistent withprimarily due to product mix and promotional activity during the segment revenue declines.third quarter of 2018. In the marine segment, the increase in cost of goods sold was largely consistent with the segment revenue increases. In the outdoor and fitness segments, the decreasesdecrease in cost of goods sold as a percent of revenue primarily resulted from a shift in product mix towardthe favorable impact of higher margin products.  In theNavionics sales on product mix. The outdoor segment decrease in cost of goods sold as a percent of revenue was primarily due to product mix. The fitness segment increase in cost of goods sold as a percent of revenue was primarily driven by product mix. The aviation segment the increasedecrease in cost of goods as a percentagepercent of revenue resultedwas primarily from slightly increaseddriven by a reduction in warranty costs compared to the year-ago quarter.

 

23

Gross Profit

 

  13-weeks ended September 30, 2017  13-weeks ended September 24, 2016  Year over Year 
  Gross Profit  % of Revenues  Gross Profit  % of Revenues  $ Change  % Change 
Outdoor $118,175   64% $88,497   63% $29,678   34%
Fitness  96,135   58%  103,363   55%  (7,228)  -7%
Marine  44,574   58%  39,891   57%  4,683   12%
Auto  83,961   44%  93,638   44%  (9,677)  -10%
Aviation  90,820   73%  80,591   75%  10,229   13%
Total $433,665   58% $405,980   56% $27,685   7%

   13-Weeks ended September 29, 2018  13-Weeks ended September 30, 2017  Year over Year 
   Gross Profit  % of Revenue  Gross Profit  % of Revenue  $ Change  % Change 
Outdoor  $136,671   65% $118,175   64% $18,496   16%
Fitness   103,441   54%  96,135   58%  7,306   8%
Marine   58,508   59%  44,574   58%  13,934   31%
Auto   70,925   43%  87,819   45%  (16,894)  (19%)
Aviation   111,202   76%  90,820   73%  20,382   22%
Total  $480,747   59% $437,523   58% $43,224   10%

 

Gross profit dollars in the third quarter of 20172018 increased 7%10% while gross margin increased 220110 basis points compared to the third quarter of 2016.year-ago quarter. Gross margin remained relatively flat across all segments, except forin the fitness and auto segments decreased compared to the year-ago quarter, while gross margin in the outdoor, marine, and aviation whichsegments increased and decreased, respectively,compared to the year-ago quarter, as a result of the reasons discussed above.

 

Advertising Expense

 

  13-weeks ended September 30, 2017  13-weeks ended September 24, 2016    
  Advertising     Advertising     Year over Year 
  Expense  % of Revenues  Expense  % of Revenues  $ Change  % Change 
Outdoor $8,092   4% $6,459   5% $1,633   25%
Fitness  14,089   8%  14,616   8%  (527)  -4%
Marine  2,618   3%  2,941   4%  (323)  -11%
Auto  6,340   3%  6,992   3%  (652)  -9%
Aviation  1,310   1%  1,948   2%  (638)  -33%
Total $32,449   4% $32,956   5% $(507)  -2%

   13-Weeks ended September 29, 2018  13-Weeks ended September 30, 2017    
   Advertising     Advertising     Year over Year 
   Expense  % of Revenue  Expense  % of Revenue  $ Change  % Change 
Outdoor  $9,455   5% $8,092   4% $1,363   17%
Fitness   12,296   6%  14,089   8%  (1,793)  (13%)
Marine   3,594   4%  2,618   3%  976   37%
Auto   4,180   3%  6,340   3%  (2,160)  (34%)
Aviation   1,615   1%  1,310   1%  305   23%
Total  $31,140   4% $32,449   4% $(1,309)  (4%)

 

Advertising expense decreased 2%4% in absolute dollars and was relatively flat as a percent of revenuesrevenue compared to the year-ago quarter. The overalltotal absolute dollar decrease in absolute dollars was driven primarily by decreases cooperativedecreased media advertising in the auto and fitness segments, partially offset by an increaseincreased media advertising in the outdoor media.and marine segments.

 

Selling, General and Administrative Expense

  13-weeks ended September 30, 2017  13-weeks ended September 24, 2016    
  Selling, General &     Selling, General &     Year over Year 
  Admin. Expenses  % of Revenues  Admin. Expenses  % of Revenues  $ Change  % Change 
Outdoor $27,574   15% $20,074   14% $7,500   37%
Fitness  27,858   17%  27,294   14%  564   2%
Marine  8,681   11%  13,041   19%  (4,360)  -33%
Auto  30,231   16%  30,875   14%  (644)  -2%
Aviation  7,450   6%  5,675   5%  1,775   31%
Total $101,794   14% $96,959   13% $4,835   5%

   13-Weeks ended September 29, 2018  13-Weeks ended September 30, 2017    
   Selling, General &     Selling, General &      Year over Year 
   Admin. Expenses  % of Revenue  Admin. Expenses  % of Revenue  $ Change  % Change 
Outdoor  $31,240   15% $27,574   15% $3,666   13%
Fitness   31,370   16%  27,858   17%  3,512   13%
Marine   21,704   22%  8,681   11%  13,023   150%
Auto   21,418   13%  30,231   15%  (8,813)  (29%)
Aviation   8,937   6%  7,450   6%  1,487   20%
Total  $114,669   14% $101,794   14% $12,875   13%

 

Selling, general and administrative expense increased 5%13% in absolute dollars and was relatively flat as a percent of revenuesrevenue compared to the year-ago quarter. The outdoorabsolute dollar increase in the third quarter of 2018 was primarily attributable to personnel costs and aviation segment increases were relatively flatexpenses from recent acquisitions. The increase in absolute dollars and as a percent of revenues. The increase as a percent of revenuesrevenue in the fitnessmarine segment was primarily attributable to information technologyexpenses associated with recent acquisitions and selling-related costs.the reduced legal related costs in the year-ago quarter. The auto segment increasedecrease in absolute dollars and as a percent of revenues, andrevenue in the marineauto segment decrease aswas primarily attributable to a percent of revenues are primarily due tocurrent quarter reduction in legal related costs.costs compared to the year-ago quarter.

