INCOME TAXES

The Company’s effective income tax rate related to continuing operations varied from the maximum federal income tax rate as follows:



	For The Year Ended December 31,
	2018		2017		2016
Statutory federal income tax rate applied to pre-tax income	21.0	%	35.0	%	35.0	%
State income taxes	4.9		0.6		0.8
Investment income not subject to tax	(2.9	)	(5.0	)	(2.7	)
Prior period adjustments	(2.8	)	—		—
Federal Tax law changes	—		(183.3	)	—
Other	0.9		(1.6	)	0.7
	21.1	%	(154.3	)%	33.8	%

The annual provision for federal income tax in these financial statements differs from the annual amounts of income tax expense reported in the Company’s income tax returns. Certain significant revenues and expenses are appropriately reported in different years with respect to the financial statements and the tax returns.

The components of the Company’s income tax are as follows:



	For The Year Ended December 31,
	2018			2017			2016
	(Dollars In Thousands)
Current income tax expense:
Federal	$	87,276		$	21,853		$	(50,638	)
State	8,285			4,399			3,919
Total current	$	95,561		$	26,252		$	(46,719	)
Deferred income tax expense:
Federal	$	(30,629	)	$	(693,860	)	$	240,127
State	15,725			(3,867		)	7,560
Total deferred	$	(14,904	)	$	(697,727	)	$	247,687

The components of the Company’s net deferred income tax liability are as follows:



	As of December 31,
	2018			2017
	(Dollars In Thousands)
Deferred income tax assets:
Loss and credit carryforwards	$	46,236		$	209,401
Deferred compensation	126,398			138,945
Deferred policy acquisition costs	116,044			23,876
Premium on corporate debt	46,154			57,402
Net unrealized loss on investments	374,905			—
Other	25,691			28,179
Valuation allowance	(5,079		)	(3,951		)
	730,349			453,852
Deferred income tax liabilities:
Premium receivables and policy liabilities	408,502			573,469
VOBA and other intangibles	478,526			433,321
Invested assets (other than unrealized gains (losses))	682,637			672,549
Net unrealized gains on investments	—			6,920
	1,569,665			1,686,259
Net deferred income tax liability	$	(839,316	)	$	(1,232,407	)

The deferred tax assets reported above include certain deferred tax assets related to nonqualified deferred compensation and other employee benefit liabilities that were assumed by AXA and they were not acquired by the Company in connection with the acquisition of MONY. The future tax deductions stemming from these liabilities will be claimed by the Company on MONY’s tax returns in its post-acquisition periods. These deferred tax assets have been estimated as of the MONY Acquisition date (and through the December 31, 2018 reporting date) based on all available information. However, it is possible that these estimates may be adjusted in future reporting periods based on actuarial changes to the projected future payments associated with these liabilities. Any such adjustments will be recognized by the Company as an adjustment to income tax expense during the period in which they are realized.

On December 22, 2017, the President of the United States signed into law the Tax Reform Act. The legislation significantly changes U.S. tax law by, among other things, lowering the corporate income tax rate. The Tax Reform Act permanently reduces the U.S. corporate income tax rate from a maximum of 35% to a flat 21% rate, effective January 1, 2018.

As a result of the reduction in the U.S. corporate income tax rate from 35% to 21% and changes to tax law related to the deductibility of certain deferred tax assets under the Tax Reform Act, we revalued our ending net deferred tax liabilities at December 31, 2017, and recognized a provisional $797.6 million tax benefit in our consolidated statement of income for the year ended December 31, 2017. As a result of the prior period adjustment to deferred tax liabilities, as discussed in Note 1, Basis of Presentation, the Company recorded an additional $10.7 million for the year ended December 31, 2018.

Also on December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 (“SAB 118”) to address the application of GAAP in situations when a registrant does not have the necessary information available, prepared, or analyzed (including computations) in reasonable detail to complete the accounting for certain income tax effects of the Tax Reform Act. The Company recognized the provisional tax impacts based on reasonable estimates made by the Company as to the effects of tax reform on deferred assets due to the application and interpretation of Section 162(m) and included those amounts in its consolidated financial statements for the year ended December 31, 2017. The accounting was completed by December 22, 2018 and there were no material adjustments to the provisional tax benefit.

In management’s judgment, the gross deferred income tax asset as of December 31, 2018 will more likely than not be fully realized. The Company has recognized a valuation allowance of $6.4 million and $5.0 million as of December 31, 2018 and December 31, 2017, respectively, related to state-based future deductible temporary differences that it has determined are more likely than not to expire unutilized. This resulting unfavorable change of $1.4 million, before federal income taxes, increased state income tax expense in 2018 by the same amount.

