Income Taxes

As a result of the Company's formation and IPO, collectively referred to as the reorganization, the operating business entities of the Company were restructured and a portion of the Company's income is subject to U.S. federal, state, local and foreign income taxes and is taxed at the prevailing corporate tax rates. Taxes Payable as of December 31, 2017 and 2016 were $16,494 and $27,321, respectively.

On December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 ("SAB 118") to address the application of U.S. GAAP in situations when a registrant does not have the necessary information available or computed analysis in reasonable detail to complete the accounting for certain income tax effects of the Tax Cuts and Jobs Act. The Company has recognized a provisional tax impact related to the re-measurement of net deferred tax assets, the write down of other comprehensive income related to certain foreign subsidiaries, the valuation allowance and effects of the mandatory deemed repatriation tax on undistributed earnings of foreign subsidiaries within its consolidated financial statements for the year ended December 31, 2017. The Company’s estimated tax charge as a result of the Tax Cuts and Jobs Act could be subject to adjustments as the Company continues its analysis, which may be impacted by changes in interpretations and assumptions the Company has made in conjunction with the release of additional regulatory guidance that may be issued. The Company expects to record any adjustments to the estimated tax impact associated with the Tax Cuts and Jobs Act in the period in which the items are recognized.

The following table presents the U.S. and non-U.S. components of Income before income tax expense:



	For the Years Ended December 31,
	2017		2016		2015
U.S.	$	379,407	$	204,920	$	81,157
Non-U.S.	4,489		21,911		38,736
Income before Income Tax Expense^(a)	$	383,896	$	226,831	$	119,893


(a)	Net of Noncontrolling Interest.

The components of the provision for income taxes reflected on the Consolidated Statements of Operations for the years ended December 31, 2017, 2016 and 2015 consist of:



	For the Years Ended December 31,
	2017			2016			2015
Current:
Federal	$	85,371		$	79,596		$	56,064
Foreign	9,796			10,832			9,798
State and Local	14,955			18,832			14,795
Total Current	110,122			109,260			80,657
Deferred:
Federal	150,800			11,510			(1,196		)
Foreign	(3,464		)	(1,439		)	659
State and Local	984			(28		)	(3,090		)
Total Deferred	148,320			10,043			(3,627		)
Total	$	258,442		$	119,303		$	77,030

A reconciliation between the federal statutory income tax rate and the Company's effective income tax rate for the years ended December 31, 2017, 2016 and 2015 is as follows:



	For the Years Ended December 31,
	2017		2016		2015
Reconciliation of Federal Statutory Tax Rates:
U.S. Statutory Tax Rate	35.0	%	35.0	%	35.0	%
Increase Due to State and Local Taxes	3.1	%	4.8	%	7.0	%
Rate Benefits as a Limited Liability Company/Flow Through	(2.3	)%	(5.9	)%	(5.9	)%
Foreign Taxes	(1.1	)%	0.7	%	1.5	%
Non-Deductible Expenses⁽¹⁾	1.6	%	9.9	%	19.9	%
ASU 2016-09 Benefit for Stock Compensation	(5.5	)%	—	%	—	%
Tax Cuts and Jobs Act - Reduction to Tax Receivable Agreement Liability	(5.6	)%	—	%	—	%
Tax Cuts and Jobs Act - Primarily Related to the Re-measurement of Net Deferred Tax Assets	32.7	%	—	%	—	%
Valuation Allowances	1.1	%	—	%	—	%
Other Adjustments	0.1	%	—	%	(0.3	)%
Effective Income Tax Rate	59.1	%	44.5	%	57.2	%


(1)	Primarily related to non-deductible share-based compensation expense.

In conjunction with the enactment of the Tax Cuts and Jobs Act on December 22, 2017, which reduced income tax rates in the U.S. in future years, the Company's tax provision for 2017 includes a charge of $143,261, resulting from the estimated re-measurement of net deferred tax assets, which relates principally to temporary differences between book and tax, primarily related to the step-up in basis associated with the exchange of partnership units, deferred compensation, amortization of goodwill and intangible assets and depreciation of fixed assets and leasehold improvements, as well as the write-down of foreign currency related deferred tax assets. This charge, as well as the reduction in the liability for amounts due pursuant to the Company's tax receivable agreement, resulted in an increase in the effective tax rate of 27.1 percentage points for 2017. See Note 18 for further information. The effective tax rate for the year ended December 31, 2017 also reflects the application of ASU 2016-09, which was adopted effective January 1, 2017. ASU 2016-09 requires that the tax deduction associated with the appreciation in the Company's share price upon vesting of employee share-based awards above the original grant price be reflected in income tax expense. The application of ASU 2016-09 resulted in excess tax benefits from the delivery of Class A Shares under share-based payment arrangements of $24,003 being recognized in the Company's Provision for Income Taxes for the year ended December 31, 2017 and resulted in a reduction in the effective tax rate of 5.5 percentage points for 2017. The effective tax rate for 2017 and 2016 also reflects the effect of certain nondeductible expenses, including expenses related to Class E, J, I-P and K-P LP Units and Class G and H LP Interests, as well as the noncontrolling interest associated with LP Units and other adjustments. In addition, the effective tax rate for the year ended December 31, 2017 was impacted by a valuation allowance on deferred tax assets related to Evercore Brazil.

