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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Schedule of tax treatment of distributions per common share Our tax treatment of distributions per common share was as follows:
For the Years Ended December 31,
202120202019
Tax treatment of distributions:   
Ordinary income$— $— $— 
Qualified ordinary income0.00330 0.00696 0.12230 
199A qualified business income1.25274 2.14381 2.22898 
Long-term capital gain0.16448 0.28450 — 
Unrecaptured Section 1250 gain0.37948 0.04973 0.03434 
Non-dividend distribution— — 0.78438 
Distribution reported for 1099-DIV purposes1.80000 2.48500 3.17000 
Add: Dividend declared in current year and taxable in following year0.45000 0.45000 0.79250 
Less: Dividend declared in prior year and taxable in current year(0.45000)(0.79250)(0.79250)
Distribution declared per common share outstanding$1.80000 $2.14250 $3.17000 
Schedule of provision (benefit) for income taxes Our consolidated expense (benefit) for income taxes was as follows (dollars in thousands):
For the Years Ended December 31,
202120202019
Current - Federal $662 $402 $(1,840)
Current - State2,116 2,107 2,118 
Deferred - Federal 6,431 (56,835)(49,532)
Deferred - State72 (35,447)(3,353)
Current - Foreign3,439 2,929 2,335 
Deferred - Foreign(7,893)(9,690)(6,038)
Total$4,827 $(96,534)$(56,310)
Schedule of reconciliation of income tax expense
A reconciliation of income tax expense and benefit, which is computed by applying the federal corporate tax rate for the years ended December 31, 2021, 2020 and 2019, to the income tax expense and benefit is as follows (dollars in thousands):
For the Years Ended December 31,
202120202019
Tax at statutory rate on earnings from continuing operations before unconsolidated entities, noncontrolling interest and income taxes
$(34,127)$27,132 $77,803 
State income taxes, net of federal benefit(8,256)(1,967)2,341 
Change in valuation allowance from ordinary operations59,572 86,359 (47,227)
Tax at statutory rate on earnings not subject to federal income taxes(22,869)(53,808)(90,862)
Foreign rate differential and foreign taxes4,405 3,342 1,407 
Change in tax status of TRS3,485 (150,287)(52)
Other differences2,617 (7,305)280 
Income tax expense (benefit)$4,827 $(96,534)$(56,310)
Summary of tax effects of temporary differences and carryforwards included in the net deferred tax liabilities The tax effects of temporary differences and carryforwards included in the net deferred tax liabilities are summarized as follows (dollars in thousands):
As of December 31,
202120202019
Property, primarily differences in depreciation and amortization, the tax basis of land assets and the treatment of interests and certain costs
$(58,691)$(60,494)$(257,373)
Operating loss and interest deduction carryforwards187,407 124,606 136,771 
Expense accruals and other21,628 10,516 7,380 
Valuation allowance(198,450)(127,279)(40,114)
Net deferred tax liabilities $(48,106)$(52,651)$(153,336)
Summary of activity related to unrecognized tax benefits
The following table summarizes the activity related to our unrecognized tax benefits (dollars in thousands):
20212020
Balance as of January 1$6,057 $12,127 
Additions to tax positions related to prior years29 74 
Subtractions to tax positions related to prior years(4)(6,144)
Balance as of December 31$6,082 $6,057