UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D. C. 20549

______________

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of Report (date of earliest event reported): March 6, 2009

 

H&R BLOCK, INC.

(Exact name of registrant as specified in charter)

Missouri

(State of Incorporation)

1-6089

(Commission File Number)

44-0607856

(I.R.S. Employer

Identification Number)

 

One H&R Block Way, Kansas City, MO 64105

(Address of Principal Executive Offices) (Zip Code)

 

(816) 854-3000

(Registrant's telephone number, including area code)

 

Not Applicable

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 2.02. Results of Operations and Financial Condition

On March 6, 2009, the Company issued a press release regarding the Company’s results of operations for the fiscal quarter ended January 31, 2009. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01. Financial Statements and Exhibits

 

(d)

Exhibits

 

Exhibit Number

Description

99.1

Press Release Issued March 6, 2009.

 

 

SIGNATURES

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

H&R BLOCK, INC.

 

Date: March 6, 2009

By:/s/ Bret G. Wilson

 

Bret G. Wilson

 

Vice President and Secretary

EXHIBIT INDEX

 

Exhibit 99.1

Press Release Issued March 6, 2009.

 

 

 

 


Preparing America's Taxes Since 1955

 

News Release

 

For Further Information

Investor Relations

Derek Drysdale, 816.854.4513, derek.drysdale@hrblock.com

Media Relations

Nancy Mays, 816.854.4537, nmays@hrblock.com

 

H&R Block Reports Fiscal 2009 Third Quarter Results

 

 

Income from continuing operations of $0.20 per share, up from $0.02 per share in FY2008

 

Total revenues increase nearly $100 million, or 11%, to $993.4 million

 

Consolidated net income of $47.4 million, or $0.14 per share, compared with a net loss of ($47.4) million or ($0.14) per share in FY2008

 

Tax services revenues up 15.1%; total retail tax returns through January 31 increase 1.6%

 

Tax services pretax income of $130.4 million, up 184% from $45.9 million

 

RSM McGladrey pretax income of $10.7 million, up 62% from prior year on 3.5% decline in revenue

 

Total debt reduced by $2.5 billion compared to January 31, 2008, and net worth increases 81% year on year to $840 million

 

Total tax preparation revenues, including digital, through February 28 up 6.5%; total tax returns prepared down 1.8%.

 

For Immediate Release March 6, 2009

 

KANSAS CITY, Mo. – H&R Block, Inc. (NYSE: HRB) today reported income from continuing operations for the fiscal 2009 third quarter ended Jan. 31, 2009, of $66.8 million, or $0.20 per share1, up from income of $7.1 million, or $0.02 per share in the prior period. Third quarter revenues from continuing operations rose 11 percent to $993.4 million, compared with $894.8 million a year ago. This revenue increase reflects both growth in the number of tax returns prepared and higher net average tax preparation fees.

_________________________

All per share amounts are based on fully diluted shares.

 

1

“H&R Block’s fiscal third quarter results reflect significantly enhanced financial strength and improving profitability,” said Richard C. Breeden, H&R Block Chairman. “Continued cost reductions coupled with double digit top line revenue growth have expanded profits in our core business. Paying down more than $2.5 billion in debt has greatly improved our financial strength, which was one of our major goals for this year. While the fiscal fourth quarter is always the critical driver for H&R Block’s annual performance, we are nonetheless pleased with our results notwithstanding the headwinds in the broader economy” added Mr. Breeden.

 

The company experienced a net loss of $19.5 million from discontinued operations for the quarter compared to a net loss of $54.4 million in the prior-year period. Discontinued operations for both periods include the results of H&R Block Financial Advisors, which was sold in November, 2008, while the year earlier period included losses, which did not recur in 2009, relating to the shutdown of mortgage lending operations.

 

Consolidated net income for the quarter was $47.4 million, or 14 cents per share. This was up from a consolidated net loss of $47.4 million, or 14 cents per share, in the prior year period.