 

24

Research and Development Expense

  13-weeks ended September 30, 2017  13-weeks ended September 24, 2016    
  Research &     Research &     Year over Year 
  Development  % of Revenues  Development  % of Revenues  $ Change  % Change 
Outdoor $14,699   8% $12,693   9% $2,006   16%
Fitness  20,696   12%  16,679   9%  4,017   24%
Marine  14,855   19%  13,577   19%  1,278   9%
Auto  31,419   17%  30,976   14%  443   1%
Aviation  47,963   38%  42,524   40%  5,439   13%
Total $129,632   17% $116,449   16% $13,183   11%

   13-Weeks ended September 29, 2018  13-Weeks ended September 30, 2017    
   Research &     Research &     Year over Year 
   Development  % of Revenue  Development  % of Revenue  $ Change  % Change 
Outdoor  $17,004   8% $14,699   8% $2,305   16%
Fitness   22,397   12%  20,696   12%  1,701   8%
Marine   19,302   20%  14,855   19%  4,447   30%
Auto   30,295   18%  31,419   16%  (1,124)  (4%)
Aviation   49,981   34%  47,963   38%  2,018   4%
Total  $138,979   17% $129,632   17% $9,347   7%

Research and development expense increased 11%$9.3 million in absolute dollars and was relatively flat as a percent of revenue compared to the year-ago quarter. This increase in absolute dollars was primarily due to higher engineering personnel costs related to our wearable and aviation product offerings and aviation. In absolute dollars, research and development costs increased $13.2 million when compared withexpenses resulting from recent acquisitions within the year-ago quarter and increased 130 basis points as a percent of revenue.marine segment. Our research and development spending is focused on product development, improving existing software capabilities, and exploring new categories.

 

Operating Income

  13-weeks ended September 30, 2017  13-weeks ended September 24, 2016  Year over Year 
  Operating Income  % of Revenues  Operating Income  % of Revenues  $ Change  % Change 
Outdoor $67,810   37% $49,271   35% $18,539   38%
Fitness  33,492   20%  44,774   24%  (11,282)  -25%
Marine  18,420   24%  10,332   15%  8,088   78%
Auto  15,971   8%  24,795   12%  (8,824)  -36%
Aviation  34,097   27%  30,444   28%  3,653   12%
Total $169,790   23% $159,616   22% $10,174   6%

   13-Weeks ended September 29, 2018  13-Weeks ended September 30, 2017    
   Operating     Operating     Year over Year 
   Income  % of Revenue  Income  % of Revenue  $ Change  % Change 
Outdoor  $78,972   38% $67,810   37% $11,162   16%
Fitness   37,378   20%  33,492   20%  3,886   12%
Marine   13,908   14%  18,420   24%  (4,512)  (24%)
Auto   15,032   9%  19,829   10%  (4,797)  (24%)
Aviation   50,669   35%  34,097   27%  16,572   49%
Total  $195,959   24% $173,648   23% $22,311   13%

 

Operating income increased 6%13% in absolute dollars and increased 70110 basis points as a percent of revenue when compared to the third quarter of 2016.year-ago quarter. The growth in operating income on anin absolute dollardollars and percent of revenue basis resulted from revenue growth and an increase in gross margin percent, partially offset by increased operating expenses as a percent of revenue was primarily attributable to revenue growth and increased gross margins, as discussed above.

Other Income (Expense)

 

  13-weeks ended  13-weeks ended 
  September 30, 2017  September 24, 2016 
Interest income $9,207  $8,226 
Foreign currency gains (losses)  8,579   (19,421)
Other  (1,520)  1,344 
Total $16,266  $(9,851)

  13-Weeks ended   13-Weeks ended 
  September 29, 2018   September 30, 2017 
Interest income $11,089   $9,207 
Foreign currency (losses) gains  (6,868)   8,579 
Other  1,147    (1,520)
Total $5,368   $16,266 

 

The average return on cash and investments, including interest and capital gains/losses, during the third quarter of 20172018 was 1.6%1.8% compared to 1.5%1.6% during the same quarter of 2016.2017.  Interest income increased primarily due to slightly higher yields on fixed-income securities.

 

Foreign currency gains and losses for the Company are typically driven by movements in the Taiwan Dollar, Euro, and British Pound Sterling in relation to the U.S. Dollar. The Taiwan Dollar is the functional currency of Garmin Corporation, the U.S. Dollar is the functional currency of Garmin (Europe) Ltd., and the Euro is the functional currency of most of our other European subsidiaries, although some transactions and balances are denominated in British Pounds. The majority of the Company’s consolidated foreign currency gain or loss is typically driven by the significant cash and marketable securities, receivables and payables held in a currency other than the functional currency at a given legal entity. Due to the relative size of the entities using a functional currency other than the Taiwan Dollar, Euro, and British Pound Sterling, currency fluctuations related to these entities are not expected to have a material impact on the Company’s financial statements.

 

25

The $6.9 million currency loss recognized in the third quarter of 2018 was primarily due to the strengthening of the U.S. Dollar against the Euro and British Pound Sterling within the 13-weeks ended September 29, 2018. During this period, the U.S. Dollar strengthened 0.7% against the Euro and 1.3% against the British Pound Sterling, resulting in losses of $2.7 million and $0.6 million, respectively, while the U.S. Dollar remained relatively flat against the Taiwan Dollar. The remaining net currency loss of $3.6 million was related to other currencies and timing of transactions.

 

The $8.6 million currency gain recognized in the third quarter of 2017 was primarily due to the weakening of the U.S. Dollar against the Euro and the British Pound Sterling, partially offset by the U.S. Dollar weakening against the Taiwan Dollar within the 13-weeks ended September 30, 2017. During this period, the U.S. Dollar weakened 3.4% against the Euro and 2.8% against the British Pound Sterling, resulting in gains of $8.0 million and $0.7 million, respectively, while the U.S. Dollar weakened 0.3% against the Taiwan Dollar, resulting in a loss of $1.6 million. The remaining net currency gain of $1.5 million was related to other currencies and timing of transactions.

 

The $19.4 million currency loss recognized in the third quarter of 2016 was primarily due to the weakening of the U.S. Dollar against the Taiwan Dollar within the 13-weeks ended September 24, 2016. During this period, the U.S. Dollar weakened 3.5% against the Taiwan Dollar, resulting in a loss of $20.9 million, while the U.S. Dollar weakened 1.0% against the Euro, resulting in a gain of $2.6 million. The remaining net currency loss of $1.1 million was related to other currencies and timing of transactions.

