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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 17 – 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)

 

2019

 

 

2018

 

 

2017

 

 

Provision at statutory rate (1)

 

$

60,975

 

 

$

43,823

 

 

$

59,032

 

 

Tax-exempt income:

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax-exempt interest

 

 

(10,243

)

 

 

(9,021

)

 

 

(15,026

)

 

Section 291/265 interest disallowance

 

 

435

 

 

 

321

 

 

 

289

 

 

Company-owned life insurance income

 

 

(2,423

)

 

 

(2,223

)

 

 

(3,029

)

 

Tax-exempt income

 

 

(12,231

)

 

 

(10,923

)

 

 

(17,766

)

 

State income taxes

 

 

6,720

 

 

 

5,621

 

 

 

998

 

 

Tax credit investments - federal

 

 

(4,411

)

 

 

(21,576

)

 

 

(8,500

)

 

Revaluation of deferred tax assets

 

 

 

 

 

 

 

 

39,300

 

 

Other, net

 

 

1,097

 

 

 

905

 

 

 

(125

)

 

Income tax expense

 

$

52,150

 

 

$

17,850

 

 

$

72,939

 

 

Effective tax rate

 

 

18.0

 

%

 

8.6

 

%

 

43.3

 

%

 

(1)

The statutory rate in effect was 21% for 2019 and 2018, compared to 35% for 2017.

 

 

The higher effective tax rate in 2019 when compared to 2018 was primarily the result of a decrease in federal tax credits available as well as an increase in pre-tax book income.  

 

The lower effective tax rate in 2018 when compared to 2017 was primarily the result of the lowering of the federal corporate tax rate to 21% in 2018 and an increase in federal tax credits available.  Old National recorded $39.3 million of additional tax expense in 2017 due to the revaluation of deferred tax assets reflecting the lowering of the federal corporate tax rate to 21%.  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.

Shortly after the enactment date, the SEC issued 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)

 

2019

 

 

2018

 

 

2017

 

Income taxes currently payable:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

22,908

 

 

$

12,256

 

 

$

 

State

 

 

4,490

 

 

 

4,601

 

 

 

 

Deferred income taxes related to:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

20,402

 

 

 

(1,513

)

 

 

31,915

 

Revaluation of deferred tax assets

 

 

 

 

 

 

 

 

39,300

 

State

 

 

4,350

 

 

 

2,506

 

 

 

1,724

 

Deferred income tax expense

 

 

24,752

 

 

 

993

 

 

 

72,939

 

Income tax expense

 

$

52,150

 

 

$

17,850

 

 

$

72,939

 

 

Net Deferred Tax Assets

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

 

(dollars in thousands)

 

2019

 

 

2018

 

Deferred Tax Assets

 

 

 

 

 

 

 

 

Allowance for loan losses, net of recapture

 

$

14,179

 

 

$

14,514

 

Benefit plan accruals

 

 

19,673

 

 

 

21,754

 

Alternative minimum tax credit

 

 

1,272

 

 

 

2,545

 

Net operating loss carryforwards

 

 

25,336

 

 

 

31,765

 

Federal tax credits

 

 

 

 

 

1,779

 

Deferred gain on securities

 

 

3,754

 

 

 

1,976

 

Acquired loans

 

 

16,784

 

 

 

26,956

 

Operating lease liabilities

 

 

26,503

 

 

 

 

Lease exit obligation

 

 

 

 

 

1,025

 

Unrealized losses on available-for-sale investment securities

 

 

 

 

 

11,853

 

Unrealized losses on held-to-maturity investment securities

 

 

 

 

 

2,497

 

Tax credit investments and other partnerships

 

 

1,765

 

 

 

3,004

 

Other real estate owned

 

 

141

 

 

 

144

 

Other, net

 

 

591

 

 

 

3,167

 

Total deferred tax assets

 

 

109,998

 

 

 

122,979

 

Deferred Tax Liabilities

 

 

 

 

 

 

 

 

Accretion on investment securities

 

 

 

 

 

(595

)

Purchase accounting

 

 

(17,564

)

 

 

(18,100

)

Loan servicing rights

 

 

(6,289

)

 

 

(6,141

)

Premises and equipment

 

 

(12,167

)

 

 

(8,507

)

Prepaid expenses

 

 

(973

)

 

 

(681

)

Operating lease right-of-use assets

 

 

(25,448

)

 

 

 

Unrealized gains on available-for-sale investment securities

 

 

(15,751

)

 

 

 

Unrealized gains on hedges

 

 

(78

)

 

 

(358

)

Other, net

 

 

(2,023

)

 

 

(1,549

)

Total deferred tax liabilities

 

 

(80,293

)

 

 

(35,931

)

Net deferred tax assets

 

$

29,705

 

 

$

87,048

 

 

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, 2019 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, 2019 or 2018 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 $78.5 million at December 31, 2019 and $104.5 million at December 31, 2018.  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 2029 to 2033.  Old National has alternative minimum tax credit carryforwards totaling $1.3 million at December 31, 2019 and $10.1 million at December 31, 2018.  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 $1.3 million of alternative minimum tax credit carryforward subject to section 382 limitations, which is included in deferred tax assets.  Old National has recorded state net operating loss carryforwards totaling $148.4 million at December 31, 2019 and $165.6 million at December 31, 2018.  If not used, the state net operating loss carryforwards will expire from 2024 to 2033.  Old National had federal tax credit carryforwards of $1.8 million at December 31, 2018.

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

Old National has an immaterial amount of unrecognized tax benefits.  Old National expects the total amount of unrecognized tax benefits to be reduced to zero after the Internal Revenue Service audit is finalized.

Old National and its subsidiaries file a consolidated U.S. federal income tax return, as well as filing various state returns.  The 2016 through 2019 tax years are open and subject to examination. Old National is currently under audit by the Internal Revenue Service for the 2016 and 2017 tax years.