Note 10: Income Taxes

Benefit for income taxes from continuing operations are as follows:

	Three Months Ended
	March 31,
	2017			2016
	(In Thousands)
Current:
Federal	$	—		$	—
State		(40	)		87
Total Current	$	(40	)	$	87

Deferred:
Federal	$	(1,212	)	$	(5,259	)
State		(30	)		322
Total Deferred	$	(1,242	)	$	(4,937	)
Benefit for income taxes	$	(1,282	)	$	(4,850	)

For the three months ended March 31, 2017 and 2016, the current provision (benefit) for state income taxes shown above includes regular state income tax and provisions for uncertain state income tax positions.

Our annual estimated effective rate for 2017 includes the impact of permanent tax differences, such as a loss on embedded derivatives, valuation allowances, and other permanent items.

We reduce our deferred tax assets by a valuation allowance if, based upon the weight of available evidence, it is more-likely-than-not that we will not realize some portion or all of the deferred tax assets. We consider relevant evidence, both positive and negative, to determine the need for a valuation allowance. Information evaluated includes our financial position and results of operations for the current and preceding years, the availability of deferred tax liabilities and tax carrybacks, as well as an evaluation of currently available information about future years. We determined it was more-likely-than-not that a portion of the state NOL carryforwards would not be able to be utilized before expiration and we estimate the valuation allowance associated with these state NOL carryforwards to be recorded during 2017 will be approximately $6.1 million.

We will continue to evaluate both the positive and negative evidence on a quarterly basis in determining the need for a valuation allowance with respect to our deferred tax assets. Changes in positive and negative evidence, including differences between estimated and actual results, could result in changes in the valuation of our deferred tax assets that could have a material impact on our consolidated financial statements. Changes in existing tax laws could also affect actual tax results and the realization of deferred tax assets over time.

The tax benefit from continuing operations for the three months ended March 31, 2017 was $1.3 million (18% of pre-tax loss) and the tax benefit for the three months ended March 31, 2016 was $4.9 million (24% of pre-tax loss). For the first quarter of 2017, the effective tax rate is significantly less than the statutory tax rate primarily due to the impact of the valuation allowances associated with the state NOL carryforwards.

LSB and certain of its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state jurisdictions. With few exceptions, the 2013-2015 years remain open for all purposes of examination by the U.S. Internal Revenue Service and other major tax jurisdictions.