Due to the enactment of the Tax Cuts and Jobs Act on December 22, 2017, the previous undistributed earnings of certain foreign subsidiaries are subject to a mandatory deemed repatriation tax. Income taxes paid or payable to foreign jurisdictions partially reduce the repatriation tax as a foreign tax credit, based on a formula that includes earnings of certain foreign subsidiaries. The Company has computed the repatriation tax and determined that it should have sufficient foreign tax credits to offset the estimated charge; any additional liability would be immaterial.

Deferred income taxes are provided for the effects of temporary differences between the tax basis of an asset or liability and its reported amount in the Consolidated Statements of Financial Condition. These temporary differences result in taxable or deductible amounts in future years. Details of the Company's deferred tax assets and liabilities as of December 31, 2017 and 2016 were as follows:



	December 31,
	2017			2016
Deferred Tax Assets:
Depreciation and Amortization	$	26,319		$	31,475
Compensation and Benefits	46,697			54,410
Step up in tax basis due to the exchange of LP Units for Class A Shares	106,360			202,257
Other	46,165			44,065
Total Deferred Tax Assets	$	225,541		$	332,207
Deferred Tax Liabilities:
Goodwill, Intangible Assets and Other	$	20,241		$	25,273
Total Deferred Tax Liabilities	$	20,241		$	25,273
Net Deferred Tax Assets Before Valuation Allowance	$	205,300		$	306,934
Valuation Allowance	(6,406		)	(1,510		)
Net Deferred Tax Assets	$	198,894		$	305,424

The $106,530 decrease in net deferred tax assets from December 31, 2016 to December 31, 2017 was primarily attributable to a decrease from the estimated re-measurement of net deferred tax assets resulting from the enactment of the Tax Cuts and Jobs Act on December 22, 2017. The re-measurement includes a charge of $143,261 resulting from the estimated re-measurement of net deferred tax assets, which relates principally to temporary differences between book and tax, primarily related to the step-up in basis associated with the exchange of partnership units, deferred compensation, amortization of goodwill and intangible assets and depreciation of fixed assets and leasehold improvements, as well as the write-down of foreign currency related deferred tax assets.

During 2017, the LP holders exchanged for Class A Shares and the Company purchased 1,218 Class A and Class E LP Units, which resulted in an increase in the tax basis of the tangible and intangible assets of Evercore LP. The exchange of Class E and certain Class A LP Units resulted in a $27,765 step-up in the tax basis of the tangible and intangible assets of Evercore LP and a corresponding increase to Additional Paid-In-Capital on the Company's Consolidated Statement of Financial Condition as of December 31, 2017. Further, the exchange of 214 of such Class A LP Units triggered an additional liability under the tax receivable agreement that was entered into in 2006 between the Company and the LP Unit holders. The agreement provides for a payment to the LP Unit holders of 85% of the cash tax savings (if any), resulting from the increased tax benefits from the exchange and for the Company to retain 15% of such benefits. Accordingly, Deferred Tax Assets, Amounts Due Pursuant to Tax Receivable Agreements and Additional Paid-In-Capital increased $7,961, $6,767 and $1,194, respectively, on the Company's Consolidated Statement of Financial Condition as of December 31, 2017. See Note 14 for further discussion. This amount was offset by a $15,082 reduction in deferred tax assets related to the 2017 amortization of the tax basis in the tangible and intangible assets of Evercore LP and a write-down of $88,776 due to the re-measurement resulting from the enactment of the Tax Cuts and Jobs Act discussed above.

The Company reported a decrease in deferred tax assets of $207 associated with changes in Unrealized Gain (Loss) on Marketable Securities and a decrease of $4,046 associated with changes in Foreign Currency Translation Adjustment Gain (Loss), in Accumulated Other Comprehensive Income (Loss) for the year ended December 31, 2017. The Company reported an increase in deferred tax assets of $688 associated with changes in Unrealized Gain (Loss) on Marketable Securities and an increase of $9,347 associated with changes in Foreign Currency Translation Adjustment Gain (Loss), in Accumulated Other Comprehensive Income (Loss) for the year ended December 31, 2016.

As a result of the impairment of the Company's investment in G5, Management has weighed both the positive and negative evidence and determined that the associated deferred tax asset will more likely than not, not be realized and therefore a valuation allowance of $4,896 is appropriate. The Company's affiliates generated approximately $5,054 of NYC unincorporated business tax credit carryforwards; a portion are set to expire in the 2017 tax year. Management has weighed both the positive and negative evidence and determined that it was appropriate to establish a valuation allowance of $1,510, on the amount of credits that are not expected to be realized.

The Company classifies interest relating to tax matters and tax penalties as a component of income tax expense in its Consolidated Statements of Operations. Related to the unrecognized tax benefits, the Company did not recognize any interest and penalties during the years ended December 31, 2017 and 2016. The Company had no unrecognized tax benefits from January 1, 2015 through December 31, 2017.

The Company is subject to taxation in the U.S. and various state, local and foreign jurisdictions. The Company and its affiliates are currently under examination by New York City for tax years 2011 through 2014. With a few exceptions, the Company is no longer subject to U.S. federal, state, local or foreign examinations by taxing authorities for years before 2013.