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Income Taxes
12 Months Ended
Dec. 31, 2017
Income Taxes  
Income Taxes

(6) Income Taxes

 

The components of income before income taxes are as follows

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Years ended December 31,

 

 

    

2017

 

2016

 

2015

 

 

 

(in thousands)

 

United States

 

$

35,050

 

$

21,634

 

$

11,319

 

Foreign

 

 

961

 

 

2,312

 

 

1,456

 

Income before income taxes

 

$

36,011

 

$

23,946

 

$

12,775

 

 

The components of income tax (benefit) expense for the three years ended December 31, 2017 were as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

Federal

 

State

 

Foreign

 

Total

 

 

 

(in thousands)

 

2017

 

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

(58)

 

$

284

 

$

20

 

$

246

 

Deferred

 

 

(31,198)

 

 

4,805

 

 

 —

 

 

(26,393)

 

Total

 

$

(31,256)

 

$

5,089

 

$

20

 

$

(26,147)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2016

 

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

324

 

$

14

 

$

440

 

$

778

 

Deferred

 

 

8,807

 

 

292

 

 

 —

 

 

9,099

 

Total

 

$

9,131

 

$

306

 

$

440

 

$

9,877

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015

 

 

 

 

 

 

 

 

 

 

 

 

 

Current

 

$

(208)

 

$

13

 

$

476

 

$

281

 

Deferred

 

 

4,871

 

 

1,163

 

 

 —

 

 

6,034

 

Total

 

$

4,663

 

$

1,176

 

$

476

 

$

6,315

 

 

The following is a reconciliation of the federal income tax (benefit) expense at the statutory rate of 34% to the effective income tax expense:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Years Ended December 31,

 

 

 

2017

 

2016

 

2015

 

 

 

(in thousands)

 

Statutory federal income tax expense

    

$

12,244

    

$

8,142

    

$

4,343

 

State taxes, net of federal benefit

 

 

3,360

 

 

202

 

 

776

 

Foreign tax paid

 

 

20

 

 

440

 

 

476

 

Change in federal tax rate

 

 

(43,643)

 

 

 —

 

 

 —

 

Tax consequences of the sale of engines to WMES

 

 

164

 

 

 —

 

 

(306)

 

Uncertain tax positions

 

 

 —

 

 

(40)

 

 

(195)

 

Permanent differences-nondeductible executive compensation

 

 

1,238

 

 

1,201

 

 

1,117

 

Permanent differences and other

 

 

470

 

 

(68)

 

 

104

 

Effective income tax (benefit) expense

 

$

(26,147)

 

$

9,877

 

$

6,315

 

 

The Company records tax expense or benefit for unusual or infrequent items discretely in the period in which they occur.

 

The following table summarizes the activity related to the Company’s unrecognized tax benefits:

 

 

 

 

 

 

 

    

(in thousands)

 

Balance as of December 31, 2014

 

$

464

 

Increases related to current year tax positions

 

 

 5

 

Decreases due to tax positions released

 

 

(195)

 

Balance as of December 31, 2015

 

 

274

 

Increases related to current year tax positions

 

 

 4

 

Decreases due to tax positions released

 

 

(72)

 

Balance as of December 31, 2016

 

 

206

 

Increases related to current year tax positions

 

 

 4

 

Decreases due to tax positions expired

 

 

(19)

 

Balance as of December 31, 2017

 

$

191

 

 

No reserve was established as of December 31, 2017 and December 31, 2016 for the exposure in Europe. If the Company is able to eventually recognize these uncertain tax positions, all of the unrecognized benefit would reduce the Company’s effective tax rate.

 

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities are presented below:

 

 

 

 

 

 

 

 

 

 

 

As of December 31,

 

 

    

2017

    

2016

 

 

 

(in thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

Unearned lease revenue

 

$

1,754

 

$

1,839

 

State taxes

 

 

1,653

 

 

1,035

 

Reserves and allowances

 

 

2,531

 

 

1,659

 

Other accruals

 

 

643

 

 

2,501

 

Alternative minimum tax credit

 

 

 —

 

 

335

 

Foreign tax credit

 

 

42

 

 

42

 

Net operating loss carry forward

 

 

29,874

 

 

35,693

 

Charitable contributions

 

 

22

 

 

52

 

Total deferred tax assets

 

 

36,519

 

 

43,156

 

Less: valuation allowance

 

 

(806)

 

 

(1,280)

 

Net deferred tax assets

 

 

35,713

 

 

41,876

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Depreciation and impairment on aircraft engines and equipment

 

 

(114,347)

 

 

(147,827)

 

Other deferred tax assets (liabilities)

 

 

437

 

 

422

 

Net deferred tax liabilities

 

 

(113,910)

 

 

(147,405)

 

 

 

 

 

 

 

 

 

Other comprehensive loss deferred tax asset

 

 

(83)

 

 

551

 

 

 

 

 

 

 

 

 

Net deferred tax liabilities

 

$

(78,280)

 

$

(104,978)

 

 

As of December 31, 2017, the Company had net operating loss carry forwards of approximately $138.0 million for federal tax purposes and $1.0 million for state tax purposes. The federal net operating loss carry forwards will expire at various times from 2023 to 2037 and the state net operating loss carry forwards will expire at various times from 2023 to 2037. During 2014, a valuation allowance of $1.3 million was established for the net operating losses expiring in California for the periods 2017 to 2024. The Company’s ability to utilize the net operating loss and tax credit carry forwards in the future may be subject to restriction in the event of past or future ownership changes as defined in Section 382 of the Internal Revenue Code and similar state tax law. As of December 31, 2017, the Company included the alternative minimum tax credit of approximately $0.4 million for federal income tax purposes as a tax receivable and will recognize this credit between 2-4 years to offset future regular tax liabilities. Management believes that no valuation allowance is required on deferred tax assets related to federal net operating loss carry forwards, as it is more likely than not that all amounts are recoverable through future taxable income. The open tax years for federal and state tax purposes are from 2014-2017 and 2013-2017, respectively.

 

The decrease in the Company’s valuation allowance is related to the increase in California’s state apportionment percentage due to the Company’s increased leases with US airlines, in particular to the 2015 spare engine support of Southwest’s fleet of Boeing 737NG aircraft.  As a result of this increase, the Company is able to utilize the California net operating losses (“NOL’s”) and reduce the valuation allowance.

 

On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the “Act”) was signed into law, making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a corporate tax rate decrease from 35% to 21% effective for tax years beginning after December 31, 2017, the transition of U.S. international taxation from a worldwide tax system to a territorial system, and a one-time transition tax on the mandatory deemed repatriation of cumulative foreign earnings as of December 31, 2017. The Company has calculated the impact of the Act in the year end income tax provision in accordance with management’s understanding of the Act and guidance available as of the date of this filing and as a result have recorded a $39.6 million  income tax benefit in the fourth quarter of 2017, the period in which the legislation was enacted. The amount related to the remeasurement of certain deferred tax assets and liabilities, based on the rates at which they are expected to reverse in the future, was $43.6 million, which reduced the fourth quarter tax expense of $4 million to a benefit of $39.6 million.