At December 31, 2018, the Company has non-life net operating loss carryforwards for federal income tax purposes of $135.4 million, which are available to offset future non-life group federal taxable income (and life group taxable income with limitations) and begin to expire in 2036. In addition, included in the deferred income tax assets above are approximately $19.7 million in state net operating loss carryforwards attributable to certain jurisdictions, which are available to offset future tax in the respective state jurisdictions, expiring between 2019 and 2038.

As of December 31, 2018 and December 31, 2017, some of the Company’s fixed maturities were reported at an unrealized loss, although the net amount is an unrealized gain at December 31, 2018. If the Company were to realize a tax-basis net capital loss for a year, then such loss could not be deducted against that year’s other taxable income. However, such a loss could be carried back and forward against any prior year or future year tax-basis net capital gains. Therefore, the Company has relied upon a prudent and feasible tax-planning strategy regarding its fixed maturities that were reported at an unrealized loss. The Company has the ability and the intent to either hold such fixed maturities to maturity, thereby avoiding a realized loss, or to generate an offsetting realized gain from unrealized gain fixed maturities if such unrealized loss fixed maturities are sold at a loss prior to maturity.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:



	As of December 31,
	2018			2017			2016
	(Dollars In Thousands)
Balance, beginning of period	$	11,353		$	9,856		$	13,138
Additions for tax positions of the current year	—			1,857			2,122
Additions for tax positions of prior years	—			70			1,318
Reductions of tax positions of prior years:
Changes in judgment	(4,219		)	(430		)	(975		)
Settlements during the period	—			—			(5,747		)
Lapses of applicable statute of limitations	—			—			—
Balance, end of period	$	7,134		$	11,353		$	9,856

Included in the end of period balance above, As of December 31, 2018, there were no unrecognized tax benefits for which the ultimate deductibility is certain but for which there is uncertainty about the timing of such deductions. As of December 31, 2017 and 2016, there were approximately $0.7 million, and $0.7 million of such unrecognized tax benefits. Other than interest and penalties, the disallowance of the shorter deductibility period would not affect the annual effective income tax rate but would accelerate to an earlier period the payment of cash to the taxing authority. The total amount of unrecognized tax benefits, if recognized, that would affect the effective income tax rate is approximately $7.1 million, $10.7 million, and $9.2 million for the years ended December 31, 2018, 2017, and 2016, respectively.

Any accrued interest related to the unrecognized tax benefits and other accrued income taxes have been included in income tax expense. These amounts were a $0.04 million detriment, a $2.4 million benefit, and a $3.1 million benefit for the years ended December 31, 2018, 2017, and 2016, respectively. The Company has approximately $0.3 million, $(1.1) million, and $2.8 million of accrued interest associated with unrecognized tax benefits as of December 31, 2018, 2017, and 2016, respectively (before taking into consideration the related income tax benefit that is associated with such an expense).

In June 2012, the IRS proposed favorable and unfavorable adjustments to the Company’s 2003 through 2007 reported taxable incomes. The Company protested certain unfavorable adjustments and sought resolution at the IRS’ Appeals Division. In October 2015, Appeals accepted the Company’s earlier proposed settlement offer. In September 2015, the IRS proposed favorable and unfavorable adjustments to the Company’s 2008 through 2011 reported taxable income. The Company agreed to these adjustments. In April 2017, a routine review by Congress’ Joint Committee on Taxation was finalized without change and the Company received an approximate $6.2 million net refund in the fourth quarter of 2017.

The resulting net adjustment to the Company’s current income taxes for the years 2003 through 2011 did not materially affect the Company or its effective tax rate.

In July 2016, the IRS proposed favorable and unfavorable adjustments to the Company’s 2012 and 2013 reported taxable income. The Company agreed to these adjustments. The resulting settlement paid in September 2016 did not materially impact the Company or its effective tax rate.

These agreements with the IRS are the primary cause for the reductions of unrecognized tax benefits shown in the above chart. The Company believes that in the next 12 months, none of the unrecognized tax benefits will be reduced. In general, the Company is no longer subject to income tax examinations by taxing authorities for tax years that began before 2014. Due to the aforementioned IRS adjustments to the Company’s pre-2014 taxable income, the Company has amended certain of its 2003 through 2013 state income tax returns. Such amendments will cause such years to remain open, pending the states’ acceptances of the returns.