NOTE 19. INCOME TAXES

Total income tax benefit (expense) are summarized as follows:


	Year ended December 31,
	2018		2017		2016

Income Tax (Expense) Benefit from Continuing Operations	$	(14,162,966)	$	10,326,298	$	(12,092,513)
Income Tax (Expense) Benefit from Discontinued Operations		608,222		(391,032)		255,659
Total Consolidated Income Tax Benefit (Expense)	$	(13,554,744)	$	9,935,266	$	(11,836,854)

The provisions for income tax benefit (expense) from continuing operations are summarized as follows:


	2018				2017				2016
	Current		Deferred		Current		Deferred		Current		Deferred
Federal	$	(543,559)	$	(12,648,423)	$	794,174	$	8,708,485	$	(159,596)	$	(10,996,276)
State		(299,636)		(671,348)		70,384		753,255		(311,525)		(625,116)
Total	$	(843,195)	$	(13,319,771)	$	864,558	$	9,461,740	$	(471,121)	$	(11,621,392)

Deferred tax assets and liabilities are recognized for the future tax consequences attributable to the differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carryforwards. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.

The sources of these differences and the related deferred income tax assets (liabilities) are summarized as follows:


	Deferred Tax
	2018		2017
Deferred Income Tax Assets
Depreciation	$	4,904,976	$	2,073,439
Intangible Lease Liabilities		7,111,608		7,512,629
Income Property Tenant Contributions		1,069,882		—
Impairment Reserves		1,393,415		1,139,918
Stock Options and Restricted Stock		977,210		883,725
Net Operating Loss Carryforward		—		266,036
Capital Loss Carryforward		20,750		20,750
Deferred Oil Lease Income		121,323		148,439
Other - Net		44,967		60,480
Gross Deferred Income Tax Assets		15,644,131		12,105,416
Less - Valuation Allowance		(272,966)		(272,966)
Net Deferred Income Tax Assets		15,371,165		11,832,450
Deferred Income Tax Liabilities
Sales of Real Estate		(67,388,733)		(52,720,764)
Income Property Lease Incentive		(606,820)		—
Discount on Equity Component of Convertible Debt		(238,200)		(421,895)
Basis Difference in Joint Venture		(764,566)		(224,715)
Interest Rate Swap		(486,543)		(452,873)
Deferred Revenue (Net of Straight-line Rent Adjustments)		(578,034)		(226,673)
Other - Net		(78,176)		(79,394)
Total Deferred Income Tax Liabilities		(70,141,072)		(54,126,314)
Net Deferred Income Tax Liabilities	$	(54,769,907)	$	(42,293,864)

In assessing the realizability of deferred income tax assets, Management considers whether it is more likely than not that some portion or all of the deferred income tax assets will not be realized. The ultimate realization of deferred income tax assets is dependent upon the realization of future taxable income during the periods in which those temporary differences become deductible. We consider past history, the scheduled reversal of taxable temporary differences, projected future taxable income, and tax planning strategies in making this assessment. As of December 31, 2018 and 2017, we believe it is more likely than not that a portion of the Company’s deferred income tax assets will not be realized, and accordingly, a valuation allowance has been provided. As of December 31, 2018 and 2017, the valuation allowance was approximately $273,000.

As of December 31, 2018 and 2017, the valuation allowance relates solely to a basis difference in a joint venture with a wholly owned and fully consolidated subsidiary, and no valuation allowance is provided for charitable contribution carryforwards due to the expectation of full utilization during 2018.

Following is a reconciliation of the income tax computed at the federal statutory rate of 21% for 2018 and 35% for 2017 and 2016 for continuing operations:


	Year ended December 31,
	2018		2017		2016

Income Tax (Expense) Benefit Computed at Federal Statutory Rate	$	(11,137,038)	$	(10,137,092)	$	(9,475,601)
Increase (Decrease) Resulting from:
State Income Tax, Net of Federal Income Tax Benefit		(2,985,086)		(1,703,805)		(1,693,578)
Income Tax on Permanently Non-Deductible Items		(31,466)		66,015		(1,015,936)
Change in Corporate Federal Tax Rate		—		22,249,536		—
Other Reconciling Items		(9,376)		(148,356)		92,602
Benefit (Expense) for Income Taxes	$	(14,162,966)	$	10,326,298	$	(12,092,513)

The effective income tax rate for each of the three years ended December 31, 2018, 2017, and 2016, including income taxes attributable to the discontinued operations, was 26.7%, (31.0)%, and 42.2%, respectively. The provision for income taxes reflects the Company’s estimate of the effective rate expected to be applicable for the full fiscal year, adjusted for any discrete events, which are reported in the period that they occur. During the fourth quarter of 2017, the Company recorded an income tax benefit of approximately $22.2 million due to the impact of the reduction in the corporate tax rate from 35% to 21% for the Tax Cuts and Jobs Act. During the first quarter of 2016, 68,000 shares of restricted Company common stock were permanently surrendered which constituted a discrete event in which the total related stock compensation expense charged to earnings under GAAP of approximately $2.3 million, of which approximately $1.6 million was recognized during the first quarter of 2016 and approximately $676,000 was recognized during the year ended December 31, 2016, became permanently non-deductible for tax purposes as the surrendered shares will not vest. Accordingly, no income tax benefit was recorded related to the approximately $2.3 million of stock compensation expense.

The Company files a consolidated income tax return in the United States Federal jurisdiction and the States of Arizona, Colorado, California, Florida, Georgia, Maryland, Massachusetts, New Mexico, North Carolina, Oregon, Texas, Virginia, and Washington. The Internal Revenue Service has audited the federal tax returns through the year 2012, with all proposed adjustments settled. The Florida Department of Revenue has audited the Florida tax returns through the year 2014, with all proposed adjustments settled. The Company recognizes all potential accrued interest and penalties to unrecognized tax benefits in income tax expense. For the years ended December 31, 2018, 2017, and 2016 the Company recognized no uncertain tax positions or accrued interest and penalties for uncertain tax positions.

Income taxes totaling approximately $323,000, $334,000, and $510,000 were paid during the years ended December 31, 2018, 2017, and 2016, respectively. Additionally, income taxes totaling approximately $204,000, $958,000 and $133,000 were refunded during the years ended December 31, 2018, 2017, and 2016, respectively.