Income tax expense is as follows (
in thousands
):
| | | December 31, | |
| | | 2017 | | | 2016 | | | 2015 | |
| Current tax expense: | | | | | | | | | | | | |
| Federal | | $ | 17,008 | | | $ | 16,274 | | | $ | 25,852 | |
| State | | | 3,201 | | | | 2,929 | | | | 3,450 | |
| Total current tax expense: | | | 20,209 | | | | 19,203 | | | | 29,302 | |
| Deferred tax expense (benefit): | | | | | | | | | | | | |
| Federal | | | (19,425 | ) | | | (7,115 | ) | | | (12,571 | ) |
| State | | | (983 | ) | | | (253 | ) | | | (1,449 | ) |
| Total deferred tax benefit: | | | (20,408 | ) | | | (7,368 | ) | | | (14,020 | ) |
| Total income tax expense | | $ | (199 | ) | | $ | 11,835 | | | $ | 15,282 | |
A reconciliation of the income tax expense calculated using the applicable federal statutory rate to the actual income tax expense is as follows (
in thousands
):
| | | December 31, | |
| | | 2017 | | | % | | | 2016 | | | % | | | 2015 | | | % | |
| Computed at federal statutory rate | | $ | 13,949 | | | | 35.0 | | | $ | 17,315 | | | | 35.0 | | | $ | 13,934 | | | | 35.0 | |
| State and local tax expense, net of federal benefit | | | 2,226 | | | | 5.6 | | | | 2,448 | | | | 5.0 | | | | 1,038 | | | | 2.6 | |
| Net permanent deduction and credit tax benefits from prior years | | | - | | | | - | | | | (6,213 | ) | | | (12.6 | ) | | | - | | | | - | |
| Net permanent deduction and credit tax benefits from current year | | | (1,513 | ) | | | (3.8 | ) | | | (1,509 | ) | | | (3.1 | ) | | | - | | | | - | |
| Tax Reform - Revaluation of Deferrals | | | (15,130 | ) | | | (38.0 | ) | | | - | | | | - | | | | - | | | | - | |
| Acquisition adjustments | | | (1,003 | ) | | | (2.5 | ) | | | - | | | | - | | | | - | | | | - | |
| Acquisition costs | | | 697 | | | | 1.7 | | | | 203 | | | | 0.4 | | | | - | | | | - | |
| Other, net | | | 575 | | | | 1.5 | | | | (409 | ) | | | (0.8 | ) | | | 310 | | | | 0.8 | |
| Total income tax expense | | $ | (199 | ) | | | (0.5 | ) | | $ | 11,835 | | | | 23.9 | | | $ | 15,282 | | | | 38.4 | |
The Company’s effective tax rate decreased to (
0.5%
) for the year ended
December 31, 2017
from
23.9%
for the year ended
December 31, 2016,
primarily due to the revaluation of the Company’s deferred tax balances from the federal tax rate reduction of
35%
to
21%
under the
2017
Tax Act which was signed into law on
December 22, 2017.
The net benefits for the
2017
Tax Act as recorded as provisional amounts as of
December 31, 2017,
represent the Company's best estimate using information available to the Company as of
February 27, 2018.
The Company anticipates U.S. regulatory agencies will issue further regulations over the next year which
may
alter this estimate. The Company is still evaluating, among other things, the application of limitations for executive compensation related to contracts existing prior to
November 2, 2017.
The Company will refine its estimates to incorporate new or better information as it comes available through the filing date of its
2017
U.S. income tax returns in the
fourth
quarter of
2018.
As a result of an analysis performed during
2016,
the Company determined certain activities it performs qualify for (i) R&D Credits provided in IRC Section
41
and (ii) the Section
199
Deduction provided in IRC Section
199.
As a result, the Company recognized net tax benefits during the year ended
December 31, 2016
of
$6.2
million for federal and state R&D Credits and the Section
199
Deduction relating to tax years
2012
through
2015.