 

For the nine months ended January 31, 2009, H&R Block reported a net loss from continuing operations of $194.8 million, or $0.59 per share, an improvement over a net loss of $240.0 million, or $0.74 per share, for the nine months ended January 31, 2008. Discontinued operations recorded a net loss of $26.5 million, or $0.08 per share for the nine months ended Jan. 31, 2009, down significantly from a year-ago loss of $612.2 million, or $1.89 per share, which reflected substantial losses associated with the former mortgage loan business. For the nine month period, consolidated net loss was $221.2 million, or $0.67 per share, compared with a net loss of $852.2 million, or $2.63 per share, for the same period in fiscal 2008. Nine month revenues were $1.62 billion in fiscal 2009 versus $1.55 billion in fiscal 2008.

 

Tax Services

 

Third quarter Tax Services revenues rose 15.1% year-over-year to $761.7 million. This increase reflects growth in tax returns prepared in U.S. retail offices of 1.6% compared with the year earlier period (excluding ESA filers during 2008), and an increase of 11.1% in retail net average fee per return. This increase in retail net average fee resulted from a combination of planned pricing increases, higher complexity of tax returns, a shift in client mix to higher AGI levels and lower discounts. However, part of the increase in revenues reflects the November, 2008 acquisition of a major franchisee in the Southwest. Excluding the effects of this acquisition, Tax Services revenues increased 10.6%.

 

The company’s digital tax business, consisting of H&R Block Online tax filing products and TaxCut® software, generated an increase of 100,000 tax returns prepared during the fiscal third quarter. This represented growth during the quarter of 6.7% in the total number of filings compared with the prior period. During the quarter H&R Block Online returns grew by 247,000, or 62%, compared with the same period in fiscal 2008. Among other things, this growth reflects the introduction this

 

2

year of a “free” online filing product and associated fee-bearing upgrades, which the company did not offer in 2008. The strong growth in online returns was partially offset by a small decline in software based returns and a larger decline in filings through the Free File Alliance as clients migrate to H&R Block Online offerings.

 

The Tax Services segment reported pretax income of $130.4 million for the quarter, up 184% from $45.9 million a year ago. Approximately $10 million of the increase in pretax income stemmed from an appreciable shift by clients to use of RACs rather than RALs. In addition to being less costly for clients, RACs do not involve revenue deferrals into the fourth quarter as is true with RALs. This timing difference in the recognition of RAC revenues compared with RALs should net out in the fiscal fourth quarter.

 

During the fiscal third quarter Tax Services expenses increased 2.5% compared with a 15.1% increase in revenues. This reflects in large part the net impact of the company’s cost reduction initiatives, despite higher field variable compensation reflecting growth in return volumes and complexity, and greater marketing expense.

 

”With our strong third quarter results, we remain on track to significantly improve the profitability of our businesses in FY09. We continue to see solid improvements in operating effectiveness and efficiency,” said Russ Smyth, president and chief executive officer of H&R Block. “Our positive third quarter results in both Tax Services and RSM McGladrey reflect good execution and strong focus on our core businesses. We are still at an early stage in our efforts to drive improved client satisfaction and quality, but I am encouraged at our opportunities in these areas as well,” added Smyth.

 

For the first nine months of fiscal 2009, Tax Services revenues of $936.1 million were up 13.8% from $822.5 million in the prior year. Fiscal year-to-date the pretax loss was $218.0 million, an improvement compared with a pretax loss of $325.6 million in the prior fiscal year period.

 

Interim Tax Results through Feb. 28 (excluding leap year and 2008 ESA only filings)

 

For the 2009 tax season through February 28, total tax returns prepared decreased 1.8% compared to tax season 2008. This reflects a decline in retail tax returns prepared of 3.9%, partially offset by a 4.0% increase in digital returns. For the 2009 tax season through February 28, tax preparation revenues, including digital, are up approximately $77 million, or 6.5%, over the comparable period in 2008. This reflects the impact of an increase of 8.5% in net average fees per retail return, offset partially by the lower number of total returns. The increase in these revenues also reflects the shift of more than 600 franchise offices to company ownership as a result of the Southwest acquisition.

