form8k-062111.htm
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):   June 21, 2011

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):

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

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

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

[ ] 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 June 23, 2011, the Company issued a press release regarding the Company’s results of operations for the fiscal year ended April 30, 2011.  A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.


Item 5.02.
Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
 
 
(e) On June 21, 2011, the Board of Directors of H&R Block, Inc. (the “Company”), based on the recommendation of the Board’s Compensation Committee (the “Committee”), adopted a performance-based long-term incentive program (the “Performance Share Program”) that provides for performance shares to be issued to executive officers of the Company and its affiliates pursuant to the 2003 Long-Term Executive Compensation Plan.
 
The Performance Share Program is designed to increase the pay-for-performance relationship in our overall long-term equity compensation program. Eligible participants are executives of the Company, including the Company’s named executive officers, who are selected for awards by the Committee. Under the Performance Share Program:
 
·  
A participating executive has the opportunity to earn a performance share payout between 0% and 250% of the target award based on performance against pre-established performance metrics.
 
·  
Performance is measured over three separate twelve-month performance periods with the performance metrics established at the beginning of each fiscal year, with the average results for the three performance periods determining the number of performance shares earned at the end of the three-year period. This amount is then subject to a potential modification of up to plus or minus 25% based on the Company’s total shareholder return (“TSR”) over the entire three-year performance period relative to the S&P 500.  As a result of the TSR modification, the maximum award of 250% of target can only be achieved if the maximum performance goals were met in each of three separate and distinct twelve-month performance periods and TSR over the entire three-year performance period equals or exceeds the 80th percentile relative to the S&P 500.
 
·  
The performance metrics for fiscal year 2012, the first of the three, twelve-month performance periods, are (in equal weights): (i) the Company’s revenue growth (excluding the Business Services segment); and (ii) the Company’s earnings growth from continuing operations (excluding the Business Services segment) before interest, taxes, depreciation and amortization (depreciation and amortization include, if any, asset impairment).
 
·  
Vesting of earned shares, if any, occurs at the end of the three-year performance period, subject to the following: (i) an executive will forfeit their award if they are terminated for cause or voluntarily terminate employment prior to vesting; and (ii) an executive will receive a pro-rata portion of their award based on death, disability, retirement or involuntary termination without cause prior to vesting.
 
·  
Performance shares are settled upon vesting at the end of the related three-year performance period using shares of our common stock and do not pay dividends during the vesting period. Instead, dividend equivalents are carried as fractional performance shares until vesting, at which time they are settled as additional shares of common stock.
 
·  
Unvested performance shares do not carry voting rights; shares earned through achievement of performance objectives carry voting rights once the shares are paid out in common stock.
 
The award agreements for performance share grants will include termination, change-in-control, and clawback provisions.  These award agreements will be filed as exhibits to the Company’s next Quarterly Report on Form 10-Q.


Item 9.01.
Financial Statements and Exhibits.

 (d)           Exhibits

Exhibit Number
Description

 
 

 

 
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:  June 23, 2011
By:/s/ Andrew J. Somora                                                     
 
      Andrew J. Somora
 
      Secretary




 
 

 

EXHIBIT INDEX

Exhibit 99.1                      Press Release issued June 23, 2011.


exh99x1-062311.htm
Exhibit 99.1
 
News Release

For Further Information
Investor Relations:                                       Derek Drysdale, (816) 854-4513, derek.drysdale@hrblock.com
Media Relations:                                           Kate O’Neill Rauber, (816) 854-4548, kate.rauber@hrblock.com

H&R BLOCK REPORTS FISCAL 2011 FOURTH QUARTER AND FULL YEAR RESULTS
·  
Fourth quarter net income from continuing operations of $2.14 per share includes after-tax litigation charge of $17.0 million, or $0.06 per share1
·  
Fiscal 2011 net income from continuing operations of $419 million, or $1.35 per share
·  
Adjusted non-GAAP net income from continuing operations of $471 million in fiscal 2011, or $1.52 per share, compared to $474 million, or $1.42 per share in prior year
·  
U.S. tax returns prepared up 6.5 percent, or 1.3 million returns; U.S.market share up 80 basis points to 16.4 percent

 For Immediate Release June 23, 2011
 
KANSAS CITY, Mo. – H&R Block, Inc. (NYSE: HRB) today reported net income from continuing operations for the fiscal year ended April 30, 2011 of $419.4 million, or $1.35 per share.  In addition to previously announced charges, the company’s Business Services segment incurred an after-tax litigation charge in the fourth quarter of $17.0 million, or $0.06 per share.  Adjusted (non-GAAP) income from continuing operations for fiscal 2011 was $470.6 million, essentially flat to adjusted net income in the prior year.  Adjusted earnings per share increased 7 percent to $1.52 due to a decline in weighted average shares outstanding. Total revenues of $3.8 billion were down 2.6 percent compared to the prior year.
 
