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Income Tax
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Tax

Note 14—Income Tax

For the year ended December 31, 2018, the Company’s annual effective tax rate is approximately 0.0%. Despite reporting pre-tax book income of $18.8 million, the Company incurred a tax loss in the current year (due principally to intangible drilling cost amortization) and thus, no current federal income taxes will be due. This tax loss results in a net operating loss carryforward at December 31, 2018 in the amount of $667 million. Management assessed the realizability of the Company’s deferred tax assets based on the more likely than not standard. Management considered several factors such as: (i) the Company’s short (five-year) tax history, (ii) the lack of carryback potential resulting in a tax refund, and (iii) in light of current commodity pricing uncertainty, there is insufficient external evidence to suggest that net federal tax attribute carryforwards are realizable. As such, the Company has provided a valuation allowance of $208 million as of December 31, 2018.

 

 

 

For the Year Ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

 

 

$

 

State

 

 

 

 

 

 

 

 

6

 

Total current

 

 

 

 

 

 

 

 

6

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

 

 

 

 

 

 

 

State

 

 

 

 

 

 

 

 

540

 

Total deferred

 

 

 

 

 

 

 

 

540

 

Total income tax expense (benefit)

 

$

 

 

$

 

 

$

546

 

The Company’s income tax expense differs from the amount derived by applying the statutory federal rate to pretax loss principally due the effect of the following items (in thousands):

 

 

 

For the Year Ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Income (loss) before income taxes

 

$

18,826

 

 

$

8,525

 

 

$

(206,189

)

Statutory rate

 

 

21

%

 

 

35

%

 

 

35

%

Income tax benefit computed at statutory rate

 

 

3,953

 

 

 

2,984

 

 

 

(72,166

)

Reconciling items:

 

 

 

 

 

 

 

 

 

 

 

 

State income taxes

 

 

 

 

 

 

 

 

546

 

Other, net

 

 

54

 

 

 

50

 

 

 

854

 

Share-based compensation

 

 

1,201

 

 

 

(576

)

 

 

 

Executive compensation limitation

 

 

268

 

 

 

496

 

 

 

 

Change in valuation allowance

 

 

(5,476

)

 

 

(145,449

)

 

 

71,312

 

Change in Federal tax rate

 

 

 

 

 

142,495

 

 

 

 

Income tax expense (benefit)

 

$

 

 

$

 

 

$

546

 

Deferred income taxes primarily represent the net tax effect of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The components of the Company’s deferred taxes are detailed in the table below (in thousands):

 

 

 

For the Year Ended December 31,

 

 

 

2018

 

 

2017

 

 

2016

 

Deferred tax asset:

 

 

 

 

 

 

 

 

 

 

 

 

Oil and gas properties and equipment

 

$

62,616

 

 

$

93,854

 

 

$

193,095

 

Federal tax loss carryforwards

 

 

140,059

 

 

 

114,652

 

 

 

145,628

 

Derivative instruments and other

 

 

 

 

 

1,064

 

 

 

16,829

 

State effect of deferreds

 

 

 

 

 

 

 

 

 

Other, net

 

 

7,398

 

 

 

4,639

 

 

 

4,259

 

Deferred tax asset

 

 

210,073

 

 

 

214,209

 

 

 

359,811

 

Valuation allowance

 

 

(208,324

)

 

 

(213,800

)

 

 

(359,098

)

Net deferred tax assets

 

$

1,749

 

 

$

409

 

 

$

713

 

Deferred tax liability:

 

 

 

 

 

 

 

 

 

 

 

 

Derivative instruments and other

 

$

1,197

 

 

$

 

 

$

 

Other, net

 

 

552

 

 

 

409

 

 

 

713

 

Net deferred tax liability

 

$

1,749

 

 

$

409

 

 

$

713

 

Reflected in the accompanying consolidated balance

   sheet as:

 

 

 

 

 

 

 

 

 

 

 

 

Net deferred tax asset

 

$

 

 

$

 

 

$

 

Net deferred tax liability

 

$

 

 

$

 

 

$

 

 

The Company has U.S. federal tax loss carryforwards (“NOL”) of approximately $667 million as of December 31, 2018. The NOL carryforwards will begin to expire in 2034. The tax years ended December 31, 2015 through 2018 will remain open to examination under the applicable statute of limitations in the U.S. and other jurisdictions in which the Company and its subsidiaries file income tax returns. However, the statute of limitations for examination of NOLs and other similar attribute carryforwards does not commence until the year the attribute is utilized. In some instances, state statutes of limitations are longer than those under U.S. federal tax law.

As of December 31, 2018, 2017, and 2016 the Company has not recorded a reserve for any uncertain tax positions. No federal income tax payments are expected in the upcoming four quarterly reporting periods.

As a result of the BRMR Merger (See Note 3— Acquisition), the Company may undergo an ownership change as described in Code section 382.  This may limit the future annual availability of use of the Company’s NOLs that accrued prior to the ownership change date as well as future tax depreciation, depletion and amortization amounts. The Company is still evaluating the impacts that Code section 382 will have on their tax attributes.