 

“This year we are seeing a number of changes in tax filings” said Russ Smyth, Block CEO. “While in 2009 we did not have the AMT issues experienced in 2008, the overall tax season started slower, in part due to the IRS beginning acceptance of efiling a week later in 2009 than last year. There was also a significant delay in the availability of Form 1099s, which delayed filings of more complex returns. H&R Block

 

3

has seen a decline in the number of returns showing adjusted gross incomes of less than $20,000, but an increase in “expertise” filings with AGI of more than $90,000, which involve materially higher preparation fees per customer. The economic stimulus of 2008 was delivered through tax return filings, while the initial phase of the 2009 economic stimulus for ordinary Americans is being delivered through changes in payroll tax withholding. We believe growth in total returns filed is below last year and that decline is pronounced in clients with the lowest incomes. At the same time we are definitely seeing a shift this year from assisted returns to digital filings, with particular popularity of “free” online filings. We have seen strong results in the second half of the tax season in each of the last three years, and we are working hard to match that performance again in 2009,” Smyth added.

 

RSM McGladrey

 

Pretax income for the quarter at RSM McGladrey (Business Services segment) increased 62% to $10.7 million, compared to $6.6 million in fiscal 2008. Increased profitability reflected the effect of cost reduction initiatives on margins, as total revenues fell 3.5 % during the quarter compared to the prior year period. Core accounting, tax and consulting revenues increased $4.4 million, or 3%, over the prior-year period. Those gains were offset by a decline in capital markets revenues and lower sub-contractor revenues.

 

RSM revenues for the nine months ended January 31, 2009 were $592.9 million, down 5% from $623.8 million in the comparable period for the prior year. Pretax income for the first nine months of fiscal 2009 was $23.5 million, up 42% compared with income of $16.5 million in the prior-year period.

 

H&R Block Bank

 

H&R Block Bank (Consumer Financial Services segment) reported a fiscal third quarter pretax loss of $3.3 million compared to pretax income of $12.3 million in the prior period. Income from the Emerald suite of products offered to tax clients increased during the period, but this was more than offset by a $13.5 million increase in loan loss reserves compared with the prior-year period. The bank continues to be affected by ongoing declines in housing values as well as higher delinquencies on mortgage loans owned by bank. The company expects to participate in the Obama Administration’s recently-announced mortgage loan modification program, paralleling prior efforts to modify and restructure mortgage loans on owner-occupied properties.

 

For the first nine months of fiscal 2009, the Bank posted a pretax loss of $36.0 million, compared with pretax income of $12.8 million for the nine month period in fiscal 2008. This primarily reflects a $39.6 million increase in loan loss reserves, and a $5.7 million impairment of other real estate owned, during the current fiscal year period.

 

 

4

Conference Call

 

At 8:00 a.m. EST today, the Company will host a conference call for analysts, institutional investors and shareholders. Richard Breeden, chairman of the board, Russ Smyth, chief executive officer, Becky Shulman, chief financial officer, and Tim Gokey, president of retail tax services will discuss quarterly results and future expectations, as well as respond to analysts' questions. To access the call, please dial the number below approximately five to 10 minutes prior to the scheduled starting time:

 

 

U.S./Canada (877) 247-6355– Access Code: 87179378

 

 

International (706) 679-0371– Access Code: 87179378

 

The call also will be webcast in a listen-only format for the media and public. The link to the webcast and a supporting slide presentation can be accessed directly at http://investor-relations.hrblock.com.

 

A replay of the call will be available beginning at 10:00 a.m. EST March 6, 2009, and continuing until March 20, 2009, by dialing (800) 642-1687 (U.S./Canada) or (706) 645-9291 (international). The conference id is 75298862. The webcast will be available for replay on the Company's Investor Relations Web site at http://investor-relations.hrblock.com

 

Forward Looking Statements

This announcement may contain forward-looking statements, which are any statements that are not historical facts. These forward-looking statements, as well as the Company’s guidance, are based upon the Company’s current expectations and there can be no assurance that such expectations will prove to be correct. Because forward-looking statements involve risks and uncertainties and speak only as of the date on which they are made, the Company’s actual results could differ materially from these statements. These risks and uncertainties relate to, among other things, uncertainties and potential contingent liabilities arising from our former mortgage loan origination and servicing business; uncertainties in the residential mortgage market and its impact on loan loss provisions; uncertainties pertaining to the commercial debt market; competitive factors; the Company’s effective income tax rate; litigation; and changes in market, economic, political or regulatory conditions. Information concerning these risks and uncertainties is contained in Item 1A of the Company’s 2008 annual report on Form 10-K and in other filings by the Company with the Securities and Exchange Commission.

