NOTE 14 - INCOME TAXES
The components of the Provision for income taxes included in the Consolidated Statements of Income for the years ended December 31 are presented in the following table:
|
| | | | | | | | | | | |
(Dollars in millions) | 2017 | | 2016 | | 2015 |
Current income tax provision: | | | | | |
Federal |
| $129 |
| |
| $667 |
| |
| $707 |
|
State | 59 |
| | 27 |
| | 36 |
|
Total | 188 |
| | 694 |
| | 743 |
|
Deferred income tax provision/(benefit): | | | | | |
Federal | 275 |
| | 59 |
| | 27 |
|
State | 69 |
| | 52 |
| | (6 | ) |
Total | 344 |
| | 111 |
| | 21 |
|
Total provision for income taxes |
| $532 |
| |
| $805 |
| |
| $764 |
|
The 2017 Tax Act, enacted on December 22, 2017, reduced the U.S. federal corporate income tax rate from 35% to 21% effective January 1, 2018. At December 31, 2017, the Company recorded a net income tax benefit for the estimated effects of the 2017 Tax Act as a component of the provision for income taxes, which was due primarily to a $333 million tax benefit for the remeasurement of the Company's estimated DTAs and DTLs to reflect the new federal income tax rate of 21%. However, as additional information becomes available and additional analysis is completed, the estimate of the DTAs and DTLs may change, which could impact the remeasurement of these deferred tax balances. Any adjustment to the remeasurement amount would be recorded as an adjustment to the provision for income taxes in 2018 in the period the amounts are determined.
The provision for income taxes does not reflect the tax effects of unrealized gains and losses and other income and expenses recorded in AOCI, with the exception of the remeasurement of the related DTAs and DTLs due to the enactment of the 2017 Tax Act. For additional information regarding AOCI, see Note 21, “Accumulated Other Comprehensive Loss.”
A reconciliation of the income tax provision, using the statutory federal income tax rate of 35%, to the Company’s actual provision for income taxes and the effective tax rate during the years ended December 31 are presented in the following table:
|
| | | | | | | | | | | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
(Dollars in millions) | Amount | | % of Pre-Tax Income | | Amount | | % of Pre-Tax Income | | Amount | | % of Pre-Tax Income |
Income tax provision at federal statutory rate |
| $982 |
| | 35.0 | % | |
| $939 |
| | 35.0 | % | |
| $944 |
| | 35.0 | % |
Increase/(decrease) resulting from: | | | | | | | | | | | |
State income taxes, net | 66 |
| | 2.4 |
| | 53 |
| | 2.0 |
| | 25 |
| | 0.9 |
|
Tax-exempt interest | (90 | ) | | (3.2 | ) | | (86 | ) | | (3.2 | ) | | (88 | ) | | (3.3 | ) |
Changes in UTBs (including interest), net | 26 |
| | 0.9 |
| | 6 |
| | 0.2 |
| | (31 | ) | | (1.1 | ) |
Income tax credits, net of amortization 1 | (117 | ) | | (4.2 | ) | | (86 | ) | | (3.2 | ) | | (69 | ) | | (2.6 | ) |
Estimated impact of the remeasurement of DTAs and DTLs and other tax reform-related items 2 | (303 | ) | | (10.8 | ) | | — |
| | — |
| | — |
| | — |
|
Other 3 | (32 | ) | | (1.1 | ) | | (21 | ) | | (0.8 | ) | | (17 | ) | | (0.6 | ) |
Total provision for income taxes and effective tax rate |
| $532 |
| | 19.0 | % | |
| $805 |
| | 30.0 | % | |
| $764 |
| | 28.3 | % |
1 Excludes income tax benefits of $43 million, $2 million, and $6 million for the years ended December 31, 2017, 2016, and 2015, respectively, related to tax credits, which were recognized as a reduction to the related investment asset.
2 Includes reasonable estimates as of December 31, 2017, which could be adjusted as additional analysis is completed in 2018.
3 Includes excess tax benefits of $25 million and $15 million for the years ended December 31, 2017 and 2016, respectively, related to the Company's adoption of ASU 2016-09.