Income Tax (Benefit) Provision

 

The Company recorded income tax expense of $38.6$17.1 million in the 13-week period ended September 29, 2018, compared to income tax expense of $38.8 million in the 13-week period ended September 30, 2017, compared to income tax expense of $24.7 million in the 13-week period ended September 24, 2016.2017. The effective tax rate was 20.8%8.5% in the third quarter of 2017,2018, compared to 16.5%20.5% in the third quarter of 2016.2017. The 4301,200 basis points increasedecrease to the third quarter of 20172018 effective tax rate compared to the prior year quarter is primarily due to the Company’s election in February 2017 to align certain Switzerlandreduction of the U.S. corporate tax positions with evolving internationalrate and increased benefit from U.S. research and development tax initiatives, and shifts in projected income mix by jurisdiction, partially offset by the release of reserves related to uncertain tax positions due to the expiration of certain statutes of limitations during the third quarter of 2017.credits.

 

Net Income

 

As a result of the above, net income for the 13-weeks ended September 30, 201729, 2018 was $147.4$184.2 million compared to $125.1$151.1 million for the 13-week period ended September 24, 2016,30, 2017, an increase of $22.4$33.1 million.

 

Comparison of 39-Weeks Ended September 30, 201729, 2018 and 39-Weeks Ended September 24, 201630, 2017

 

Net Sales

  39-weeks ended September 30, 2017  39-weeks ended September 24, 2016  Year over Year 
  Net Sales  % of Revenues  Net Sales  % of Revenues  $ Change  % Change 
Outdoor $495,589   23% $370,929   17% $124,660   34%
Fitness  485,999   22%  544,434   26%  (58,435)  -11%
Marine  290,302   13%  264,489   12%  25,813   10%
Auto  555,059   25%  655,963   30%  (100,904)  -15%
Aviation  371,559   17%  322,083   15%  49,476   15%
Total $2,198,508   100% $2,157,898   100% $40,610   2%

   39-Weeks ended September 29, 2018  39-Weeks ended September 30, 2017  Year over Year 
   Net Sales  % of Revenue  Net Sales  % of Revenue  $ Change  % Change 
Outdoor  $555,314   23% $495,589   22% $59,725   12%
Fitness   581,315   24%  485,999   22%  95,316   20%
Marine   346,908   14%  290,302   13%  56,606   19%
Auto   486,653   20%  580,792   26%  (94,139)  (16%)
Aviation   445,146   19%  371,559   17%  73,587   20%
Total  $2,415,336   100% $2,224,241   100% $191,095   9%

 

Net sales increased 2%9% for the 39-week period ended September 30, 201729, 2018 when compared to the year-ago period. AllThe outdoor, aviation, marine, and fitness segments had an increase in revenue except for auto and fitness. Autocollectively increased by 17%, contributing 80% of total revenue. Fitness was the largest portion of our revenue mix at 25%24% in the first three quarters of 2018 compared to 22% in the first three quarters of 2017. Auto revenue represented the largest portion of our revenue mix in the first three quarters of 2017 comparedat 26% and declined to 30%20% in the same periodfirst three quarters of 2016.2018.

 

Total unit sales in the first three quarters of 2018 decreased to 10,266 when compared to the total unit sales of 10,495 in the first three quarters of 2017 from 11,3742017. The decrease in units sold despite the same period of 2016.increase in revenue was primarily attributable to segment mix.

 

Auto segment revenue decreased 15%16% from the year-ago period, primarily due to the ongoing PND market contraction. Revenues in theOutdoor, fitness, marine, and aviation segment decreased 11%revenue increased 12%, 20%, 19%, and 20%, respectively, from the year-ago periodperiod. The marine segment revenue increase was primarily driven by the general decline of the basic activity tracker market and the timing of product introductions. Outdoor, marine, andsales from recent acquisitions. The aviation revenues increased 34%, 10%, and 15%, respectively, when compared to the year-ago period. Growth in outdoorsegment revenue increase was primarily driven by the significantstrong growth across all product lines. The outdoor and fitness segment revenue increases were primarily driven by growth in the wearable category. Our marine segment growth was distributed broadly across most product categories. Aviation revenues increased primarily due to growth in aftermarket sales.wearables.

 

26

Cost of Goods Sold

  39-weeks ended September 30, 2017  39-weeks ended September 24, 2016  Year over Year 
  Cost of Goods  % of Revenues  Cost of Goods  % of Revenues  $ Change  % Change 
Outdoor $176,132   36% $138,277   37% $37,855   27%
Fitness  209,985   43%  248,971   46%  (38,986)  -16%
Marine  123,612   43%  115,935   44%  7,677   7%
Auto  308,128   56%  363,193   55%  (55,065)  -15%
Aviation  97,005   26%  82,734   26%  14,271   17%
Total $914,862   42% $949,110   44% $(34,248)  -4%

   39-Weeks ended September 29, 2018  39-Weeks ended September 30, 2017  Year over Year 
   Cost of Goods  % of Revenue  Cost of Goods  % of Revenue  $ Change  % Change 
Outdoor  $196,485   35% $176,132   36% $20,353   12%
Fitness   254,842   44%  209,985   43%  44,857   21%
Marine   142,932   41%  123,612   43%  19,320   16%
Auto   279,264   57%  323,048   56%  (43,784)  (14%)
Aviation   111,260   25%  97,005   26%  14,255   15%
Total  $984,783   41% $929,782   42% $55,001   6%

 

Cost of goods sold decreased 4%increased 6% in absolute dollars for the 39-weeks39-week period ended September 30, 201729, 2018 when compared to the year-ago period. This decreaseThe increase in revenue outpaced the increase in cost of goods sold, dollars, combined with the increase in revenues discussed above,which resulted in a 240100 basis point decrease in cost of goods sold as a percent of revenuesrevenue compared to the year-ago quarter.period.

 

In the auto segment, the cost of goods sold continued to decline with revenue declines, and the slight increase of cost of goods sold as a percent of revenue was largely consistent withprimarily due to the segment revenue decline.write-down of certain product inventories in the first three quarters of 2018. In the outdoor and fitness segments,marine segment, the decreasesdecrease in cost of goods sold as a percent of revenuesrevenue primarily resulted from a shift in product mix towardthe favorable impact of higher margin products.Navionics sales on product mix. The marine and aviationfitness segment increasesincrease in cost of goods sold were largely consistent withas a percent of revenue was primarily driven by product mix. In the outdoor segment, cost of goods sold as a percent of revenue increases.was relatively flat compared to the year-ago period. In the aviation segment, the decrease in cost of goods sold as a percent of revenue was primarily driven by a reduction in warranty costs compared to the year-ago period.

