Entity information:
9
.
INCOME TAXES
 
In
December 2017,
the Tax Cuts and Jobs Act (the
“2017
Tax Act”) was enacted. The
2017
Tax Act includes a number of changes to existing U.S. tax laws that impact the
Company, most notably a reduction of the U.S. corporate income tax rate from
35%
to
21%
for tax years beginning after
December 31, 2017.
The
2017
Tax Act also provides the acceleration of depreciation for certain assets placed into service after
September 27, 2017.
 
The
2017
Tax Act provides for
an immediate deduction of
100%
of the costs incurred to acquire qualified property placed in service during the period from
September 27, 2017
to
December 31, 2022.
The amount of accelerated depreciation will begin to phase down by
20%
per year beginning
January 1, 2023
and will be completely phased out as of
January 1, 2027.
 
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. The tax rate change, along with changes in tax basis resulting from the
2017
Tax Act, resulted in a
$113.0
million decrease in income tax expense for the year ended
December 31, 2017
and a corresponding
$113.0
million decrease in net deferred tax liabilities as of
December 31, 2017.
 
The
Company recognized the income tax effects of the
2017
Tax Act in its
2017
financial statements in accordance with Staff Accounting Bulletin
No.
118,
which provides SEC staff guidance for the application of ASC
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
740
is complete as well as provisional amounts for those specific income tax effects of the
2017
Tax Act for which the accounting under ASC
740
is incomplete but a reasonable estimate could be determined. The Company has recognized the provisional tax impacts related to acceleration of depreciation and the revaluation of deferred tax assets and liabilities and included these amounts in its consolidated financial statements for the year ended
December 31, 2017.
The ultimate impact
may
differ from these provisional amounts, possibly materially, due to, among other things, additional analysis, changes in interpretations and assumptions the Company has made, additional regulatory guidance that
may
be issued and actions the Company
may
take as a result of the
2017
Tax Act. The accounting is expected to be complete when the Company’s
2017
U.S. corporate income tax return is filed in
2018.
 
The
income tax provision (benefit) consisted of the following (in thousands):
 
   
Current
   
Deferred
   
Total
 
Year Ended December 31, 201
7
 
 
 
 
 
 
 
 
 
 
 
 
U.S. Federal
  $
37,975
    $
(90,396
)   $
(52,421
)
State and
local
   
4,156
     
4,038
     
8,194
 
Total
  $
42,131
    $
(86,358
)   $
(44,227
)
                         
Year Ended December 31, 201
6
 
 
 
 
 
 
 
 
 
 
 
 
U.S. Federal
  $
56,564
    $
(1,750
)   $
54,814
 
State and
local
   
6,688
     
660
     
7,348
 
Total
  $
63,252
    $
(1,090
)   $
62,162
 
                         
Year Ended December 31, 201
5
 
 
 
 
 
 
 
 
 
 
 
 
U.S. Federal
  $
60,201
    $
(11,552
)   $
48,649
 
State and
local
   
7,310
     
(526
)    
6,784
 
Total
  $
67,511
    $
(12,078
)   $
55,433
 
 
The
income tax provision (benefit) is different than the amount of income tax determined by applying the U.S. Federal statutory rate of
35%
to income before income taxes as a result of the following (in thousands):
 
   
Year Ended December 31,
 
   
201
7
   
201
6
   
201
5
 
U.S. Federal taxes at statutory rate
  $
66,430
    $
57,142
    $
51,539
 
State and local taxes, net of U.S. Federal tax
   
5,477
     
4,052
     
3,861
 
Benefit from
remeasurement of deferred taxes due to 2017 Tax Act
   
(113,045
)    
-
     
-
 
Other, net
   
(3,089
)    
968
     
33
 
Income tax provision (benefit)
  $
(44,227
)   $
62,162
    $
55,433
 
 
The net d
eferred income tax liability consisted of the following (in thousands):
 
   
As of December 31,
 
   
201
7
   
201
6
 
Other benefit obligations
  $
5,779
    $
9,118
 
Equity-based compensation
   
4,711
     
5,041
 
Accounts receivable
   
262
     
192
 
Net operating los
ses
   
2,992
     
-
 
Other
   
765
     
555
 
Deferred tax assets
   
14,509
     
14,906
 
Property, plant and equipment
   
95,345
     
133,987
 
Goodwill and other intangible assets
   
123,745
     
166,268
 
Accrued bonus
   
1,055
     
-
 
Deferred tax liabilities
   
220,145
     
300,255
 
Net deferred income tax liability
  $
205,636
    $
285,349
 
 
The Company has
not
established valuation allowances against any U.S. Federa
l or state deferred tax assets.
 
There were
$2.7
million of tax
-effected U.S. Federal tax net operating losses available for carryforward at
December 31, 2017,
which were generated by NewWave prior to the acquisition and have expiration dates through
2036.
The use of pre-acquisition operating losses is subject to limitations imposed by the Internal Revenue Code of
1986,
as amended. The Company does
not
anticipate that these limitations will affect utilization of the carryforwards prior to their expiration. The Company had
$0.3
million of tax-effected state tax net operating loss carryforwards at
December 31, 2017
with varying expiration dates through
2036.
 
Before the spin-off, the Company was included in consolidated U.S. Federal and Arizona corporate income tax returns filed by GHC, and also filed in various other state and local governmental jurisdictions. The U.S. Federal tax return filing is considered the only major tax jurisdiction.
 The statute of limitations has expired on all GHC consolidated U.S. Federal corporate income tax returns filed through
2013,
with the exception of an issue that does
not
involve the Company. The Internal Revenue Service (“IRS”) completed its examination of tax year
2013
and GHC received a refund check; however, the statute of limitations for tax year
2013
was extended through
July 31, 2018.
 
The Company endeavors to comply with tax laws and regulations where it does business, but cannot guarantee that, if challenged, the Company
’s interpretation of all relevant tax laws and regulations will prevail and that all tax benefits recorded in the consolidated financial statements will ultimately be recognized in full. The Company has taken reasonable efforts to address uncertain tax positions and has determined that there are
no
material transactions and
no
material tax positions taken by the Company that would fail to meet the more-likely-than-
not
threshold for recognizing transactions or tax positions in the consolidated financial statements. Accordingly, the Company has
not
recorded a reserve for uncertain tax positions in the consolidated financial statements, and the Company does
not
expect any significant tax increase or decrease to occur within the next
12
months with respect to any transactions or tax positions taken and reflected in the consolidated financial statements. In making these determinations, the Company presumes that taxing authorities pursuing examinations of the Company’s compliance with tax law filing requirements will have full knowledge of all relevant information, and, if necessary, the Company will pursue resolution of disputed tax positions by appeals or litigation. The Company classifies interest and penalties, if applicable, associated with any uncertain tax positions as a component of Interest expense in its Consolidated Statements of Operations and Comprehensive Income.
 
The prior year amounts above have been revised from previously reported amounts. Refer to Note
2
for further discussion.