 

About H&R Block

H&R Block Inc. (NYSE: HRB) is the world’s preeminent tax services provider, having served more than 400 million clients since 1955 and generating annual revenues of $4.1 billion in fiscal year 2008. H&R Block provides income tax return preparation and related services and products via a nationwide network of approximately 13,000 Company-owned and franchised offices and through TaxCut® online and software solutions. The Company also provides business services through RSM McGladrey. For more information visit our Online Press Center at www.hrblock.com.

 

# # #

 

5

 

 


KEY OPERATING RESULTS

Unaudited, amounts in thousands, except per share data

 

 

 

 

Three months ended January 31,

 

 

 

Revenues

 

Income (loss)

 

 

 

2009

 

2008

 

2009

 

2008

 

Tax Services

 

$

761,735

 

$

661,787

 

$

130,443

 

$

45,879

 

Business Services

 

 

185,177

 

 

191,884

 

 

10,695

 

 

6,614

 

Consumer Financial Services

 

 

45,195

 

 

39,305

 

 

(3,268

)

 

12,318

 

Corporate and Eliminations

 

 

1,339

 

 

1,828

 

 

(36,131

)

 

(64,395

)

 

 

$

993,446

 

$

894,804

 

 

101,739.0

 

 

416.0

 

Income taxes (benefit)

 

 

 

 

 

 

 

 

34,909.0

 

 

(6,674.0

)

Net income from continuing operations

 

 

 

 

 

 

 

 

66,830.0

 

 

7,090.0

 

Net loss from discontinued operations

 

 

 

 

 

 

 

 

(19,467.0

)

 

(54,448.0

)

Net income (loss)

 

 

 

 

 

 

 

$

47,363

 

 

($47,358

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic earnings (loss) per share:

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income from continuing operations

 

 

 

 

 

 

 

$

0.20

 

$

0.02

 

Net loss from discontinued operations

 

 

 

 

 

 

 

 

(0.06

)

 

(0.17

)

Net income (loss)

 

 

 

 

 

 

 

$

0.14

 

 

($0.15

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic shares outstanding

 

 

 

 

 

 

 

 

337,338

 

 

325,074

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Diluted earnings (loss) per share:

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income from continuing operations

 

 

 

 

 

 

 

$

0.20

 

$

0.02

 

Net loss from discontinued operations

 

 

 

 

 

 

 

 

(0.06

)

 

(0.16

)

Net income (loss)

 

 

 

 

 

 

 

$

0.14

 

 

($0.14

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Diluted shares outstanding

 

 

 

 

 

 

 

 

338,687

 

 

327,202

 

 

 

 

 

 

Nine months ended January 31,

 

 

 

Revenues

 

Income (loss)

 

 

 

2009

 

2008

 

2009

 

2008

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax Services

 

$

936,104

 

$

822,454

 

($218,045

)

($325,559

)

Business Services

 

 

592,873

 

 

623,755

 

23,481

 

16,489

 

Consumer Financial Services

 

 

80,980

 

 

89,608

 

(36,014

)

12,751

 

Corporate and Eliminations

 

 

6,867

 

 

9,697

 

(108,106

)

(112,587

)

 

 

$

1,616,824

 

$

1,545,514

 

(338,684

)

(408,906

)

Income tax benefit

 

 

 

 

 

 

 

(143,930

)

(168,893

)

Net loss from continuing operations

 

 

 

 

 

 

 

(194,754

)

(240,013

)

Net loss from discontinued operations

 

 

 

 

 

 

 

(26,476

)

(612,196

)

Net loss

 

 

 

 

 

 

 

($221,230

)

($852,209

)

 

 

 

 

 

 

 

 

 

 

 

 

Basic and diluted loss per share:

 

 

 

 

 

 

 

 

 

 

 

Net loss from continuing operations

 

 

 

 

 

 

 

($0.59

)

($0.74

)

Net loss from discontinued operations

 

 

 

 

 

 

 

(0.08

)

(1.89

)

Net loss

 

 

 

 

 

 

 

($0.67

)

($2.63

)

 

 

 

 

 

 

 

 

 

 

 

 

Basic and diluted shares outstanding

 

 

 

 

 

 

 

331,429

 

324,544

 

 

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

Basic earnings per share is based on the weighted average number of shares outstanding. The dilutive effect of potential common shares is included in diluted earnings per share, except in those periods with a loss from continuing operations.