 

Gross Profit

 

  39-weeks ended September 30, 2017  39-weeks ended September 24, 2016  Year over Year 
  Gross Profit  % of Revenues  Gross Profit  % of Revenues  $ Change  % Change 
Outdoor $319,457   64% $232,652   63% $86,805   37%
Fitness  276,014   57%  295,463   54%  (19,449)  -7%
Marine  166,690   57%  148,554   56%  18,136   12%
Auto  246,931   44%  292,770   45%  (45,839)  -16%
Aviation  274,554   74%  239,349   74%  35,205   15%
Total $1,283,646   58% $1,208,788   56% $74,858   6%

   39-Weeks ended September 29, 2018  39-Weeks ended September 30, 2017  Year over Year 
   Gross Profit  % of Revenue  Gross Profit  % of Revenue  $ Change  % Change 
Outdoor  $358,829   65% $319,457   64% $39,372   12%
Fitness   326,473   56%  276,014   57%  50,459   18%
Marine   203,976   59%  166,690   57%  37,286   22%
Auto   207,389   43%  257,744   44%  (50,355)  (20%)
Aviation   333,886   75%  274,554   74%  59,332   22%
Total  $1,430,553   59% $1,294,459   58% $136,094   11%

 

Gross profit dollars in the 39-weeks39-week period ended September 30, 201729, 2018 increased 6%11% while gross profit margin increased 240100 basis points when compared to the year-ago period. GrowthGross margin declined in salesthe auto and fitness segments, while gross margins increased in the aviation and marine segments, as a result of higherthe reasons discussed above. Gross margin segments contributed toremained relatively flat within the increase in gross profit dollars and gross margin percentage. Fitness gross margin increased to 57%, primarily due to product mix. All other segment gross margin rates are relatively consistent between fiscal periods.outdoor segment.

Advertising ExpensesExpense

 

  39-weeks ended September 30, 2017  39-weeks ended September 24, 2016    
  Advertising     Advertising     Year over Year 
  Expense  % of Revenues  Expense  % of Revenues  $ Change  % Change 
Outdoor $26,671   5% $18,319   5% $8,352   46%
Fitness  45,235   9%  51,844   10%  (6,609)  -13%
Marine  12,620   4%  12,267   5%  353   3%
Auto  17,236   3%  21,790   3%  (4,554)  -21%
Aviation  4,221   1%  5,221   2%  (1,000)  -19%
Total $105,983   5% $109,441   5% $(3,458)  -3%

   39-Weeks ended September 29, 2018  39-Weeks ended September 30, 2017    
   Advertising     Advertising     Year over Year 
   Expense  % of Revenue  Expense  % of Revenue  $ Change  % Change 
Outdoor  $25,955   5% $26,671   5% $(716)  (3%)
Fitness   40,515   7%  45,235   9%  (4,720)  (10%)
Marine   14,022   4%  12,620   4%  1,402   11%
Auto   14,100   3%  17,236   3%  (3,136)  (18%)
Aviation   5,408   1%  4,221   1%  1,187   28%
Total  $100,000   4% $105,983   5% $(5,983)  (6%)

 

Advertising expense decreased 3%6% in absolute dollars and was relatively flat as a percent of revenueswhen compared to the year-ago period. The overall decrease in absolute dollars was driven primarily by decreased media advertising spend in the outdoor, fitness, and auto driven primarily by decreases in cooperative advertising and media spending. This wassegments, partially offset by an increase in outdoor media.increased cooperative advertising within the aviation segment and expenses resulting from prior year acquisitions within the marine segment.

27

 


Selling, General and Administrative ExpensesExpense

 

  39-weeks ended September 30, 2017  39-weeks ended September 24, 2016    
  Selling, General &     Selling, General &     Year over Year 
  Admin. Expenses  % of Revenues  Admin. Expenses  % of Revenues  $ Change  % Change 
Outdoor $74,182   15% $54,321   15% $19,861   37%
Fitness  81,537   17%  82,104   15%  (567)  -1%
Marine  48,798   17%  46,579   18%  2,219   5%
Auto  83,620   15%  94,665   14%  (11,045)  -12%
Aviation  20,958   6%  18,577   6%  2,381   13%
Total $309,095   14% $296,246   14% $12,849   4%

   39-Weeks ended September 29, 2018  39-Weeks ended September 30, 2017    
   Selling, General &      Selling, General &       Year over Year 
   Admin. Expenses   % of Revenue  Admin. Expenses   % of Revenue   $ Change   % Change 
Outdoor  $85,887   15% $74,182   15% $11,705   16%
Fitness   95,462   16%  81,537   17%  13,925   17%
Marine   75,841   22%  48,798   17%  27,043   55%
Auto   68,465   14%  83,620   14%  (15,155)  (18%)
Aviation   26,579   6%  20,958   6%  5,621   27%
Total  $352,234   15% $309,095   14% $43,139   14%

 

Selling, general and administrative expense increased 4%14% in absolute dollars and was relatively flatincreased 70 basis points as a percent of revenuesrevenue when compared to the year-ago period. The absolute dollar increase was primarily attributable to legal costsexpenses from recent acquisitions within the marine segment and information technologypersonnel costs. Fitness increasedAll other segments were relatively flat as a percent of revenues primarily due to increased information technology and selling-related costs. Variances by segment are primarily due to the allocation of certain selling, general and administrative expenses based on percent of total revenues.revenue.

 

Research and Development Expense

 

  39-weeks ended September 30, 2017  39-weeks ended September 24, 2016    
  Research &     Research &     Year over Year 
  Development  % of Revenues  Development  % of Revenues  $ Change  % Change 
Outdoor $42,060   8% $34,291   9% $7,769   23%
Fitness  59,790   12%  47,093   9%  12,697   27%
Marine  44,412   15%  40,536   15%  3,876   10%
Auto  95,509   17%  93,331   14%  2,178   2%
Aviation  137,312   37%  123,757   38%  13,555   11%
Total $379,083   17% $339,008   16% $40,075   12%

   39-Weeks ended September 29, 2018  39-Weeks ended September 30, 2017    
   Research &     Research &     Year over Year 
   Development  % of Revenue  Development  % of Revenue  $ Change  % Change 
Outdoor  $52,276   9% $42,060   8% $10,216   24%
Fitness   67,197   12%  59,790   12%  7,407   12%
Marine   59,307   17%  44,412   15%  14,895   34%
Auto   93,711   19%  95,509   16%  (1,798)  (2%)
Aviation   150,158   34%  137,312   37%  12,846   9%
Total  $422,649   17% $379,083   17% $43,566   11%

 

ResearchIn absolute dollars, research and development expense increased 12%$43.6 million when compared with the year-ago period and was relatively flat as a percent of revenue. The absolute dollar increase in research and development expenses when compared with the year-ago period was primarily due to engineering personnel costs related to our wearable and aviation product offerings and aviation. In absolute dollars, research and development costs increased $40.1 million when compared withexpenses resulting from prior year acquisitions within the year-ago period, and increased 150 basis points as a percent of revenue.marine segment. Our research and development spending is focused on product development, improving existing software capabilities, and exploring new categories.

