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): August 16, 2005
HOME PRODUCTS INTERNATIONAL, INC.
(Exact name of Registrant as Specified in Its Charter)
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Delaware
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0-17237
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36-4147027 |
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(State or Other Jurisdiction of
Incorporation)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.) |
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4501
West
47th Street
Chicago, IL 60632
(Address of principal executive offices) (Zip Code)
(773) 890-1010
(Registrants telephone number, including area code)
(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):
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o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12(b)) |
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o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
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o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)) |
Item 4.02. Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or
Completed Interim Review.
(a) On August 16, 2005, senior management of Home Products International, Inc. (the Company)
determined that the Companys financial statements for the quarter ended April 2, 2005 and the
fiscal year ended January 1, 2005, including the quarterly
periods within that fiscal year (the Financial
Statements), should no longer be relied on
because the accounting treatment regarding a deferred tax liability
related to goodwill and certain other adjustments were inaccurately
reflected in those Financial Statements. This conclusion was reviewed
with and agreed to by the Audit Committee of the Companys Board of Directors. As a result, the Company
determined it would be appropriate to restate the Financial Statements.
Beginning in 2004, the Company accounted for its deferred tax liability related to goodwill as
a reversing taxable temporary difference. Following Statement of
Financial Accounting Standards No. 142,
Goodwill and Other Intangible Assets, the deferred tax liability related to the Companys goodwill
should have been considered as a liability related to an asset with
an indefinite life which could not support the realization of deferred tax assets. Therefore, the Company will record
additional deferred tax expense of $2.9 million, to increase its deferred tax valuation allowance
for fiscal year 2004 and additional deferred tax expense of $0.7 million for the first
quarter of fiscal year 2005. These non-cash adjustments have no
impact on the Companys compliance with covenants
related to either its $60 million revolving credit
facility of which $25.0 million was outstanding as of
January 1, 2005 and $11.8 million as of April 2, 2005, its 9 5/8% Senior
Subordinated Notes due 2008 of which $116 million was outstanding at January 1, 2005 and on April
2, 2005, or its payment of incentives to management. In conjunction with this restatement the Company will also
make adjustments to correct errors that were identified in connection
with the second quarter fiscal year 2005 close process related to its
accounting for an operating lease and its accounting for its Mexico
subsidiary. These adjustments are all non-cash entries but will
reduce net income by $0.5 million for fiscal year 2004.
The revised accounting treatment of the deferred tax liability related to goodwill will be
reflected in the Companys Quarterly Report on Form 10-Q for the second quarter ended July 2, 2005
to be filed with the Securities and Exchange Commission by August 22, 2005. The Company will file
an amendment to its Annual Report on Form 10-K for the fiscal year ended January 1, 2005 to restate
the 2004 Financial Statements shortly thereafter as well as an amendment to its Quarterly
Report on Form 10-Q for the quarter ended April 2, 2005.
The Companys senior management and the Audit Committee of the Companys Board of Directors
have discussed the matters described in this Current Report on Form
8-K with KPMG LLP, independent registered public accounting firm.
After
reviewing the circumstances leading up to the restatement, the
Company and the Audit Committee believe that the errors were
inadvertent and unintentional. However, a review of the internal
control processes in the area of income tax accounting indicate that
the Companys disclosure controls and procedures were not
effective as of January 1, 2005 and through the date of this
filing, because of a material weakness in internal control over
financial reporting with respect to accounting for income taxes.
Management has designed and is in the process of implementing certain improvements in its internal
control over financial reporting to address the tax accounting error
and will test these controls in subsequent accounting periods.
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 thereunto duly authorized.
Date: August 22, 2005
HOME PRODUCTS INTERNATIONAL, INC.
(Registrant)
By: /s/ Don Hotz
Name: Don Hotz
Title: Senior Vice President and Chief Financial Officer