Income taxes

6 Months Ended

Jun. 30, 2021

Income Tax Disclosure

Income Taxes

Note 30 – Income taxes The reason for the difference between the income tax expense applicable to income before provision for income taxes and the amount computed by applying the statutory tax rate in Puerto Rico, were as follows:

		Quarters ended
		June 30, 2021				June 30, 2020
(In thousands)		Amount	% of pre-tax income			Amount	% of pre-tax income
Computed income tax expense at statutory rates	$	109,189	38	%	$	57,096	38	%
Net benefit of tax exempt interest income		(36,840)	(13)			(29,424)	(19)
Deferred tax asset valuation allowance		5,832	2			2,610	2
Difference in tax rates due to multiple jurisdictions		(4,881)	(2)			(4,210)	(3)
Effect of income subject to preferential tax rate		(1,405)	(1)			(2,727)	(2)
Adjustment due to estimate on the annual effective rate		(405)	-			(2,153)	(2)
State and local taxes		2,530	1			2,614	2
Others		(927)	-			822	-
Income tax expense	$	73,093	25	%	$	24,628	16	%

		Six months ended
		June 30, 2021				June 30, 2020
(In thousands)		Amount	% of pre-tax income			Amount	% of pre-tax income
Computed income tax expense at statutory rates	$	236,488	38	%	$	71,121	38	%
Net benefit of tax exempt interest income		(71,003)	(11)			(62,320)	(33)
Deferred tax asset valuation allowance		16,153	3			8,148	4
Difference in tax rates due to multiple jurisdictions		(15,829)	(3)			4,665	2
Effect of income subject to preferential tax rate		(4,734)	(1)			(4,627)	(2)
Adjustment due to estimate on the annual effective rate		(10,733)	(2)			6,851	4
State and local taxes		2,591	-			2,059	1
Others		(3,009)	-			1,828	1
Income tax expense	$	149,924	24	%	$	27,725	15	%

For the quarter and six months ended June 30, 2021, the Corporation recorded an income tax expense of $73.1 million and $149.9 million, respectively, compared to $24.6 million and $27.7 million for the respective periods of 2020. The increase in income tax expense was primarily due to higher pre-tax income net of the impact of higher net exempt interest income during the quarter and six months ended June 30, 2021.

The following table presents a breakdown of the significant components of the Corporation’s deferred tax assets and liabilities.

			June 30, 2021
(In thousands)			PR		US		Total
Deferred tax assets:
Tax credits available for carryforward		$	3,003	$	2,781	$	5,784
Net operating loss and other carryforward available			131,938		690,284		822,222
Postretirement and pension benefits			75,555		-		75,555
Deferred loan origination fees			20,174		(3,570)		16,604
Allowance for credit losses			270,124		39,463		309,587
Accelerated depreciation			4,400		7,283		11,683
FDIC-assisted transaction			152,665		-		152,665
Intercompany deferred gains			1,782		-		1,782
Lease liability			21,554		25,042		46,596
Difference in outside basis from pass-through entities			61,140		-		61,140
Other temporary differences			39,801		8,335		48,136
	Total gross deferred tax assets		782,136		769,618		1,551,754
Deferred tax liabilities:
Indefinite-lived intangibles			74,970		49,933		124,903
Unrealized net gain (loss) on trading and available-for-sale securities			43,406		6,776		50,182
Right of use assets			19,466		21,314		40,780
Other temporary differences			51,885		1,507		53,392
	Total gross deferred tax liabilities		189,727		79,530		269,257
Valuation allowance			121,614		416,119		537,733
Net deferred tax asset		$	470,795	$	273,969	$	744,764
			December 31, 2020
(In thousands)			PR		US		Total
Deferred tax assets:
Tax credits available for carryforward		$	3,003	$	5,269	$	8,272
Net operating loss and other carryforward available			124,355		698,842		823,197
Postretirement and pension benefits			80,179		-		80,179
Deferred loan origination fees			12,079		(2,652)		9,427
Allowance for credit losses			373,010		38,606		411,616
Accelerated depreciation			3,439		5,390		8,829
FDIC-assisted transaction			152,665		-		152,665
Intercompany deferred gains			1,728		-		1,728
Lease liability			22,790		18,850		41,640
Difference in outside basis from pass-through entities			61,222		-		61,222
Other temporary differences			38,954		7,344		46,298
	Total gross deferred tax assets		873,424		771,649		1,645,073
Deferred tax liabilities:
Indefinite-lived intangibles			73,305		37,745		111,050
Unrealized net gain (loss) on trading and available-for-sale securities			67,003		8,595		75,598
Right of use assets			20,708		15,510		36,218
Other temporary differences			50,247		1,169		51,416
	Total gross deferred tax liabilities		211,263		63,019		274,282
Valuation allowance			112,871		407,225		520,096
Net deferred tax asset		$	549,290	$	301,405	$	850,695

The net deferred tax asset shown in the table above at June 30, 2021 is reflected in the consolidated statements of financial condition as $0.7 billion in net deferred tax assets in the “Other assets” caption (December 31, 2020 - $0.9 billion) and $849 thousand in deferred tax liabilities in the “Other liabilities” caption (December 31, 2020 - $897 thousand), reflecting the aggregate deferred tax assets or liabilities of individual tax-paying subsidiaries of the Corporation in their respective tax jurisdiction, Puerto Rico or the United States.

