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Note 12 - Income Taxes
6 Months Ended
Jun. 30, 2016
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
12.
INCOME TAXES
The provisions for income taxes are summarized as follows (in thousands):
 
 
 
Six Months Ended
June 30,
 
 
 
201
6
 
 
2015
 
                 
Income tax provision:
               
Current:
               
Federal
  $ 170     $ --  
State
    120       --  
Total current
    290       --  
                 
Deferred:
               
Federal
    2,486       1,735  
State
    405       523  
Valuation allowance
    (897 )     (120 )
Total deferred
    1,994       2,138  
                 
Total
  $ 2,284     $ 2,138  
 
The reasons for the differences between the statutory federal income tax rates and the effective tax rates are summarized as follows (dollars in thousands):
 
 
 
Six Months Ended June 30,
 
 
 
2016
 
 
2015
 
                                 
Taxes at statutory federal income tax rate
  $ 3,559       35.0 %   $ 2,359       34.0 %
Increase (decrease)
resulting from:
                               
Graduated tax rates
    (100 )     (1.0 )     --       --  
State income tax—net of federal benefits
    361       3.6       226       3.3  
Valuation allowance—net
    (897 )     (8.8 )     --       --  
Earnings on life
insurance policies
    (274 )     (2.7 )     (251 )     (3.6 )
Nontaxable investments
    (284 )     (2.8 )     (302 )     (4.4 )
Other—net
    (81 )     (0.8 )     106       1.5  
                                 
Total
  $ 2,284       22.5 %   $ 2,138       30.8 %
 
The Company accounts for income taxes under the asset and liability method, which requires the recognition of deferred tax assets and liabilities for expected future tax consequences of events that have been included in the financial statements. Under this method, deferred tax assets and liabilities are determined on the basis of the differences between the financial statement and tax basis of assets and liabilities using enacted tax rates in effect for the year in which the differences are expected to reverse. The effect of a change in tax rates on deferred tax assets and liabilities are adjusted through the provision for income taxes.
 
 
The Company’s temporary differences and carryforwards that give rise to deferred tax assets and liabilities are comprised of the following (in thousands):
 
 
 
June 30,
2016
 
 
December 31,
2015
 
                 
Deferred tax assets:
               
Allowance for loan and lease losses
  $ 7,818     $ 7,580  
Discount on purchased loans
    2,298       2,584  
Real estate owned
    1,557       1,743  
Section 382 net operating loss carryforward
    2,045       2,114  
Net operating loss carryforward
    4,801       7,710  
Nonaccrual loan interest
    1,356       1,266  
Other
    1,663       1,365  
                 
Total deferred tax assets
    21,538       24,362  
Valuation allowance
    --       (897 )
Deferred tax asset, net of allowance
    21,538       23,465  
                 
Deferred tax liabilities:
               
Office properties
    (2,871 )     (2,990 )
Core deposit intangible
    (2,428 )     (2,562 )
Unrealized gain on securities available for sale
    (1,123 )     (239 )
Other
    (1,287 )     (961 )
                 
Total deferred tax liabilities
    (7,709 )     (6,752 )
                 
Net deferred tax asset
  $ 13,829     $ 16,713  
 
For the six months ended June 30, 2016, the net deferred tax asset decreased by $2.9 million or 17.3% primarily as a result of a decrease in the net operating loss ("NOL") carryforward which was utilized to offset taxable income for the six months ended June 30, 2016.
 
A financial institution may, for federal income tax purposes, carryback net operating losses to the preceding two taxable years and forward to the succeeding 20 taxable years. At June 30, 2016, the Company had a $17.5 million NOL for federal income tax purposes that will be carried forward. The federal NOL carryforwards, if unused, expire in calendar years 2029 through 2034. The $17.5 million federal NOL includes $6.0 million of Internal Revenue Code (“IRC”) Section 382 NOL carryforwards that have an annual limit of $405,000 that can be utilized to offset taxable income. At June 30, 2016, the Company had a $20.8 million NOL for Arkansas state income tax purposes. The state NOL carryforwards, if unused, expire in calendar years 2016 through 2019.
 
Specifically exempted from deferred tax recognition requirements are bad debt reserves for tax purposes of U.S. savings and loans in the institution’s base year, as defined under Code Section 593(g)(2)(A)(ii). Base year reserves totaled approximately $4.2 million. Consequently, a deferred tax liability of approximately $1.6 million related to such reserves was not provided for in the consolidated statements of financial condition at June 30, 2016 and December 31, 2015. Payment of dividends to stockholders out of retained earnings deemed to have been made out of earnings previously set aside as bad debt reserves may create taxable income to the Bank. No provision has been made for income tax on such a distribution as the Bank does not anticipate making such distributions.
 
Prior to the quarter ended June 30, 2016, the Company had certain deferred tax assets related to net unrealized built-in losses (“NUBILs”) established under IRC Section 382 on May 3, 2011, the date of the Company’s ownership change related to the initial investment by Bear State Financial Holdings, LLC.
If these losses had been realized before May 3, 2016 (five years after the ownership change date), then they would not be allowed to be taken as a deduction and would have been permanently lost. If these losses were to be realized after May 3, 2016, then the future deduction for the losses is no longer limited. As a result of passing the five year anniversary date of the ownership change, during the second quarter of 2016 the Bank reversed the valuation allowance of $0.9 million for the remaining NUBILs.
 
The Company recognizes interest and penalties related to income tax matters as additional income taxes in the consolidated statements of income. The Company had no interest or penalties related to income tax matters during the six months ended June 30, 2016 or 2015. The Company files consolidated income tax returns in the U.S. federal jurisdiction and the states of Arkansas and Missouri while the Bank files in the state of Oklahoma. The Company is subject to U.S. federal and state income tax examinations by tax authorities for tax years ended December 31, 2012 and forward.