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Liberty Tax Service Reports Fiscal 2015 Third Quarter Results

2015-03-05 06:30 ET - News Release

VIRGINIA BEACH, VA -- (Marketwired) -- 03/05/15

Liberty Tax, Inc. (NASDAQ: TAX) (the "Company"), the parent company of Liberty Tax Service, today reported its results for the third fiscal quarter ended January 31, 2015.

"This has been a challenging season for us and the industry as a whole," said John Hewitt, CEO. "Despite the fact that we have continued to outperform the paid preparer category, our office and return count growth failed to meet the standards that we have come to expect. Going forward, we are focused on driving new sales, working with existing franchisees to expand, and capitalizing on the opportunities presented by the Affordable Care Act and immigration reform."


($ in Ms except per
 share data)                      GAAP                   Non - GAAP*
                       -------------------------  -------------------------
                        Q3 2015  Q3 2014  Change   Q3 2015  Q3 2014  Change
                       -------- -------- -------  -------- -------- -------
Revenue                $   47.7 $   40.7      17% $   47.7 $   40.7      17%
Operating expenses         43.4     35.5      22%     39.3     35.4      11%
Income before taxes         3.6      6.8     -47%      7.6      4.9      57%
Diluted EPS                0.13     0.28     -54%     0.29     0.20      45%
*See reconciliation of non-GAAP to GAAP measures in Table E

Income Statement
Revenues for the three months ended January 31, 2015 increased 17% to $47.7 million compared to $40.7 million in the prior year period. The increase in revenue was primarily driven by the earlier start to the tax season, along with our franchisees' ability to generate higher net fees and higher financial product revenue. We processed a higher portion of our financial product volume through our in-house subsidiary, JTH Financial, which increased our revenue and profitability.

Reported operating expenses increased 22% to $43.4 million. Adjusted operating expenses, as reported on Table E, increased 11% to $39.3 million driven primarily by increased variable costs associated with the higher revenue. During the three months ended January 31, 2015, the Company also incurred $4.1 million in costs, including costs related to a potential loss on one of our class action lawsuits, net of recovery from a vendor involved in one of our cases.

The tax rate for the three months ended January 31, 2015 was 46.3% and is significantly higher than our year-to-date rate of 38.9%. We anticipate the full year tax rate to be slightly less than last year.

Balance Sheet
The Company had a balance of $110.8 million on its revolving credit facility as of January 31, 2015, compared to $104.6 million as of January 31, 2014.

Operational Results - Offices
During the calendar year through February 28, 2015, the Company has processed 1,140,000 U.S. returns in its offices, a decrease of 0.7%, when compared to the same period last year. Despite the decline in return count, systemwide revenue has increased 5.7% to $311.9 million.

Dividend
As announced separately, our Board has approved the initiation of a quarterly dividend to shareholders. The first quarterly dividend of $0.16 per share will be paid on April 22, 2015 to holders of record of common stock and common stock equivalents on the close of business April 15, 2015.

Third Quarter Conference Call
At 8:30 a.m. Eastern time on Thursday, March 5, 2015, the Company will host a conference call for analysts, institutional investors and stockholders. To access the call, please dial the number below approximately 5 to 10 minutes prior to the scheduled starting time:

U.S. 855-611-0856
International 518-444-5569
Conference ID Code: 91108801

The call will also be webcast in a listen-only format. The link to the webcast can be accessed on the Company's investor relations website at www.libertytax.com.

A telephonic replay of the call will be available beginning shortly after the call and continue until Thursday, March 12, 2015, by dialing 855-859-2056 (domestic) or 404-537-3406 (international). The conference ID code is 91108801. A replay of the webcast will also be available at the site listed above beginning shortly after its conclusion.

About Liberty Tax, Inc.
Founded in 1997 by CEO John T. Hewitt, Liberty Tax, Inc., is the parent company of Liberty Tax Service. Liberty Tax is the fastest-growing tax preparation franchise and has prepared almost 18 million individual income tax returns in more than 4,300 offices and online. Liberty Tax's online services are available through eSmart Tax, Liberty Online and DIY Tax, and are all backed by the tax professionals at Liberty Tax locations and its nationwide network of approximately 35,000 seasonal tax preparers. Liberty Tax also supports local communities with fundraising endeavors and contributes as a national sponsor for many charitable causes. For a more in-depth look, visit Liberty Tax Service and interact with Liberty Tax on Twitter and Facebook.