At June 30, 2021 the net deferred tax asset of the U.S. operations amounted to $690 million with a valuation allowance of approximately $416 million, for a net deferred tax asset after valuation allowance of approximately $274 million. The Corporation evaluates the realization of the deferred tax asset by taxing jurisdiction. The U.S. operation is not in a cumulative three-year loss position and had sustained profitability for the three-year period ended June 30, 2021 with strong pre-tax income for the first two quarters of 2021. This objectively verifiable positive evidence, together with the positive evidence of stable credit metrics, in combination with the length of the expiration of the NOLs are enough to overcome any negative evidence related to the COVID-19 pandemic and the uncertainty created by new variants. As of June 30, 2021, after weighting all positive and negative evidence, the Corporation concluded that it is more likely than not that approximately $274 million of the deferred tax asset from the U.S. operations, comprised mainly of net operating losses, will be realized. The Corporation based this determination on its estimated earnings available to realize the deferred tax asset for the remaining carryforward period, together with the historical level of book income adjusted by permanent differences. Management will continue to monitor and review the U.S. operation’s results and the pre-tax earnings forecast on a quarterly basis to assess the future realization of the deferred tax asset. Management will closely monitor factors, including, net income versus forecast, targeted loan growth, net interest income margin, allowance for credit losses, charge offs, NPLs inflows and NPA balances.

At June 30, 2021, the Corporation’s net deferred tax assets related to its Puerto Rico operations amounted to $471 million net of valuation allowance pertaining to the Holding Company operation.

The Corporation’s Puerto Rico Banking operation is not in a cumulative three-year loss position and had sustained profitability for the three-year period ended June 30, 2021. This is considered a strong piece of objectively verifiable positive evidence that outweighs any negative evidence considered by management in the evaluation of the realization of the deferred tax asset. Based on this evidence and management’s estimate of future taxable income, the Corporation has concluded that it is more likely than not that such net deferred tax asset of the Puerto Rico Banking operations will be realized as of June 30, 2021.

The Holding Company operation is in a cumulative loss position, taking into account taxable income exclusive of reversing temporary differences, for the three years period ending June 30, 2021. Management expects these losses will be a trend in future years. This objectively verifiable negative evidence is considered by management a strong negative evidence that will suggest that income in future years will be insufficient to support the realization of all deferred tax asset. After weighting of all positive and negative evidence management concluded, as of the reporting date, that it is more likely than not that the Holding Company will not be able to realize any portion of the deferred tax assets, considering the criteria of ASC Topic 740. Accordingly, the Corporation has maintained a valuation allowance on the deferred tax asset of $122 million as of June 30, 2021.

The reconciliation of unrecognized tax benefits, excluding interest, was as follows:

(In millions)		2021		2020
Balance at January 1	$	14.8	$	16.3
Balance at March 31	$	14.8	$	16.3
Balance at June 30	$	14.8	$	16.3

At June 30, 2021, the total amount of accrued interest recognized in the statement of financial condition approximated $5.5 million (December 31, 2020 - $4.8 million). The total interest expense recognized at June 30, 2021 was $727 thousand (June 30, 2020 - $1.3 million). Management determined that at June 30, 2021 and December 31, 2020 there was no need to accrue for the payment of penalties. The Corporation’s policy is to report interest related to unrecognized tax benefits in income tax expense, while the penalties, if any, are reported in other operating expenses in the consolidated statements of operations.

After consideration of the effect on U.S. federal tax of unrecognized U.S. state tax benefits, the total amount of unrecognized tax benefits, including U.S. and Puerto Rico, that if recognized, would affect the Corporation’s effective tax rate, was approximately $10.8 million at June 30, 2021 (December 31, 2020 - $10.2 million).

The amount of unrecognized tax benefits may increase or decrease in the future for various reasons including adding amounts for current tax year positions, expiration of open income tax returns due to the statutes of limitation, changes in management’s judgment about the level of uncertainty, status of examinations, litigation and legislative activity and the addition or elimination of uncertain tax positions.

The Corporation and its subsidiaries file income tax returns in Puerto Rico, the U.S. federal jurisdiction, various U.S. states and political subdivisions, and foreign jurisdictions. At June 30, 2021, the following years remain subject to examination in the U.S. Federal jurisdiction: 2017 and thereafter; and in the Puerto Rico jurisdiction, 2014, 2016 and thereafter. The Corporation anticipates a reduction in the total amount of unrecognized tax benefits within the next 12 months, which could amount to approximately $14.2 million, including interest.