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Income Taxes
9 Months Ended
Sep. 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 46% and 27% during the nine months ended September 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 nine months ended September 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 September 30, 2020, we evaluated the income tax provisions of the CARES Act and determined that they have no significant effect on either our September 30, 2020 tax rate or the computation of effective tax rate for the year ending 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. During the nine months ended September 30, 2020, we recorded a tax withholding deferral of $5.0 million and employee retention tax credits of $6.9 million, which is included in selling, general and administrative expenses in our unaudited consolidated statement of operations and comprehensive income for the nine months ended September 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.

In May 2015, we entered into Agreement to Allocate Consolidated Income Tax Liability and Benefits with BVH, which owns approximately 93% of our outstanding common stock, and its other subsidiaries at the time pursuant to which, among other customary terms and conditions, the parties agreed to file consolidated federal tax returns. Pursuant to the Consolidated Tax Agreement, the parties calculate their respective income tax liabilities and attributes as if each of them were a separate filer. If any tax attributes are used by another party to the Consolidated Tax Agreement to offset its tax liability, the party providing the benefit will receive an amount for the tax benefits realized. We, under this agreement, did not make any payments to or receive any payments from BVH or its affiliated entities during the three months ended September 30, 2019 or the three or nine months ended September 30, 2020. We paid BVH or its affiliated entities $13.0 million under this agreement during the nine months ended September 30, 2019. The Consolidated Tax Agreement was terminated with respect to BBX Capital, Inc. (“New BBX Capital”) and its subsidiaries in connection with BVH’s spin-off of New BBX Capital on September 30, 2020.

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