| 10. | Income Taxes |
On December 22, 2017, the President of the United States signed into law the 2017 Tax Act. The 2017 Tax Act includes a number of changes to the existing U.S. tax laws that impact the Company, most notably a reduction in the U.S. corporate income tax rate from 34 percent to 21 percent for tax years beginning after December 31, 2017.
The Company recognized the income tax effects of the 2017 Tax Act in its 2017 consolidated financial statements in accordance with Staff Accounting Bulletin No. 118, which provides SEC staff guidance for the application of ASC Topic 740, Income Taxes, in the reporting period in which the 2017 Tax Act was signed into law. As such, the Company’s financial results reflect the income tax effects of the 2017 Tax Act for which the accounting under ASC Topic 740 is incomplete but a reasonable estimate could be determined. The Company did not identify items for which the income tax effects of the 2017 Tax Act have not been completed and a reasonable estimate could not be determined as of December 31, 2017.
Total income taxes for the years ended December 31, 2017, 2016 and 2015 are presented in the table below.
| For the year ended December 31, | ||||||||||||
| 2017 | 2016 | 2015 | ||||||||||
| Income tax expense | $ | 2,814,634 | $ | 1,688,433 | $ | 2,287,248 | ||||||
| Unrealized gains (losses) on securities available for sale presented in accumulated other comprehensive income (loss) | (116,007 | ) | (939,482 | ) | (147,104 | ) | ||||||
| Total | $ | 2,698,627 | $ | 748,951 | $ | 2,140,144 | ||||||
Income tax expense was as follows:
| For the year ended December 31, | ||||||||||||
| 2017 | 2016 | 2015 | ||||||||||
| Current income taxes | ||||||||||||
| Federal | $ | 2,538,272 | $ | 2,438,687 | $ | 2,102,154 | ||||||
| State | — | — | 224,083 | |||||||||
| Total current tax expense | 2,538,272 | 2,438,687 | 2,326,237 | |||||||||
| Deferred income tax (benefit) expense | 276,362 | (750,254 | ) | (38,989 | ) | |||||||
| Total income tax expense | $ | 2,814,634 | $ | 1,688,433 | $ | 2,287,248 | ||||||
The differences between actual income tax expense and the amounts computed by applying the U.S. federal income tax rate of 34% to pretax income from continuing operations for the periods indicated are reconciled in the table below.
| For the year ended December 31, | ||||||||||||
| 2017 | 2016 | 2015 | ||||||||||
| Computed “expected” tax expense | $ | 2,623,595 | $ | 2,358,069 | $ | 2,438,322 | ||||||
| Increase (reduction) in income taxes resulting from: | ||||||||||||
| Tax rate change impact | 666,674 | — | — | |||||||||
| Amortization of credit and gain | 163,411 | 163,411 | — | |||||||||
| Stock based compensation | 24,378 | 26,012 | 26,856 | |||||||||
| Valuation allowance | 16,952 | 4,314 | 11,093 | |||||||||
| Other | (4,768 | ) | (203,854 | ) | 5,052 | |||||||
| State income tax, net of federal benefit | (329,412 | ) | (319,525 | ) | 147,895 | |||||||
| Tax exempt interest income | (346,196 | ) | (339,994 | ) | (341,970 | ) | ||||||
| $ | 2,814,634 | $ | 1,688,433 | $ | 2,287,248 | |||||||
The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at December 31, 2017 and 2016 are presented below.
| December 31, | ||||||||
| 2017 | 2016 | |||||||
| Deferred tax assets: | ||||||||
| Allowance for loan losses | $ | 782,714 | $ | 1,248,551 | ||||
| State credit carryforward | 488,052 | 236,536 | ||||||
| Unrealized loss on securities available for sale | 284,877 | 356,562 | ||||||
| Passthrough income | 70,603 | — | ||||||
| State net operating loss carryforward | 67,253 | 50,301 | ||||||
| Nonaccrual interest | 19,209 | — | ||||||
| OREO | 18,157 | — | ||||||
| Other | 5,214 | 45,661 | ||||||
| Total gross deferred tax assets | 1,736,079 | 1,937,611 | ||||||
| Valuation allowance | (67,253 | ) | (50,301 | ) | ||||
| Total gross deferred tax assets, net of valuation allowance | 1,668,826 | 1,887,310 | ||||||
| Deferred tax liabilities: | ||||||||
| Prepaid expenses | (210 | ) | (2,779 | ) | ||||
| Deferred loan fees | (31,930 | ) | (46,392 | ) | ||||
| Fixed assets, principally due to differences in depreciation | (36,424 | ) | (52,236 | ) | ||||
| Other | (53,591 | ) | (78,877 | ) | ||||
| Total gross deferred tax liabilities | (122,155 | ) | (180,284 | ) | ||||
| Net deferred tax assets | $ | 1,546,671 | $ | 1,707,026 | ||||
In 2016, the Company invested in a South Carolina Rehabilitation Credit. The tax credit is included in deferred tax assets and is being amortized. Amortization expense recognized for the years ended December 31, 2017 and 2016 was $306,105 and $325,000, respectively, and is included in other operating expense on the statement of operations.
There was a $67,253 valuation allowance for deferred tax assets at December 31, 2017 and $50,301 at December 31, 2016 associated with the Company’s state net operating loss. In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred income tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible and prior to their expiration governed by the income tax code. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. Based upon the level of historical taxable income and projections for future taxable income over the periods during which the deferred income tax assets are expected to be deductible, management believes it is more likely than not the Company will realize the benefits of these deductible differences, net of the existing valuation allowance at December 31, 2017. The amount of the deferred income tax asset considered realizable, however, could be reduced in the near term if estimates of future taxable income during the carry forward period are reduced.
The Company measures deferred tax assets and liabilities using enacted tax rates that will apply in the years in which the temporary differences are expected to be recovered or paid. Accordingly, the Company’s deferred tax assets and liabilities were remeasured to reflect the reduction in the U.S. corporate income tax rate from 34 percent to 21 percent, resulting in a $666,674 increase in income tax expense for the year ended December 31, 2017 and a corresponding $666,674 decrease in net deferred tax assets as of December 31, 2017.
The Company has analyzed the tax positions taken or expected to be taken in its tax returns and concluded it has no liability related to uncertain tax positions in accordance with applicable regulations.
Tax returns for 2014 and subsequent years are subject to examination by taxing authorities.