“The actions taken this year have strengthened important fundamentals in our business,” said William C. Cobb, H&R Block’s president and chief executive officer. “We achieved our highest level of U.S. client growth since 2001 and maintained strong earnings results despite a number of special items. We also reversed years of market share declines and have built a solid pipeline of new and younger clients.  All of this positions us well for the future.”

Tax Services

The segment reported fiscal 2011 pretax income of $767.5 million.  Adjusting for special items, the segment’s pretax income was $829.9 million, essentially flat to the prior year.  Adjusted pretax margin for the segment improved to 28.5 percent, compared with adjusted pretax margin of 27.9 percent in the prior year, as a result of cost savings achieved through reductions in force and the office network.


1 All per share amounts are based on fully diluted shares
2 Total online returns prepared exclude software-based and Free File Alliance (“FFA”) returns.


 
 
1

 

    Fiscal 2011 segment revenues declined 2.1 percent to $2.9 billion. This decline was primarily attributable to the strategic sale of 280 company owned locations to franchisees, as well as lower revenues stemming from the company’s inability to offer refund anticipation loans this tax season.

Total U.S. tax returns prepared by H&R Block in fiscal 2011 grew 6.5 percent, or 1.3 million returns.  Total retail returns prepared grew 3.6 percent, while the net average retail fee per tax return prepared declined 3.3 percent.  Total digital tax returns prepared increased 13.5 percent, led by growth of 28.7 percent in online filings2.

In tax season 2011, the company believes total industry-wide filings at the IRS increased by 1.1 percent to approximately 131 million returns.  The company estimates it gained 80 basis points of total U.S. market share in tax season 2011, including 60 basis points of share in retail and 90 basis points in the digital online category.

“The significant improvement in many of our key client satisfaction indicators gives us confidence that we can attract more clients to our brand, retain clients at higher rates, and continue driving organic growth in our business,” said Cobb.

 RSM McGladrey

 Segment pretax income of $49.0 million was down 16.5 percent compared to fiscal 2010. Adjusting for legal charges, fiscal 2011 pretax income was $77.3 million and the pretax margin was 9.3 percent.  This compares to adjusted pretax income of $88.2 million and pretax margin of 10.3 percent in the prior year.  Fiscal 2011 segment revenues fell 3.6 percent to $829.8 million.

Corporate

Corporate operations include corporate support department costs, as well as net interest margin and other gains/losses associated with H&R Block Bank’s mortgage portfolio.  Corporate operations reported a pretax loss of $139.5 million in fiscal 2011 compared to a loss of $141.9 million in the prior year.

The company’s effective tax rate for continuing operations in fiscal 2011 was 38.1 percent compared to 37.6 percent in the prior year.

Discontinued Operations

Sand Canyon Corporation (“SCC”), formerly known as Option One Mortgage Corporation, ceased originating mortgage loans in December 2007 and, in April 2008, sold its servicing assets and discontinued its remaining operations.  SCC is a separate legal entity from H&R Block, Inc.  At April 30, 2011, SCC had net assets of approximately $300 million, in addition to an accrual for representation and warranty liabilities of $126.3 million.

New claims for alleged breaches of representation and warranties in the principal amount of $55 million were received during the fourth quarter. SCC completed a review of claims of approximately $41 million during the quarter, with incurred losses totaling $4.5 million.  At April 30, 2011, total claims of $79 million remain subject to review.

 
2

 

As previously announced on March 9, 2011, SCC made its final payment of $24.2 million for reserved losses under a $50.0 million indemnification agreement dated April 2008.  The indemnification agreement was entered into with a specific counterparty in exchange for a full and complete release of such party’s ability to assert representation and warranty claims.  SCC has fulfilled its obligation under this agreement.

Balance Sheet
 
At April 30, 2011, the Company had unrestricted cash of $1.7 billion and total outstanding debt of $1.1 billion. Shareholder equity at April 30 was $1.4 billion, essentially flat to the prior year.

Dividend
 
A previously announced quarterly cash dividend of 15 cents per share is payable on July 1, 2011, to shareholders of record as of June 10, 2011.