Effective November 1, 2008, we sold HRB Financial Corporation, including our securities brokerage business formerly conducted through H&R Block Financial Advisors, Inc. (HRBFA), to Ameriprise Financial, Inc. As a result of this transaction, we received cash proceeds, net of selling costs, of $304.0 million, plus repayment of net intercompany liabilities of $46.6 million. The carrying value of our investment in this business at the date of disposition was $293.7 million. We deferred recognition of a portion of the sale proceeds totaling $7.0 million, which represents the estimated value of an ongoing collaboration arrangement with our Tax Services businesses, and recorded a liability for indemnification obligations at an estimated fair value of $15.5 million. The transaction resulted in a capital loss for income tax purposes and, with the exception of benefits of approximately $10 million recorded during the quarter ended October 31, 2008, is not currently expected to result in a tax benefit. Net of selling expenses, deferrals, and indemnification liabilities, we recorded a loss during the quarter ended January 31, 2009 in connection with the disposition of this business totaling $12.2 million.

As of January 31, 2009, the results of operations of HRBFA and its direct corporate parent are presented as discontinued operations in the condensed consolidated financial statements. All periods presented reflect our discontinued operations.

Discontinued operations also include mortgage businesses historically engaged in the origination of non-prime and prime mortgage loans, the sale and securitization of mortgage loans and residual interests, and the servicing of non-prime loans. During fiscal year 2008, we terminated all origination activities and sold the loan servicing operations. Also included in the prior year are the results of three smaller lines of business previously reported in our Business Services segment.


CONDENSED CONSOLIDATED BALANCE SHEETS

Amounts in thousands, except share data

 

 

 

 

January 31,

 

April 30,

 

January 31,

 

 

 

2009

 

2008

 

2008

 

ASSETS

 

 

 

 

 

 

 

 

 

 

Current assets:

 

 

 

 

 

 

 

 

 

 

Cash and cash equivalents

 

$

1,269,203

 

$

664,897

 

$

1,332,936

 

Cash and cash equivalents - restricted

 

 

75,893

 

 

7,031

 

 

70,289

 

Receivables, net

 

 

2,642,951

 

 

534,229

 

 

2,679,446

 

Prepaid expenses and other current assets

 

 

425,042

 

 

420,738

 

 

230,454

 

Assets of discontinued operations, held for sale

 

 

 

 

987,592

 

 

4,045,206

 

Total current assets

 

 

4,413,089

 

 

2,614,487

 

 

8,358,331

 

 

 

 

 

 

 

 

 

 

 

 

Mortgage loans held for investment, net

 

 

781,755

 

 

966,301

 

 

1,040,854

 

Property and equipment, net

 

 

383,704

 

 

363,664

 

 

372,790

 

Intangible assets, net

 

 

394,106

 

 

147,368

 

 

154,163

 

Goodwill

 

 

848,443

 

 

831,314

 

 

836,767

 

Other assets

 

 

480,795

 

 

700,291

 

 

812,306

 

Total assets

 

$

7,301,892

 

$

5,623,425

 

$

11,575,211

 

 

 

 

 

 

 

 

 

 

 

 

LIABILITIES AND STOCKHOLDERS’ EQUITY

 

 

 

 

 

 

 

 

 

 

Current liabilities:

 

 

 

 

 

 

 

 

 

 

Short-term borrowings

 

$

690,485

 

 

 

$

1,711,485

 

Customer banking deposits

 

 

2,115,708

 

 

785,624

 

 

1,958,490

 

Accounts payable, accrued expenses and other current liabilities

 

 

734,755

 

 

739,887

 

 

473,274

 

