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INCOME TAXES
12 Months Ended
Dec. 31, 2016
INCOME TAXES  
INCOME TAXES

7. INCOME TAXES

 

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities are summarized as follows:

 

 

 

 

 

 

 

 

 

(in thousands)

    

2016

    

2015

 

Deferred tax assets:

 

 

 

 

 

 

 

Tax discounting of unpaid losses and settlement expenses

 

$

17,330

 

$

17,866

 

Unearned premium offset

 

 

26,712

 

 

25,848

 

Deferred compensation

 

 

4,727

 

 

6,231

 

Stock option expense

 

 

4,114

 

 

4,482

 

Other

 

 

685

 

 

657

 

Deferred tax assets before allowance

 

$

53,568

 

$

55,084

 

Less valuation allowance

 

 

 —

 

 

 —

 

Total deferred tax assets

 

$

53,568

 

$

55,084

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Net unrealized appreciation of securities

 

$

66,973

 

$

67,740

 

Deferred policy acquisition costs

 

 

25,602

 

 

24,440

 

Book/tax depreciation

 

 

4,819

 

 

4,613

 

Intangible assets

 

 

1,980

 

 

3,878

 

Undistributed earnings of unconsolidated investees

 

 

18,397

 

 

17,888

 

Other

 

 

291

 

 

518

 

Total deferred tax liabilities

 

$

118,062

 

$

119,077

 

Net deferred tax liability

 

$

(64,494)

 

$

(63,993)

 

 

Income tax expense attributable to income from operations for the years ended December 31, 2016, 2015 and 2014, differed from the amounts computed by applying the U.S. federal tax rate of 35 percent to pretax income from continuing operations as demonstrated in the following table:

 

 

 

 

 

 

 

 

 

 

 

 

(in thousands)

    

2016

    

2015

    

2014

 

Provision for income taxes at the statutory federal tax rates

 

$

54,979

 

$

68,839

 

$

66,320

 

Increase (reduction) in taxes resulting from:

 

 

 

 

 

 

 

 

 

 

Dividends received deduction

 

 

(2,216)

 

 

(2,278)

 

 

(2,390)

 

ESOP dividends paid deduction

 

 

(3,302)

 

 

(3,377)

 

 

(4,473)

 

Tax-exempt interest income

 

 

(4,263)

 

 

(4,214)

 

 

(4,118)

 

Unconsolidated investee dividends

 

 

(2,772)

 

 

 —

 

 

(1,848)

 

Other items, net

 

 

(264)

 

 

168

 

 

551

 

Total

 

$

42,162

 

$

59,138

 

$

54,042

 

 

Our effective tax rates were 26.8 percent, 30.1 percent and 28.5 percent for 2016, 2015 and 2014, respectively. Effective rates are dependent upon components of pretax earnings and the related tax effects. The effective rate was lower in 2016 due to a decline in underwriting income along with increased tax benefits associated with dividends received from unconsolidated investees.

 

Our net earnings include equity in earnings of unconsolidated investees, Maui Jim and Prime. The investees do not have a policy or pattern of paying dividends. As a result, we record a deferred tax liability on the earnings at the corporate capital gains rate of 35 percent. We received a $9.9 million and $6.6 million dividend from Maui Jim in the fourth quarters of 2016 and 2014, respectively. No dividend was received from any unconsolidated investee in 2015. In accordance with GAAP guidelines on income taxes, we recognized a $2.8 million and $1.8 million tax benefit for 2016 and 2014, respectively. The tax benefit is generated from applying the lower tax rate applicable to affiliated dividends (7 percent), as compared to the corporate capital gains rate on which the deferred tax liabilities were based. Standing alone, the dividend resulted in a 1.8 percent and 1.0 percent reduction to the 2016 and 2014 effective tax rates, respectively. In determining the appropriate tax rate to apply, we anticipate recovering our investments through means other than the receipt of dividends, such as a sale.

 

Dividends paid to our ESOP also result in a tax deduction. Dividends paid to the ESOP in 2016, 2015 and 2014 resulted in tax benefits of $3.3 million, $3.4 million and $4.5 million, respectively. These tax benefits reduced the effective tax rate for 2016, 2015 and 2014 by 2.1 percent, 1.7 percent and 2.4 percent, respectively.

 

We have recorded our deferred tax assets and liabilities using the statutory federal tax rate of 35 percent. We believe it is more likely than not that all deferred tax assets will be recovered, given the carry back availability as well as the results of future operations, which will generate sufficient taxable income to realize the deferred tax asset. In addition, we believe when these deferred items reverse in future years, our taxable income will be taxed at an effective rate of 35 percent.

 

Federal and state income taxes paid in 2016, 2015 and 2014, amounted to $26.9 million, $44.2 million and $48.5 million, respectively.

 

Although we are not currently under audit by the Internal Revenue Service (IRS), tax years 2013 through 2016 remain open and are subject to examination.