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Income Taxes
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Taxes
INCOME TAXES
At December 31, 2018, 2017 and 2016 income tax expense consisted of the following:
(Dollars in thousands)
2018
 
2017
 
2016
Current tax expense
 
 
 
 
 
Federal
$
95,151

 
$
87,992

 
$
84,946

State
21,523

 
6,116

 
7,493

Total current tax expense
116,674

 
94,108

 
92,439

Deferred tax expense (benefit)
 
 
 
 
 
Federal
(10,944
)
 
115,392

 
23,144

State
(2,433
)
 
10,446

 
10,002

Total deferred tax expense (benefit)
(13,377
)
 
125,838

 
33,146

Total income tax expense
$
103,297

 
$
219,946

 
$
125,585



Income tax expense differed from the amounts computed by applying the statutory federal income tax rate of 21 percent for 2018 and 35 percent for 2017 and 2016 to pretax income as a result of the following:
(Dollars in thousands)
2018
 
2017
 
2016
Income taxes at federal statutory rates
$
105,758

 
$
190,294

 
$
122,874

(Reduction) increase in income taxes resulting from:
 
 
 
 
 
Nontaxable income on loans, leases and investments, net of nondeductible expenses
(1,796
)
 
(2,525
)
 
(2,901
)
Nondeductible FDIC insurance expense
2,348

 

 

State and local income taxes, including change in valuation allowance, net of federal income tax benefit
15,081

 
10,765

 
11,372

Effect of federal rate change
(15,736
)
 
25,762

 

Tax credits net of amortization
(2,891
)
 
(4,840
)
 
(4,138
)
Other, net
533

 
490

 
(1,622
)
Total income tax expense
$
103,297

 
$
219,946

 
$
125,585



The net deferred tax asset included the following components at December 31, 2018 and 2017:
(Dollars in thousands)
2018
 
2017
Allowance for loan and lease losses
$
53,391

 
$
50,853

Pension liability

 
704

Executive separation from service agreements
7,927

 
8,548

Net operating loss carryforwards
6,862

 
2,685

Net unrealized loss included in comprehensive income
32,663

 
10,849

Employee compensation
11,145

 
4,192

FDIC assisted transactions timing differences
7,622

 

Other reserves
5,574

 
5,570

Other
9,555

 
5,924

Deferred tax asset
134,739

 
89,325

Accelerated depreciation
4,987

 
7,562

Lease financing activities
12,674

 
9,131

Net deferred loan fees and costs
10,651

 
8,708

Intangible assets
11,713

 
12,252

Security, loan and debt valuations
4,557

 
7,018

FDIC assisted transactions timing differences

 
1,113

Pension liability
6,287

 

Other
1,722

 
4,565

Deferred tax liability
52,591

 
50,349

Net deferred tax asset
$
82,148

 
$
38,976


At December 31, 2018, $28.6 million of existing gross deferred tax assets relate to federal net operating loss carryforwards and $15.4 million to state net operating loss carryforwards that expire in years beginning in 2024. The net operating losses were acquired through various acquisitions and are subject to the annual limitations set forth by Internal Revenue Code Section 382. No valuation allowance was necessary as of December 31, 2018, to reduce BancShares’ gross deferred tax asset to the amount that is more likely than not to be realized.
The Tax Act was enacted on December 22, 2017 which made broad changes to the U.S. tax code including a reduction in the federal corporate tax rate from 35 percent to 21 percent. The Securities and Exchange Commission (SEC) issued Staff Accounting Bulletin No. 118 to address uncertainty in applying ASC Topic 740 in the reporting period in which the Tax Act was enacted. Tax expense increased in the fourth quarter of 2017 by a provisional $25.8 million primarily attributable to the revaluation of our deferred tax assets to reflect the Tax Act changes. This was a provisional estimate made based upon the information available at the time of enactment. After receiving additional information during the third quarter of 2018, BancShares recorded a tax benefit of $15.7 million updating the provisional amount initially recorded in 2017. The nature of the additional information primarily related to a decision made by BancShares to accelerate deductions in its 2017 tax return which were effectuated by making an additional contribution to its pension plan and requesting an automatic change in its tax accounting method related to depreciation. Accounting for the Tax Act was completed during the fourth quarter of 2018 with no material changes.

During the first quarter of 2018, second quarter of 2017 and third quarter of 2016, BancShares adjusted its net deferred tax asset as a result of reductions in the North Carolina corporate income tax rate that were enacted June 28, 2017 and July 23, 2013, respectively. The lower corporate income tax rate resulted in a reduction in the deferred tax asset and an increase in income tax expense in 2018, 2017 and 2016. The lower state corporate income tax rate did not have a material impact on income tax expense.
BancShares' and its subsidiaries’ federal income tax returns for 2015 through 2017 remain open for examination. Generally, BancShares is no longer subject to examination by state and local taxing authorities for taxable years prior to 2012.
The following table provides a rollforward of BancShares’ gross unrecognized tax benefits, excluding interest and penalties, during the years ended December 31, 2018, 2017 and 2016:
(Dollars in thousands)
2018
 
2017
 
2016
Unrecognized tax benefits at the beginning of the year
$
29,004

 
$
28,879

 
$
5,975

Reductions related to tax positions taken in prior year
(1,054
)
 
(44
)
 
(327
)
Additions related to tax positions taken in current year
1,433

 
169

 
23,231

Reductions related to lapse of statute of limitations
(1,128
)
 

 

Unrecognized tax benefits at the end of the year
$
28,255

 
$
29,004

 
$
28,879


All of the unrecognized tax benefits, if recognized, would affect BancShares’ effective tax rate.
BancShares has unrecognized tax benefits relating to uncertain state tax positions in North Carolina and other state jurisdictions resulting from tax filings submitted to the states. No tax benefit has been recorded for these uncertain tax positions in the Consolidated Financial Statements. BancShares does not expect the unrecognized tax benefits to change significantly during 2019.
BancShares recognizes accrued interest and penalties related to unrecognized tax benefits in income tax expense. For the years ended December 31, 2018, 2017 and 2016, BancShares recorded $564 thousand, $450 thousand and $357 thousand, respectively which primarily represent accrued interest.