Accrued salaries, wages and payroll taxes

 

 

206,959

 

 

365,712

 

 

255,422

 

Accrued income taxes

 

 

143,791

 

 

439,380

 

 

78,547

 

Current portion of long-term debt

 

 

9,030

 

 

7,286

 

 

8,332

 

Federal Home Loan Bank borrowings

 

 

104,000

 

 

129,000

 

 

 

Liabilities of discontinued operations, held for sale

 

 

 

 

644,446

 

 

3,199,626

 

Total current liabilities

 

 

4,004,728

 

 

3,111,335

 

 

7,685,176

 

 

 

 

 

 

 

 

 

 

 

 

Long-term debt

 

 

2,002,647

 

 

1,031,784

 

 

2,813,411

 

Federal Home Loan Bank borrowings

 

 

 

 

 

 

104,000

 

Other noncurrent liabilities

 

 

454,512

 

 

492,488

 

 

508,692

 

Total liabilities

 

 

6,461,887

 

 

4,635,607

 

 

11,111,279

 

 

 

 

 

 

 

 

 

 

 

 

Stockholders’ equity:

 

 

 

 

 

 

 

 

 

 

Common stock, no par, stated value $.01 per share

 

 

4,442

 

 

4,359

 

 

4,359

 

Additional paid-in capital

 

 

835,329

 

 

695,959

 

 

685,013

 

Accumulated other comprehensive income (loss)

 

 

(16,614

)

 

2,486

 

 

(348

)

Retained earnings

 

 

2,015,650

 

 

2,384,449

 

 

1,887,466

 

Less treasury shares, at cost

 

 

(1,998,802

)

 

(2,099,435

)

 

(2,112,558

)

Total stockholders’ equity

 

 

840,005

 

 

987,818

 

 

463,932

 

Total liabilities and stockholders’ equity

 

$

7,301,892

 

$

5,623,425

 

$

11,575,211

 

 


CONDENSED CONSOLIDATED INCOME STATEMENTS

Unaudited, amounts in thousands, except per share data

 

 

 

 

Three months ended January 31,

 

 

 

Nine months ended January 31,

 

 

 

2009

 

2008

 

 

 

2009

 

2008

 

Revenues:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Service revenues

 

$

799,687

 

$

710,250

 

 

 

$

1,356,744

 

$

1,267,924

 

Other revenues:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Product and other revenues

 

 

135,155

 

 

137,444

 

 

 

 

166,582

 

 

176,232

 

Interest income

 

 

58,604

 

 

47,110

 

 

 

 

93,498

 

 

101,358

 

 

 

 

993,446

 

 

894,804

 

 

 

 

1,616,824

 

 

1,545,514

 

Operating expenses:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cost of services

 

 

572,854

 

 

552,807

 

 

 

 

1,272,762

 

 

1,264,880

 

Cost of other revenues

 

 

111,713

 

 

96,234

 

 

 

 

216,890

 

 

194,929

 

Selling, general and administrative

 

 

208,814

 

 

247,320

 

 

 

 

464,054

 

 

514,403

 

 

 

 

893,381

 

 

896,361

 

 

 

 

1,953,706

 

 

1,974,212

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating income (loss)

 

 

100,065

 

 

(1,557

)

 

 

 

(336,882

)

 

(428,698

)

Other income (expense), net

 

 

1,674

 

 

1,973

 

 

 

 

(1,802

)

 

19,792

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income (loss) from continuing operations before taxes (benefit)

 

 

101,739

 

 

416

 

 

 

 

(338,684

)

 

(408,906

)

Income taxes (benefit)

 

 

34,909

 

 

(6,674

)

 

 

 

(143,930

)

 

(168,893

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income (loss) from continuing operations

 

 

66,830

 

 

7,090

 

 

 

 

(194,754

)

 

(240,013

)

Net loss of discontinued operations

 

 

(19,467

)

 

(54,448

)

 

 

 

(26,476

)

 

(612,196

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income (loss)

 

$

47,363

 

 

($47,358

)

 

 

 

($221,230

)

 

($852,209

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic earnings (loss) per share:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income (loss) from continuing operations

 

$

0.20

 

$

0.02

 

