INCOME TAXES

Income Tax Provision

The components of the income tax expense (benefit) are as follows (in thousands):



	Year Ended December 31,
	2018			2017			2016
Current income tax expense:
Federal	$	(1,470	)	$	10,055		$	11,519
State	(204		)	2,606			2,480
Current income tax (benefit) expense	(1,674		)	12,661			13,999
Deferred income tax (benefit) provision:
Federal	(44,950		)	(3,805		)	3,703
State	(18,951		)	(2,565		)	2,664
Deferred income tax (benefit) provision	(63,901		)	(6,370		)	6,367
Income tax expense (benefit)	$	(65,575	)	$	6,291		$	20,366

A reconciliation of the income tax expense (benefit) to the amounts computed by applying the statutory federal income tax rate to income from continuing operations before income taxes is shown as follows (in thousands):



	Year Ended December 31,
	2018			2017			2016
Federal statutory income tax	$	9,186		$	8,998		$	18,051
State income taxes, net of effect of federal tax benefit	(14,884		)	(268		)	4,038
Impact of Tax Cuts and Jobs Act	270			9,062			—
Excess tax deductions on non-cash compensation	(59,601		)	(11,134		)	—
Change in (release of) valuation allowance	(12		)	593			(416		)
Research and experimentation tax credit	(2,523		)	(1,318		)	(2,574		)
Other, net	1,989			358			1,267
Income tax expense (benefit)	$	(65,575	)	$	6,291		$	20,366

During the fourth quarter of 2017, LendingTree recorded a net tax expense of $9.1 million related to the enactment of the TCJA. The expense is primarily related to the remeasurement of LendingTree’s deferred tax assets and liabilities considering the TCJA’s enacted tax rates and certain other impacts. Simultaneous with the Act, the SEC Staff released Accounting Bulletin No. 118 ("SAB 118"), which allows the use of provisional amounts (reasonable estimates) if the analysis of the impacts of the Act have not been completed when financial statements are issued. During the fourth quarter of 2018, the Company finalized the computations of the income tax effects of the Act. As such, in accordance with SAB 118, the Company's accounting for the effects of the Act is complete. The Company did not significantly adjust provisional amounts recorded in the prior fiscal year and the SAB 118 measurement period subsequently ended on December 22, 2018. Although the Company no longer considers these amounts to be provisional, the determination of the Act’s income tax effects may change following future legislation or further interpretation of the Act based on the publication of recently proposed U.S. Treasury regulations and guidance from the Internal Revenue Service and state tax authorities.

Deferred Income Taxes

The tax effects of cumulative temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities are as follows (in thousands):



	December 31,
	2018			2017
Deferred tax assets:
Provision for accrued expenses	$	5,953		$	4,368
Net operating loss carryforwards ^(a)	59,817			6,296
Non-cash compensation expense	12,505			8,929
Interest limitation	3,532			—
Contingent liabilities	3,053			6,666
Other	4,545			2,138
Total gross deferred tax assets	89,405			28,397
Less: valuation allowance ^(b)	(2,229		)	(2,694		)
Total deferred tax assets, net of the valuation allowance	87,176			25,703
Deferred tax liabilities:
Intangible and other assets	(4,623		)	(1,960		)
Other	(892		)	(1,160		)
Total gross deferred tax liabilities	(5,515		)	(3,120		)
Net deferred taxes	$	81,661		$	22,583

(a)

At December 31, 2018, the Company had pre-tax consolidated federal net operating losses ("NOLs") of $203.5 million. The federal NOLs no longer expire under the new TCJA. The Company's NOLs will be available to offset taxable income subject to the Internal Revenue Code Section 382 annual limitation. In addition, the Company has state NOLs of approximately $498.5 million at December 31, 2018 that will expire at various times between 2020 and 2038.


(b)	The valuation allowance is related to items for which it is "more likely than not" that the tax benefit will not be realized.

Deferred income taxes are presented in the accompanying consolidated balance sheets as follows (in thousands):



	December 31,
	2018			2017
Deferred income tax assets	$	79,289		$	20,156
Non-current assets of discontinued operations	3,266			2,427
Deferred income tax liabilities	(894		)	—
Net deferred taxes	$	81,661		$	22,583

Valuation Allowance

A valuation allowance is provided on deferred tax assets if it is determined that it is "more likely than not" that the deferred tax asset will not be realized. As of each reporting date, management considers both positive and negative evidence regarding the likelihood of future realization of the deferred tax assets.

At December 31, 2018, 2017 and 2016, the Company recorded a partial valuation allowance of $2.2 million, $2.7 million and $2.1 million, respectively, primarily related to state net operating losses, which the Company does not expect to be able to utilize prior to expiration.

A reconciliation of the beginning and ending balances of the deferred tax valuation allowance is as follows (in thousands):



	Year Ended December 31,
	2018			2017		2016
Balance, beginning of the period	$	2,694		$	2,101	$	2,341
Charges to earnings	(465		)	593		(240		)
Balance, end of the period	$	2,229		$	2,694	$	2,101

Unrecognized Tax Benefits

A reconciliation of the beginning and ending amounts of unrecognized tax benefits, excluding interest and penalties, is as follows (in thousands):



	Year Ended December 31,
	2018		2017
Balance, beginning of the period	$	748	$	550
Additions based on tax positions of the current period	249		198
Additions based on tax positions of the prior period	130		—
Balance, end of the period	$	1,127	$	748

Interest and, if applicable, penalties are recognized related to unrecognized tax benefits in income tax expense. Interest and penalties on unrecognized tax benefits included in income tax expense for each of the years ended December 31, 2018, 2017 and 2016 was immaterial.

As of December 31, 2018, the accrual for unrecognized tax benefits, including interest, was $1.2 million, which would benefit the effective tax rate if recognized. As of December 31, 2017, the accrual for unrecognized tax benefits, including interest, was $0.7 million, which would benefit the effective tax rate if recognized.

Tax Audits

LendingTree is subject to audits by federal, state and local authorities in the area of income tax. These audits include questioning the timing and the amount of deductions and the allocation of income among various tax jurisdictions. Income taxes payable include amounts considered sufficient to pay assessments that may result from examination of prior year returns; however, any amounts paid upon resolution of issues raised may differ from the amount provided. Differences between the reserves for tax contingencies and the amounts owed by the Company are recorded in the period they become known. As of December 31, 2018, the Company is subject to a federal income tax examination for the tax years 2014 through 2017. In addition, the Company is subject to state and local tax examinations for the tax years 2014 through 2017.