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

13.    Income taxes

The components of income tax expense were as follows:

 

 

 

Year Ended December 31

 

 

 

2018

 

 

2017

 

 

2016

 

 

 

(In thousands)

 

Current

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

408,428

 

 

$

363,043

 

 

$

428,750

 

State and local

 

 

113,706

 

 

 

94,714

 

 

 

95,426

 

Total current

 

 

522,134

 

 

 

457,757

 

 

 

524,176

 

Deferred

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(12,780

)

 

 

367,308

 

 

 

147,662

 

State and local

 

 

28,637

 

 

 

33,482

 

 

 

26,351

 

Total deferred

 

 

15,857

 

 

 

400,790

 

 

 

174,013

 

Amortization of investments in qualified affordable housing projects

 

 

52,169

 

 

 

57,009

 

 

 

45,095

 

Total income taxes applicable to pre-tax income

 

$

590,160

 

 

$

915,556

 

 

$

743,284

 

 

The Company files a consolidated federal income tax return reflecting taxable income earned by all domestic subsidiaries. In prior years, applicable federal tax law allowed certain financial institutions the option of deducting as bad debt expense for tax purposes amounts in excess of actual losses. In accordance with GAAP, such financial institutions were not required to provide deferred income taxes on such excess. Recapture of the excess tax bad debt reserve established under the previously allowed method will result in taxable income if M&T Bank fails to maintain bank status as defined in the Internal Revenue Code or charges are made to the reserve for other than bad debt losses. At December 31, 2018, M&T Bank’s tax bad debt reserve for which no federal income taxes have been provided was $137,121,000. No actions are planned that would cause this reserve to become wholly or partially taxable.

Income taxes attributable to gains or losses on bank investment securities were a benefit of $1,628,000 in 2018, and an expense of $7,195,000 in 2017 and $11,925,000 in 2016.  No alternative minimum tax expense was recognized in 2017 or 2016.

The Tax Cuts and Jobs Act (“Tax Act”) was signed into law on December 22, 2017, reducing the corporate federal income tax rate from 35% to 21% effective January 1, 2018 and making other changes to U.S. corporate income tax laws, including eliminating the alternative minimum tax as of January 1, 2018.  GAAP requires that the impact of the provisions of the Tax Act be accounted for in the period of enactment.  Accordingly, the incremental income tax expense recorded by the Company in the fourth quarter of 2017 related to the Tax Act was $85 million.  That additional expense was largely attributable to the reduction in carrying value of net deferred tax assets reflecting lower future tax benefits resulting from the lower corporate income tax rate.  During 2018 the Company received approval from the Internal Revenue Service to change the timing of recognition of certain loan fees retroactive to 2017.  Given the reduction of the federal income tax rate, the change resulted in a $15 million reduction of income tax expense in 2018.  The Company also adopted new accounting guidance for share-based transactions during the first quarter of 2017. That guidance requires that all excess tax benefits and tax deficiencies associated with share-based compensation be recognized as a component of income tax expense in the income statement. Previously, tax effects resulting from changes in M&T’s share price subsequent to the grant date were recorded through shareholders’ equity at the time of vesting or exercise.  The adoption of the amended accounting guidance resulted in a $9 million and $22 million reduction of income tax expense in 2018 and 2017, respectively.

Total income taxes differed from the amount computed by applying the statutory federal income tax rate to pre-tax income as follows:

 

 

 

Year Ended December 31

 

 

 

2018

 

 

2017

 

 

2016

 

 

 

(In thousands)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income taxes at statutory federal income tax rate

 

$

526,730

 

 

$

813,352

 

 

$

720,439

 

Increase (decrease) in taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Tax-exempt income

 

 

(26,186

)

 

 

(40,778

)

 

 

(35,364

)

State and local income taxes, net of federal income tax effect

 

 

112,451

 

 

 

83,327

 

 

 

79,155

 

Qualified affordable housing project federal tax credits, net

 

 

(12,240

)

 

 

(16,015

)

 

 

(15,091

)

Initial impact of enactment of Tax Act

 

 

 

 

 

85,431

 

 

 

 

Other

 

 

(10,595

)

 

 

(9,761

)

 

 

(5,855

)

 

 

$

590,160

 

 

$

915,556

 

 

$

743,284

 

 

Deferred tax assets (liabilities) were comprised of the following at December 31:

 

 

 

2018

 

 

2017

 

 

2016

 

 

 

(In thousands)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Losses on loans and other assets

 

$

322,818

 

 

$

345,609

 

 

$

590,288

 

Retirement benefits

 

 

30,057

 

 

 

45,322

 

 

 

143,067

 

Postretirement and other employee benefits

 

 

23,563

 

 

 

26,009

 

 

 

52,512

 

Incentive and other compensation plans

 

 