Operating Income

 

  39-weeks ended September 30, 2017  39-weeks ended September 24, 2016  Year over Year 
  Operating Income  % of Revenues  Operating Income  % of Revenues  $ Change  % Change 
Outdoor $176,544   36% $125,721   34% $50,823   40%
Fitness  89,452   18%  114,422   21%  (24,970)  -22%
Marine  60,860   21%  49,172   19%  11,688   24%
Auto  50,566   9%  82,984   13%  (32,418)  -39%
Aviation  112,063   30%  91,794   29%  20,269   22%
Total $489,485   22% $464,093   22% $25,392   5%

   39-Weeks ended September 29, 2018  39-Weeks ended September 30, 2017    
   Operating     Operating     Year over Year 
   Income  % of Revenue  Income  % of Revenue  $ Change  % Change 
Outdoor  $194,711   35% $176,544   36% $18,167   10%
Fitness   123,299   21%  89,452   18%  33,847   38%
Marine   54,806   16%  60,860   21%  (6,054)  (10%)
Auto   31,113   6%  61,379   11%  (30,266)  (49%)
Aviation   151,741   34%  112,063   30%  39,678   35%
Total  $555,670   23% $500,298   22% $55,372   11%

Operating income increased 5%11% in absolute dollars and increased 8050 basis points as a percent of revenue when compared to the year-ago period. The growth in operating income on an absolute dollar basis and as a percent of revenue basis resulted fromwas the result of strong revenue growth and an increase inincreased gross margin percent,margins, partially offset by slightly increased operating expenses as a percent of revenue, as discussed above.

28

Other Income (Expense)

 

  39-weeks ended  39-weeks ended 
  September 30, 2017  September 24, 2016 
Interest income $26,931  $24,109 
Foreign currency gains (losses)  (13,808)  (30,003)
Other  (805)  2,914 
Total $12,318  $(2,980)

  39-Weeks ended  39-Weeks ended 
  September 29, 2018  September 30, 2017 
Interest income $32,310  $26,931 
Foreign currency gains (losses)  (3,405)  (13,808)
Other  6,800   (805)
Total $35,705  $12,318 

 

The average returnsreturn on cash and investments, including interest and capital gains/losses, during the 39-weeks39-week period ended September 29, 2018 was 1.8% compared to 1.5% during the same 39-week period ended September 30, 2017 and the 39-weeks ended September 24, 2016 were 1.5% and 1.4%, respectively.2017. Interest income increased primarily due to slightly higher yields on fixed-income securities.

The $3.4 million currency loss recognized in the first three quarters of 2018 was primarily due to the strengthening of the U.S. Dollar against most other currencies, partially offset by the U.S. Dollar strengthening against the Taiwan Dollar within the 39-weeks ended September 29, 2018. During this period, the U.S. Dollar strengthened 2.7% against the Taiwan Dollar, resulting in a gain of $13.6 million. This was more than offset by the U.S. Dollar strengthening 3.2% against the Euro and 3.6% against the British Pound Sterling, resulting in losses of $7.7 million and $0.6 million, respectively, and additional net currency losses of $8.7 million related to other currencies and timing of transactions.

 

The $13.8 million currency loss recognized in the first three quarters of 2017 was primarily due to the weakening of the U.S. Dollar against the Taiwan Dollar, partially offset by the U.S. Dollar weakening against the Euro and the British Pound Sterling within the 39-weeks ended September 30, 2017. During this period, the U.S. Dollar weakened 7.1% against the Taiwan Dollar, resulting in a loss of $43.1 million, while the U.S. Dollar weakened 12.3% against the Euro and 8.6% against the British Pound Sterling, resulting in gains of $22.2 million and $4.2 million, respectively. The remaining net currency gain of $2.9 million was related to other currencies and timing of transactions.

 

Income Tax Provision

The $30.0Company recorded income tax expense of $87.4 million currency loss recognized in the first three quarters of 2016 was primarily due2018, compared to the weakening of the U.S. Dollar against the Taiwan Dollar within the 39-weeks ended September 24, 2016. During this period, the U.S. Dollar weakened 5.0% against the Taiwan Dollar, resulting in a loss of $32.1 million, while the U.S. Dollar weakened 2.3% against the Euro, resulting in a gain of $3.3 million. The remaining net currency loss of $1.2 million was related to other currencies and timing of transactions.

Income Tax Provision

The Company recorded an income tax benefit of $54.4$53.8 million in the first three quarters of 2017, compared to income tax expense of $86.9 million in the first three quarters of 2016. The effective tax rate was (10.8%) for the first three quarters of 2017, compared to 18.8% for the first three quarters of 2016. In the first three quarters of 2017, a $168.8 million income tax benefit was recognized due to revaluation of deferred tax assets. The Company also recognizedwhich included income tax expense of $7.3 million associated with the expiration of share-based awards and an income tax benefit of $168.8 million primarily related to the revaluation of certain Switzerland deferred tax assets resulting from the Company’s election in the first quarter of 2017 to align certain Switzerland corporate tax positions with international tax initiatives. The effective tax rate was 14.8% in the first three quarters of 2018, compared to (10.5%) in the first three quarters of 2017. PriorExcluding the income tax benefit of $168.8 million primarily related to the adoptionrevaluation of ASU 2016-09 in fiscal 2017,Switzerland deferred tax assets, and the $7.3 million tax effectexpense due to the expiration of such expirations would have been recorded to additional paid-in capital, rather than as a discrete tax item. Excluding the effect of these discrete tax items,share-based awards, the effective tax rate for the first three quarters of 2017 increased 2502018 decreased 620 basis points compared to the effective tax rate in the first three quarters of 2016. This remaining 250 basis point increase in effective tax rate was2017 primarily due to the Company’s election in February 2017 to align certain Switzerlandreduction of the U.S. corporate tax positions with evolving internationalrate and increased benefit from U.S. research and development tax initiatives.credits.

