XML 47 R25.htm IDEA: XBRL DOCUMENT v3.10.0.1
Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 16 – INCOME TAXES

Following is a summary of the major items comprising the differences in taxes from continuing operations computed at the federal statutory rate and as recorded in the consolidated statement of income:

 

 

 

Years Ended December 31,

(dollars in thousands)

 

2018

 

 

2017

 

 

2016

 

 

Provision at statutory rate (1)

 

$

43,823

 

 

$

59,032

 

 

$

70,149

 

 

Tax-exempt income:

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax-exempt interest

 

 

(9,021

)

 

 

(15,026

)

 

 

(14,356

)

 

Section 291/265 interest disallowance

 

 

321

 

 

 

289

 

 

 

191

 

 

Company-owned life insurance income

 

 

(2,223

)

 

 

(3,029

)

 

 

(2,968

)

 

Tax-exempt income

 

 

(10,923

)

 

 

(17,766

)

 

 

(17,133

)

 

State income taxes

 

 

5,621

 

 

 

998

 

 

 

3,461

 

 

Tax credit investments - federal

 

 

(21,576

)

 

 

(8,500

)

 

 

(321

)

 

Revaluation of deferred tax assets

 

 

 

 

 

39,300

 

 

 

 

 

ONB Insurance Group, Inc. nondeductible goodwill

 

 

 

 

 

 

 

 

8,328

 

 

Other, net

 

 

905

 

 

 

(125

)

 

 

1,678

 

 

Income tax expense

 

$

17,850

 

 

$

72,939

 

 

$

66,162

 

 

Effective tax rate

 

 

8.6

 

%

 

43.3

 

%

 

33.0

 

%

 

(1)

The statutory rate in effect was 21% for 2018, compared to 35% for 2017 and 2016.

 

 

The lower effective tax rate in 2018 when compared 2017 is primarily the result of the lowering of the federal corporate tax rate to 21% in 2018 and an increase in federal tax credits available.

 

The higher effective tax rate in 2017 when compared to 2016 was the result of $39.3 million of additional tax expense in 2017 to estimate the revaluation of deferred tax assets due to the lowering of the federal corporate tax rate to 21%, partially offset by an increase in federal tax credits available.  On December 22, 2017, the Tax Cuts and Jobs Act (“H.R. 1”) was enacted into legislation.  Under ASC 740, the effects of changes in tax rates and laws are recognized in the period in which the new legislation is enacted.  Accordingly, Old National recorded an estimated $39.3 million for the revaluation of Old National’s deferred tax assets.

Shortly after the enactment date, the SEC issued Staff Accounting Bulletin (“SAB”) 118, which addresses the situations where the accounting for changes in tax laws is complete, incomplete but can be reasonably estimated, and incomplete and cannot be reasonably estimated.  SAB 118 also permits a measurement period of up to one year from the date of enactment to refine the provisional accounting. Old National completed its analysis of H.R. 1 during the second quarter of 2018 and there were immaterial adjustments made to the revaluation of Old National’s deferred tax assets.

The provision for income taxes consisted of the following components for the years ended December 31:

 

 

 

Years Ended December 31,

 

(dollars in thousands)

 

2018

 

 

2017

 

 

2016

 

Income taxes currently payable:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

12,256

 

 

$

 

 

$

23,735

 

State

 

 

4,601

 

 

 

 

 

 

2,242

 

Deferred income taxes related to:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(1,513

)

 

 

31,915

 

 

 

35,955

 

Revaluation of deferred tax assets

 

 

 

 

 

39,300

 

 

 

 

State

 

 

2,506

 

 

 

1,724

 

 

 

4,230

 

Deferred income tax expense

 

 

993

 

 

 

72,939

 

 

 

40,185

 

Income tax expense

 

$

17,850

 

 

$

72,939

 

 

$

66,162

 

 

Net Deferred Tax Assets

Significant components of net deferred tax assets (liabilities) were as follows at December 31:

 

(dollars in thousands)

 

2018

 

 

2017

 

Deferred Tax Assets

 

 

 

 

 

 

 

 

Allowance for loan losses, net of recapture

 

$

14,514

 

 

$

12,958

 

Benefit plan accruals

 

 

21,694

 

 

 

11,080

 

Alternative minimum tax credit

 

 

2,545

 

 

 

25,084

 

Unrealized losses on benefit plans

 

 

61

 

 

 

108

 

Net operating loss carryforwards

 

 

31,765

 

 

 

39,631

 

Federal tax credits

 

 

1,779

 

 

 

5,516

 

Deferred gain on securities

 

 

1,976

 

 

 

 

Other-than-temporary impairment

 

 

37

 

 

 

1,424

 

Acquired loans

 

 

26,956

 

 

 

29,669

 

Lease exit obligation

 

 

1,025

 

 

 

1,337

 

Unrealized losses on available-for-sale investment securities

 

 

11,853

 

 

 

14,011

 

Unrealized losses on held-to-maturity investment securities

 

 

2,497

 

 

 

3,630

 

Unrealized losses on hedges

 

 

 

 

 

923

 

Tax credit investments

 

 

662

 

 

 

 

Other real estate owned

 

 

144

 

 

 

369

 

Other, net

 

 

5,471

 

 

 

829

 

Total deferred tax assets

 

 

122,979

 

 

 

146,569

 

Deferred Tax Liabilities

 

 

 

 

 