24,796

 

 

 

25,050

 

 

 

36,616

 

Interest on loans

 

 

 

 

 

37,900

 

 

 

61,266

 

Stock-based compensation

 

 

26,759

 

 

 

26,676

 

 

 

52,181

 

Unrealized losses

 

 

52,580

 

 

 

 

 

 

10,741

 

Other

 

 

43,880

 

 

 

66,247

 

 

 

106,876

 

Gross deferred tax assets

 

 

524,453

 

 

 

572,813

 

 

 

1,053,547

 

Leasing transactions

 

 

(186,787

)

 

 

(181,159

)

 

 

(266,268

)

Unrealized gains

 

 

 

 

 

(94,285

)

 

 

 

Capitalized servicing rights

 

 

(54,894

)

 

 

(51,781

)

 

 

(71,108

)

Depreciation and amortization

 

 

(61,881

)

 

 

(52,733

)

 

 

(63,959

)

Interest on loans

 

 

(18,920

)

 

 

 

 

 

 

Other

 

 

(28,350

)

 

 

(21,599

)

 

 

(87,200

)

Gross deferred tax liabilities

 

 

(350,832

)

 

 

(401,557

)

 

 

(488,535

)

Net deferred tax asset

 

$

173,621

 

 

$

171,256

 

 

$

565,012

 

 

The Company believes that it is more likely than not that the deferred tax assets will be realized through taxable earnings or alternative tax strategies.

The income tax credits shown in the statement of income of M&T in note 25 arise principally from operating losses before dividends from subsidiaries.

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

 

 

 

Federal,

State and

Local Tax

 

 

Accrued

Interest

 

 

Unrecognized

Income Tax

Benefits

 

 

 

(In thousands)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gross unrecognized tax benefits at January 1, 2016

 

$

24,537

 

 

$

7,969

 

 

$

32,506

 

   Increases as a result of tax positions taken during 2016

 

 

12,237

 

 

 

 

 

 

12,237

 

   Increases as a result of tax positions taken in prior years

 

 

 

 

 

656

 

 

 

656

 

   Decreases as a result of tax positions taken in prior years

 

 

(885

)

 

 

(710

)

 

 

(1,595

)

Gross unrecognized tax benefits at December 31, 2016

 

 

35,889

 

 

 

7,915

 

 

 

43,804

 

   Increases as a result of tax positions taken during 2017

 

 

13,019

 

 

 

 

 

 

13,019

 

   Increases as a result of tax positions taken in prior years

 

 

 

 

 

1,379

 

 

 

1,379

 

   Decreases as a result of settlements with taxing authorities

 

 

(332

)

 

 

(168

)

 

 

(500

)

   Decreases as a result of tax positions taken in prior years

 

 

(3,144

)

 

 

(3,475

)

 

 

(6,619

)

Gross unrecognized tax benefits at December 31, 2017

 

 

45,432

 

 

 

5,651

 

 

 

51,083

 

   Increases as a result of tax positions taken during 2018

 

 

13,426

 

 

 

 

 

 

13,426

 

   Increases as a result of tax positions taken in prior years

 

 

 

 

 

1,969

 

 

 

1,969

 

   Decreases as a result of settlements with taxing authorities

 

 

(664

)

 

 

(289

)

 

 

(953

)

   Decreases as a result of tax positions taken in prior years

 

 

(1,920

)

 

 

(702

)

 

 

(2,622

)

Gross unrecognized tax benefits at December 31, 2018

 

$

56,274

 

 

$

6,629

 

 

 

62,903

 

Less: Federal, state and local income tax benefits

 

 

 

 

 

 

 

 

 

 

(13,209

)

Net unrecognized tax benefits at December 31, 2018 that,

   if recognized, would impact the effective income tax rate

 

 

 

 

 

 

 

 

 

$

49,694

 

 

The Company’s policy is to recognize interest and penalties, if any, related to unrecognized tax benefits in income taxes in the consolidated statement of income. The balance of accrued interest at December 31, 2018 is included in the table above. The Company’s federal, state and local income tax returns are routinely subject to examinations from various governmental taxing authorities. Such examinations may result in challenges to the tax return treatment applied by the Company to specific transactions. Management believes that the assumptions and judgment used to record tax-related assets or liabilities have been appropriate. Should determinations rendered by tax authorities ultimately indicate that management’s assumptions were inappropriate, the result and adjustments required could have a material effect on the Company’s results of operations. Examinations by the Internal Revenue Service of the Company’s federal income tax returns have been largely concluded through 2017, although under statute the income tax returns from 2015 through 2017 could be adjusted. The Company also files income tax returns in over forty states and numerous local jurisdictions. Substantially all material state and local matters have been concluded for years through 2013. It is not reasonably possible to estimate when examinations for any subsequent years will be completed.