Entity information:
18. Income Taxes
 
Income tax expense for 2017 was impacted by the adjustment of our deferred tax assets and liabilities related to the reduction in the U.S. federal statutory income tax rate to 21% under the Tax Cuts and Jobs Act, which was enacted on December 22, 2017. As a result of the new law, which is more fully discussed below, the Company recognized a net tax expense of $154,000.
 
The components of income tax expense are as follows:
 
 
 
Years Ended December 31
 
 
 
2017
 
2016
 
2015
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(In Thousands)
 
Current:
 
 
 
 
 
 
 
 
 
 
Federal
 
$
14,588
 
$
13,125
 
$
11,299
 
State and local
 
 
181
 
 
244
 
 
146
 
Deferred
 
 
1,261
 
 
(615)
 
 
(35)
 
Tax reform revaluation
 
 
154
 
 
-
 
 
-
 
 
 
$
16,184
 
$
12,754
 
$
11,410
 
 
The effective tax rates differ from federal statutory rate applied to income before income taxes due to the following:
 
 
 
Years Ended December 31
 
 
 
2017
 
2016
 
2015
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(In Thousands)
 
Tax expense at statutory rate (35%)
 
$
16,958
 
$
14,559
 
$
13,240
 
Increases (decreases) in taxes from:
 
 
 
 
 
 
 
 
 
 
State income tax – net of federal tax benefit
 
 
119
 
 
159
 
 
95
 
Tax exempt interest income, net of TEFRA
 
 
(1,218)
 
 
(1,168)
 
 
(1,219)
 
Bank owned life insurance
 
 
(1,212)
 
 
(341)
 
 
(255)
 
Captive insurance
 
 
(364)
 
 
(414)
 
 
(415)
 
BOLI surrender
 
 
1,721
 
 
-
 
 
-
 
Tax reform revaluation
 
 
154
 
 
-
 
 
-
 
Other
 
 
26
 
 
(41)
 
 
(36)
 
Totals
 
$
16,184
 
$
12,754
 
$
11,410
 
 
Deferred federal income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes.
 
Significant components of First Defiance’s deferred federal income tax assets and liabilities are as follows:
 
 
 
December 31
 
 
 
2017
 
2016
 
 
 
(In Thousands)
 
Deferred federal income tax assets:
 
 
 
 
 
 
 
Allowance for loan losses
 
$
5,415
 
$
9,059
 
Postretirement benefit costs
 
 
671
 
 
1,044
 
Deferred compensation
 
 
1,354
 
 
1,847
 
Impaired loans
 
 
1,432
 
 
1,087
 
Accrued vacation
 
 
123
 
 
454
 
Allowance for real estate held for sale losses
 
 
71
 
 
226
 
Deferred loan origination fees and costs
 
 
332
 
 
462
 
Accrued bonus
 
 
333
 
 
626
 
Other
 
 
1,578
 
 
1,554
 
Total deferred federal income tax assets
 
 
11,309
 
 
16,359
 
 
 
 
 
 
 
 
 
Deferred federal income tax liabilities:
 
 
 
 
 
 
 
FHLB stock dividends
 
 
1,558
 
 
2,279
 
Goodwill
 
 
4,377
 
 
5,967
 
Mortgage servicing rights
 
 
2,060
 
 
3,358
 
Fixed assets
 
 
1,039
 
 
1,217
 
Other intangible assets
 
 
990
 
 
301
 
Loan mark to market
 
 
5
 
 
59
 
Net unrealized gains on available-for-sale securities
 
 
194
 
 
272
 
Prepaid expenses
 
 
539
 
 
694
 
Other
 
 
316
 
 
-
 
Total deferred federal income tax liabilities
 
 
11,078
 
 
14,147
 
Net deferred federal income tax asset/ (liability)
 
$
231
 
$
2,212
 
 
The realization of the Company’s deferred tax assets is dependent upon the Company’s ability to generate taxable income in future periods and the reversal of deferred tax liabilities during the same period and the ability to carryback any losses. The Company has evaluated the available evidence supporting the realization of its deferred tax assets and determined it is more likely than not that the assets will be realized and thus no valuation allowance was required at December 31, 2017.
 
Retained earnings at December 31, 2017, include approximately $11.0 million for which no tax provision for federal income taxes has been made. This amount represents the tax bad debt reserve at December 31, 1987, which is the end of the Company’s base year for purposes of calculating the bad debt deduction for tax purposes. If this portion of retained earnings is used in the future for any purpose other than to absorb bad debts, the amount used will be added to future taxable income. The unrecorded deferred tax liability on the above amount at December 31, 2017, was approximately $2.31 million.
 
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (In Thousands):
 
Balance at January 1, 2015
 
$
-
 
Additions based on tax positions related to the current year
 
 
-
 
Additions for tax positions of prior years
 
 
-
 
Reductions for tax positions of prior years
 
 
-
 
Reductions due to the statute of limitations
 
 
-
 
Settlements
 
 
-
 
Balance at December 31, 2015
 
$
-
 
 
 
 
 
 
Balance at January 1, 2016
 
$
-
 
Additions based on tax positions related to the current year
 
 
-
 
Additions for tax positions of prior years
 
 
398
 
Reductions for tax positions of prior years
 
 
-
 
Reductions due to the statute of limitations
 
 
-
 
Settlements
 
 
-
 
Balance at December 31, 2016
 
$
398
 
 
 
 
 
 
Balance at January 1, 2017
 
$
398
 
Additions based on tax positions related to the current year
 
 
-
 
Additions for tax positions of prior years
 
 
-
 
Reductions for tax positions of prior years
 
 
-
 
Reductions due to the statute of limitations
 
 
-
 
Settlements
 
 
(398)
 
Balance at December 31, 2017
 
$
-
 
 
The Company does not expect the total amount of unrecognized tax benefits to significantly increase in the next twelve months.
 
The total amount of interest and penalties recorded in the income statement was $0, $40,000 and $0 for the years ended December 31, 2017, 2016 and 2015. The amount accrued for interest and penalties was $0, $40,000 and $0 at December 31, 2017, 2016 and 2015.
 
The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax in the state of Indiana. The Company is no longer subject to examination by taxing authorities for years before 2014. The Company currently operates primarily in the states of Ohio and Michigan, which tax financial institutions based on their equity rather than their income.
 
Tax Cuts and Jobs Act – The Tax Cuts and Jobs Act was enacted on December 22, 2017. Among other things, the new law (i) establishes a new, flat corporate federal statutory income tax rate of 21%, (ii) eliminates the corporate alternative minimum tax and allows the use of any such carryforwards to offset regular tax liability for any taxable year, (iii) limits the deduction for net interest expense incurrent by U.S. corporations, (iv) allows businesses to immediately expense, for tax purposes, the cost of new investments in certain qualified depreciable assets, (v) eliminates or reduces certain deductions related to meals and entertainment expenses, (vi) modifies the limitation on excessive employee remuneration to eliminate the exception for performance-based compensation and clarifies the definition of a covered employee and (vii) limits the deductibility of deposit insurance premiums. The Tax Cuts and Jobs Act also significantly changes U.S. tax law related to foreign operations, however, such changes do not impact First Defiance.
 
As stated above, as a result of the enactment of the Tax Cuts and Jobs Act on December 22, 2017, First Defiance re-measured its deferred tax assets and liabilities based upon the newly enacted U.S. statutory federal income tax rate of 21%, which is the tax rate at which these assets and liabilities are expected to reverse in the future. First Defiance recognized a net tax expense related to the re-measurement of its deferred tax assets and liabilities totaling $154,000.