Conference Call
 
At 4:30 p.m. Eastern time today, the company will host a conference call for analysts, institutional investors and shareholders. To access the call, please dial the number below approximately 5 to 10 minutes prior to the scheduled starting time:

             U.S./Canada (877) 809-6980 or International (706) 634-7287
             Conference ID: 70449405

The call will also be webcast in a listen-only format for the media and public.  The link to the webcast can be accessed on the company’s investor relations Web site at www.hrblock.com.

A replay of the call will be available beginning at 5:30 p.m. Eastern on June 23 and continuing until July 23, 2011, by dialing (800) 642-1687 (U.S./Canada) or (706) 645-9291 (International).  The conference ID is 70449405.  The webcast will be available for replay beginning on June 24.

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 regarding the Company’s ability to attract and retain clients; meet its prepared returns targets; 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 defense expenses and costs of judgments or settlements; uncertainties regarding the level of share repurchases; and changes in market, economic, political or regulatory conditions. Information concerning these risks and uncertainties is contained in Item 1A of the Company’s 2011 annual report on Form 10-K and in other filings by the Company with the Securities and Exchange Commission. The Company does not undertake any duty to update any forward-looking statements, whether as a result of new information, future events, or otherwise.

 
3

 

About H&R Block
H&R Block Inc. (NYSE: HRB) is one of the world’s largest tax services providers, having prepared more than 575 million tax returns worldwide since 1955. In fiscal 2011, H&R Block had annual revenues of $3.8 billion and prepared more than 24.5 million tax returns worldwide, utilizing more than 100,000 highly trained tax professionals. The Company provides tax return preparation services in person, through H&R Block At Home™ online and desktop software products, and through other channels. The Company is also one of the leading providers of business services through RSM McGladrey. For more information, visit our Online Press Center at www.hrblock.com
 
# # #



 
4

 

 
KEY OPERATING RESULTS
Unaudited, amounts in thousands, except per share data
 
   
Three months ended April 30,
   
Revenues
 
Income (loss)
   
2011
 
2010
 
2011
 
2010
                 
Tax Services
 
 $      2,036,985
 
 $      2,030,299
 
 $      1,092,363
 
 $      1,080,335
Business Services
 
           280,349
 
           297,647
 
             32,452
 
             68,441
Corporate and Eliminations
               8,117
 
               9,948
 
            (47,905)
 
            (38,366)
   
 $      2,325,451
 
 $      2,337,894
 
        1,076,910
 
        1,110,410
Income taxes
         
           418,680
 
           417,978
Net income from continuing operations
     
           658,230
 
           692,432
Net income (loss) from discontinued operations
 
                 331
 
              (1,604)
Net income   
         
 $        658,561
 
 $        690,828
                 
Basic earnings (loss) per share:
           
  Net income from continuing operations
 
 $              2.15
 
 $              2.11
  Net income (loss) from discontinued operations
 
                    -   
 
                    -   
  Net income  
         
 $              2.15
 
 $              2.11
                 
Basic shares outstanding
       
           305,283
 
           326,255
                 
Diluted earnings (loss) per share:
           
  Net income from continuing operations
 
 $              2.14
 
 $              2.11
  Net income (loss) from discontinued operations
 
                    -   
 
               (0.01)
  Net income  
         
 $              2.14
 
 $              2.10
                 
Diluted shares outstanding
     
           306,118
 
           327,314
                 
                 
   
Year ended April 30,
   
Revenues
 
Income (loss)
   
2011
 
2010
 
2011
 
2010
                 
Tax Services
 
 $      2,912,361
 
 $      2,975,252
 
 $        767,498
 
 $        867,362
Business Services
 
           829,794
 
           860,349
 
             49,003
 
             58,714
Corporate and Eliminations
             32,141
 
             38,731
 
          (139,476)
 
          (141,941)
   
 $      3,774,296
 
 $      3,874,332
 
           677,025
 
           784,135
Income taxes
         
           257,620
 
           295,189
Net income from continuing operations
     
           419,405
 
           488,946
Net loss from discontinued operations
     
            (13,295)
 
              (9,704)
Net income  
         
 $        406,110
 
 $        479,242
                 
Basic earnings (loss) per share:
           
  Net income from continuing operations
 
 $              1.35
 
 $              1.47
  Net loss from discontinued operations
     
               (0.04)
 
               (0.03)
  Net income  
         
 $              1.31
 
 $              1.44
                 
Basic shares outstanding
       
           309,230
 
           332,283
                 
Diluted earnings (loss) per share:
           
  Net income from continuing operations
 
 $              1.35
 
 $              1.46
  Net loss from discontinued operations
     
               (0.04)
 
               (0.03)
  Net income  
         
 $              1.31
 
 $              1.43
                 
Diluted shares outstanding
     
           309,777
 
           333,236
 
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
 
    Basic earnings per share is computed using the two-class method and 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.

