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INCOME TAXES
12 Months Ended
Dec. 31, 2015
INCOME TAXES  
INCOME TAXES

 

8. INCOME TAXES

        The following table presents the U.S. and non-U.S. components of income (loss) before income tax expense:

                                                                                                                                                                                    

 

 

For the Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

U.S. 

 

$

140,477

 

$

69,734

 

$

88,395

 

Non-U.S. 

 

 

3,587

 

 

(23,439

)

 

(15,376

)

​  

​  

​  

​  

​  

​  

Income (loss) before income taxes

 

$

144,064

 

$

46,295

 

$

73,019

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The current and deferred components of the income tax provision for the years ended December 31, 2015, 2014, and 2013 are as follows:

                                                                                                                                                                                    

 

 

For the Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

Current income taxes:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

14,483

 

$

8,242

 

$

 

State and Local

 

 

4,254

 

 

3,759

 

 

2,533

 

Foreign

 

 

4,314

 

 

2,492

 

 

 

​  

​  

​  

​  

​  

​  

 

 

$

23,051

 

$

14,493

 

$

2,533

 

Deferred income taxes:

 

 


 

 

 


 

 

 


 

 

Federal

 

$

774

 

$

(688

)

$

 

State and Local

 

 

(29

)

 

164

 

 

187

 

Foreign

 

 

51

 

 

(229

)

 

74

 

​  

​  

​  

​  

​  

​  

Total

 

$

23,847

 

$

13,740

 

$

2,794

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The total provision for income taxes differs from the amount which would be computed by applying the appropriate statutory rate to income before income taxes as follows:

                                                                                                                                                                                    

 

 

For the Year Ended December 31,

 

 

 

2015

 

2014

 

2013

 

Reconciliation of federal statutory tax rates

 

 

 

 

 

 

 

 

 

 

U.S. statutory tax rate

 

 

35.0 

%

 

35.0 

%

 

35.0 

%

Increase (decrease) due to state and local taxes

 

 

2.2 

%

 

7.5 

%

 

3.7 

%

Rate benefit as a U.S. limited partnership/flow through

 

 

–22.1

%

 

–29.9

%

 

–35.0

%

Non-deductible expenses*

 

 

0.3 

%

 

12.2 

%

 

0.0 

%

Foreign taxes

 

 

1.8 

%

 

4.9 

%

 

0.1 

%

Other

 

 

–0.6

%

 

 

 

 

​  

​  

​  

​  

​  

​  

Effective income tax rate

 

 

16.6 

%

 

29.7 

%

 

3.8 

%

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  


 

 

 

 

 

*          

Primarily related to non-deductible equity compensation associated with the vesting of Group LP units.

        Deferred income taxes reflect the net effect of temporary differences between the tax basis of an asset or liability and its reported amount in the Company's consolidated and combined statements of financial condition. These temporary differences result in taxable or deductible amounts in future years. The significant components of deferred tax assets and liabilities included on the Company's consolidated and combined statements of financial condition are as follows:

                                                                                                                                                                                    

 

 

For the Year Ended December 31,

 

 

 

2015

 

2014

 

Net operating loss

 

$

9,043

 

$

6,143

 

Step-up in tax basis in

 

 

 

 

 

 

 

Group LP assets

 

 

149,605

 

 

149,760

 

Deferred Compensation

 

 

10,064

 

 

5,433

 

Accrued expenses and other

 

 

5,965

 

 

5,261

 

​  

​  

​  

​  

 

 

 

174,677

 

 

166,597

 

Valuation allowance on NOL and other

 

 

(9,172

)

 

(6,460

)

​  

​  

​  

​  

Net deferred tax asset

 

$

165,505

 

$

160,137

 

​  

​  

​  

​  

​  

​  

​  

​  

        As of December 31, 2015, the Company had accumulated net foreign operating loss carryforwards related to our international operations of approximately $35,846 for which we have recorded a deferred tax asset of $9,043. Approximately $31,195 of the operating losses (or $7,479 of the deferred tax asset) has an indefinite life and $4,650 of the operating losses (or $1,564 of the deferred tax asset) will expire on dates between 2019 and 2023. At December 31, 2015, the Company's management concluded that a valuation allowance should be established with regard to the tax benefits associated with foreign net operating losses, as it is more likely than not that these losses will not be fully utilized in future years.

        U.S. income and foreign withholding taxes are not provided for on the undistributed earnings of foreign subsidiaries that are essentially permanent in nature. There were no significant untaxed foreign earnings at December 31, 2015, 2014 and 2013.

        The Company is subject to taxation in certain U.S., state, local, and foreign jurisdictions. As of December 31, 2015, the Company's tax years for 2014, 2013, and 2012 are subject to examination by the tax authorities. As of December 31, 2015, the Company does not expect any material changes in its tax provision related to any outstanding current examinations. Developments with respect to such examinations are monitored on an ongoing basis and adjustments to tax liabilities are made as appropriate.

        The Company has no unrecognized tax benefits for the periods ended December 31, 2015, 2014 and 2013.

        Prior to the Company's reorganization and IPO of Moelis & Company, the Company had been primarily subject to the New York City unincorporated business tax ("UBT") and certain other foreign, state and local taxes. The Company's operations were historically comprised of entities that are organized as limited liability companies and limited partnerships. For U.S. federal income tax purposes, taxes related to income earned by these entities represent obligations of the individual partners and members and have historically not been reflected in the consolidated and combined statements of financial condition. In connection with the Company's reorganization and IPO, the Company became subject to U.S. corporate federal, state and local income tax on its allocable share of results of operations from Group LP.

        The Company recorded an increase in the net deferred tax asset of $5,368 for the year ended December 31, 2015, which was primarily attributable to an increase in deferred compensation. The changes in deferred tax assets also reflects the net effect of an increase in the step-up in tax basis in Group LP assets resulting from the exchange of Class A partnership units in Group LP for Class A common stock coupled with the depreciation and amortization of such assets during the year. Approximately $1,975 of the deferred tax asset related to the step-up in tax basis is attributable to exchanges executed in 2015 by certain partners of Group LP who are party to the tax receivable agreement. Pursuant to this agreement, 85% (or $1,679) of the tax benefits associated with this deferred tax asset are payable to such exchanging partners over 15 years following these transactions and is recorded as amount due pursuant to tax receivable agreement in the consolidated and combined statements of financial condition. The remaining tax benefit is allocable to the Company and is recorded in additional paid-in-capital.