XML 37 R20.htm IDEA: XBRL DOCUMENT v3.3.1.900
INCOME TAXES
12 Months Ended
Dec. 31, 2015
INCOME TAXES  
INCOME TAXES

 

NOTE 13 INCOME TAXES

 

Our earnings (losses), other than from our TRS, are not generally subject to federal corporate and state income taxes due to our REIT election.  We believe we have met the annual REIT distribution requirement by payment of at least 90% of our taxable income for 2015, 2014, and 2013. For federal income tax purposes, the cash distributions paid to our common and preferred stockholders may be characterized as ordinary income, return of capital (generally non-taxable), or capital gains.

 

The components of income tax expense for for the years ended December 31, 2015, 2014, and 2013 are as follows (in thousands):

 

 

 

2015

 

2014

 

2013

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

Federal

 

$

81

 

$

133

 

$

 

State and local

 

408

 

712

 

408

 

Deferred

 

 

 

 

 

 

 

Federal

 

(159

)

 

3,352

 

State and local

 

223

 

(127

)

597

 

 

 

 

 

 

 

 

 

Total provision

 

$

553

 

$

718

 

$

4,357

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income tax expense (benefit)

 

 

 

 

 

 

 

From continuing operations

 

$

553

 

$

744

 

$

4,894

 

From discontinued operations

 

 

(26

)

(537

)

 

 

 

 

 

 

 

 

Total provision

 

$

553

 

$

718

 

$

4,357

 

 

 

 

 

 

 

 

 

 

 

 

 

A reconciliation of the federal statutory rate to the effective income tax rate for the TRS follows (in thousands):

 

 

 

2015

 

2014

 

2013

 

Tax provision (benefit) at U.S. statutory rates on TRS income (loss) subject to tax

 

$

2,345

 

$

2,024

 

$

(809

)

State Income tax, net of federal income tax benefit

 

486

 

77

 

(120

)

Effect of permanent differences and other

 

(161

)

727

 

(152

)

Increase (decrease) in valuation allowance

 

(2,448

)

(2,580

)

5,029

 

 

 

 

 

 

 

 

 

TRS income tax expense

 

$

222

 

$

248

 

$

3,948

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2015

 

2014

 

2013

 

 

 

 

 

 

 

 

 

Total provision (benefit) for TRS and Operating Partnership

 

 

 

 

 

 

 

TRS Income Tax Expense

 

$

222

 

$

248

 

$

3,948

 

Operating Partnership state income tax expense

 

331

 

470

 

409

 

 

 

 

 

 

 

 

 

Total provision

 

$

553

 

$

718

 

$

4,357

 

 

 

 

 

 

 

 

 

 

 

 

 

Current tax liabilities are included in Accrued expenses and other in the accompanying Consolidated Balance Sheets.

 

Significant components of deferred tax assets (liabilities) are as follows (in thousands):

 

 

 

2015

 

2014

 

 

 

 

 

 

 

Tax carryforwards

 

$

1,481

 

$

3,187

 

Investments

 

(1,349

)

(1,298

)

Accrued expenses

 

 

580

 

Other

 

(20

)

155

 

 

 

 

 

 

 

Total

 

112

 

2,624

 

Valuation Allowance

 

 

(2,448

)

 

 

 

 

 

 

Net Deferred Tax Assets

 

$

112

 

$

176

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gross Deferred Tax Assets

 

$

1,515

 

$

3,943

 

Gross Deferred Tax Liabilities

 

(1,403

)

(1,319

)

Valuation Allowance

 

 

(2,448

)

 

 

 

 

 

 

Net Deferred Tax Assets

 

$

112

 

$

176

 

 

 

 

 

 

 

 

 

 

At December 31, 2014, we had a valuation allowance of $2.4 million to offset deferred tax assets based on our assessment of realizability. During the year ended December 31, 2014, the utilization of tax attributes to offset taxable income reduced the overall amount of deferred tax assets subject to the valuation allowance.  At December 31, 2015, the Company had gross deferred tax assets of $1.5 million primarily related to net operating loss carryforwards and $1.3 million in deferred tax liabilities related to an investment in a joint venture.  We have concluded that it is more-likely-than-not that our deferred tax assets will be realized and therefore, the valuation allowance has been reduced to zero at December 31, 2015.

 

At December 31, 2015, we had (i) U.S. federal net operating losses of $3.2 million which expire in the years 2032 to 2033 (ii) state net operating losses of $2.9 million which expire beginning in 2026 and (iii) federal minimum tax credits of $0.2 million which do not expire.

 

We had no unrecognized tax benefits at December 31, 2015 or in the three year period then ended. The Company recognizes interest expense and penalties associated with uncertain tax positions as a component of income tax expense. We have no material interest or penalties relating to unrecognized tax benefits in the Consolidated Statements of Operations for 2015, 2014 or 2013 or in the Consolidated Balance Sheets as of December 31, 2015 or 2014.

 

We file U.S. and state income tax returns in jurisdictions with varying statutes of limitations. We currently have no open audits related to our income tax returns. In general, we are not subject to tax examinations by tax authorities for years before 2012.