Annual report pursuant to Section 13 and 15(d)

Note 16 - Income Taxes

v3.10.0.1
Note 16 - Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
NOTE
16.
INCOME TAXES
 
The components of income tax expense are as follows:
 
    Year Ended December 31,
    2018   2017   2016
    (In Thousands)
Current tax expense:                        
Federal   $
43,207
    $
27,952
    $
29,813
 
State    
2,950
     
2,258
     
1,254
 
Total current tax expense    
46,157
     
30,210
     
31,067
 
Deferred tax (benefit) expense:                        
Federal    
(12,636
)    
17,073
     
(662
)
State    
(1,619
)    
(3,025
)    
(1,066
)
Total deferred tax (benefit) expense    
(14,255
)    
14,048
     
(1,728
)
Total income tax expense   $
31,902
    $
44,258
    $
29,339
 
 
The Company’s total income tax expense differs from the amounts computed by applying the Federal income tax statutory rates to income before income taxes. A reconciliation of the differences is as follows:
 
    Year Ended December 31, 2018
    Amount   % of Pre-tax
Earnings
    (In Thousands)    
Income tax at statutory federal rate   $
35,457
     
21.00
%
Effect on rate of:                
State income tax, net of federal tax effect    
808
     
0.48
%
Tax-exempt income, net of expenses    
(655
)    
(0.39
)%
Bank owned life insurance contracts    
(657
)    
(0.39
)%
Excess tax benefit from stock compensation    
(3,118
)    
(1.84
)%
Federal tax credits    
(113
)    
(0.07
)%
Other    
180
     
0.10
%
Effective income tax and rate   $
31,902
     
18.89
%
 
    Year Ended December 31, 2017
    Amount   % of Pre-tax
Earnings
    (In Thousands)    
Income tax at statutory federal rate   $
48,073
     
35.00
%
Effect on rate of:                
State income tax, net of federal tax effect    
43
     
0.03
%
Tax-exempt income, net of expenses    
(1,356
)    
(0.99
)%
Bank owned life insurance contracts    
(1,096
)    
(0.80
)%
Excess tax benefit from stock compensation    
(4,278
)    
(3.11
)%
Federal tax credits    
(234
)    
(0.17
)%
Enacted tax rate change    
3,108
     
2.26
 
Other    
(2
)    
-
%
Effective income tax and rate   $
44,258
     
32.22
%
 
    Year Ended December 31, 2016
    Amount   % of Pre-tax
Earnings
    (In Thousands)    
Income tax at statutory federal rate   $
38,786
     
35.00
%
Effect on rate of:                
State income tax, net of federal tax effect    
254
     
0.23
%
Tax-exempt income, net of expenses    
(1,322
)    
(1.20
)%
Bank owned life insurance contracts    
(978
)    
(0.88
)%
Incentive stock option expense    
(4,788
)    
(4.32
)%
Federal tax credits    
(2,652
)    
(2.40
)%
Other    
39
     
0.04
%
Effective income tax and rate   $
29,339
     
26.47
%
 
The components of net deferred tax asset are as follows:
 
    December 31,
    2018   2017
    (In Thousands)
Deferred tax assets:                
Allowance for loan losses   $
17,212
    $
14,905
 
Other real estate owned    
317
     
232
 
Nonqualified equity awards    
788
     
927
 
Nonaccrual interest    
311
     
178
 
State tax credits    
6,791
     
5,688
 
Investments    
1,130
     
1,296
 
Deferred loan fees    
804
     
866
 
Reserve for unfunded commitments    
135
     
125
 
Accrued bonus    
2,025
     
1,521
 
Differences in amounts reflected in financial statements and income tax basis of assets acquired and liabilities assumed in acquisition    
139
     
175
 
Net unrealized loss on securities available for sale    
1,273
     
65
 
Other deferred tax assets    
669
     
431
 
Total deferred tax assets    
31,594
     
26,409
 
                 
Deferred tax liabilities:                
REIT dividend    
-
     
9,706
 
Depreciation    
3,732
     
3,240
 
Prepaid expenses    
376
     
164
 
Acquired intangible assets    
209
     
277
 
Total deferred tax liabilities    
4,317
     
13,387
 
Net deferred tax assets   $
27,277
    $
13,022
 
 
The Company believes its net deferred tax asset is recoverable as of
December 31, 2018
based on the expectation of future taxable income and other relevant considerations.
 
Pursuant to ASC
740
-
10
-
30
-
2
Income Taxes
, deferred tax assets and liabilities are measured using enacted tax rates applicable to taxable income in the years in which those temporary differences are expected to be recovered or settled.  The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.  On
December 22, 2017,
the President of the United States signed the “Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year
2018”
(referred to as the “Tax Cuts and Jobs Act” or the Act).  The Act provided for a reduction in the corporate tax rate from a maximum tax rate of
35%
to a flat tax rate of
21%
effective for tax years beginning after
December 31, 2017. 
As a result, the Company revalued its deferred tax assets and liabilities as of
December 31, 2017,
and recorded the effect of this change as a component of tax expense.  Tax expense recorded related to the change in the enacted federal tax rate was
$3,108,000
in
2017.
 
The Company and its subsidiaries file a consolidated U.S. Federal income tax return and various consolidated and separate company state income tax returns. The Company is currently open to audit under the statute of limitations by the Internal Revenue Service for the years ended
December 31, 2015
through
2018.
The Company is also currently open to audit by several state departments of revenue for the years ended
December 31, 2015
through
2018.
The audit periods differ depending on the date the Company began business activities in each state. Currently, there are
no
years for which the Company filed a federal or state income tax return that are under examination by the IRS or any state department of revenue.
 
Accrued interest and penalties on unrecognized income tax benefits totaled
$106,000
and
$116,000
as of
December 31, 2018
and
2017,
respectively. Unrecognized income tax benefits as of
December 31, 2018
and
December 31, 2017,
that, if recognized, would impact the effective income tax rate totaled
$2,133,000
and
$1,779,000
(net of the federal benefit on state income tax issues), respectively. The Company does
not
expect any of the uncertain tax positions to be settled or resolved during the next
twelve
months.
 
The following table presents a summary of the changes during
2018,
2017
and
2016
in the amount of unrecognized tax benefits that are included in the consolidated balance sheets.
 
    2018   2017   2016
    (In Thousands)
Balance, beginning of year   $
1,779
    $
1,375
    $
1,173
 
Increases related to prior year tax positions    
799
     
365
     
364
 
Decreases related to prior year tax positions    
-
     
-
     
-
 
Increases related to current year tax positions    
-
     
-
     
-
 
Settlements    
-
     
-
     
-
 
Enacted tax rate change    
-
     
315
     
-
 
Lapse of statute    
(445
)    
(276
)    
(162
)
Balance, end of year   $
2,133
    $
1,779
    $
1,375