 
 

 

 
CONDENSED CONSOLIDATED BALANCE SHEETS
Amounts in thousands, except per share data
 
   
April 30,
 
April 30,
   
2011
 
2010
ASSETS
       
Current assets:
       
  Cash and cash equivalents
 
 $  1,677,844
 
 $  1,804,045
  Cash and cash equivalents - restricted
 
         48,383
 
         34,350
  Receivables, net
 
       492,290
 
       517,986
  Prepaid expenses and other current assets
 
       259,214
 
       292,655
    Total current assets
 
    2,477,731
 
    2,649,036
         
  Mortgage loans held for investment, net
 
       485,008
 
       595,405
  Property and equipment, net
 
       307,320
 
       345,470
  Intangible assets, net
 
       367,919
 
       367,432
  Goodwill
 
       846,245
 
       840,447
  Other assets
 
       723,738
 
       436,528
Total assets
 
 $  5,207,961
 
 $  5,234,318
         
LIABILITIES AND STOCKHOLDERS' EQUITY
       
Current liabilities:
       
  Customer banking deposits
 
 $    852,220
 
 $    852,555
  Accounts payable, accrued expenses and other current liabilities
       618,070
 
       756,577
  Accrued salaries, wages and payroll taxes
 
       257,038
 
       199,496
  Accrued income taxes
 
       458,910
 
       459,175
  Current portion of long-term debt
 
           3,437
 
           3,688
  Federal Home Loan Bank borrowings
 
         25,000
 
         50,000
    Total current liabilities
 
    2,214,675
 
    2,321,491
         
Long-term debt
 
    1,049,754
 
    1,035,144
Federal Home Loan Bank borrowings
 
                -   
 
         25,000
Other noncurrent liabilities
 
       493,958
 
       412,053
      Total liabilities
 
    3,758,387
 
    3,793,688
         
Stockholders' equity:
       
  Common stock, no par, stated value $.01 per share
 
           4,124
 
           4,314
  Additional paid-in capital
 
       812,666
 
       832,604
  Accumulated other comprehensive income
 
         11,233
 
           1,678
  Retained earnings   
 
    2,658,103
 
    2,658,586
  Less treasury shares, at cost
 
   (2,036,552)
 
   (2,056,552)
      Total stockholders' equity
 
    1,449,574
 
    1,440,630
Total liabilities and stockholders' equity
 
 $  5,207,961
 
 $  5,234,318

 
 

 

 
CONDENSED CONSOLIDATED INCOME STATEMENTS
Unaudited, amounts in thousands, except per share data
 
     
Three months ended April 30,
 
Year ended April 30,
     
2011
 
2010
 
2011
 
2010
Revenues:
               
 
Service revenues
 
 $      2,005,008
 
 $      1,944,217
 
 $      3,225,861
 
 $      3,231,487
 
Product and other revenues
 
           263,336
 
           344,018
 
           414,282
 
           520,440
 
Interest income
 
             57,107
 
             49,659
 
           134,153
 
           122,405
     
        2,325,451
 
        2,337,894
 
        3,774,296
 
        3,874,332
                   
Operating expenses:
               
 
Cost of revenues
 
        1,018,461
 
        1,024,850
 
        2,414,590
 
        2,467,996
 
Selling, general and administrative
 
           232,365
 
           203,936
 
           694,136
 
           631,499
     
        1,250,826
 
        1,228,786
 
        3,108,726
 
        3,099,495
                   
Operating income
 
        1,074,625
 
        1,109,108
 
           665,570
 
           774,837
Other income, net
 
               2,285
 
               1,302
 
             11,455
 
               9,298
                   
Income from continuing operations before tax
 
        1,076,910
 
        1,110,410
 
           677,025
 
           784,135
Income taxes
 
           418,680
 
           417,978
 
           257,620
 
           295,189
                   
Net income from continuing operations
 
           658,230
 
           692,432
 
           419,405
 
           488,946
Net income (loss) from discontinued operations
 
                 331
 
              (1,604)
 
            (13,295)
 