Deferred income tax assets and liabilities result from differences between the timing of the recognition of assets and liabilities for financial reporting purposes and for income tax purposes. These assets and liabilities are measured using the enacted federal and state tax rates expected to apply in the periods in which the DTAs or DTLs are expected to be realized. The net deferred income tax liability is recorded in Other liabilities in the Consolidated Balance Sheets.
At December 31, 2017, the Company remeasured its DTAs and DTLs using the newly enacted federal income tax rate of 21%, which is the rate that is expected to apply in the periods in which these assets and liabilities are expected to be realized in the future.
The significant DTAs and DTLs at December 31, net of the federal impact for state taxes, are presented in the following table:
|
| | | | | | | |
(Dollars in millions) | 2017 1 | | 2016 2 |
DTAs: | | | |
ALLL |
| $412 |
| |
| $639 |
|
Net unrealized losses in AOCI | 302 |
| | 472 |
|
State NOLs and other carryforwards | 227 |
| | 170 |
|
Accruals and reserves | 180 |
| | 343 |
|
Other | 17 |
| | 19 |
|
Total gross DTAs | 1,138 |
| | 1,643 |
|
Valuation allowance | (143 | ) | | (80 | ) |
Total DTAs | 995 |
| | 1,563 |
|
DTLs: | | | |
Leasing | 459 |
| | 659 |
|
Servicing rights | 290 |
| | 370 |
|
Employee compensation and benefits | 210 |
| | 179 |
|
Deferred income | 193 |
| | 22 |
|
Goodwill and other intangible assets | 155 |
| | 233 |
|
Fixed assets | 111 |
| | 113 |
|
Loans | 104 |
| | 176 |
|
Other | 41 |
| | 43 |
|
Total DTLs | 1,563 |
| | 1,795 |
|
Net DTL |
| ($568 | ) | |
| ($232 | ) |
1 The Company's DTAs and DTLs for December 31, 2017 were calculated using the enacted federal income rate of 21%.
2 The Company's DTAs and DTLs for December 31, 2016 were calculated using the enacted federal income rate of 35%.
The DTAs include state NOLs and other state carryforwards that will expire, if not utilized, in varying amounts from 2018 to 2037. At December 31, 2017 and 2016, the Company had a valuation allowance recorded against its state carryforwards and certain state DTAs of $143 million and $80 million, respectively. The increase in the valuation allowance was due primarily to an increase in the valuation allowance recorded for STM's state NOLs as well as the reduction in the federal benefit of the state valuation allowance due to the reduction in the federal income tax rate. A valuation allowance is not required for the federal and the remaining state DTAs because the Company believes it is more-likely-than-not that these assets will be realized.
The following table provides a rollforward of the Company's gross federal and state UTBs, excluding interest and penalties, during the years ended December 31:
|
| | | | | | | |
(Dollars in millions) | 2017 | | 2016 |
Balance at January 1 |
| $111 |
| |
| $100 |
|
Increases in UTBs related to prior years | 22 |
| | 18 |
|
Decreases in UTBs related to prior years | (5 | ) | | (4 | ) |
Increases in UTBs related to the current year | 13 |
| | 13 |
|
Decreases in UTBs related to settlements | — |
| | (16 | ) |
Balance at December 31 |
| $141 |
| |
| $111 |
|
The amount of UTBs that would favorably affect the Company's effective tax rate, if recognized, was $112 million at December 31, 2017.
Interest and penalties related to UTBs are recorded in the Provision for income taxes in the Consolidated Statements of Income. The Company had a gross liability of $17 million and $8 million for interest and penalties related to its UTBs at December 31, 2017 and 2016, respectively. During the years ended December 31, 2017 and 2016, the Company recognized a gross expense of $10 million and a gross benefit of less than $1 million, respectively, related to interest and penalties on the UTBs.
The Company files U.S. federal, state, and local income tax returns. The Company's federal income tax returns are no longer subject to examination by the IRS for taxable years prior to 2012. With limited exceptions, the Company is no longer subject to examination by state and local taxing authorities for taxable years prior to 2012. It is reasonably possible that the liability for UTBs could decrease by as much as $30 million during the next 12 months due to completion of tax authority examinations and the expiration of statutes of limitations. It is uncertain how much, if any, of this potential decrease will impact the Company’s effective tax rate.