About Non-GAAP Financial Information
This press release and the accompanying tables include non-GAAP financial information. For a description of these non-GAAP financial measures, including the reasons management uses each measure, and reconciliations of these non-GAAP financial measures to the most directly comparable financial measures prepared in accordance with generally accepted accounting principles, please see the section of the accompanying Tables E&F titled "Non-GAAP Financial Information."

Forward Looking Statements
In addition to historical information, this release may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, including implied and express statements regarding future growth. These forward-looking statements, as well as Company 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; the ability to continue to pay a quarterly dividend; the effect of health care reform on tax preparation-related revenue; the impact of the launch of a new franchise brand; uncertainties regarding the Company's ability to meet its prepared returns targets; competitive factors; the Company's effective income tax rate; litigation defense expenses and costs of judgments or settlements; and changes in market, economic, political or regulatory conditions. Information concerning these risks and uncertainties is contained in the Company's annual report on Form 10-K and in other filings by the Company with the U.S. 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.



                                   Table A
                              Liberty Tax, Inc.
                    Condensed Consolidated Balance Sheets
                       Unaudited, amounts in thousands

                                  January 31,    January 31,     April 30,
                                      2015           2014           2014
                                 -------------  -------------  -------------
Current assets:
  Cash and cash equivalents      $       3,150  $       3,742  $      46,080
  Current receivables, net             124,482        133,566         65,656
  Assets held for sale                   5,613              -          4,413
  Income taxes receivable               17,434          8,449              -
  Deferred income tax asset              7,574          4,442          4,058
  Other current assets                  18,371         18,527          5,325
                                 -------------  -------------  -------------
    Total current assets               176,624        168,726        125,532

Property, equipment, and
 software, net                          42,615         37,553         38,343
Notes receivable - non-current,
 net                                    28,050         23,645         15,824
Goodwill                                 3,185          6,279          2,997
Other intangible assets, net            17,358         17,645         14,295
Other assets                             3,973          2,124          1,772
                                 -------------  -------------  -------------
    Total assets                 $     271,805  $     255,972  $     198,763
                                 =============  =============  =============

Current liabilities:
  Current installments of long-
   term debt                     $       4,107  $       6,649  $       6,797
  Accounts payable and accrued
   expenses                             27,787         12,804         15,023
  Due to area developers                14,980         15,390         18,236
  Income taxes payable                       -              -          9,676
  Deferred revenue - current             6,094          6,362          6,051
                                 -------------  -------------  -------------
    Total current liabilities           52,968         41,205         55,783

  Long-term debt, excluding
   current installments                 21,778         22,337         21,691
  Revolving credit facility            110,762        104,592              -
  Deferred revenue - non-current         7,777          8,510          8,059
  Deferred income tax liability          6,705          2,030          3,045
                                 -------------  -------------  -------------
    Total liabilities                  199,990        178,674         88,578
                                 -------------  -------------  -------------

Stockholders' equity:
  Special voting preferred
   stock, $0.01 par value per
   share                                     -              -              -
  Class A common stock, $0.01
   par value per share                     118            122            124
  Class B common stock, $0.01
   par value per share                       9              9              9
  Exchangeable shares, $0.01 par
   value                                    10             10             10
  Additional paid-in capital             2,049          9,044          9,402
  Accumulated other
   comprehensive income (loss),
   net of taxes                         (1,171)          (129)            66
  Retained earnings                     70,800         68,242        100,574
                                 -------------  -------------  -------------
    Total stockholders' equity          71,815         77,298        110,185
                                 -------------  -------------  -------------
    Total liabilities and
     stockholders' equity        $     271,805  $     255,972  $     198,763
                                 =============  =============  =============



                                  Table B
                             Liberty Tax, Inc.
               Condensed Consolidated Statement of Operations
      Unaudited, amounts in thousands, except per share and share data

                                                 Three months ended
                                                     January 31,
                                      -------------------------------------
                                          2015          2014       % change
                                      ------------  ------------  ---------
Revenues:
  Franchise fees                      $        968  $      1,247      -22.4%
  Area developer fees                        1,592         1,311       21.4%
  Royalties and advertising fees            25,457        22,081       15.3%
  Financial products                        13,370         9,864       35.5%
  Interest income                            3,222         3,001        7.4%
  Tax preparation fees, net of
   discounts                                 1,942         2,054       -5.5%
  Other revenue                              1,129         1,182       -4.5%
                                      ------------  ------------  ---------
    Total revenues                          47,680        40,740       17.0%
                                      ------------  ------------  ---------