              (9,704)
                   
Net income  
 
 $        658,561
 
 $        690,828
 
 $        406,110
 
 $        479,242
                   
Basic earnings (loss) per share:
               
 
Net income from continuing operations
 
 $              2.15
 
 $              2.11
 
 $              1.35
 
 $              1.47
 
Net income (loss) from discontinued operations
 
                    -   
 
                    -   
 
               (0.04)
 
               (0.03)
 
Net income  
 
 $              2.15
 
 $              2.11
 
 $              1.31
 
 $              1.44
                   
 
Basic shares outstanding
 
           305,283
 
           326,255
 
           309,230
 
           332,283
                   
Diluted earnings (loss) per share:
               
 
Net income from continuing operations
 
 $              2.14
 
 $              2.11
 
 $              1.35
 
 $              1.46
 
Net income (loss) from discontinued operations
 
                    -   
 
               (0.01)
 
               (0.04)
 
               (0.03)
 
Net income  
 
 $              2.14
 
 $              2.10
 
 $              1.31
 
 $              1.43
                   
 
Diluted shares outstanding
 
           306,118
 
           327,314
 
           309,777
 
           333,236

 
 

 

 
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS
Unaudited, amounts in thousands
 
             
Year ended April 30,
             
2011
 
2010
                   
Net cash provided by operating activities
 
 $       512,503
 
 $       587,469
                   
Cash flows from investing activities:
       
 
Available-for-sale securities:
       
   
Purchases of available-for-sale securities
 
(138,824)
 
             (5,365)
   
Maturities of and payments received on available-for-sale securities
16,797
 
            15,758
 
Principal payments on mortgage loans held for investment, net
58,471
 
            72,832
 
Purchases of property and equipment
 
(62,959)
 
(90,515)
 
Payments made for business acquisitions, net of cash acquired
(54,171)
 
(10,539)
 
Proceeds from sales of businesses, net
 
71,083
 
66,623
 
Franchise loans:
       
   
Loans funded
 
(92,455)
 
(89,664)
   
Payments received
 
57,552
 
40,710
 
Other, net
 
34,349
 
31,513
   
Net cash provided by (used in) investing activities
 
(110,157)
 
31,353
                   
Cash flows from financing activities:
       
 
Repayments of commercial paper
 
(4,818,766)
 
      (1,406,013)
 
Proceeds from issuance of commercial paper
 
4,818,766
 
       1,406,013
 
Repayments of other borrowings
 
(50,000)
 
      (4,267,773)
 
Proceeds from other borrowings
 
                   -   
 
       4,242,727
 
Customer banking deposits, net
 
(11,440)
 
            17,539
 
Dividends paid
 
(186,802)
 
(200,899)
 
Repurchase of common stock, including shares surrendered
         (283,534)
 
         (254,250)
 
Proceeds from exercise of stock options
 
                424
 
            16,682
 
Other, net
 
(3,039)
 
(35,144)
     
Net cash used in financing activities
 
(534,391)
 
(481,118)
                   
Effects of exchange rates on cash
 
5,844
 
            11,678
                   
Net increase (decrease) in cash and cash equivalents
 
(126,201)
 
149,382
Cash and cash equivalents at beginning of the year
 
1,804,045
 
1,654,663
Cash and cash equivalents at end of the year
 
 $     1,677,844
 
 $     1,804,045
                   
Supplementary cash flow data:
       
 
Income taxes paid, net of refunds received
 
 $       244,917
 
 $       359,559
 
Interest paid on borrowings
 
73,791
 
78,305
 
Interest paid on deposits
 
8,541
 
            10,156
 
Transfers of foreclosed loans to other assets
 
            16,463
 
            19,341

 
 

 

 
U.S. Tax Operating Data
(in thousands, except net average fee)
 
     
Year ended April 30,
 
Percent
     
2011
 
2010
 
Change
Net tax preparation fees - retail: (1,2)
       
   
Company-owned operations
 $   1,739,490
 
 $   1,742,517
 
-0.2%
   
Franchise operations
        960,219
 
        954,291
 
0.6%
     
 $   2,699,709
 
 $   2,696,808
 
0.1%
               
Total returns prepared: (2,4)
         