 

 

 

Accretion on investment securities

 

 

(595

)

 

 

(493

)

Purchase accounting

 

 

(18,100

)

 

 

(16,718

)

Loan servicing rights

 

 

(6,141

)

 

 

(6,058

)

Premises and equipment

 

 

(8,507

)

 

 

(10,052

)

Prepaid expenses

 

 

(681

)

 

 

(1,277

)

Tax credit investments

 

 

 

 

 

(168

)

Unrealized gains on hedges

 

 

(358

)

 

 

 

Other, net

 

 

(1,549

)

 

 

(946

)

Total deferred tax liabilities

 

 

(35,931

)

 

 

(35,712

)

Net deferred tax assets

 

$

87,048

 

 

$

110,857

 

 

Through the acquisition of Anchor (WI) in the second quarter of 2016 and Lafayette Savings Bank in the fourth quarter of 2014, both former thrifts, Old National Bank’s retained earnings at December 31, 2018 include base-year

bad debt reserves, created for tax purposes prior to 1988, totaling $52.8 million.  Of this total, $50.9 million was acquired from Anchor (WI), and $1.9 million was acquired from Lafayette Savings Bank.  Base-year reserves are subject to recapture in the unlikely event that Old National Bank (1) makes distributions in excess of current and accumulated earnings and profits, as calculated for federal income tax purposes, (2) redeems its stock, or (3) liquidates.  Old National Bank has no intention of making such a nondividend distribution. Accordingly, under current accounting principles, a related deferred income tax liability of $13.0 million has not been recognized.

No valuation allowance was recorded at December 31, 2018 or 2017 because, based on current expectations, Old National believes it will generate sufficient income in future years to realize deferred tax assets.  Old National has federal net operating loss carryforwards totaling $104.5 million at December 31, 2018 and $130.7 million at December 31, 2017.  This federal net operating loss was acquired from the acquisition of Anchor (WI) in 2016.  If not used, the federal net operating loss carryforwards will expire from 2028 to 2033.  Old National has alternative minimum tax credit carryforwards totaling $10.1 million at December 31, 2018 and $25.1 million at December 31, 2017.  The enactment of H.R.1 eliminates the parallel tax system known as the alternative minimum tax and allows any existing alternative minimum tax credits to be used to reduce regular tax or be refunded from 2018 to 2021. ASC 740 allows for the reclassification of the alternative minimum tax credit from a deferred tax asset to a current tax asset, except for the amount limited by section 382. Old National has $2.5 million of alternative minimum tax credit carryforward subject to section 382 limitations.  The $2.5 million is maintained in deferred tax assets and the remaining $21.5 million has been reclassified to a current tax asset. Old National has federal tax credit carryforwards of $1.8 million at December 31, 2018 and $5.5 million at December 31, 2017.  The federal tax credits consist mainly of energy efficient home credits, low income housing credits, and research and development credits that, if not used, will expire from 2025 to 2038.  Old National has recorded state net operating loss carryforwards totaling $165.6 million at December 31, 2018 and $203.6 million at December 31, 2017.  If not used, the state net operating loss carryforwards will expire from 2024 to 2033.

The federal and recorded state net operating loss carryforwards are subject to an annual limitation under Internal Revenue Code section 382.  Old National believes that all of the recorded net operating loss carryforwards will be used prior to expiration.

Unrecognized Tax Benefits

Unrecognized state income tax benefits are reported net of their related deferred federal income tax benefit.

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

 

 

 

Years Ended December 31,

 

(dollars in thousands)

 

2018

 

 

2017

 

 

2016

 

Balance at beginning of period

 

$

874

 

 

$

777

 

 

$

124

 

Additions based on tax positions related to the current year

 

 

 

 

 

162

 

 

 

118

 

Additions (reductions) based on tax positions related to prior years

 

 

(78

)

 

 

 

 

 

537

 

Reductions due to statute of limitations expiring

 

 

(301

)

 

 

(173

)

 

 

(2

)

Revaluation due to Tax Reform

 

 

 

 

 

108

 

 

 

 

Balance at end of period

 

$

495

 

 

$

874

 

 

$

777

 

 

If recognized, approximately $0.5 million of unrecognized tax benefits, net of interest, would favorably affect the effective income tax rate in future periods.  Old National expects the total amount of unrecognized tax benefits to be reduced to zero in the next twelve months.

It is our policy to recognize interest and penalties accrued relative to unrecognized tax benefits in their respective federal or state income tax accounts.  We did not recognize any interest and penalties in 2018.  We recorded interest and penalties in the income statement of $10 thousand in 2017 and $0.1 million in 2016.  The amount accrued for interest and penalties in the balance sheet was $0.1 million at December 31, 2018 and 2017.

Old National and its subsidiaries file a consolidated U.S. federal income tax return, as well as filing various state returns.  The 2015 through 2018 tax years are open and subject to examination.

Old National reversed $0.4 million in 2018 related to uncertain tax positions accounted for under FASB ASC 740-10 (FASB Interpretation No. 48, Accounting for Uncertainty in Income Taxes) (“ASC Topic 740-10”).  The income tax reversal related to the 2014 statute of limitations expiring in the third quarter of 2018 totaled $0.3 million.  The

income tax reversal related to reductions for tax positions in prior years totaled $0.1 million.  As a result, Old National reversed a total of $0.4 million from its unrecognized tax benefit liability.