Operating expenses:
  Employee compensation and benefits        10,546        10,318        2.2%
  Selling, general, and
   administrative expenses                  13,041         9,121       43.0%
  Area developer expense                     9,111         7,909       15.2%
  Advertising expense                        8,161         5,860       39.3%
  Depreciation, amortization, and
   impairment charges                        2,527         2,267       11.5%
                                      ------------  ------------  ---------
    Total operating expenses                43,386        35,475       22.3%
                                      ------------  ------------  ---------
    Income from operations                   4,294         5,265      -18.4%

Other income (expense):
  Foreign currency transaction loss            (35)           (3)        NM
  Gain on sale of available-for-sale
   securities                                    -         1,995     -100.0%
  Interest expense                            (683)         (464)     -47.2%
                                      ------------  ------------  ---------
    Income before income taxes               3,576         6,793      -47.4%
  Income tax expense                         1,657         2,737      -39.5%
                                      ------------  ------------  ---------
    Net Income                        $      1,919  $      4,056      -52.7%
                                      ============  ============  =========

  Net income attributable to common
   stockholders Class A and Class B   $      1,779  $      3,766      -52.8%
                                      ============  ============  =========

Net income per share of Class A and
 Class B common stock
  Basic                               $       0.14  $       0.29      -51.7%
  Diluted                                     0.13          0.28      -53.6%

Weighted-average basic shares
 outstanding                            12,679,286    12,991,857       -2.4%
Weighted-average diluted shares
 outstanding                            14,227,163    14,654,666       -2.9%



                                  Table C
                             Liberty Tax, Inc.
               Condensed Consolidated Statement of Operations
      Unaudited, amounts in thousands, except per share and share data

                                                  Nine months ended
                                                      January 31,
                                      -------------------------------------
                                          2015          2014       % change
                                      ------------  ------------  ---------
Revenues:
  Franchise fees                      $      2,996  $      3,172       -5.5%
  Area developer fees                        5,066         4,994        1.4%
  Royalties and advertising fees            28,350        24,710       14.7%
  Financial products                        14,027        10,482       33.8%
  Interest income                            7,200         7,435       -3.2%
  Tax preparation fees, net of
   discounts                                 2,848         2,682        6.2%
  Other revenue                              2,766         2,647        4.5%
                                      ------------  ------------  ---------
    Total revenues                          63,253        56,122       12.7%
                                      ------------  ------------  ---------

Operating expenses:
  Employee compensation and benefits        28,626        24,603       16.4%
  Selling, general, and
   administrative expenses                  30,919        23,131       33.7%
  Area developer expense                    10,776         9,442       14.1%
  Advertising expense                       14,022        11,051       26.9%
  Depreciation, amortization, and
   impairment charges                        6,855         5,590       22.6%
                                      ------------  ------------  ---------
    Total operating expenses                91,198        73,817       23.5%
                                      ------------  ------------  ---------
    Loss from operations                   (27,945)      (17,695)      57.9%

Other income (expense):
  Foreign currency transaction loss            (45)          (15)    -200.0%
  Gain on sale of available-for-sale
   securities                                    -         2,183     -100.0%
  Interest expense                          (1,550)       (1,066)     -45.4%
                                      ------------  ------------  ---------
    Loss before income taxes               (29,540)      (16,593)      78.0%
  Income tax benefit                       (11,487)       (6,244)      84.0%
                                      ------------  ------------  ---------
    Net loss                          $    (18,053) $    (10,349)      74.4%
                                      ============  ============  =========

Net loss per share of Class A and
 Class B common stock
  Basic and diluted                   $      (1.42) $      (0.80)      77.5%

Weighted-average shares outstanding     12,742,288    12,937,734       -1.5%



                                  Table D
                             Liberty Tax, Inc.
              Condensed Consolidated Statements of Cash Flows
                      Unaudited, amounts in thousands

