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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 11. Income Taxes

The components of income tax expense for the years ended December 31 are as follows:

 

 

 

2019

 

 

2018

 

 

2017

 

Current income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

1,339

 

 

$

585

 

 

$

(15,424

)

State

 

 

2,625

 

 

 

(51

)

 

 

1,162

 

Total current tax expense (benefit)

 

 

3,964

 

 

 

534

 

 

 

(14,262

)

Deferred income tax expense (benefit):

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

3,031

 

 

 

(7,868

)

 

 

8,389

 

State

 

 

(1,564

)

 

 

1,932

 

 

 

3,628

 

Total deferred tax expense (benefit)

 

 

1,467

 

 

 

(5,936

)

 

 

12,017

 

Income tax expense (benefit), as reported

 

$

5,431

 

 

$

(5,402

)

 

$

(2,245

)

 

Reported income tax expense (benefit) differed from the amounts computed by applying the U.S. federal statutory income tax rate of 21% in 2019 and 2018 and 35% in 2017 to income before income taxes as follows:

 

 

 

2019

 

 

2018

 

 

2017

 

Income tax expense computed at the statutory rate

 

$

4,928

 

 

$

9,670

 

 

$

34,389

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State income tax, net of federal benefit

 

 

838

 

 

 

1,485

 

 

 

3,114

 

Stock-based compensation expense

 

 

443

 

 

 

268

 

 

 

(380

)

Change in U.S. tax rate

 

 

 

 

 

244

 

 

 

(18,921

)

Decrease in taxes due to investment tax credit

 

 

(1,561

)

 

 

(17,846

)

 

 

(20,509

)

Other

 

 

783

 

 

 

777

 

 

 

62

 

Total income tax expense (benefit)

 

$

5,431

 

 

$

(5,402

)

 

$

(2,245

)

 

On December 22, 2017, the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cut and Jobs Act (the “Tax Act”). The Tax Act made broad and complex changes to the U.S. tax code that affected 2018 and 2017, including, but not limited to, accelerated depreciation that allows for full expensing of qualified property. The Tax Act also enacted a reduction in the U.S. federal corporate income tax rate from 35% to 21% which became effective in 2018.  The 21% tax rate positively impacted 2017 due to the revaluation of the Company’s deferred tax assets and liabilities.  As such, the Company recorded a provisional net tax benefit of $18.9 million in 2017.

 


On December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provided guidance on accounting for the tax effects of the Tax Act.  SAB 118 provided a measurement period that could not extend beyond one year from the Tax Act enactment date for companies to complete the accounting under ASC 740, Income Taxes.  In accordance with SAB 118, a company must reflect the income tax effects of those aspects of the Tax Act for which the accounting under ASC 740 is complete.  To the extent that a company’s accounting for certain income tax effects of the Tax Act is incomplete but it is able to determine a reasonable estimate, it must record a provisional estimate in the financial statements.  During the measurement period, a company must record adjustments to its provisional estimate upon obtaining, preparing, or analyzing additional information about facts and circumstances that existed as of the enactment date that, if known, would have affected the provisional estimate.  As noted above, the Company recorded a provisional net tax benefit of $18.9 million in its 2017 consolidated financial statements.   Upon completing the accounting for the effects of the Tax Act, the Company recorded $244 thousand of additional income tax expense during 2018.

Components of deferred tax assets and liabilities are as follows:

 

 

 

2019

 

 

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Tax credit carryforwards

 

$

37,619

 

 

$

39,560

 

Allowance for loan and lease losses

 

 

11,579

 

 

 

7,784

 

Net operating loss carryforwards

 

 

83

 

 

 

5,046

 

Mark to market on loans held for sale

 

 

10,501

 

 

 

1,780

 

Stock-based compensation expense

 

 

4,918

 

 

 

3,004

 

Goodwill and intangibles

 

 

720

 

 

 

720

 

Accrued expenses

 

 

1,372

 

 

 

430

 

Net unrealized losses on securities available for sale

 

 

 

 

 

529

 

Operating lease liabilities

 

 

629

 

 

 

 

Other

 

 

977

 

 

 

1,573

 

Total deferred tax assets

 

 

68,398

 

 

 

60,426

 

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Investment in joint venture

 

 

15,538

 

 

 

16,596

 

Unguaranteed loan discount

 

 

13,076

 

 

 

8,535

 

Premises and equipment

 

 

45,291

 

 

 

40,032

 

Deferred loan fees and costs, net

 

 

1,417

 

 

 

987

 

Net unrealized gains on securities available for sale

 

 

3,702

 

 

 

 

Operating lease right-of-use assets

 

 

584

 

 

 

 

Other

 

 

538

 

 

 

326

 

Total deferred tax liabilities

 

 

80,146

 

 

 

66,476

 

Net deferred tax liability

 

$

11,748

 

 

$

6,050

 

 

The Company has recorded a deferred tax asset of $37.6 million related to federal tax credit carryforwards which will begin to expire in 2037.

Management assesses the realizability of deferred tax assets at each reporting period and considers whether it is more likely than not that a deferred tax asset will not be realized. The realization of a deferred tax asset is dependent upon the generation of future taxable income during periods in which the related temporary difference becomes deductible or realizable prior to its expiration. Management considers projected future taxable income, scheduled reversal of deferred tax liabilities, cessation of investing in renewable energy assets that generate investment tax credits and tax planning strategies in making this assessment. Based on these considerations, management believes it is more likely than not that the deferred tax assets will be realized.

The Company does not have any material uncertain tax positions and does not have any interest and penalties recorded in the income statement for the years ended December 31, 2019, 2018 and 2017. The Company files a consolidated income tax return in the U.S. federal tax jurisdiction.

Generally, the Company’s federal and state tax returns are no longer subject to examination by the taxing authorities for years prior to 2015.