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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Taxes  
Income Taxes

(13) Income Taxes

For the years ended December 31, 2014,  2015, and 2016, income tax expense (benefit) from continuing operations consisted of the following (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

Year ended December 31,

 

 

    

2014

    

2015

    

2016

 

Current income tax benefit

 

$

 —

 

 

 —

 

 

(10,984)

 

Deferred income tax expense (benefit)

 

 

445,672

 

 

575,890

 

 

(485,392)

 

Total income tax expense (benefit) from continuing operations

 

$

445,672

 

 

575,890

 

 

(496,376)

 

 

Income tax expense (benefit) from continuing operations differs from the amount that would be computed by applying the U.S. statutory federal income tax rate of 35% to income from continuing operations for the years ended December 31, 2014,  2015, and 2016 as a result of the following (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

Year ended December 31,

 

 

    

2014

    

2015

    

2016

 

Federal income tax expense (benefit)

 

$

391,754

 

 

544,560

 

 

(436,038)

 

State income tax expense (benefit), net of federal benefit

 

 

25,545

 

 

26,983

 

 

(20,364)

 

Nondeductible equity-based compensation

 

 

29,141

 

 

16,441

 

 

3,691

 

Noncontrolling interest in Antero Midstream Partners LP

 

 

(787)

 

 

(13,521)

 

 

(34,780)

 

Change in valuation allowance

 

 

(120)

 

 

570

 

 

(10,852)

 

Other

 

 

139

 

 

857

 

 

1,967

 

Total income tax expense from continuing operations

 

$

445,672

 

 

575,890

 

 

(496,376)

 

 

For the years ended December 31, 2014,  2015, and 2016, income tax expense (benefit) was allocated to continuing and discontinued operations as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

 

 

Year ended December 31,

 

 

    

2014

    

2015

    

2016

 

Continuing operations

 

$

445,672

 

 

575,890

 

 

(496,376)

 

Discontinued operations and sale of discontinued operations

 

 

1,354

 

 

 —

 

 

 —

 

Total income tax expense

 

$

447,026

 

 

575,890

 

 

(496,376)

 

 

Deferred income taxes reflect the impact of temporary differences between assets and liabilities for financial reporting purposes and such amounts as measured by tax laws.  The tax effect of the temporary differences giving rise to net deferred tax assets and liabilities at December 31, 2015 and 2016 is as follows (in thousands):

 

 

 

 

 

 

 

 

 

    

2015

    

2016

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss carryforwards

 

$

521,617

 

 

562,355

 

Minimum tax credit carryforward

 

 

11,000

 

 

 —

 

Equity-based compensation

 

 

16,130

 

 

20,344

 

Other

 

 

18,633

 

 

16,483

 

Total deferred tax assets

 

 

567,380

 

 

599,182

 

Valuation allowance

 

 

(27,209)

 

 

(16,357)

 

Net deferred tax assets

 

 

540,171

 

 

582,825

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Unrealized gains on derivative instruments

 

 

1,167,983

 

 

605,487

 

Oil and gas properties

 

 

708,664

 

 

866,003

 

Investment in Antero Midstream Partners LP

 

 

34,210

 

 

54,052

 

Other

 

 

 —

 

 

7,500

 

Total deferred tax liabilities

 

 

1,910,857

 

 

1,533,042

 

Net deferred tax liabilities

 

$

(1,370,686)

 

 

(950,217)

 

 

In assessing the realizability of deferred tax assets, management considers whether some portion or all of the deferred tax assets will be realized based on a more-likely-than-not standard of judgment.  The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which the Company’s temporary differences become deductible.  Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment.  Based upon the projections of future taxable income over the periods in which the deferred tax assets are deductible, management believes that the Company will not realize the benefits of certain of these deductible differences and has recorded a valuation allowance of approximately $27 million and $16 million at December 31, 2015 and 2016, respectively related to NOL carryforwards primarily attributable to states where the Company no longer operates.  The valuation allowance was reduced in 2016 due to a change in the estimated amount of state NOLs that can be utilized in the future.  The amount of the deferred tax asset considered realizable could be further reduced in the near term if estimates of future taxable income during the carryforward period are revised.

The calculation of the Company’s tax liabilities involves uncertainties in the application of complex tax laws and regulations.  The Company gives financial statement recognition to those tax positions that it believes are more‑likely-than‑not to be sustained upon examination by the Internal Revenue Service or state revenue authorities.  In 2016, the Company reversed unrecognized benefits recorded in prior years due to the expiration of the applicable statutes of limitations.  The removal of the unrecognized benefits does not impact the Company’s 2016 effective tax rate.  The Company will continue to monitor potential uncertain tax positions, but does not anticipate any changes within the next year.  A reconciliation of the beginning and ending amounts of unrecognized tax benefits is as follows:

 

 

 

 

 

 

 

 

 

 

 

 

    

2014

    

2015

    

2016

 

Balance at beginning of year

 

$

11,000

 

 

11,000

 

 

11,000

 

Reductions for tax positions of prior years

 

 

 —

 

 

 —

 

 

(11,000)

 

Balance at end of year

 

$

11,000

 

 

11,000

 

 

 —

 

 

As of December 31, 2016, the Company’s corporate subsidiaries have U.S. Federal and state net operating loss carryforwards (NOLs) of $1.5 billion and $1.4 billion, respectively, which expire at various dates from 2024 to 2036.

The tax years 2013 through 2016 remain open to examination by the U.S. Internal Revenue Service.  The Company and its subsidiaries file tax returns with various state taxing authorities; these returns remain open to examination for tax years 2012 through 2016.