Income taxes

The income tax provision shown in the consolidated statements of operations is reconciled to amounts of tax that would have been payable (recoverable) from the application of the federal tax rate to pre-tax profit, as follows:



(Expressed in thousands)
	For the Year Ended December 31,
	2014					2013					2012
	Amount			Percentage		Amount			Percentage		Amount			Percentage
U.S. federal statutory income tax rate	$	9,008		35.0	%	$	15,368		35.0	%	$	(184	)	35.0	%
U.S. state and local income taxes, net of U.S. federal income tax benefits	2,033			7.9	%	2,131			4.9	%	(1,585		)
Unrecognized tax benefit	6			—	%	1,244			2.8	%	1,524
Tax exempt income, net of interest expense	(528		)	-2.0	%	(715		)	-1.6	%	(561		)
Non-deductible regulatory settlements	5,298			20.6	%	—			—	%	306
Business promotion and other non-deductible expenses	655			2.5	%	660			1.5	%	545
Insurance proceeds, non-taxable	(65		)	-0.3	%	(597		)	-1.4	%	(349		)
Adjustment to reflect prior year tax return filings	256			1.0	%	(251		)	-0.6	%	(294		)
Tax rate change on deferred income taxes	241			0.9	%	208			0.5	%	390
Non-U.S. operations	(447		)	-1.7	%	185			0.4	%	678
Other	(282		)	-1.1	%	(477		)	-1.1	%	(146		)
Total income tax expense	$	16,175		62.8	%	$	17,756		40.4	%	$	324		n/m

n/m = not meaningful

Income taxes included in the consolidated statements of operations represent the following:



(Expressed in thousands)
	For the Year Ended December 31,
	2014			2013			2012
Current:
U.S. federal tax (benefit)	$	10,302		$	(2,984	)	$	19,918
State and local tax	1,520			1,885			2,765
Non-U.S. operations	(264		)	116			(61		)
Total Current	11,558			(983		)	22,622
Deferred:
U.S. federal tax (benefit)	1,273			16,658			(17,303		)
State and local tax (benefit)	2,057			2,482			(4,890		)
Non-U.S. operations	1,287			(401		)	(105		)
Total Deferred	4,617			18,739			(22,298		)
Total	$	16,175		$	17,756		$	324

Profit (loss) before income taxes with respect to foreign operations was $4.3 million, $(1.3) million and $(2.4) million for the years ended December 31, 2014, 2013 and 2012, respectively.

Tax expense for 2014 was lower than in 2013 primarily because the Company earned less pretax income in 2014 than in 2013. The effective tax rate for 2014 was higher than in 2013 mainly due to nondeductible penalties incurred in 2014 pursuant to regulatory settlements.

U.S. income and foreign withholding taxes have not been recognized on the excess of the amount for financial reporting over the tax basis of investments in foreign subsidiaries that is indefinitely reinvested outside the United States. This amount becomes taxable upon a repatriation of assets from the subsidiary or a sale or liquidation of the subsidiary. The amount of such taxable temporary differences totaled $18.4 million as of December 31, 2014. The unrecognized deferred tax liability associated with earnings of foreign subsidiaries, net of associated U.S. foreign tax credits, is $2.3 million for those subsidiaries with respect to which the Company would be subject to residual U.S. tax on cumulative earnings through 2014 were those earnings to be repatriated.

Deferred income taxes reflect the net tax effects of temporary differences between the financial reporting and tax bases of assets and liabilities and are measured using enacted tax rates and laws that will be in effect when such differences are expected to reverse. Significant components of the Company’s deferred tax assets and liabilities at December 31, 2014 and 2013 were as follows:



(Expressed in thousands)
	For the Year Ended December 31,
	2014			2013
Deferred tax assets:
Employee deferred compensation plans	$	30,969		$	31,213
Deferred rent	10,024			10,451
Lease incentive	6,212			6,693
Broker notes	3,460			3,915
Auction rate securities reserve	3,229			3,669
Net operating loss	2,896			4,587
Involuntary conversion	2,033			1,866
Reserve for litigation and legal fees	5,808			1,659
Allowance for doubtful accounts	984			1,002
State and local net operating loss/credit carryforward	357			1,993
Other	2,650			2,757
Total deferred tax assets	68,622			69,805
Valuation allowance	113			138
Deferred tax assets after valuation allowance	68,509			69,667
Deferred tax liabilities:
Goodwill amortization (Section 197)	48,025			43,728
Partnership investments	10,865			12,039
Mortgage servicing rights	12,173			9,889
Company owned life insurance	6,501			5,173
Change in accounting method	2,591			3,895
Book versus tax depreciation differences	982			1,437
Other	469			602
Total deferred tax liabilities	81,606			76,763
Deferred tax liabilities, net	$	(13,097	)	$	(7,096	)

The Company has deferred tax assets at December 31, 2014 of $1.7 million, $898,000 and $191,000 arising from net operating losses incurred by Oppenheimer Israel (OPCO) Ltd., Oppenheimer Investments Asia Limited, and Oppenheimer Europe Ltd., respectively. The Company believes that realization of the deferred tax assets is more likely than not based on expectations of future taxable income in Israel, Asia and Europe. These net operating losses carry forward indefinitely and are not subject to expiration, provided that these subsidiaries and their underlying businesses continue operating normally (as is anticipated).

The Company has a deferred tax asset of $726,000 (net of federal taxes) as of December 31, 2014 arising primarily from New York State Investment Tax Credits carried forward to future years. These credits will expire if not used by 2028.

Goodwill arising from the acquisitions of Josephthal Group Inc. and the Oppenheimer Divisions is being amortized for tax purposes on a straight-line basis over 15 years. The difference between book and tax is recorded as a deferred tax liability.

The Company or one or more of its subsidiaries file income tax returns in the U.S. federal jurisdiction and in various states and foreign jurisdictions. The Company has closed tax years through 2010 in the U.S. federal jurisdiction.

The Company is under examination in various states and overseas jurisdictions in which the Company has significant business operations. The Company has closed tax years through 2007 for New York State and is currently under exam for the period 2008 to 2011. The Company also has closed tax years through 2008 with New York City and is currently under exam for the 2009-2012 tax years. With few exceptions, the Company is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations for years before 2008.

The Company has unrecognized tax benefits of $1.6 million, $1.6 million and $5.2 million as of December 31, 2014, 2013 and 2012, respectively (as shown on the table below). Included in the balance of unrecognized tax benefits as of December 31, 2014 and 2013 are $1.3 million of tax benefits for either year that, if recognized, would affect the effective tax rate.

During the year ended December 31, 2013, the Company reclassified $4.9 million of unrecognized tax benefit to other tax accounts when the Internal Revenue Service approved the Company’s application for a tax accounting method change. A reconciliation of the beginning and ending amount of unrecognized tax benefit follows:



(Expressed in thousands)
	2014		2013			2012
Balance at January 1,	$	1,574	$	5,236		$	2,317
Additions for tax positions of prior years	—		1,168			2,919
Additions for tax positions of current year	9		77			—
Reclass to other tax accounts	—		(4,907		)	—
Balance at December 31,	$	1,583	$	1,574		$	5,236

On its consolidated statements of operations, the Company records interest and penalties accruing on unrecognized tax benefits in income before taxes as interest expense and other expense, respectively. For the years ended December 31, 2014 and 2013, the Company recorded tax-related interest expense and benefit of $22,000 and $(284,000), respectively, in its statement of operations. At December 31, 2014 and 2013, the Company had an income tax-related interest payable of $83,000 and $61,000, respectively, on its consolidated balance sheet.