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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
We are subject to income tax in the U.S. federal jurisdiction and various state and foreign jurisdictions and have identified our federal and California tax returns as major tax filings. Our U.S. federal tax returns for 2013 and subsequent years remain open to full examination. Our California tax returns for 2012 and subsequent tax years remain open to full examination.
The components of our provision for income taxes for 2016, 2015 and 2014 were as follows:
 
 
Year ended December 31,
(Dollars in thousands)
 
2016
 
2015
 
2014
Current provision:
 
 
 
 
 
 
Federal
 
$
195,249

 
$
191,194

 
$
181,011

State
 
59,319

 
50,815

 
45,488

Deferred benefit:
 
 
 
 
 
 
Federal
 
(3,560
)
 
(11,270
)
 
(36,067
)
State
 
(675
)
 
(1,985
)
 
(6,924
)
Income tax expense
 
$
250,333

 
$
228,754

 
$
183,508



Our effective tax rate is calculated by dividing income tax expense by the sum of income before income tax expense and the net income attributable to noncontrolling interests. The reconciliation between the federal statutory income tax rate and our effective income tax rate for 2016, 2015 and 2014, is as follows:
 
 
December 31,
(Dollars in thousands)
 
2016
 
2015
 
2014
Federal statutory income tax rate
 
35.0
 %
 
35.0
 %
 
35.0
 %
State income taxes, net of the federal tax effect
 
5.9

 
5.7

 
5.6

Meals and entertainment
 
0.4

 
0.3

 
0.3

Disallowed officer's compensation
 
0.1

 
0.3

 
0.3

Share-based compensation expense on incentive stock options and ESPP
 

 

 
0.2

Tax-exempt interest income
 
(0.2
)
 
(0.2
)
 
(0.3
)
Valuation allowance benefit
 
(0.3
)
 
(0.4
)
 

Qualified affordable housing project tax credits
 
(0.5
)
 
(0.5
)
 
(0.5
)
Other, net
 
(0.9
)
 
(0.3
)
 
0.4

Effective income tax rate
 
39.5
 %
 
39.9
 %
 
41.0
 %


Deferred tax assets and liabilities at December 31, 2016 and 2015, consisted of the following:
 
 
December 31,
(Dollars in thousands)
 
2016
 
2015
Deferred tax assets:
 
 
 
 
Allowance for loan losses
 
$
110,248

 
$
102,410

Other accruals
 
20,502

 
6,670

Share-based compensation expense
 
15,498

 
11,979

State income taxes
 
12,682

 
11,933

Deferred rent
 
10,050

 

Loan fee income and costs
 
8,266

 
13,770

Accrued compensation
 
6,799

 
8,720

Net operating loss
 
4,116

 
4,406

Other
 
2,168

 
2,645

Deferred tax assets
 
190,329

 
162,533

Valuation allowance
 
(4,440
)
 
(4,730
)
Net deferred tax assets after valuation allowance
 
185,889

 
157,803

 
 
 
 
 
Deferred tax liabilities:
 
 
 
 
Change in accounting method (section 481(a))
 
(35,262
)
 

Derivative equity warrant assets
 
(36,406
)
 
(31,955
)
Net unrealized gains on available-for-sale securities
 
(17,970
)
 
(10,199
)
Premises and equipment and other intangibles
 
(11,956
)
 

Non-marketable and other securities
 
(6,075
)
 
(35,721
)
Deferred rent
 

 
(1,843
)
Other
 
(6,380
)
 
(4,144
)
Deferred tax liabilities
 
(114,049
)
 
(83,862
)
Net deferred tax assets
 
$
71,840

 
$
73,941


At December 31, 2016 and 2015, federal net operating loss carryforwards totaled $4 million and $10 million, respectively. State net operating loss carryforwards were $2 million as of December 31, 2015. There were no remaining state operating loss carryforwards as of December 31, 2016. Our foreign net operating loss carryforwards totaled $16 million and $4 million at December 31, 2016 and 2015, respectively. These net operating loss carryforwards expire at various dates beginning in 2027.
Currently, we believe that it is more likely than not that the benefit from these net operating loss carryforwards, which are associated with our former eProsper business unit, part of SVB Analytics, and our UK operations, will not be realized in the near term due to uncertainties in the timing of future profitability in those businesses. In recognition of this, our valuation allowance is $4 million on the deferred tax assets related to these net operating loss carryforwards and research and development credits at December 31, 2016. We believe it is more likely than not that the remaining deferred tax assets will be realized through recovery of taxes previously paid and/or future taxable income. Therefore, no valuation allowance was provided for the remaining deferred tax assets.
At December 31, 2016, our unrecognized tax benefit was $5.3 million, the recognition of which would reduce our income tax expense by $3.4 million. We do not expect that our unrecognized tax benefit will materially change in the next 12 months.
We recognize interest and penalties related to income tax matters as part of income before income taxes. Interest and penalties were not material for year ended December 31, 2016.
A summary of changes in our unrecognized tax benefit (including interest and penalties) for December 31, 2016, 2015 and 2014 is as follows:
(Dollars in thousands)
 
Reconciliation of Unrecognized Tax Benefit
 
Interest & Penalties
 
Total
Balance at December 31, 2013
 
$
252

 
$
91

 
$
343

Additions for tax positions for current year
 
2,879

 

 
2,879

Additions for tax positions for prior years
 
349

 
47

 
396

Lapse of the applicable statute of limitations
 
(83
)
 
(38
)
 
(121
)
Balance at December 31, 2014
 
$
3,397

 
$
100

 
$
3,497

Additions for tax positions for current year
 
1,208

 

 
1,208

Additions for tax positions for prior years
 

 
228

 
228

Reduction for tax positions for prior years
 
(1,228
)
 
(22
)
 
(1,250
)
Lapse of the applicable statute of limitations
 
(20
)
 
(5
)
 
(25
)
Balance at December 31, 2015
 
$
3,357

 
$
301

 
$
3,658

Additions for tax positions for current year
 
793

 

 
793

Additions for tax positions for prior years
 
1,427

 
166

 
1,593

Reduction for tax positions for prior years
 
(271
)
 
(16
)
 
(287
)
Lapse of the applicable statute of limitations
 
(37
)
 
(9
)
 
(46
)
Balance at December 31, 2016
 
$
5,269

 
$
442

 
$
5,711