INCOME TAXES

12 Months Ended

Dec. 31, 2020

Income Tax Provision

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


	Year Ended December 31,
	2020		2019		2018
Current income tax (benefit) expense:
Federal	$	(10,705)	$	201	$	(1,470)
State	372		(125)		(204)
Current income tax (benefit) expense	(10,333)		76		(1,674)
Deferred income tax (benefit) provision:
Federal	(7,495)		(10,857)		(44,950)
State	(2,133)		2,302		(18,951)
Deferred income tax benefit	(9,628)		(8,555)		(63,901)
Income tax benefit	$	(19,961)	$	(8,479)	$	(65,575)

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


	Year Ended December 31,
	2020		2019		2018
Federal statutory income tax	$	(8,931)	$	6,506	$	9,186
State income taxes, net	(3,551)		(1,832)		(14,884)
Excess tax deductions on non-cash compensation	(2,033)		(13,971)		(59,601)
Impact of the Coronavirus Aid, Relief, and Economic Security Act	(6,104)		—		—
Research and experimentation tax credit	(3,800)		(5,794)		(2,523)
Impact of certain state legislation, net	—		3,932		—
Nondeductible executive compensation	1,778		988		163
Change in (release of) valuation allowance	2,100		954		(12)
Uncertain tax positions	458		922		289
Nondeductible meals & entertainment	99		428		310
Impact of Tax Cuts and Jobs Act	—		—		270
Other, net	23		(612)		1,227
Income tax benefit	$	(19,961)	$	(8,479)	$	(65,575)

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 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 2017 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,
	2020		2019
Deferred tax assets:
Provision for accrued expenses	$	4,907	$	12,234
Leasing	24,864		7,299
Net operating loss carryforwards (a)	56,190		56,450
Non-cash compensation expense	20,746		15,805
Intangible assets	12,684		4,182
Interest limitation	4,059		987

Contingent liabilities	4,507		9,366
Tax credits	13,656		6,124
Other	3,605		446
Total gross deferred tax assets	145,218		112,893
Less: valuation allowance (b)	(5,802)		(4,102)
Total deferred tax assets, net of the valuation allowance	139,416		108,791
Deferred tax liabilities:
Leasing	(21,632)		(6,596)
Property and equipment	(5,015)		(4,748)

Other	(653)		(1,835)
Total gross deferred tax liabilities	(27,300)		(13,179)
Net deferred taxes	$	112,116	$	95,612

(a)At December 31, 2020, the Company had pre-tax consolidated federal net operating losses ("NOLs") of $179.5 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 $519.5 million at December 31, 2020 that will expire at various times between 2021 and 2040.

(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,
	2020		2019
Deferred income tax assets	$	96,224	$	87,664
Non-current assets of discontinued operations	15,892		7,948

Net deferred taxes	$	112,116	$	95,612

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, 2020, 2019 and 2018, the Company recorded a partial valuation allowance of $5.8 million, $4.1 million and $2.2 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,
	2020		2019		2018
Balance, beginning of the period	$	4,102	$	2,229	$	2,694
Charges to earnings	1,700		1,873		(465)

Balance, end of the period	$	5,802	$	4,102	$	2,229

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,
	2020		2019
Balance, beginning of the period	$	1,996	$	1,127
Additions based on tax positions of the current period	570		525
Additions based on tax positions of the prior period	47		344
Balance, end of the period	$	2,613	$	1,996

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, 2020, 2019 and 2018 is immaterial.

As of December 31, 2020 and 2019, the accrual for unrecognized tax benefits, including interest, was $2.6 million and $2.1 million, respectively, 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, 2020, the Company is subject to a federal income tax examination for the tax years 2014 through 2019. In addition, the Company is subject to state and local tax examinations for the tax years 2014 through 2019.