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Income Taxes
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
Income Taxes

7.  Income Taxes

The CARES Act, which was signed into law on March 27, 2020, provides relief to corporate taxpayers by permitting a five-year carryback of 2018-2020 net operating losses (“NOLs”), removing the 80% limitation on the carryback of those NOLs, increasing the Section 163(j) 30% limitation on interest expense deductibility to 50% of adjusted taxable income for 2019 and 2020, and accelerates refunds for minimum tax credit carryforwards, along with other provisions.  During 2020, no material adjustments were required to the income tax benefit as a result of the enactment of the CARES Act.  

Provision (benefit) for income taxes are as follows:

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(In Thousands)

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(4

)

 

$

 

 

$

11

 

State

 

 

33

 

 

 

(29

)

 

 

(96

)

Total Current

 

$

29

 

 

$

(29

)

 

$

(85

)

 

 

 

 

 

 

 

 

 

 

 

 

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

(4,631

)

 

$

(14,739

)

 

$

1,415

 

State

 

 

(147

)

 

 

(6,156

)

 

 

410

 

Total Deferred

 

$

(4,778

)

 

$

(20,895

)

 

$

1,825

 

Provision (benefit) for income taxes

 

$

(4,749

)

 

$

(20,924

)

 

$

1,740

 

 

The current provision for federal income taxes shown above includes regular federal income tax after the consideration of permanent and temporary differences between income for GAAP and tax purposes.  The current benefit for state income taxes includes regular state income tax and provisions for uncertain income tax positions, and other similar adjustments.

The deferred tax provision (benefit) results from the recognition of changes in our prior year deferred tax assets and liabilities, and the utilization of state NOL carryforwards and other temporary differences.  We reduce income tax expense for tax credits in the year they arise and are earned.  At December 31, 2020, our gross amount of tax credits available to offset state income taxes was not material.  Most of these tax credits do not expire and carryforward indefinitely.  The gross amount of federal tax credits was $8.1 million.  These credits carryforward for 20 years and begin expiring in 2034.

7.  Income Taxes (continued)

In 2018, we utilized approximately $3.4 million, which includes the impact of changes in tax law, of state NOL carryforwards to reduce tax liabilities (minimal in 2020 and 2019).  At December 31, 2020, we have remaining federal and state tax NOL carryforwards of $629.3 million and $794.4 million, respectively.  The federal NOL carryforwards begin expiring in 2033 and the state NOL carryforwards began expiring in 2020.

We considered both positive and negative evidence in our determination of the need for valuation allowances for the deferred tax assets associated with federal and state NOLs and federal credits and in conjunction with the IRC Section 382 limitation.  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.  In the second quarter of 2018, we established a valuation allowance on a portion of our federal deferred tax assets.  Valuation allowances are reflective of our quarterly analysis of the four sources of taxable income, including the calculation of the reversal of existing tax assets and liabilities, the impact of annual utilization limitations of interest expense and net operating losses and our results of operations.  Based on our analysis, we believe that it is more-likely-than-not that a portion of our federal deferred tax assets will not be able to be utilized.  In addition, we believe that it is more-likely-than-not that a portion of our state deferred tax assets will not be able to be utilized.  Information relating to our valuation allowance are included in the two tables below.  In 2018, the provision for income taxes includes a reversal of approximately $2.3 million of valuation allowance related to tax law changes in 2018.

Deferred tax assets and liabilities include temporary differences and carryforwards as follows:

 

 

 

December 31,

 

 

 

2020

 

 

2019

 

 

 

(In Thousands)

 

 

 

 

 

 

 

 

 

 

Deferred compensation

 

$

2,106

 

 

$

2,073

 

Other accrued liabilities

 

 

2,142

 

 

 

1,051

 

Right-of-use-assets

 

 

6,471

 

 

 

3,774

 

Interest expense carryforward

 

 

36,165

 

 

 

23,164

 

Net operating loss

 

 

170,362

 

 

 

163,750

 

Other

 

 

10,255

 

 

 

11,220

 

Less valuation allowance on deferred tax assets

 

 

(64,655

)

 

 

(51,589

)

Total deferred tax assets

 

$

162,846

 

 

$

153,443

 

 

 

 

 

 

 

 

 

 

Property, plant and equipment

 

 

(183,335

)

 

 

(182,572

)

Lease liability

 

 

(6,508

)

 

 

(3,809

)

Prepaid and other insurance reserves

 

 

(3,942

)

 

 

(2,779

)

Total deferred tax liabilities

 

$

(193,785

)

 

$

(189,160

)

 

 

 

 

 

 

 

 

 

Net deferred tax liabilities

 

$

(30,939

)

 

$

(35,717

)

 

All of our loss before taxes relates to domestic operations.  Detailed below are the differences between the amount of the provision (benefit) for income taxes and the amount which would result from the application of the federal statutory rate to “Loss before provision (benefit) for income taxes.”

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(In Thousands)

 

Benefit for income taxes at federal statutory rate

 

$

(13,999

)

 

$

(17,712

)

 

$

(14,802

)

State current and deferred income tax benefit

 

 

(5,094

)

 

 

(5,282

)

 

 

(4,089

)

Valuation allowance - Federal

 

 

8,758

 

 

 

2,739

 

 

 

14,604

 

Valuation allowance - State

 

 

4,308

 

 

 

2,961

 

 

 

4,112

 

State tax law changes

 

 

(660

)

 

 

(4,388

)

 

 

 

Other

 

 

1,938

 

 

 

758

 

 

 

1,915

 

Provision (benefit) for income taxes

 

$

(4,749

)

 

$

(20,924

)

 

$

1,740

 

 

 

7.  Income Taxes (continued)

A reconciliation of the beginning and ending amount of uncertain tax positions is as follows:

 

 

 

2020

 

 

2019

 

 

2018

 

 

 

(In Thousands)

 

Balance at beginning of year

 

$

519

 

 

$

577

 

 

$

618

 

Additions based on tax positions related to the current year

 

 

 

 

 

 

 

 

 

Reductions for tax positions of prior years

 

 

(55

)

 

 

(58

)

 

 

(41

)

Balance at end of year

 

$

464

 

 

$

519

 

 

$

577

 

 

We expect that the amount of unrecognized tax benefits may change as the result of ongoing operations, the outcomes of audits, and the expiration of statute of limitations.  This change is not expected to have a significant effect on our results of operations or financial condition.  For 2020, 2019, and 2018, if recognized, the effect on the effective tax rate from unrecognized tax benefits would be insignificant.

We record interest related to unrecognized tax positions in interest expense and penalties in operating other expense.  For 2020, 2019 and 2018, the amounts for interest and penalties associated with unrecognized tax benefits were minimal.  In addition, the amounts accrued for interest and penalties were minimal at December 31, 2020 and 2019.

LSB and certain of its subsidiaries file income tax returns in the U.S. federal jurisdiction and various state jurisdictions.  With few exceptions, the 2016-2020 years remain open for all purposes of examination by the U.S. Internal Revenue Service (“IRS”) and other major tax jurisdictions. During 2018, the IRS concluded their examination of our 2015 tax return and there are no changes to our financial position, results of operations or cash flow resulting from the audit.