Deferred income taxes are recognized for the future tax consequences of temporary differences between the financial statement and tax bases of assets and liabilities. The tax effect of temporary differences that give rise to a significant portion of the deferred tax assets and deferred tax liabilities are as follows (in thousands):
| | | December 31, | |
| | | 2017 | | | 2016 | |
| Deferred tax assets: | | | | | | | | |
| Stock-based compensation | | $ | 9,980 | | | $ | 10,373 | |
| Goodwill and intangible assets | | | 6,524 | | | | 10,711 | |
| Allowance for doubtful accounts | | | 3,822 | | | | 4,108 | |
| Deferred rent | | | 909 | | | | 1,120 | |
| Tenant improvements | | | 669 | | | | 1,226 | |
| Estimated liability for appeals | | | 7,775 | | | | 11,596 | |
| Net operating loss carry-forwards | | | 3,358 | | | | 2,141 | |
| Tax credit carry-forwards | | | 3,667 | | | | - | |
| Property and equipment | | | 256 | | | | 79 | |
| Accrued expenses and other | | | 3,615 | | | | 7,811 | |
| Total deferred tax assets | | | 40,575 | | | | 49,165 | |
| Deferred tax liabilities: | | | | | | | | |
| Goodwill and intangible assets | | | 48,186 | | | | 52,729 | |
| Section 481(a) adjustment | | | 7,413 | | | | 14,757 | |
| Prepaid expenses | | | 624 | | | | - | |
| Capitalized software cost | | | 6,341 | | | | 4,396 | |
| Total deferred tax liabilities | | | 62,564 | | | | 71,882 | |
| Total net deferred tax liabilities | | $ | 21,989 | | | $ | 22,717 | |
Included in Other liabilities on the Consolidated Balance Sheets, are the total amount of unrecognized tax benefits of approximately
$8.2
million and
$7.4
million as of
December 31, 2017
and
2016,
respectively, net of the federal benefit for state issues that, if recognized, would favorably affect the Company’s future effective tax rate. Also included in Other Liabilities on the Consolidated Balance Sheets, are accrued liabilities for interest expense and penalties related to unrecognized tax benefits of
$0.6
million at both
December 31, 2017
and
2016.
HMS includes interest expense and penalties in the provision for income taxes in the Consolidated Statements of Income. The amount of interest expense, net of federal and state income tax benefits, and penalties in the Consolidated Statements of Income for the years ended
December 31, 2017,
2016
and
2015
was
$0.02
million,
$0.2
million and
$0.6
million, respectively. The Company believes it is reasonably possible the amount of unrecognized tax benefits
may
decrease by
$1.8
million during
2018,
due to the expiration of the statute of limitations in various jurisdictions.
A reconciliation of the beginning and ending amounts of unrecognized tax benefits are as follows
(in thousands)
:
| | | December 31, | |
| | | 2017 | | | 2016 | |
| Unrecognized tax benefits at January 1 | | $ | 7,433 | | | $ | 1,329 | |
| Additions for tax positions taken during prior periods | | | 599 | | | | 763 | |
| Additions for tax positions taken during current period including amended prior years | | | 1,174 | | | | 5,931 | |
| Reductions related to the expiration of statutes of limitations | | | (972 | ) | | | (590 | ) |
| Unrecognized tax benefits at December 31 | | $ | 8,234 | | | $ | 7,433 | |
The Company increased the provision for unrecognized tax benefits by
$1.2
million during the year ended
December 31, 2017,
related to tax benefits recognized associated with R&D Credits and the Section
199
Deduction for all open tax years.
At
December 31, 2017,
HMS had federal and state pre-tax net operating loss and tax credit carryforwards of approximately
$34.1
million and
$3.7
million, respectively, which will be available to offset future taxable income. If
not
used, these net operating loss and tax credit carryforwards will begin to expire in
2021
and
2019,
respectively. The Company files income tax returns with the U.S. Federal government and various state jurisdictions. HMS is
no
longer subject to U.S. Federal income tax examinations for years before
2012.
The Company is currently under audit by the Internal Revenue Service for years
2013
and
2014
and
no
assessments have been received. HMS operates in a number of state and local jurisdictions. Accordingly, HMS is subject to state and local income tax examinations based upon the various statutes of limitations in each jurisdiction. Previously recognized Texas refund claims are currently being examined by the state. The Company is currently being examined by the State of Illinois and has received preliminary assessments of an immaterial amount which the Company is reviewing.