Net Income

 

As a result of the various factors noted above, net income increased 49%for the 39-week period ended September 29, 2018 was $503.9 million compared to $556.2$566.5 million for the 39-weeks39-week period ended September 30, 2017, compared to $374.2 million for the 39-weeks ended September 24, 2016.a decrease of $62.5 million.

29

 

Liquidity and Capital Resources

 

Operating ActivitiesAs of September 29, 2018, we had $2.5 billion of cash and cash equivalents and marketable securities. We primarily use cash flow from operations, and expect that future cash requirements may be used, to fund our capital expenditures, support our working capital requirements, pay dividends, fund strategic acquisitions, and fund share repurchases. We believe that our existing cash balances and cash flow from operations will be sufficient to meet our long-term projected capital expenditures, working capital and other cash requirements.

 

  39-Weeks Ended 
  September 30,  September 24, 
(In thousands) 2017  2016 
Net cash provided by operating activities $462,577  $492,366 

The $29.8 million decrease in cash provided by operating activities in the first three quarters of 2017 compared to the first three quarters of 2016 was primarily due to the following:

·the impact of deferred income taxes providing $137.0 million less cash, primarily related to the revaluation of certain Switzerland deferred tax assets as discussed in the Results of Operations section above, partially offset by the utilization of certain deferred tax assets
·inventories and related provisions for obsolete and slow moving inventories providing $50.1 million less cash primarily due to higher raw materials and work-in-process balances in anticipation of longer lead times for certain raw material components, new product introductions, and continued strong demand for certain key product categories
·other current and noncurrent liabilities providing $39.3 million less cash primarily due to timing of payments for salaries and benefits payable, accrued sales program costs, and accrued advertising expenses
·the impact of income taxes payable providing $15.4 million less cash due to the timing of disbursements and
·other current and noncurrent assets providing $13.0 million less cash primarily related to the timing of prepayments for indirect taxes and equipment

Partially offset by:

·net income increasing $182.0 million as discussed in the Results of Operations section above
·deferred revenue providing a $19.4 million larger working capital benefit
·accounts payable providing $16.2 million more cash primarily due to the timing of disbursements and
·accounts receivable providing $8.6 million more cash primarily due to the timing of collections

Investing Activities

  39-Weeks Ended 
  September 30,  September 24, 
(In thousands) 2017  2016 
Net cash used in investing activities $(89,086) $(75,934)

The $13.2 million increase in cash used in investing activities in the first three quarters of 2017 compared to the first three quarters of 2016 was primarily due to the following:

·increased purchases of property and equipment of $43.1 million and
·decreased net redemptions of marketable securities of $15.7 million

Partially offset by:

·decreased cash payments for acquisitions of $49.7 million


It is management’s goal to invest the on-hand cash in accordance with the investment policy, which has been approved by the Board of Directors of each applicable Garmin entity holding the cash. The investment policy’s primary purpose is to preserve capital, maintain an acceptable degree of liquidity, and maximize yield within the constraint of low credit risk. Garmin’s average interest rate returns on cash and investments during the first three quarters of 20172018 and 20162017 were approximately 1.5%1.8% and 1.4%1.5%, respectively.

30

The Company’s investment policy targets low risk investments with the objective of minimizing the potential risk of principal loss. The fair value of our securities varies from period to period due to changes in interest rates, in the performance of the underlying collateral and in the credit performance of the underlying issuer, among other factors. See FootnoteNote 8 for additional information regarding marketable securities.

FinancingOperating Activities

 

  39-Weeks Ended 
  September 30,  September 24, 
(In thousands) 2017  2016 
Net cash used in financing activities $(355,112) $(344,161)

  39-Weeks Ended 
  September 29,  September 30, 
(In thousands) 2018  2017 
Net cash provided by operating activities $701,782  $462,577 

 

The $11.0$239.2 million increase in cash used in financingprovided by operating activities in the first three quarters of 20172018 compared to the first three quarters of 20162017 was primarily due to the following:

·increased purchases of treasury stock of $9.3 million under our share repurchase authorization and
·increased purchases of treasury stock of $3.4 million related to equity awards

Our declared dividend has increased from $0.45 per shareincrease in cash provided by working capital of $107.1 million (which included an increase of $27.7 million in net receipts of accounts receivable, a decrease of $18.7 million in cash paid for inventory, and an increase of $57.1 million in accounts payable) and income taxes payable of $27.8 million. Additionally, the eight calendar quarters beginningyear over year decrease in June 2012net income of $62.5 million was offset by other non-cash adjustments to $0.48 per share fornet income of $166.9 million, including an income tax benefit of $168.8 million recognized in the four calendar quarters beginning in June 2014first quarter of 2017 related to $0.51 per share for the twelve quarters beginning in June 2015.revaluation of certain Switzerland deferred tax assets.

 

WeInvesting Activities

  39-Weeks Ended 
  September 29,  September 30, 
(In thousands) 2018  2017 
Net cash used in investing activities $(238,815) $(89,086)

The $149.7 million increase in cash used in investing activities in the first three quarters of 2018 compared to the first three quarters of 2017 was primarily usedue to increased net purchases of marketable securities of $102.4 million and higher cash flow from operations to fund our capital expenditures to support our working capital requirements, to pay dividends,for purchases of property and to fund share repurchases. We expect that future cash requirements will principally be for capital expenditures, working capital, paymentequipment of dividends declared, share repurchases and the funding of strategic acquisitions. We believe that our existing cash balances and cash flow from operations will be sufficient to meet our long-term projected capital expenditures, working capital and other cash requirements.$36.6 million.

Financing Activities

  39-Weeks Ended 
  September 29,  September 30, 
(In thousands) 2018  2017 
Net cash used in financing activities $(288,534) $(355,112)

The $66.6 million decrease in cash used in financing activities during the first three quarters of 2018 compared to the first three quarters of 2017 was primarily due to prior year treasury stock purchases of $74.5 million under our share repurchase authorization, which expired on December 31, 2017.


Off-Balance Sheet Arrangements

 

We do not have any off-balance sheet arrangements.