                                                       Nine months ended
                                                          January 31,
                                                       2015         2014
                                                   -----------  -----------
Cash flows from operating activities:
  Net loss                                         $   (18,053) $   (10,349)
  Adjustments to reconcile net loss to net cash
   used in operating activities:
    Provision for doubtful accounts                      4,453        5,886
    Depreciation, amortization and impairment
     charges                                             6,855        5,590
    Stock-based compensation expense related to
     equity classified awards                            2,002        1,394
    Stock-based compensation income related to
     liability classified awards                             -         (872)
    Gain on bargain purchases and sales of
     Company-owned offices                                (310)        (629)
    Deferred tax expense                                   144          955
    Gain on sale of available-for-sale securities            -       (2,183)
    Changes in other assets and liabilities            (49,312)     (50,642)
                                                   -----------  -----------
      Net cash used in operating activities            (54,221)     (50,850)
                                                   -----------  -----------

Cash flows from investing activities:
  Issuance of operating loans to franchisees           (74,298)     (62,218)
  Payments received on operating loans to
   franchisees                                          16,410        1,532
  Purchases of Company-owned offices, area
   developer rights, and acquired customer lists        (8,218)      (6,585)
  Proceeds from sale of Company-owned offices and
   area developer rights                                 3,690        2,368
  Proceeds from sale of available-for-sale
   securities                                                -        5,163
  Purchases of property, equipment, and software        (9,532)      (7,652)
                                                   -----------  -----------
      Net cash used in investing activities            (71,948)     (67,392)
                                                   -----------  -----------

Cash flows from financing activities:
  Proceeds from the exercise of stock options           10,053        6,122
  Repurchase of common stock                           (35,910)      (5,174)
  Repayment of amounts due to former area
   developers                                           (4,211)      (1,439)
  Repayment of other long-term debt                       (949)      (1,458)
  Borrowings under revolving credit facility           136,565      110,694
  Repayments under revolving credit facility           (25,803)      (6,102)
  Payment for debt issue costs                            (917)           -
  Tax benefit of stock option exercises                  4,776          554
                                                   -----------  -----------
      Net cash provided by financing activities         83,604      103,197

Effect of exchange rate changes on cash, net              (365)        (226)
                                                   -----------  -----------
      Net decrease in cash and cash equivalents        (42,930)     (15,271)
Cash and cash equivalents at beginning of period        46,080       19,013
                                                   -----------  -----------
Cash and cash equivalents at end of period         $     3,150  $     3,742
                                                   ===========  ===========

Supplementary cash flow data:
  Cash paid for interest, net of capitalized
   interest                                        $       948  $       851
  Cash paid for taxes, net of refunds                   10,849        6,388



                                    Table E
                              Liberty Tax, Inc.
                       Non-GAAP Financial Information
           Unaudited, amounts in thousands, except per share data

We report our financial results in accordance with U.S. 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.

                     Three Months Ended January 31, 2015
----------------------------------------------------------------------------
                                 Income             Income
                                  from              before     Net   Diluted
            Revenues  Expenses Operations  EBITDA    Taxes   Income    EPS
            -------- --------- ---------- -------- -------- -------- -------

As Reported $ 47,680 $  43,386 $    4,294 $  6,786 $  3,576 $  1,919 $  0.13

Adjustments:
Litigation
 costs           (6)   (4,066)      4,060    4,060    4,060    2,179    0.16
            -------- --------- ---------- -------- -------- -------- -------
  Subtotal
   of
   adjustments   (6)   (4,066)      4,060    4,060    4,060    2,179    0.16
            ======== ========= ========== ======== ======== ======== =======

As Adjusted   47,674    39,320      8,354   10,846    7,636    4,098    0.29
            ======== ========= ========== ======== ======== ======== =======

Stock-based
 compensation
 expense           -     (494)        494      494


                     Three Months Ended January 31, 2014
----------------------------------------------------------------------------
                                 Income             Income
                                  from              before     Net   Diluted
            Revenues  Expenses Operations  EBITDA    Taxes   Income    EPS
            -------- --------- ---------- -------- -------- -------- -------

As Reported $ 40,740 $  35,475 $    5,265 $  9,524 $  6,793 $  4,056 $  0.28

Adjustments:
Gain on
 available-
 for-sale
 securities        -         -          -  (1,995)  (1,995)  (1,191)  (0.08)
Restatement
 costs             -      (63)         63       63       63       38       -
Litigation
 costs           (3)         -        (3)      (3)      (3)      (2)       -
            -------- --------- ---------- -------- -------- -------- -------
  Subtotal
   of
   adjustments   (3)      (63)         60  (1,935)  (1,935)  (1,155)  (0.08)
            ======== ========= ========== ======== ======== ======== =======

As Adjusted   40,737    35,412      5,325    7,589    4,858    2,901    0.20
            ======== ========= ========== ======== ======== ======== =======

Stock-based
 compensation
 expense           -     (653)        653      653



                                   Table F
                              Liberty Tax, Inc.
                       Non-GAAP Financial Information
           Unaudited, amounts in thousands, except per share data

We report our financial results in accordance with U.S. 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.

