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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Taxes  
Income Taxes

Note 12—Income Taxes

The provision for income taxes consists of the following:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31,

 

(Dollars in thousands)

 

2016

 

2015

 

2014

 

Current:

    

 

    

    

 

    

    

 

    

 

Federal

 

$

37,187

 

$

41,527

 

$

8,577

 

State

 

 

3,325

 

 

2,327

 

 

1,609

 

Total current tax expense

 

 

40,512

 

 

43,854

 

 

10,186

 

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

11,684

 

 

6,344

 

 

26,156

 

State

 

 

564

 

 

704

 

 

(351)

 

Total deferred tax expense

 

 

12,248

 

 

7,048

 

 

25,805

 

Provision for income taxes

 

$

52,760

 

$

50,902

 

$

35,991

 

 

 

The provision for income taxes differs from that computed by applying the federal statutory income tax rate of 35% to income before provision for income taxes, as indicated in the following analysis:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31,

 

(Dollars in thousands)

 

2016

 

2015

 

2014

 

Income taxes at federal statutory rate

    

$

53,915

    

$

52,631

    

$

39,000

 

Increase (reduction) of taxes resulting from:

 

 

 

 

 

 

 

 

 

 

State income taxes, net of federal tax benefit

 

 

2,527

 

 

1,970

 

 

818

 

Non-deductible merger expenses

 

 

686

 

 

 —

 

 

 —

 

Tax-exempt interest

 

 

(1,956)

 

 

(1,842)

 

 

(1,778)

 

Income tax credits

 

 

(2,068)

 

 

(1,781)

 

 

(1,257)

 

Dividends received deduction

 

 

(12)

 

 

(8)

 

 

(5)

 

Other, net

 

 

(332)

 

 

(68)

 

 

(787)

 

 

 

$

52,760

 

$

50,902

 

$

35,991

 

 

 

The components of the net deferred tax asset are as follows:

 

 

 

 

 

 

 

 

 

 

 

December 31,

 

(Dollars in thousands)

 

2016

 

2015

 

Allowance for loan losses

    

$

14,913

    

$

13,680

 

Other-than-temporary impairment on securities

 

 

295

 

 

295

 

Share-based compensation

 

 

3,915

 

 

1,224

 

Pension plan and post-retirement benefits

 

 

1,450

 

 

1,449

 

Deferred compensation

 

 

3,155

 

 

2,832

 

Purchase accounting adjustments

 

 

34,499

 

 

45,066

 

Other real estate owned

 

 

962

 

 

1,468

 

Tax deductible goodwill

 

 

682

 

 

1,361

 

Net operating loss carryforwards

 

 

14,645

 

 

15,757

 

Cash flow hedge

 

 

190

 

 

274

 

Unrealized losses on investment securities available for sale

 

 

1,053

 

 

 —

 

Other

 

 

688

 

 

563

 

Total deferred tax assets

 

 

76,447

 

 

83,969

 

Gain on FDIC assisted transaction deferred for tax purposes

 

 

3,540

 

 

4,493

 

Unrealized gains on investment securities available for sale

 

 

 —

 

 

1,595

 

Depreciation

 

 

7,510

 

 

6,589

 

Intangible assets

 

 

11,239

 

 

13,328

 

Deferred loan fees

 

 

7,911

 

 

5,404

 

Prepaid expense

 

 

523

 

 

524

 

Mortgage servicing rights

 

 

10,380

 

 

9,375

 

Other

 

 

2,219

 

 

3,098

 

Total deferred tax liabilities

 

 

43,322

 

 

44,406

 

Net deferred tax assets before valuation allowance

 

 

33,125

 

 

39,563

 

Less, valuation allowance

 

 

(2,002)

 

 

(1,736)

 

Net deferred tax assets

 

$

31,123

 

$

37,827

 

 

 

The Company had federal net operating loss (“NOL”) carryforwards of $27.9 million and $31.3 million for the years ended December 31, 2016 and 2015, respectively, which expire in varying amounts through 2033. As a result of the Peoples and Savannah ownership changes in 2012, Section 382 of the Internal Revenue Code places an annual limitation of the amount of federal net operating loss carryforwards which the Company may utilize. Additionally, section 382 limits the Company’s ability to utilize certain tax deductions (realized built‑in losses or “RBIL”) due to the existence of a Net Unrealized Built‑in Loss (“NUBIL”) at the time of the change in control. The Company is allowed to carry forward any such RBIL under terms similar to those related to NOLs. Consequently, $8.9 million of the Company’s NOL carryforwards attributed to the Peoples acquisition are subject to annual limitations of $1.5 million, and $18.9 million of the Company’s NOL carryforwards attributed to the Savannah acquisition are subject to annual limitation of $2.0 million. All of the NUBIL limitations were exhausted as of December 31, 2013. The Company expects all section 382 limited carryforwards to be realized within the applicable carryforward period.

The Company had state net operating loss carryforwards of $72.1 million and $64.4 million for the years ended December 31, 2016 and 2015 respectively, which expire in varying amounts through 2036. There is a valuation allowance of $2.0 million that relates to the parent company’s state operating loss carryforwards for which realizability is uncertain. The change in the valuation allowance for the years ended December 31, 2016, 2015, and 2014 was immaterial.

In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income and tax planning strategies in making this assessment. Based on the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not that the Company will realize the benefits of these deferred tax assets, net of the valuation allowance at December 31, 2016.

As of December 31, 2016, the Company had no material unrecognized tax benefits or accrued interest and penalties. It is the Company’s policy to account for interest and penalties accrued relative to unrecognized tax benefits as a component of income tax expense.

Federal tax returns for 2014 and subsequent tax years remain subject to examination by taxing authorities as of December 31, 2016.  State tax returns for 2013 and subsequent tax years remain subject to examination by taxing authorities as of December 31, 2016.