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Income Taxes
6 Months Ended
Jun. 30, 2020
Income Taxes [Abstract]  
Income Taxes 10. Income Taxes

We file income tax returns in the U.S. federal jurisdiction and various states and foreign jurisdictions. With certain exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations by tax authorities for years before 2016 for federal returns and 2015 for state returns.

Our effective income tax rate was approximately 30% and 25% during the six months ended June 30, 2020 and 2019, respectively. Effective income tax rates for interim periods are based upon our current estimated annual rate. Our effective income tax rate varies based upon the estimate of taxable earnings as well as on the mix of taxable earnings in the various states in which we operate. As such, our effective income tax rate for the six months ended June 30, 2020 reflects our current estimate of the COVID-19 pandemic on our 2020 annual taxable earnings, state taxes, non-deductible items and changes in valuation allowances on deferred tax assets.

The Coronavirus Aid, Relief, and Economic Securities Act (“CARES Act”) was signed into law on March 27, 2020 in response to the COVID-19 pandemic. As of June 30, 2020, we evaluated the income tax provisions of the CARES Act and determined that they have no significant effect on either the June 30, 2020 tax rate or the computation of effective tax rate for the year ended December 31, 2020. However, we have taken advantage of the deferral of the employee portion of the tax withholding amounts and the employee retention tax credits provided for in the CARES Act. As of June 30, 2020, we recorded a tax withholding deferral of $2.0 million and employee retention tax credits of $6.9 million, which is included in selling, general and administrative expenses in our unaudited consolidated statements of operations for the three and six months ended June 30, 2020.

Certain of our state filings are under routine examination. While there is no assurance as to the results of these audits, we do not currently anticipate any material adjustments in connection with these examinations.

We are party to an Agreement to Allocate Consolidated Income Tax Liability and Benefits with BBX Capital Corporation (“BBX Capital”), which owns approximately 93% of our outstanding common stock, and its other subsidiaries pursuant to which, among other customary terms and conditions, the parties agreed to file consolidated federal tax returns. Under the agreement, the parties calculate their respective income tax liabilities and attributes as if each of them was a separate filer. If any tax attributes are used by another party to the agreement to offset its tax liability, the party providing the benefit will receive an amount for the tax benefits realized. Pursuant to this agreement, we paid BBX Capital or its affiliated entities $10.7 million and $13.0 million during the three and six months ended June 30, 2019, respectively. We did not make or receive any payments under the agreement during the three or six months ended June 30, 2020.

As of June 30, 2020, we did not have any significant amounts accrued for interest and penalties or recorded for uncertain tax positions.