XML 60 R19.htm IDEA: XBRL DOCUMENT v2.4.0.8
Income Taxes
9 Months Ended
Sep. 30, 2014
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes

The Company qualifies and has elected to be taxed as a real estate investment trust ("REIT") under the Internal Revenue Code of 1986, as amended (the "Code").  The Company will generally not be subject to federal income tax to the extent that it distributes its taxable income to the Company's stockholders, and as long as the Company satisfies the ongoing REIT requirements including meeting certain asset, income, and stock ownership tests. All operations are conducted through the operating partnership and its subsidiaries. The operating partnership is not subject to income tax and all of the taxable income, gains, losses, deductions, and credits are passed through to its partners. However, the operating partnership and some of its subsidiaries are subject to income taxes in Texas.

The Company has elected to treat certain consolidated subsidiaries as taxable REIT subsidiaries (collectively, the "TRS"), which are tax paying entities for income tax purposes and are taxed separately from the Company.  The TRS may participate in non-real estate related activities and/or perform non-customary services for tenants and are subject to federal and state income tax at regular corporate tax rates.

The TRS had income tax expense of approximately $164,000 for the three months ended September 30, 2014, consisting of a deferred income tax benefit of approximately $2.0 million and current income tax expense of approximately $2.1 million. The TRS had an income tax benefit of approximately $839,000 for the three months ended September 30, 2013, consisting of a deferred income tax benefit of approximately $568,000 and a current income tax benefit of approximately $271,000.
    

The TRS had income tax expense of approximately $762,000 for the nine months ended September 30, 2014, consisting of a deferred income tax benefit of approximately $2.0 million and current income tax expense of approximately $2.8 million. The TRS had an income tax benefit of approximately $1.7 million for the nine months ended September 30, 2013, consisting of a deferred income tax benefit of approximately $1.7 million and a current income tax benefit of approximately $27,000.

FASB ASC 740-10-30-17, “Accounting for Income Taxes” requires that deferred tax assets be reduced by a valuation allowance if it is more likely than not that some or all of the deferred tax asset will not be realized. Future realization of the deferred tax asset is dependent on the reversal of existing taxable temporary differences, carryback potential, tax planning strategies and on the TRS generating sufficient taxable income in future years. As of December 31, 2013, a valuation allowance related to the TRS's net deferred tax assets was required because the Company's management determined that it was more likely than not that such assets would be realized. After a detailed evaluation of all relevant evidence, the valuation allowance related to the Company’s federal and state deferred tax assets was reversed during the third quarter of 2014 as the Company’s management determined that it is more likely than not that benefits related to the federal and state deferred tax assets will be realized due to the future reversal of the taxable temporary differences.
 
FASB ASC 740-10-25, “Accounting for Income Taxes” subsection “Recognition” clarifies the accounting for uncertainty in income taxes recognized in a company’s financial statements. The interpretation prescribes a recognition threshold and measurement attribute criteria for the financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. The interpretation also provides guidance on derecognition, classification, interest and penalties, accounting in interim periods, disclosure and transition. The Company’s policy is to recognize interest and penalties related to unrecognized tax benefits as components of income tax expense. As of September 30, 2014, there is no interest or penalty associated with unrecognized tax benefits. The Company anticipates no change in unrecognized tax benefits within the next twelve months.