   
Company-owned operations
            9,168
 
            8,817
   
4.0%
   
Franchise operations
            5,588
 
            5,429
 
2.9%
   
  Total retail operations
          14,756
 
          14,246
   
3.6%
               
   
Software
            2,201
 
            2,193
 
0.4%
   
Online
            3,722
 
            2,893
 
28.7%
   
  Sub-total
            5,923
 
            5,086
 
16.5%
               
   
Free File Alliance
              767
 
              810
 
-5.3%
   
  Total digital tax solutions
            6,690
 
            5,896
 
13.5%
     
          21,446
 
          20,142
   
6.5%
               
Net average fee - retail: (2,3)
         
   
Company-owned operations
 $       189.73
 
 $       197.63
 
-4.0%
   
Franchise operations
          171.86
 
          175.65
 
-2.2%
     
 $       182.96
 
 $       189.25
 
-3.3%
 
 
(1)
Amounts include gross tax preparation fees less coupons and discounts.
(2)
Prior year tax preparation fees (in thousands) of $70,199 and returns prepared (in thousands) of 365 have been reclassified between company-owned and franchise operations for offices which were refranchised during either year.
(3)
Amounts are calculated as net retail tax preparation fees divided by retail tax returns.
(4)
Total returns prepared include the filing (in thousands) of 93 and 38 extensions for 2011 and 2010 respectively.
 
 
 
 

 

 
NON-GAAP RECONCILIATION
Unaudited, amounts in millions, except per share amounts
 
 
     We report our financial results in accordance with generally accepted accounting principles (GAAP). However, we believe certain non-GAAP performance measures and ratios used in managing the business may provide additional meaningful comparisons between current year results and prior periods. Reconciliations to GAAP financial measures are provided below. These non-GAAP financial measures should be viewed in addition to, not as an alternative for, our reported GAAP results.
 
     
Segment Pretax Income
     
Tax Services
 
Business Services
     
Year ended April 30,
 
Year ended April 30,
     
2011
2010
 
2011
2010
               
Pretax income - as reported
 
 $        767.5
 $        867.4
 
 $          49.0
 $          58.7
               
Add back (pretax):
           
 
Litigation and arbitration
 
            15.0
                -   
 
            28.3
            14.5
 
Incremental Emerald Advance credit losses (1)
 
            40.5
                -   
 
                -   
                -   
 
Severance
 
            27.4
            11.9
 
                -   
                -   
 
Asset impairments
 
            24.6
                -   
 
                -   
            15.0
 
Gain on sale of tax offices to franchisees
 
           (45.1)
           (49.0)
 
                -   
                -   
     
            62.4
           (37.1)
 
            28.3
            29.5
               
Pretax income - as adjusted
 
 $        829.9
 $        830.3
 
 $          77.3
 $          88.2
               
Revenues - as reported
 
 $     2,912.4
 $     2,975.3
 
 $        829.8
 $        860.3
               
Pretax margin - as reported
 
26.4%
29.2%
 
5.9%
6.8%
Pretax margin - as adjusted
 
28.5%
27.9%
 
9.3%
10.3%
               
               
     
Consolidated Net Income
     
Year ended April 30,
     
2011
 
2010
     
After-tax
Per share
 
After-tax
Per share
               
Net income from continuing operations - as reported
 $        419.4
 $          1.35
 
 $        488.9
 $          1.46
               
Add back (net of tax):
           
 
Litigation and arbitration
 
            26.8
            0.09
 
              9.1
            0.03
 
Incremental Emerald Advance credit losses (1)
 
            25.1
            0.08
 
                -   
                -   
 
Severance
 
            18.3
            0.06
 
              8.4
            0.03
 
Asset impairments
 
            15.2
            0.05
 
              9.4
            0.03
 
Gain on sale of tax offices to franchisees
 
           (27.9)
           (0.09)
 
           (30.6)
           (0.09)
 
Other gains (2)
 
             (6.3)
           (0.02)
 
           (11.5)
           (0.04)
     
            51.2
            0.17
 
           (15.2)
           (0.04)
               
Net income from continuing operations - as adjusted
 $        470.6
 $          1.52
 
 $        473.7
 $          1.42
               
Diluted shares
   
           309.8
   
           333.2
 
 
(1)
Credit losses were higher in fiscal 2011 compared to fiscal 2010 as a result of higher levels of Emerald Advance clients not returning for tax preparation.  Incremental credit losses were calculated based on the difference between the fiscal 2011 loss rate assumption and the actual loss rate multiplied by the principal amount of fiscal 2011 loan originations.
(2)
Represents gain on commutation of insurance liability in fiscal year 2010 and gains on residual interests in securitizations in fiscal years 2011 and 2010.  Both gains were recorded in corporate operations.