XML 68 R22.htm IDEA: XBRL DOCUMENT v2.4.0.6
Income Taxes
12 Months Ended
Dec. 31, 2012
Income Tax Expense (Benefit) [Abstract]  
Income Taxes
Income Taxes:

During the year ended December 31, 2012, Sterling recorded a $292.0 million income tax benefit, which was the result of reversing the deferred tax asset valuation allowance. Sterling did not recognize any federal or state income tax expense during 2011. As of December 31, 2012, the net deferred tax asset was $292.1 million, including $274.0 million of net operating loss and tax credit carry-forwards. A valuation allowance of $1.8 million remains, relating to certain state tax credits that will likely expire unused. As of December 31, 2011, Sterling had a fully reserved net deferred tax asset of $327.4 million, including $285.0 million of net operating loss and tax credit carry-forwards.

A deferred tax asset valuation allowance was established during 2009 due to the three year cumulative loss and uncertainty at that time regarding Sterling's ability to generate future taxable income. Reversal of the deferred tax asset valuation allowance occurred during the quarter ended June 30, 2012, which marked the sixth consecutive quarter of profitability for Sterling. Prior to reversing the allowance, management analyzed both positive and negative evidence that could affect the realization of the deferred tax asset. Based on the earnings performance trend and projections of income through 2013, improvement in asset quality, higher net interest margin and improvements in other key financial ratios, expectations of continued profitability, the length of the carry-forward period for its net operating losses and tax credits, an analysis of the reversal of existing temporary differences, and an evaluation of its loss carry-back ability and tax planning strategies, Sterling determined that it was more likely than not that the net deferred tax asset would be realized. This assessment was updated as of December 31, 2012, resulting in the same conclusion. As a result, the deferred tax asset valuation allowance was $1.8 million at December 31, 2012, compared to $327.4 million at December 31, 2011.

The components of income tax expense (benefit) included in the consolidated statements of operations were as follows:

 
Years Ended December 31,
 
2012
 
2011
 
2010
 
(in thousands)
Current income taxes:
 
 
 
 
 
Federal
$
(163
)
 
$
(248
)
 
$
(102
)
State
0

 
(27
)
 
(11
)
Total current income taxes
(163
)
 
(275
)
 
(113
)
 
 
 
 
 
 
Deferred income taxes:
 
 
 
 
 
Federal
(269,968
)
 
248

 
102

State
(21,912
)
 
27

 
11

Total deferred income taxes
(291,880
)
 
275


113

Total income tax (benefit) expense
$
(292,043
)
 
$
0


$
0



The tax effects of the principal temporary differences giving rise to deferred tax assets and liabilities were as follows:

 
December 31,
 
2012
 
2011
 
(in thousands)
Deferred tax assets:
 
 
 
NOL carryforwards - federal
$
242,318

 
$
250,946

NOL carryforwards - state
21,443

 
22,110

Tax credits - federal
7,671

 
7,587

Tax credits - state
2,594

 
4,167

Allowance for losses on loans
61,385

 
75,393

Deferred compensation
10,760

 
12,485

Bonus accrual
4,670

 
2,138

Intangibles
2,284

 
6

Purchase accounting premiums and discounts
2,087

 
3,877

Nonaccrual loans
1,931

 
2,167

Deferred rent
1,119

 
1,063

Other
3,394

 
3,044

Total deferred tax assets
361,656

 
384,983

Deferred tax liabilities:
 
 
 
Unrealized gains on available-for-sale securities
22,627

 
22,670

FHLB Seattle dividends
16,325

 
16,486

Mortgage servicing rights
11,869

 
8,169

Fair value - loans held for sale
8,966

 
3,093

Deferred loan fees
5,867

 
5,162

Prepaid expenses
2,151

 
1,945

ASC 740 (FIN 48) - temporary differences
5

 
9

Total deferred tax liabilities
67,810

 
57,534

Valuation allowance
(1,764
)
 
(327,449
)
Net deferred tax asset
$
292,082

 
$
0



As of December 31, 2012, the net operating loss carry-forwards represented the tax effect of $692.3 million of federal operating loss carry-forwards, $442.4 million of state operating loss carry-forwards, federal tax credits of $7.7 million, and state tax credits of $2.6 million. These operating loss carry-forwards and tax credits expire between 2014 and 2031.

With regard to the deferred tax asset, the benefits of Sterling’s accumulated tax losses would be reduced in the event of an “ownership change,” as determined under Section 382 of the Internal Revenue Code. During 2010, in order to preserve the benefits of these tax losses, Sterling’s shareholders approved a protective amendment to Sterling's Restated Articles of Incorporation and Sterling’s board adopted a tax preservation rights plan, both of which restrict certain stock transfers that would result in an investor acquiring more than 4.95% of Sterling’s total outstanding common stock.

The following table summarizes the calculation of Sterling's effective tax rates for the periods presented:

 
Years Ended December 31,
 
2012
 
2011
 
2010
Income tax provision at the federal statutory rate
35.0
 %
 
35.0
 %
 
35.0
 %
Tax effect of:
 
 
 
 
 
Deferred tax valuation allowance
(347.8
)%
 
(25.0
)%
 
(40.1
)%
State taxes, net of federal benefit
3.8
 %
 
0.0
 %
 
3.1
 %
Tax-exempt interest
(2.5
)%
 
(6.3
)%
 
1.0
 %
Bank owned life insurance
(3.2
)%
 
(5.8
)%
 
1.1
 %
Tax credits
0.0
 %
 
(1.6
)%
 
0.9
 %
Other, net
3.2
 %
 
3.7
 %
 
(1.0
)%
Effective tax rate
(311.5
)%
 
0.0
 %
 
0.0
 %


The following is a reconciliation of the beginning and ending amount of unrecognized tax positions for the periods presented:

 
2012
 
2011
 
2010
 
(in thousands)
Balance at January 1
$
525

 
$
1,586

 
$
6,330

Additions - current year tax positions
70

 
75

 
65

Additions - prior year tax positions
0

 
0

 
0

Reductions - prior year tax positions
(183
)
 
(1,136
)
 
(4,809
)
Balance at December 31
412

 
525

 
1,586

Accrued interest and penalties, net of tax effect at December 31
100

 
103

 
140

Total liability for unrecognized tax positions at December 31
$
512

 
$
628

 
$
1,726



Sterling's tax positions for the years 2008 through 2012 remain subject to review by federal and state taxing authorities. Realization of $386,000 of unrecognized tax benefits would result in a favorable impact to the effective tax rate.