 

 

 

($0.59

)

 

($0.74

)

Net loss from discontinued operations

 

 

(0.06

)

 

(0.17

)

 

 

 

(0.08

)

 

(1.89

)

Net income (loss)

 

$

0.14

 

 

($0.15

)

 

 

 

($0.67

)

 

($2.63

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Basic shares outstanding

 

 

337,338

 

 

325,074

 

 

 

 

331,429

 

 

324,544

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Diluted earnings (loss) per share:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income (loss) from continuing operations

 

$

0.20

 

$

0.02

 

 

 

 

($0.59

)

 

($0.74

)

Net loss from discontinued operations

 

 

(0.06

)

 

(0.16

)

 

 

 

(0.08

)

 

(1.89

)

Net income (loss)

 

$

0.14

 

 

($0.14

)

 

 

 

($0.67

)

 

($2.63

)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Diluted shares outstanding

 

 

338,687

 

 

327,202

 

 

 

 

331,429

 

 

324,544

 

 


CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS

Unaudited, amounts in thousands

 

 

 

 

Nine months ended January 31,

 

 

 

2009

 

2008

 

Cash flows from operating activities:

 

 

 

 

 

Net loss

 

($221,230

)

($852,209

)

Adjustments to reconcile net loss to net cash

 

 

 

 

 

used in operating activities:

 

 

 

 

 

Depreciation and amortization

 

90,455

 

82,710

 

Stock-based compensation expense

 

20,364

 

30,131

 

Change in participation in tax client loans receivable

 

(1,048,993

)

(1,693,506

)

Operating cash flows of discontinued operations

 

99,425

 

(34,297

)

Other, net of acquisitions

 

(1,363,583

)

(872,946

)

Net cash used in operating activities

 

(2,423,562

)

(3,340,117

)

 

 

 

 

 

 

Cash flows from investing activities:

 

 

 

 

 

Principal repayments on mortgage loans held for investment, net

 

72,150

 

106,721

 

Purchases of property and equipment, net

 

(73,913

)

(77,226

)

Payments made for business acquisitions, net of cash acquired

 

(290,868

)

(23,835

)

Net cash provided by (used in) investing activities of discontinued

 

 

 

 

 

operations:

 

 

 

 

 

Proceeds from sale of operating units, net

 

303,983

 

 

Other

 

(48,917

)

(1,675

)

Other, net

 

23,839

 

7,382

 

Net cash provided by (used in) investing activities

 

(13,726

)

11,367

 

 

 

 

 

 

 

Cash flows from financing activities:

 

 

 

 

 

Repayments of commercial paper

 

 

(5,125,279

)

Proceeds from issuance of commercial paper

 

 

4,133,197

 

Repayments of other short-term borrowings

 

(928,983

)

(2,161,177

)

Proceeds from other short-term borrowings

 

2,565,281

 

5,097,662

 

Proceeds from issuance of Senior Notes

 

 

599,376

 

Customer deposits, net

 

1,326,584

 

828,872

 

Dividends paid

 

(147,569

)

(137,049

)

Acquisition of treasury shares

 

(7,387

)

(7,237

)

Proceeds from exercise of stock options

 

69,891

 

14,527

 

Proceeds from issuance of common stock, net

 

141,450

 

 

Net cash provided by financing activities of discontinued operations

 

4,783

 

634,208

 

Other, net

 

17,544

 

(32,331

)

Net cash provided by financing activities

 

3,041,594

 

3,844,769

 

 

 

 

 

 

 

Net increase in cash and cash equivalents

 

604,306

 

516,019

 

Cash and cash equivalents at beginning of the period

 

664,897

 

816,917

 

Cash and cash equivalents at end of the period

 

$1,269,203

 

$1,332,936

 

 

 

 

 

 

 

Supplementary cash flow data:

 

 

 

 

 

Income taxes paid (net of income tax refunds received)

 

($13,006

)

($55,975

)

Interest paid on borrowings

 

70,891

 

129,694

 

Interest paid on deposits

 

11,484

 

39,498

 

Non-cash investing activities:

 

 

 

 

 

Foreclosed assets

 

62,774

 

 

 