                     Nine Months Ended January 31, 2015
----------------------------------------------------------------------------
                                                                      Basic
                                                    Loss               and
                             Loss from             before            Diluted
         Revenues  Expenses Operations   EBITDA    Taxes    Net Loss   EPS
         -------- --------- ---------- --------- --------- --------- -------

As
Reported $ 63,253 $  91,198 $ (27,945) $(21,135) $(29,540) $(18,053) $(1.42)

Adjustments:
Executive
 severance
 (1)            -   (1,617)      1,617     1,617     1,617       988    0.08
Litigation
 costs       (47)   (6,196)      6,149     6,149     6,149     3,758    0.30
         -------- --------- ---------- --------- --------- --------- -------
  Subtotal
   of
   adjust
   ments     (47)   (7,813)      7,766     7,766     7,766     4,746    0.38
         ======== ========= ========== ========= ========= ========= =======

As
Adjusted   63,206    83,385   (20,179)  (13,369)  (21,774)  (13,307)  (1.04)
         ======== ========= ========== ========= ========= ========= =======

Stock-
 based
 compensation
 expense(3)     -   (1,408)     1,408     1,408



                     Nine Months Ended January 31, 2014
----------------------------------------------------------------------------
                                                                      Basic
                                                   Loss                and
                             Loss from             before            Diluted
         Revenues  Expenses Operations   EBITDA    Taxes    Net Loss   EPS
         -------- --------- ---------- --------- --------- --------- -------

As
Reported $ 56,122 $  73,817 $ (17,695) $ (9,937) $(16,593) $(10,349) $(0.80)

Adjustments:
Gain on
 available-
 for-sale
 securities     -         -          -   (2,183)   (2,183)   (1,362)  (0.11)
Executive
 severance
 (1)            -     (614)        614       614       614       383    0.03
Reclassification
 of stock-
 based
 compensation
 expense(2)     -       872      (872)     (872)     (872)     (544)  (0.04)
Restatement
costs           -     (855)        855       855       855       533    0.04
Litigation
 costs       (49)      (60)         11        11        11         7       -
         -------- --------- ---------- --------- --------- --------- -------
 Subtotal
 of
 adjustments (49)     (657)        608   (1,575)   (1,575)     (983)  (0.08)
         ======== ========= ========== ========= ========= ========= =======

As
 Adjusted  56,073    73,160   (17,087)  (11,512)  (18,168)  (11,332)  (0.88)
         ======== ========= ========== ========= ========= ========= =======

Stock-
 based
 compensation
 expense(3)     -   (1,294)     1,294     1,294


(1) Includes stock based compensation expense
(2) Related to conversion from equity to liability instruments
(3) Excludes costs related to executive severance



                                  Table G
                             Liberty Tax, Inc.
                              Operational Data
                                 Unaudited

                                                                   Percent
Tax returns processed1                  CYTD 1/31/15 CYTD 1/31/14   Change
                                        ------------ ------------ ---------
  U.S. offices                               456,000      410,000      11.2%
  Online                                      29,000       27,000       7.4%
                                        ------------ ------------ ---------
    Total tax returns processed              485,000      437,000      11.0%
                                        ============ ============ =========

                                                                   Percent
Tax returns processed1                  CYTD 2/28/15 CYTD 2/28/14   Change
                                        ------------ ------------ ---------
  U.S. offices                             1,140,000    1,148,000      -0.7%
  Online                                      86,000      102,000     -15.7%
                                        ------------ ------------ ---------
    Total tax returns processed            1,226,000    1,250,000      -1.9%
                                        ============ ============ =========

1Return counts are rounded to the thousands and percentages are calculated
 on rounded amounts

The Company will provide an update of operational results through season end shortly after the tax season ends.

CONTACTS:
Investors:

Kathy Donovan
Liberty Tax, Inc.
Vice President, Chief Financial Officer
(757) 493-8855
investorrelations@libtax.com

Media:
Martha O'Gorman
Liberty Tax, Inc.
Chief Marketing Officer
(757) 301-8022
martha@libtax.com

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