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Income Taxes
6 Months Ended
Jun. 30, 2017
Income Taxes  
Income Taxes

Note 20 – Income Taxes

 

The Company is a REIT pursuant to IRC Section 856. Our qualification as a REIT depends on our ability to meet various requirements imposed by the Internal Revenue Code, which relate to our organizational structure, diversity of stock ownership and certain requirements with regard to the nature of our assets and the sources of our income. As a REIT, we generally must distribute annually at least 90% of our net taxable income, subject to certain adjustments and excluding any net capital gain, in order for U.S. federal income tax not to apply to our earnings that we distribute. To the extent that we satisfy this distribution requirement, but distribute less than 100% of our net taxable income, we will be subject to U.S. federal income tax on our undistributed taxable income. In addition, we will be subject to a 4% nondeductible excise tax if the actual amount that we pay out to our stockholders in a calendar year is less than a minimum amount specified under U.S. federal tax laws. Even if we qualify as a REIT, we may be subject to certain U.S. federal income and excise taxes and state and local taxes on our income and assets. If we fail to maintain our qualification as a REIT for any taxable year, we may be subject to material penalties as well as federal, state and local income tax on our taxable income at regular corporate rates and we would not be able to qualify as a REIT for the subsequent four taxable years. As of June 30, 2017 and December 31, 2016, we were in compliance with all REIT requirements.

 

Certain of our subsidiaries have elected TRS status. A TRS may provide certain services considered impermissible for REITs and may hold assets that REITs may not hold directly. The accompanying consolidated financial statements include an interim tax provision for our TRS’ for the three and six months ended June 30, 2017 and 2016, respectively.

 

During the three months ended June 30, 2017 and 2016, we recorded an income tax provision of $1.0 million and $0.9 million, respectively. During the six months ended June 30, 2017 and 2016, we recorded an income tax provision of $2.0 million and $2.0 million, respectively, primarily related to activities of our taxable REIT subsidiaries and various state and local taxes. The income tax provision for the above periods primarily related to activities of our taxable REIT subsidiaries and various state and local taxes..  There were no material changes to uncertain tax positions or valuation allowances against deferred tax assets during the quarter.