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

10.

Income Taxes

The components of the Company’s income tax provision for the years ended December 31, 2019 and 2018 are as follows:

 

 

 

Year Ended

December 31,

 

 

 

2019

 

 

2018

 

Current income tax benefit

 

$

(14,678

)

 

$

(814,609

)

Deferred income tax expense (benefit)

 

 

21,664

 

 

 

(1,120,719

)

Provision for income taxes

 

$

6,986

 

 

$

(1,935,328

)

 

The Company’s U.S. federal statutory income tax rate applicable to ordinary income was 21% for the years ended December 31, 2019 and 2018. The income tax provision differs from that computed by applying federal statutory rate to loss before income taxes for the years ended December 31, 2019 and 2018; those income tax rate differences are summarized as follows:

 

 

 

Year Ended

December 31,

 

 

 

2019

 

 

2018

 

Expected tax provision at federal statutory rate

 

$

(48,713

)

 

$

(1,534,437

)

Tax exempt interest income

 

 

(48,428

)

 

 

(49,051

)

Dividends received deduction

 

 

(21,421

)

 

 

(23,438

)

Non-deductible conversion costs

 

 

136,439

 

 

 

-

 

Change in enacted tax rates

 

 

-

 

 

 

(343,929

)

Other

 

 

(10,891

)

 

 

15,527

 

Provision for income taxes

 

$

6,986

 

 

$

(1,935,328

)

 

Deferred income taxes are provided for temporary differences between the consolidated and combined financial statements and the tax basis of the Company’s assets and liabilities using enacted tax rates in effect for the year in which the differences are expected to reverse. At December 31, 2019 and 2018, the Company’s deferred income taxes consisted of the following:

 

 

 

December 31,

 

 

 

2019

 

 

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Discount of unearned premiums

 

$

487,274

 

 

$

530,428

 

Discount of advance premiums

 

 

85,139

 

 

 

55,638

 

Discount of losses and loss adjustment expenses

 

 

978,379

 

 

 

1,113,670

 

Guaranty fund assessment

 

 

40,890

 

 

 

36,027

 

Net operating loss carryforward

 

 

756,063

 

 

 

811,703

 

Capital loss carryforward

 

 

-

 

 

 

34,558

 

Unrealized loss on investments

 

 

-

 

 

 

250,592

 

Other

 

 

14,754

 

 

 

28

 

Total deferred tax assets

 

 

2,362,499

 

 

 

2,832,644

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Deferred acquisition costs

 

 

542,742

 

 

 

836,891

 

TCJA transitional adjustment

 

 

224,943

 

 

 

314,446

 

Unrealized gain on investments

 

 

678,322

 

 

 

 

Accrual of bond market discount

 

 

19,070

 

 

 

3,338

 

Other

 

 

5,838

 

 

 

1,878

 

Total deferred tax liabilities

 

 

1,470,915

 

 

 

1,156,553

 

Deferred income taxes, net

 

$

891,584

 

 

$

1,676,091

 

 

At December 31, 2019 and 2018, the Company had unused net operating loss (“NOL”) carryforwards of $3,600,298 and $3,865,253, respectively, which will begin to expire in 2038, if unused.  At the time of the conversions and merger, the Company had unused NOLs of $4,313,198, which are subject to limitations under Section 382 of the Internal Revenue Code and are limited in the amount that can be utilized in any one year.  The Company also has AMT credits of $14,754, which are expected to be fully utilized by 2021.  Refer to Note 16, Subsequent Events, for the effects on the NOL carryforwards resulting from the Coronavirus Aid, Relief, and Economic Security Act.

 

In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some portion or all the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryback and carryforward periods), projected future taxable income, and tax planning strategies in making this assessment. At December 31, 2019 and 2018, management determined that it is more likely than not that all of the deferred tax assets will be realized by the Company in future years. Accordingly, the Company did not record a valuation allowance against its deferred tax assets at December 31, 2019 and 2018.

The Company has applied the provisions of ASC 740, Income Taxes, for the years ended December 31, 2019 and 2018. ASC 740 prescribes a recognition threshold and measurement attribute with respect to uncertainty in income tax positions. In applying ASC 740, the Company has evaluated its various tax positions taken during the years ended December 31, 2019 and 2018. The Company has determined that based solely on the technical merits, each tax position on a current and deferred basis has a more-likely-than-not probability that the tax position will be sustained by taxing authorities. The Company is not presently under audit by any taxing authority and there are no other uncertainties and events that are reasonably possible in the next year that would cause a significant change in the amount of unrecognized tax benefits.

The Company did not recognize any interest and penalties in the accompanying consolidated and combined statements of operations for the years ended December 31, 2019 and 2018, respectively.                 

Additionally, as part of the enactment of the Tax Cuts and Jobs Act (“TCJA”) on December 22, 2017, property and casualty insurance companies are required to use Internal Revenue Service (“IRS”) prescribed factors to determine the loss discount. From the date of the passage of the new law, the IRS is using a corporate bond yield curve to determine the discount factors and property and casualty insurance companies are no longer allowed to use their own historical payment patterns to determine their discount factors. Transition rules require that property and casualty insurance companies recalculate the 2017 reserve discount as if the 2018 tax reform rules had been in effect at the time of the passage of the new law, compare it to the actual 2017 reserve discount, and amortize the difference into taxable income over eight years beginning in 2018. As a result of this comparison, the Company recorded as a component of deferred income taxes at December 31, 2017 a resulting tax-effected difference amount of $201,439, for which the pre-tax amount of $959,235 is being amortized into taxable income beginning in 2018. During 2019, the IRS issued additional regulations related to the 2017 reserve discount resulting in an adjusted pre-tax amount of $1,249,684.   At December 31, 2019 and 2018, the deferred tax liability related to the TCJA transitional adjustment was $224,943 and $314,446, respectively, and is included as a component of deferred income taxes.