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Income Taxes
3 Months Ended
Mar. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The Company recorded an income tax (benefit)provision inclusive of a valuation allowance of $(8,598) and $74 for the three months ended March 31, 2020 and 2019, respectively, reflecting a positive effective income tax rate of 6% for the three months ended March 31, 2020 and a negative effective income tax rate of 3% for the three months ended March 31, 2019. For the three months ended March 31, 2020 and 2019, the Company calculated its income tax provision using the estimated annual effective tax rate methodology.
On December 22, 2017, the President of the United States signed into law H.R.1, formerly known as the Tax Cuts and Jobs Act (the “Tax Legislation”). The Tax Legislation significantly revises the U.S. tax code by among other items lowering the U.S federal statutory income tax rate from 35% to 21%. The Company has computed its income tax provision for the three months ended March 31, 2020 and 2019 considering this new rate. The Company also initially recorded the applicable impact of the Tax Legislation within its provision for income taxes in the year ended December 31, 2017.
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted in the United States and has various tax provisions, including modifications to the net operating loss (NOL) limitation, which provides for a 5-year carryback for NOLs arising in taxable years beginning in 2018, 2019 and 2020. The CARES Act also classifies Qualified Improvement Property (“QIP”) as 15-year property, which was assigned as 39-year property and was not eligible for bonus depreciation under the Tax Cuts and Jobs Act. The Company as a result of the CARES Act recognized a benefit of approximately $8,652 for reclassifying QIP and other benefits derived from carrying back the losses to prior years. The Company is also evaluating potential opportunities from other tax provisions in the CARES Act, but does not expect the impact to be material.
As of March 31, 2020 and December 31, 2019, the Company maintained a full valuation allowance against its net deferred tax assets.
As of March 31, 2020, the Company had $1,155 of unrecognized tax benefits and it is reasonably possible that the entire amount could be realized by the Company in the year ending December 31, 2020, since the related income tax returns may no longer be subject to audit in 2020.
From time to time, the Company is under audit by federal, state, and local tax authorities and the Company may be liable for additional tax obligations and may incur additional costs in defending any claims that may arise.
The following state and local jurisdictions are currently examining our respective returns for the years indicated: New York State (2006 through 2014), and New York City (2006 through 2017).
In particular, the Company disagrees with the assessment dated November 30, 2017, from New York State related to tax years 2006 through 2009 for approximately $5,097, inclusive of approximately $2,419 of interest. The Company has appealed the assessment with the New York State Division of Tax Appeals for these tax years. In a letter dated December 27, 2019, the Company was notified of an adjustment for an amount of approximately $2,749, inclusive of approximately $840 in interest for tax years 2010 through 2014. Also, in a letter dated August 16, 2019, New York State has also opened the audit period for years 2015-2017. The Company disagrees with the proposed assessment and has consented to extend such assessment period through December 31, 2020.
The Company is also under examination in New York City (2006 through 2017). New York City Department of Finance has proposed an audit change notice to the Company dated May 2, 2018, for the tax years ended December 31, 2006 through December 31, 2009 for proposed general corporation tax liability in the amount of $8,935, inclusive of $4,138 in interest. In a letter dated January 18, 2019, the New York City Department of Finance has issued a proposed general tax liability of $5,599, inclusive of $1,569 in interest for audit periods 2010 to 2014. Also, in a letter dated June 3, 2020, the New York City department of finance has also opened the audit period for the years 2015-2017. The Company disagrees with the proposed assessment and has consented to extend such assessment period through December 31, 2021.
The Company has not recorded a tax reserve related to these proposed assessments. It is difficult to predict the final outcome or timing of resolution of any particular matter regarding these examinations. An estimate of the reasonably possible changes to unrecognized tax benefits within the next 12 months cannot be made.