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Income taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income taxes
Income taxes
Income taxes expenses (benefits) from continuing operations shown in the consolidated statements of income are 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 Years Ended December 31,
 
2019
 
2018
 
2017
 
Amount
 
Percentage
 
Amount
 
Percentage
 
Amount
 
Percentage
U.S. federal statutory income tax rate
$
15,732

 
21.0
 %
 
$
9,419

 
21.0
 %
 
$
6,907

 
35.0
 %
U.S. state and local income taxes, net of U.S. federal income tax benefits
4,258

 
5.7
 %
 
3,144

 
7.0
 %
 
1,430

 
7.2
 %
Unrecognized tax benefit

 
 %
 

 
 %
 
(9
)
 
 %
Valuation allowance
1,663

 
2.2
 %
 
1,833

 
4.1
 %
 
89

 
0.5
 %
Non-taxable income
(738
)
 
-1.0
 %
 
(637
)
 
-1.4
 %
 
(1,055
)
 
-5.3
 %
Provision to return adjustments
(723
)
 
-1.0
 %
 
(326
)
 
-0.7
 %
 
(1,277
)
 
-6.5
 %
Impact of the TCJA

 
 %
 

 
 %
 
(9,013
)
 
-45.7
 %
Change in state and foreign tax rates
(135
)
 
-0.2
 %
 
267

 
0.6
 %
 
(353
)
 
-1.8
 %
Foreign tax rate differentials
(59
)
 
-0.1
 %
 
112

 
0.2
 %
 
974

 
4.9
 %
Excess tax benefits from share-based awards
(234
)
 
-0.3
 %
 
(81
)
 
-0.2
 %
 
(493
)
 
-2.5
 %
Other non-deductible expenses
2,195

 
3.0
 %
 
2,246

 
5.0
 %
 
666

 
3.4
 %
Total income taxes
$
21,959

 
29.3
 %
 
$
15,977

 
35.6
 %
 
$
(2,134
)
 
-10.8
 %
Income taxes expenses (benefits) from continuing operations included in the consolidated statements of income represent the following:
(Expressed in thousands)
 
 
 
 
 
 
For the Years Ended December 31,
 
2019
 
2018
 
2017
Current:
 
 
 
 
 
U.S. federal tax (benefit)
$
9,502

 
$
10,355

 
$
506

State and local tax (benefit)
2,289

 
2,618

 
(1,326
)
Non-U.S. operations
290

 
231

 
144

Total Current
12,081

 
13,204

 
(676
)
Deferred:
 
 
 
 
 
U.S. federal tax (benefit)
7,177

 
395

 
(1,215
)
State and local tax
2,924

 
1,438

 
1,725

Non-U.S. operations
(223
)
 
940

 
(1,968
)
Total Deferred
9,878

 
2,773

 
(1,458
)
Total
$
21,959

 
$
15,977

 
$
(2,134
)

Loss before income taxes from continuing operations with respect to Non-U.S. operations was $4.9 million, $4.0 million and $8.5 million for the years ended December 31, 2019, 2018 and 2017, respectively.

The effective income tax rate for the year ended December 31, 2019 was 29.3% compared with 35.6% for the year ended December 31, 2018. The lower effective tax rate for 2019 was primarily due to higher income before income taxes while non-deductible items remained relatively stable. The elevated effective tax rate for the year ended December 31, 2018 was partially due to the establishment of a valuation allowance for the deferred tax asset related to net operating losses of the Company's operations in Europe.
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 from continuing operations as of December 31, 2019 and 2018 were as follows:
(Expressed in thousands)
 
 
 
 
As of December 31,
 
2019
 
2018
Deferred tax assets:
 
 
 
Deferred compensation
$
23,048

 
$
18,909

Deferred rent and lease incentives
10,026

 
9,597

Net operating losses and credits
7,931

 
7,071

Receivable reserves
1,389

 
2,350

Accrued expenses
1,367

 
2,863

Auction rate securities reserves
1,356

 
1,007

Involuntary conversion
1,678

 
1,692

Depreciation

 
370

Other
1,203

 
1,067

Total deferred tax assets
47,998

 
44,926

Valuation allowance
4,368

 
3,204

Deferred tax assets after valuation allowance
43,630

 
41,722

Deferred tax liabilities:
 
 
 
Goodwill
40,774

 
41,049

Partnership investments
16,163

 
8,227

Company-owned life insurance
10,028

 
6,277

Depreciation
110

 

Other
304

 
252

Total deferred tax liabilities
67,379

 
55,805

Deferred tax liabilities, net
$
(23,749
)
 
$
(14,083
)

The Company has deferred tax assets at December 31, 2019 of $2.9 million arising from net operating losses incurred by Oppenheimer Israel (OPCO) Ltd. The Company believes that realization of the deferred tax assets is more likely than not based on expectations of future taxable income in Israel. 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). During the year ended December 31, 2019, the Company recorded a valuation allowance of $0.7 million against the deferred tax asset related to the net operating losses incurred by Oppenheimer Europe Ltd.
Goodwill arising from the acquisitions of Josephthal Group Inc. and the Oppenheimer Divisions was 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. As of December 31, 2017, the 15 year amortization period has ended.
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 2015 in the U.S. federal jurisdiction.
The Company is under examination in various states in which the Company has significant business operations. The Company has closed tax years through 2010 for New York State and is currently under exam for the 2011 to 2014 tax years. The Company also has closed tax years through 2008 with New York City and is currently under exam for the 2009 to 2012 tax years. With the exception of New York State and City, the Company is no longer subject to U.S. federal, state and local, or non-U.S. income tax examinations for years before 2016.
The Company has unrecognized tax benefits of $1.1 million, $1.1 million and $1.1 million as of December 31, 2019, 2018 and 2017, respectively, from continuing operations (as shown on the table below). Included in the balance of unrecognized tax benefits as of December 31, 2019 and 2018 are $853,000 and $853,000 of tax benefits for either year that, if recognized, would affect the effective tax rate.
During the year ended December 31, 2019, the Company did not record any changes in unrecognized tax benefit. The Company does not believe any unrecognized tax benefit will significantly increase or decrease within twelve months. A reconciliation of the beginning and ending amount of unrecognized tax benefit follows:
(Expressed in thousands)
 
 
 
 
 
 
2019
 
2018
 
2017
Balance at beginning of year
$
1,079

 
$
1,079

 
$
1,088

Additions for tax positions of prior years

 

 

Lapse in statute of limitations

 

 
(9
)
Settlements with taxing authorities

 

 

Balance at end of year
$
1,079

 
$
1,079

 
$
1,079


In its consolidated statements of income, the Company records interest and penalties accruing on unrecognized tax benefits in income before income taxes as interest expense and other expense, respectively. For the year ended December 31, 2019, the Company recorded tax-related interest expense of $87,000 in its consolidated statement of income. For the year ended December 31, 2018, the Company recorded tax-related interest expense of $113,000 in its consolidated statement of income. As of December 31, 2019 and 2018, the Company had an income tax-related interest payable of $432,000 and $345,000, respectively, on its consolidated balance sheets.