Preliminary U.S. Tax Operating Data

(amounts in thousands, except average fee)

 

 

 

 

Period

 

 

11/1-1/31

 

Tax Season February YTD (1)

Net tax preparation fees: (2)

 

 

 

 

 

 

Fiscal year 2009

 

 

 

 

 

 

Company-owned operations

 

$

520,386

 

$

1,206,429

Franchise operations

 

 

229,439

 

 

530,675

 

 

$

749,825

 

$

1,737,104

Fiscal year 2008 (3)

 

 

 

 

 

 

Company-owned operations

 

$

439,757

 

$

1,115,231

Franchise operations

 

 

225,035

 

 

552,499

 

 

$

664,792

 

$

1,667,729

Percent change

 

 

 

 

 

 

Company-owned operations

 

 

18.3

%

 

8.2%

Franchise operations

 

 

2.0

%

 

-4.0%

Total retail operations

 

 

12.8

%

 

4.2%

 

 

 

 

 

 

 

Total returns prepared:

 

 

 

 

 

 

Fiscal year 2009

 

 

 

 

 

 

Company-owned operations

 

 

2,579

 

 

6,251

Franchise operations

 

 

1,339

 

 

3,199

Total retail offices

 

 

3,918

 

 

9,450

Digital Software

 

 

780

 

 

1,552

Digital Online

 

 

643

 

 

1,743

Digital Free File Alliance

 

 

178

 

 

501

Total Digital tax solutions

 

 

1,601

 

 

3,796

 

 

 

5,519

 

 

13,246

Fiscal year 2008 (3), (4)

 

 

 

 

 

 

Company-owned operations

 

 

2,430

 

 

6,285

Franchise operations

 

 

1,427

 

 

3,548

Total retail offices

 

 

3,857

 

 

9,833

Digital Software

 

 

799

 

 

1,645

Digital Online

 

 

396

 

 

1,114

Digital Free File Alliance

 

 

306

 

 

890

Total Digital tax solutions

 

 

1,501

 

 

3,649

 

 

 

5,358

 

 

13,482

Percent change

 

 

 

 

 

 

Company-owned operations

 

 

6.1

%

 

-0.5%

Franchise operations

 

 

-6.2

%

 

-9.8%

Total retail operations

 

 

1.6

%

 

-3.9%

Digital Software

 

 

-2.4

%

 

-5.7%

Digital Online

 

 

62.4

%

 

56.5%

Digital Free File Alliance

 

 

-41.8

%

 

-43.7%

Digital tax solutions

 

 

6.7

%

 

4.0%

Total

 

 

3.0

%

 

-1.8%

 

 

 

 

 

 

 

Net average fee - retail: (5)

 

 

 

 

 

 

Fiscal year 2009

 

 

 

 

 

 

Company-owned operations

 

$

202.07

 

$

193.58

Franchise operations

 

 

171.67

 

 

166.65

 

 

$

191.68

 

$

184.47

Fiscal year 2008 (3)

 

 

 

 

 

 

Company-owned operations

 

$

181.19

 

$

177.76

Franchise operations

 

 

157.91

 

 

156.15

 

 

$

172.58

 

$

169.97

Percent change

 

 

 

 

 

 

Company-owned operations

 

 

11.5

%

 

8.9%

Franchise operations

 

 

8.7

%

 

6.7%

Total retail operations

 

 

11.1

%

 

8.5%

 

(1) Results are through 2/28/09 and 2/28/08, excluding the extra day due to leap year. The additional day in 2008 represented approximately 83,000 company-owned, 48,000 franchise and 19,000 digital returns.

(2) Amounts include gross tax preparation fees less coupons and discounts.

(3) Prior year numbers have not been reclassified between company-owned and franchise offices for offices which commenced company-owned operations during fiscal year 2009. Through 2/28/09, approximately 320,000 returns were from the major franchise operator acquired on 11/3/08. Prior year numbers have also been restated to include tax returns only.

(4) Amounts exclude Economic Stimulus Act only filers of approximately 17,000 and 16,000 for company-owned and franchise, respectively, through 2/29/2008.

(5) Amounts are calculated as net tax preparation fees divided by retail tax returns.