Note 12. Income Taxes
Income tax expense attributable to continuing operations for each of the years ended December 31 is as follows (in thousands):
|
| | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
Current tax expense : | | | | | |
Federal | $ | 63,496 |
| | $ | 49,769 |
| | $ | 41,721 |
|
State | 860 |
| | — |
| | 48 |
|
Total current tax expense | 64,356 |
| | 49,769 |
| | 41,769 |
|
Deferred tax expense: | | | |
| | |
|
Federal | 26,339 |
| | 12,776 |
| | 4,963 |
|
State | 1,826 |
| | 1,614 |
| | 857 |
|
Deferred tax revaluation expense | 31,486 |
| | — |
| | — |
|
Total deferred tax expense | 59,651 |
| | 14,390 |
| | 5,819 |
|
Total income tax expense | $ | 124,007 |
| | $ | 64,159 |
| | $ | 47,589 |
|
Pinnacle Financial's income tax expense differs from the amounts computed by applying the Federal income tax statutory rates of 35% to income (loss) before income taxes. A reconciliation of the differences for each of the years in the three-year period ended December 31, 2017 is as follows (in thousands):
|
| | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
Income tax expense at statutory rate | $ | 104,295 |
| | $ | 66,984 |
| | $ | 50,084 |
|
State excise tax expense, net of federal tax effect | 1,746 |
| | 1,049 |
| | 588 |
|
Tax-exempt securities | (5,666 | ) | | (2,510 | ) | | (2,543 | ) |
Federal tax credits | (434 | ) | | (282 | ) | | — |
|
Bank owned life insurance | (2,778 | ) | | (1,242 | ) | | (892 | ) |
Insurance premiums | (283 | ) | | (159 | ) | | (306 | ) |
Revaluation of deferred tax assets and liabilities due to Tax Cuts and Jobs Act | 31,486 |
| | — |
| | — |
|
Excess tax benefits associated with equity compensation | (5,365 | ) | | — |
| | — |
|
Change in uncertain tax positions | — |
| | — |
| | — |
|
Other items | 1,006 |
| | 319 |
| | 658 |
|
Income tax expense | $ | 124,007 |
| | $ | 64,159 |
| | $ | 47,589 |
|
Pinnacle Financial's effective tax rate for 2017 and 2016 differs from the statutory income tax rates primarily due to a state excise tax expense, investments in bank qualified municipal securities, our real estate investment trust, participation in the Community Investment Tax Credit (CITC) program, and bank owned life insurance, offset in part by the limitation on deductibility of meals and entertainment expense, certain merger-related expenses and the deferred tax asset revaluation in 2017 pursuant to the enactment of the Tax Cuts and Jobs Act. On December 22, 2017, the Tax Cuts and Jobs Act was signed into law. Among other items, the Tax Cuts and Jobs Act reduced the corporate statutory tax rate from 35% to 21%. As a result of such decrease, Pinnacle Financial recognized a charge of $31.5 million in 2017 resulting from the revaluation of its deferred tax assets.
The components of deferred income taxes included in other assets in the accompanying consolidated balance sheets at December 31, 2017 and 2016 are as follows (in thousands):
|
| | | | | | | |
| 2017 | | 2016 |
Deferred tax assets: | | | |
Loan loss allowance | $ | 16,240 |
| | $ | 22,308 |
|
Loans | 46,567 |
| | 15,534 |
|
Insurance | 614 |
| | 869 |
|
Accrued liability for supplemental retirement agreements | 7,413 |
| | 5,587 |
|
Restricted stock and stock options | 8,232 |
| | 8,643 |
|
Securities | — |
| | 4,275 |
|
Cash flow hedge | 499 |
| | 1,520 |
|
Equity method investment | 635 |
| | 858 |
|
Leases | 1,738 |
| | 1,627 |
|
Other real estate owned | 2,809 |
| | 149 |
|
Net federal operating loss carryforward and credits | 18,085 |
| | — |
|
Other deferred tax assets | 5,373 |
| | 6,413 |
|
Total deferred tax assets | 108,205 |
| | 67,783 |
|
| | | |
Deferred tax liabilities: | |
| | |
|
Depreciation and amortization | 11,504 |
| | 5,823 |
|
Core deposit intangible asset | 14,073 |
| | 5,621 |
|
Securities | 616 |
| | — |
|
REIT dividends | 3,073 |
| | 4,602 |
|
FHLB related liabilities | 922 |
| | 285 |
|
Subordinated debt | 1,077 |
| | 1,001 |
|
Other deferred tax liabilities | 1,171 |
| | 679 |
|
Total deferred tax liabilities | 32,436 |
| | 18,011 |
|
Net deferred tax assets | $ | 75,769 |
| | $ | 49,772 |
|
ASC 740, Income Taxes, defines the threshold for recognizing the benefits of tax return positions in the financial statements as "more-likely-than-not" to be sustained by the taxing authority. This section also provides guidance on the derecognition, measurement and classification of income tax uncertainties, along with any related interest and penalties, and includes guidance concerning accounting for income tax uncertainties in interim periods. At December 31, 2017, the Company had federal and state loss and tax credit carryforwards of approximately $18.5 million that expire at various dates from 2027 to 2036.
On December 22, 2017, the SEC staff issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provides guidance on accounting for the tax effects of the Tax Cuts and Jobs Act. SAB 118 provides a measurement period that should not extend beyond one year from the Tax Cuts and Jobs Act's enactment date for companies to complete the accounting under ASC 740, Income Taxes. The Company’s financial results reflect the income tax effects of the Tax Cuts and Jobs Act for which the accounting under ASC Topic 740 is complete and provisional amounts for those specific income tax effects of the Tax Cuts and Jobs Act for which the accounting under ASC Topic 740 is incomplete but a reasonable estimate could be determined.
A reconciliation of the beginning and ending unrecognized tax benefit related to state uncertain tax positions is as follows (in thousands):
|
| | | | | | | | | | | |
| 2017 | | 2016 | | 2015 |
Balance at January 1, | $ | 1,274 |
| | $ | 134 |
| | $ | 391 |
|
Increases (decreases) due to tax positions taken during the current year | 1,564 |
| | 1,140 |
| | (257 | ) |
Increases due to tax positions taken during a prior year | — |
| | — |
| | — |
|
Decreases due to the lapse of the statute of limitations during the current year | — |
| | — |
| | — |
|
Decreases due to settlements with the taxing authorities during the current year | — |
| | — |
| | — |
|
Balance at December 31, | $ | 2,838 |
| | $ | 1,274 |
| | $ | 134 |
|
Pinnacle Financial's policy is to recognize interest and/or penalties related to income tax matters in income tax expense. No interest and penalties were recorded for the year ended December 31, 2017.