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Note 12 - Income Taxes
3 Months Ended
Mar. 31, 2021
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
NOTE
12.
Income Taxes
 
On
March 27, 2020,
the Coronavirus Aid, Relief and Economic Security Act ("CARES Act") was signed into law. The CARES Act, among other things, includes provisions relating to refundable payroll tax credits, deferment of employer social security payments, net operating loss carryback periods, alternative minimum tax credit refunds, modifications to the net interest deduction limitations and technical corrections to tax depreciation methods for qualified improvement property. The Company continues to examine how the CARES Act
may
impact its business, results of operations, financial condition and liquidity.
 
The Company's income tax expense attributable to income from operations consisted of the following (in thousands):
 
   
Three
Months Ended
March 31,
2021
 
Current tax expense
  $
-
 
Deferred tax expense
   
1,115
 
Income tax expense
  $
1,115
 
 
The reconciliation between the income tax expense computed by multiplying pre-tax income by the U.S. federal statutory rate and the reported amounts of income tax expense is as follows (in thousands, except rate):
 
   
Three
Months Ended
March 31,
2021
 
Income tax expense at U.S. federal statutory rate
  $
1,230
 
Limited tax benefit due to stock-based compensation
   
(109
)
Other
   
(6
)
Income tax expense
  $
1,115
 
Effective income tax rate
 
19.0
%
 
The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities were as follows as of
March 31, 2021
and
December 31, 2020 (
in thousands):
 
   
March 31,
2021
   
December 31,
2020
 
Deferred tax assets:
 
 
 
 
 
 
 
 
Net operating loss carryforwards
  $
15,300
    $
9,725
 
Stock-based compensation
   
3,234
     
3,124
 
Other
   
31
     
31
 
Less: Valuation allowance
   
-
     
-
 
Net deferred tax assets
   
18,565
     
12,880
 
Deferred tax liabilities:
 
 
 
 
 
 
 
 
Oil and natural gas properties, principally due to differences in basis and depreciation and the deduction of intangible drilling costs for tax purposes
   
(58,578
)
   
(51,778
)
Net deferred tax liabilities
  $
(40,013
)
  $
(38,898
)
 
The effective income tax rate differs from the U.S. statutory rate of
21
percent primarily due to permanent differences between GAAP income and taxable income. Periods prior to
August 22, 2020
are
not
shown because the Predecessors were treated as partnerships for U.S. federal income tax purposes and therefore do
not
record a provision for U.S. federal income tax because the partners of the Predecessors report their share of the Predecessors' income or loss on their respective income tax returns. The Predecessors are required to file tax returns on Form
1065
with the IRS. The
2017
through
2020
tax years remain open to examination.
 
As required by ASC Topic
740,
“Income Taxes,” (“ASC
740”
) the Company uses reasonable judgments and makes estimates and assumptions related to evaluating the probability of uncertain tax positions. The Company bases its estimates and assumptions on the potential liability related to an assessment of whether the income tax position will “more likely than
not”
be sustained in an income tax audit. Based on that analysis, the Company believes the Company has
not
taken any material uncertain tax positions, and therefore has
not
recorded an income tax liability related to uncertain tax positions. However, if actual results materially differ, the Company's effective income tax rate and cash flows could be affected in the period of discovery or resolution. The Company also reviews the estimates and assumptions used in evaluating the probability of realizing the future benefits of the Company's deferred tax assets and records a valuation allowance when the Company believes that a portion or all the deferred tax assets
may
not
be realized. If the Company is unable to realize the expected future benefits of its deferred tax assets, the Company is required to provide a valuation allowance. The Company uses its history and experience, overall profitability, future management plans, tax planning strategies, and current economic information to evaluate the amount of valuation allowance to record. As of
March 31, 2021
and
December 31, 2020,
the Company has
not
recorded a valuation allowance for deferred tax assets arising from its operations because the Company believes they meet the “more likely than
not”
criteria as defined by the recognition and measurement provisions of ASC
740.
However, the Company
may
not
realize the
$18.6
million and
$12.9
million in deferred tax assets it has as of
March 31, 2021
and
December 31, 2020,
respectively, if the estimates and assumptions used in evaluating the probability of realizing the future benefits of the Company's deferred tax assets change, which would affect the Company's effective income tax rate and cash flows in the period of discovery or resolution.
 
On
December 27, 2020,
the Consolidated Appropriations Act was signed into law, an omnibus spending bill to fund the federal government that also includes an array of COVID-related tax relief for individuals and businesses.  The tax-related measures contained in the Consolidated Appropriations Act revise and expand provisions enacted earlier in the year by the Families First Coronavirus Response Act and the CARES Act.  The Consolidated Appropriations Act also extends a number of expiring tax provisions. Additionally, the Act provides for a
100%
deduction for certain business meals incurred in calendar years
2021
and
2022,
which were deductible at
50%
for the year ending
December 31, 2020.
In addition, on
March 11, 2021,
the American Rescue Plan Act was signed into law, which includes additional COVID-related tax relief for individuals and businesses. The Company determined that income tax effects related to the passage of the Consolidated Appropriations Act and the American Rescue Plan Act were
not
material to the financial statements for the
three
months ended
March 31, 2021.
 
The Company is also subject to Texas Margin Tax. The Company realized
no
Texas Margin Tax in the accompanying condensed consolidated and combined financial statements as we do
not
anticipate owing any Texas Margin Tax for any periods.