Critical Accounting Policies and Estimates

 

General

Garmin’s discussion and analysis of its financial condition and results of operations are based upon Garmin’s consolidated financial statements, which have been prepared in accordance with accounting principles generally accepted in the United States. The presentation of these financial statements requires Garmin to make estimates and judgments that affect the reported amounts of assets, liabilities, revenuesrevenue and expenses, and related disclosure of contingent assets and liabilities. On an on-going basis, Garmin evaluates its estimates, including those related to customer sales programs and incentives, product returns, bad debts, inventories, investments, intangible assets, income taxes, warranty obligations, contingencies, customer sales programs and contingenciesincentives, product returns, relative standalone selling prices, and litigation.progress toward completion of performance obligations in certain contracts with customers. Garmin bases its estimates on historical experience and on various other assumptions that are believed to be reasonable under the circumstances, the results of which form the basis for making judgments about the carrying value of assets and liabilities that are not readily apparent from other sources. Actual results may differ from these estimates under different assumptions or conditions.

 

For a description of the significant accounting policies and methods used in the preparation of the Company’s condensed consolidated financial statements, refer to Note 2, “Summary of Significant Accounting Policies” in the Notes to the Consolidated Financial Statements in Part II, Item 8 and “Critical Accounting Policies and Estimates” in Part II, Item 7 of the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2016.30, 2017. There were no material changes to the Company’s critical accounting policies and estimates other than the following accounting policy which became a critical accounting policy, duringin the 13-week and 39-week periods ended September 30, 2017.

31

Legal and Other Contingencies

In the normal course of business, the Company and its subsidiaries are parties to various legal claims, investigations and complaints, including matters alleging patent infringement and29, 2018, other intellectual property claims. We evaluate, on a quarterly and annual basis, developmentsthan those discussed in legal proceedings, investigations, claims, and other loss contingencies that could affect any required accrual or disclosure or estimate of reasonably possible loss or range of loss. An estimated loss from a loss contingency is accrued by a charge to income if it is probable that an asset has been impaired or a liability has been incurred and the amount of the loss can be reasonably estimated. If a range of loss is estimated, and some amount within that range appears to be a better estimate than any other amount within that range, then that amount is accrued. If no amount within the range can be identified as a better estimate than any other amount, the Company accrues the minimum amount in the range.Note 1, “Accounting Policies”.

If an outcome unfavorable to the Company is determined to be probable, but the amount of loss cannot be reasonably estimated or is determined to be reasonably possible, but not probable, we disclose the nature of the contingency and an estimate of the possible loss or range of loss or a statement that such an estimate cannot be made. The Company’s aggregate range of reasonably possible losses includes (1) matters where a liability has been accrued and there is a reasonably possible loss in excess of the amount accrued for that liability, and (2) matters where a loss is believed to be reasonably possible, but not probable, and a liability therefore has not been accrued. This aggregate range only represents the Company’s estimate of reasonably possible losses and does not represent the Company’s maximum loss exposure. In assessing the probability of an outcome in a lawsuit, claim or assessment that could be unfavorable to the Company, we consider the following factors, among others: a) the nature of the litigation, claim, or assessment; b) the progress of the case; c) the opinions or views of legal counsel and other advisers; d) our experience in similar cases; e) the experience of other entities in similar cases; and f) how we intend to respond to the lawsuit, claim, or assessment. Costs incurred in defending lawsuits, claims or assessments are expensed as incurred.

 

Item 3. Quantitative and Qualitative Disclosures About Market Risk

 

There are numerous market risks that can affect our future business, financial condition and results of operations. In addition to the other information set forth in this report, you should carefully consider the factors discussed in Part II, “Item 7A. Quantitative and Qualitative Disclosures About Market Risk” in our Annual Report on Form 10-K for the fiscal year ended December 31, 2016.30, 2017. There have been no material changes during the 13-week and 39-week periods ended September 30, 201729, 2018 in the risks described in our Annual Report on Form 10-K related to market sensitivity, inflation, foreign currency exchange rate risk and interest rate risk.

 

Item 4. Controls and Procedures

 

(a)Evaluation of disclosure controls and procedures.The Company maintains a system of disclosure controls and procedures that are designed to provide reasonable assurance that information, which is required to be timely disclosed, is accumulated and communicated to management in a timely fashion.  A control system, no matter how well conceived and operated, can provide only reasonable, not absolute, assurance that the objectives of the control system are met. As of September 30, 2017,29, 2018, the Company carried out an evaluation, under the supervision and with the participation of the Company’s management, including the Company’s Chief Executive Officer and Chief Financial Officer, of the effectiveness of the Company’s disclosure controls and procedures.  Based upon that evaluation, the Chief Executive Officer and Chief Financial Officer concluded as of September 30, 201729, 2018 that our disclosure controls and procedures were effective such that the information relating to the Company, required to be disclosed in our Securities and Exchange Commission ("SEC"(“SEC”) reports (i) is recorded, processed, summarized and reported within the time periods specified in SEC rules and forms, and (ii) is accumulated and communicated to the Company'sCompany’s management, including our Chief Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding required disclosure.

32

 

(b)Changes in internal control over financial reporting. There has been no change in the Company’s internal controls over financial reporting that occurred during the Company’s fiscal quarter ended September 30, 201729, 2018 that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting.

 

33

Part II - Other Information

 

Item 1.   Legal Proceedings

 

The following information supplements and amends the discussion set forth under Part I, Item 3 "Legal Proceedings"“Legal Proceedings” in the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 201630, 2017 and the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended July 1, 2017.June 30, 2018.

 

In the Matter of Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components ThereofPulseOn Oy v. Garmin (Europe) Ltd.

 

On October 24, 2017,February 21, 2018, PulseOn Oy filed an application with the U.S. Court of Appeals forAppeal in England seeking leave to appeal the Federal Circuit (the “Federal Circuit”) denied Navico’s combined petition for panel rehearing and rehearing en banc. On October 31, 2017,judgment of the Federal CircuitPatent Court issued its mandate confirming their June 2017 decisionson January 18, 2018, holding that all asserted claimsno accused Garmin products infringed either of the ‘840 patent andRegistered Community Designs asserted by PulseOn Oy. The hearing before the ‘550 patent are invalid in viewCourt of the prior art and confirming that Garmin does not infringe the ‘499 patent.Appeal is scheduled to take place on January 30, 2019. Although there can be no assurance that an unfavorable outcome of this litigation would not have a material adverse effect on our operating results, liquidity or financial position, Garmin believes that the claims in this lawsuit are without merit and intends to vigorously defend this action.

