12.INCOME TAXES
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting and income tax purposes. Net deferred tax assets at December 31, 2017 and 2016 consist primarily of the following: (in thousands):
|
|
2017 |
2016 |
||||
|
Deferred tax assets: |
||||||
|
Allowance for loan losses |
$ |
2,100 |
$ |
2,997 | ||
|
Organization costs |
78 | 72 | ||||
|
Unearned loan fees and other |
987 | 656 | ||||
|
Other real estate owned write-downs |
794 | 945 | ||||
|
Other than temporary impairment charge |
235 | 369 | ||||
|
Net unrealized loss on investment securities available for sale |
367 | 406 | ||||
|
Purchase accounting |
3,411 | 934 | ||||
|
Federal net operating loss carryforward |
4,845 |
- |
||||
|
Federal AMT credit carryforward |
1,137 |
- |
||||
|
Federal low income housing credit carryforward |
2,386 |
- |
||||
|
Deferred compensation |
1,114 | 878 | ||||
|
Other |
712 | 871 | ||||
|
Total deferred tax assets |
18,166 | 8,128 | ||||
|
Deferred tax liabilities: |
||||||
|
FDIC indemnification asset |
300 | 735 | ||||
|
Depreciation |
963 | 613 | ||||
|
Total deferred tax liabilities |
1,263 | 1,348 | ||||
|
Net deferred tax assets |
$ |
16,903 |
$ |
6,780 | ||
No valuation allowance was deemed necessary on deferred tax assets in 2017 or 2016. Management believes that the realization of the deferred tax assets is more likely than not based on the expectation that Southern National will generate the necessary taxable income in future periods.
We have no unrecognized tax benefits and do not anticipate any increase in unrecognized tax benefits during the next twelve months. Should the accrual of any interest or penalties relative to unrecognized tax benefits be necessary, it is our policy to record such accruals in our income tax accounts; no such accruals existed as of December 31, 2017, 2016 or 2015. Southern National and its subsidiaries file a consolidated U.S. federal income tax return, and Southern National files a Virginia state income tax return. Sonabank files a Maryland state income tax return. These returns are subject to examination by taxing authorities for all years after 2013.
The provision for income taxes consists of the following for the years ended December 31, 2017, 2016 and 2015 (in thousands):
|
|
2017 |
2016 |
2015 |
||||||
|
Current tax expense |
|||||||||
|
Federal |
$ |
3,145 |
$ |
4,781 |
$ |
2,367 | |||
|
State |
316 | 285 | 168 | ||||||
|
Total current tax expense |
3,461 | 5,066 | 2,535 | ||||||
|
|
|||||||||
|
Deferred tax benefit |
|||||||||
|
Federal |
10,234 | 28 | 2,123 | ||||||
|
State |
(548) | 1 | 9 | ||||||
|
Total deferred tax expense |
9,686 | 29 | 2,132 | ||||||
|
Total income tax expense |
$ |
13,147 |
$ |
5,095 |
$ |
4,667 |
The income tax expense differed from the amount of income tax determined by applying the U.S. Federal income tax rate of 34% to pretax income for the years ended December 31, 2017, 2016 and 2015 due to the following (in thousands):
|
|
2017 |
2016 |
2015 |
||||||
|
Computed expected tax expense at statutory rate |
$ |
5,294 |
$ |
5,238 |
$ |
4,745 | |||
|
Reduction in tax expense resulting from: |
|||||||||
|
Income from bank-owned life insurance |
(316) | (238) | (216) | ||||||
|
Other, net |
234 | 95 | 138 | ||||||
|
Transaction costs |
724 |
- |
- |
||||||
|
Provisional tax adjustment related to reduction in U.S. |
|||||||||
|
federal statutory income tax rate |
7,211 |
- |
- |
||||||
|
Income tax expense |
$ |
13,147 |
$ |
5,095 |
$ |
4,667 |
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, we recognized additional income tax expense totaling $7.2 million as reported in the rate change line item in the table above.
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 incurred 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 currently impact us.
As a result of the enactment of the Tax Cuts and Jobs Act on December 22, 2017, we remeasured our 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. Notwithstanding the foregoing, we are still analyzing certain aspects of the new law and refining our calculations, which could affect the measurement of these assets and liabilities or give rise to new deferred tax amounts. Nonetheless, we recognized a provisional net tax expense related to the remeasurement of our deferred tax assets and liabilities totaling $7.2 million in the fourth quarter of 2017.