Navico Inc. And Navico Holding AS v. Garmin International, Inc .and Garmin USA, Inc. (U.S: District Court for the Eastern District of Texas)

A jury trial took place on September 5-8, 2017. On September 7, 2017, during the trial, the court granted Garmin’s motion for judgment as a matter of law dismissing Navico’s claim for false advertising. On September 8, 2017, the jury returned a verdict finding that Navico had proven infringement of the ‘022 and ‘168 patents, Garmin’s infringement was willful, and Navico should be awarded damages of $38 million. On October 10, 2017, Navico filed post-trial motions. On October 20, 2017, Garmin filed a motion for judgment as a matter of law and/or a motion for a new trial On October 23, 2017, Garmin filed its responses to Navico’s post-trial motions. All post-trial motions are scheduled for oral argument on November 28, 2017. Although there can be no assurance that an unfavorable outcome of this litigation would not have a material adverse effect on our operating results, liquidity or financial position, Garmin believes that the claims in this lawsuit are without merit and intends to vigorously defend this lawsuit.

Visteon Global Technologies, Inc. and Visteon Technologies LLC v. Garmin International, Inc.

On October 27, 2017 the parties entered into a settlement agreement pursuant to which this lawsuit will be dismissed.

 

In the normal course of business, the Company and its subsidiaries are parties to various legal claims, actions, and complaints, including matters involving patent infringement, other intellectual property, product liability, customer claims and various other risks. It is not possible to predict with certainty whether or not the Company and its subsidiaries will ultimately be successful in any of these legal matters, or if not, what the impact might be. However, the Company’s management does not expect that the results in any of these legal proceedings will have a material adverse effect on the Company’s results of operations, financial position or cash flows.

 

Item 1A.   Risk Factors

 

There are many risks and uncertainties that can affect our future business, financial performance or share price. In addition to the other information set forth in this report, you should carefully consider the factors discussed in Part I, “Item 1A. Risk Factors” in our Annual Report on Form 10-K for the fiscal year ended December 31, 2016. There have been no material changes during the 13-week and 39-week periods ended September 30, 2017, inas amended and supplemented by the risks described in our Annual Report on Form 10-K.risk factors set forth below. These risks, however, are not the only risks facing our Company. Additional risks and uncertainties not currently known to us or that we currently deem to be immaterial also may materially adversely affect our business, financial condition and/or operating results.

 

34

The following is an amended and restated version of a Risk Factor included in Item 1A. “Risk Factors” of our Annual Report on Form 10-K for the year ended December 30, 2017:

 

Changes to trade regulations, including trade restrictions, sanctions, or tariffs, could significantly harm our results of operations.

A significant portion of our global and U.S. sales are comprised of goods assembled and manufactured in our facilities in Taiwan and the People’s Republic of China, and components for a number of our goods are sourced from suppliers in the People’s Republic of China. The imposition of additional U.S. or foreign governmental controls, regulations that create new or enhanced restrictions on free trade, trade sanctions, or tariffs, particularly those applicable to goods imported from Taiwan or the People’s Republic of China, could have substantial adverse effects on our business, results of operations, and financial condition.


 

Item 2.Unregistered Sales of Equity Securities and Use of Proceeds

 

Items (a) and (b) are not applicable.

 

(c) Issuer Purchases of Equity Securities

 

The Board of Directors approved a share repurchase program on February 13, 2015, authorizing the Company to purchase up to $300 million of its common shares as market and business conditions warrant. In December 2016, the Board of Directors authorized an extension through December 31, 2017 to purchase remaining common shares. The following table lists the Company’s share purchasesrepurchase authorization expired on December 31, 2017 with no additional shares having been repurchased during the third quarter of 2017:39-weeks ended September 29, 2018.

 

Period Total # of
Shares Purchased
  Average Price
Paid Per Share
  Maximum Number of Shares (or
Approx. Dollar Value of Shares in
thousands) That May Yet be
Purchased Under the Plan
 
July 2, 2017 - July 29, 2017  0  $0.00  $11,397 
July 30, 2017 - August 26, 2017  125,201  $51.65  $4,930 
August 27, 2017 - September 30, 2017  79,270  $51.71  $831 
Total  204,471  $51.68  $831 

Item 3.Defaults Upon Senior Securities

 

None

 

Item 4.Mine Safety Disclosures

 

Not applicable

 

Item 5.Other Information

 

Not applicable

 

Item 6.Exhibits

 

Exhibit 31.1Certification of Chief Executive Officer pursuant to Exchange Act  Rule 13a-14(a) or 15d-14(a).
  
Exhibit 31.2Certification of Chief Financial Officer pursuant to Exchange Act Rule 13a-14(a) or 15d-14(a).
  
Exhibit 32.1Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  
Exhibit 32.2Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

35

 

Exhibit 101.INSXBRL Instance Document
  
Exhibit 101.SCHXBRL Taxonomy Extension Schema
  
Exhibit 101.CALXBRL Taxonomy Extension Calculation Linkbase
  
Exhibit 101.LABXBRL Taxonomy Extension Label Linkbase
  
Exhibit 101.PRE

XBRL Taxonomy Extension Presentation Linkbase

Exhibit 101.DEFXBRL Taxonomy Extension Definition Linkbase

36

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

 GARMIN LTD.
   
 By/s/ Douglas G. Boessen
  Douglas G. Boessen
  Chief Financial Officer
  (Principal Financial Officer and
  Principal Accounting Officer)

 

Dated: November 1, 2017

October 31, 2018

37

INDEX TO EXHIBITS

 

Exhibit No. Description
   
Exhibit 31.1 Certification of Chief Executive Officer pursuant to Exchange Act Rule 13a-14(a) or 15d-14(a).
   
Exhibit 31.2 Certification of Chief Financial Officer pursuant to Exchange Act Rule 13a-14(a) or 15d-14(a).
   
Exhibit 32.1 Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
   
Exhibit 32.2 Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Exhibit 101.INSXBRL Instance Document
  
Exhibit 101.SCHXBRL Taxonomy Extension Schema
  
Exhibit 101.CALXBRL Taxonomy Extension Calculation Linkbase
  
Exhibit 101.LABXBRL Taxonomy Extension Label Linkbase
  
Exhibit 101.PRE

XBRL Taxonomy Extension Presentation Linkbase

Exhibit 101.DEFXBRL Taxonomy Extension Definition Linkbase

38