Components of income tax expense (benefit) from operations were as follows:
| (In thousands) | | | | | | | | | |
| | | | | | | | | | | | | |
| Current tax expense | | | | | | | | | | | | |
| Federal | | $ | 12,622 | | | $ | 14,270 | | | $ | 15,478 | |
| State | | | 546 | | | | 698 | | | | 608 | |
| Total current tax expense | | | 13,168 | | | | 14,968 | | | | 16,086 | |
| | | | | | | | | | | | | |
| Deferred tax expense (benefit) | | | | | | | | | | | | |
| Federal | | | 3,783 | | | | 192 | | | | 748 | |
| State | | | (4 | ) | | | 36 | | | | 54 | |
| Total deferred tax expense (benefit) | | | 3,779 | | | | 228 | | | | 802 | |
| Change in valuation allowance | | | 192 | | | | 48 | | | | 45 | |
| Total income tax expense | | $ | 17,139 | | | $ | 15,244 | | | $ | 16,933 | |
Components of income tax
(benefit) expense recorded directly to stockholders’ equity were as follows:
| (In thousands) | | | | | | | | | |
| Unrealized (loss) gain on securities available for sale | | $ | (531 | ) | | $ | (1,171 | ) | | $ | (839 | ) |
| Reclassification adjustment for securities losses realized in income | | | 81 | | | | – | | | | – | |
| Reclassification adjustment for securities impairment realized in income | | | – | | | | – | | | | 36 | |
| Unrealized (loss) gain on derivatives | | | 112 | | | | 24 | | | | (41 | ) |
| Minimum pension liability adjustment | | | (9 | ) | | | 1 | | | | 61 | |
| Compensation expense for tax purposes in excess of amounts recognized for financial reporting purposes | | | – | | | | (1,705 | ) | | | (673 | ) |
Total income tax (benefit) expense recorded directly to stockholders ’ equity | | $ | (347 | ) | | $ | (2,851 | ) | | $ | (1,456 | ) |
An analysis of the difference between the statutory and effective tax rates from operations follows:
| | | | |
| | | | | | | | | | |
| U.S. federal income tax rate | | | 35.0 | % | | | 35.0 | % | | | 35.0 | % |
| Tax credits | | | (14.4 | ) | | | (9.7 | ) | | | (2.5 | ) |
| Net deferred tax asset remeasurement | | | 10.8 | | | | – | | | | – | |
Amortization/impairment of investments in tax credit partnerships | | | 3.4 | | | | 2.8 | | | | 0.4 | |
| Stock based compensation | | | (2.6 | ) | | | – | | | | – | |
| Cash surrender value of life insurance | | | (1.5 | ) | | | (0.9 | ) | | | (0.8 | ) |
| Tax exempt interest income | | | (1.2 | ) | | | (1.2 | ) | | | (1.4 | ) |
| Other, net | | | 0.9 | | | | 0.3 | | | | (0.2 | ) |
| State income taxes | | | 0.7 | | | | 0.8 | | | | 0.8 | |
| Effective tax rate | | | 31.1 | % | | | 27.1 | % | | | 31.3 | % |
T
he increase in effective tax rate from
2016
to
2017
was the result of the
one
-time, non-cash charge resulting from the remeasurement of deferred taxes as a result of tax reform somewhat offset by higher utilization of tax credits during the year. The Tax Cuts and Jobs Act was enacted in
December 2017
requiring an immediate recalculation of Bancorp’s net deferred tax asset which resulted in
$5.9
million of additional income tax expense in the
fourth
quarter of
2017.
The effective tax rate in
2017
was also reduced by the adoption of ASU
2016
-
09
“Compensation – Stock Compensation Improvements to Employee Share-Based Payment Accounting”. The new standard requires excess tax benefits and deficiencies related to share-based payment awards to be reflected in the statement of operations as a component of the provision for income taxes. For
2017
Bancorp recorded a benefit of
$1.5
million for such excess benefits against the provision for income tax expense. Prior to adoption of ASU
2016
-
09,
these tax benefits were recorded directly to additional paid-in capital. Tax benefits recorded to capital for
2016
and
2015
were
$1.7
million and
$673
thousand, respectively.
The decrease in the effective tax rate from
2015
to
2016
was largely the result of higher utilization of tax credits in
2016.
Bancorp invests in certain partnerships that yield federal income tax credits. The tax benefit of these investments exceeds the amortization and impairment expense associated with them, resulting in a positive impact on income.
I
n
December 2017,
the U.S. Securities and Exchange Commission (“SEC”) released Staff Accounting Bulletin
No.
118
(“SAB
118”
) to address any uncertainty or diversity of views in practice in accounting for the income tax effects of tax reform in situations where a registrant does
not
have the necessary information available, prepared or analyzed in reasonable detail to complete this accounting in the reporting period that includes the enactment date. SAB
118
allows a measurement period
not
to extend beyond
one
year from the tax reform’s enactment date to complete the necessary accounting.
In
two
areas, Bancorp recorded provisional amounts of deferred taxes where the information was
not
available to complete the accounting:
1
) the Company
’s deferred tax assets of
$565
thousand for temporary differences in certain tax credit investments is awaiting receipt of Schedule K-
1s
from outside preparers.
2
) Bancorp estimated that
no
reductions are required to deferred tax assets included in the
$19
thousand of future deductions for compensation that might be subject to new limitations under Code Sec.
162
(m) which, generally, limits to
$1
million annual deductions for certain compensation paid to certain executives. There is uncertainty in applying new rules to existing contracts, and Bancorp is seeking clarification before finalizing its analysis. In a
third
area, the Company recorded
no
provisional amounts to its deferred tax liability for temporary differences between the tax and financial reporting bases of certain property and equipment items. These cannot be reasonably estimated. Bancorp’s deferred tax liability of
$541
thousand for temporary differences between the tax and financial reporting bases of fixed assets is awaiting completion of a cost segregation study to take advantage of additional depreciation deductions available through tax reform. Bancorp will complete and record income tax effects of tax reform during the period the necessary information becomes available. This measurement period will
not
extend beyond
December 22, 2018.
The effects of temporary differences that gave rise to significant portions of deferred tax assets and deferred tax liabilities follows:
| | | | |
| (In thousands) | | | | | | |
| Allowance for loan loss | | $ | 5,422 | | | $ | 8,581 | |
| Deferred compensation | | | 4,148 | | | | 5,589 | |
| Accrued expenses | | | 798 | | | | 1,360 | |
| Investments in partnerships | | | 565 | | | | 905 | |
| Write-downs and costs associated with other real estate owned | | | 39 | | | | 29 | |
| Loans | | | 442 | | | | 685 | |
| Other-than-temporary impairment | | | – | | | | 37 | |
| Securities | | | 121 | | | | – | |
| Other assets | | | 186 | | | | 185 | |
| Total deferred tax assets | | | 11,721 | | | | 17,371 | |
| | | | | | | | | |
| Securities | | | – | | | | 438 | |
| Property and equipment | | | 764 | | | | 1,409 | |
| Loan costs | | | 588 | | | | 923 | |
| Mortgage servicing rights | | | 161 | | | | 280 | |
| Leases | | | 149 | | | | 381 | |
| Core deposit intangible | | | 267 | | | | 502 | |
| Other liabilities | | | 260 | | | | 408 | |
| Total deferred tax liabilities | | | 2,189 | | | | 4,341 | |
| Valuation allowance | | | (326 | ) | | | (134 | ) |
| | | | | | | | | |
| Net deferred tax asset | | $ | 9,206 | | | $ | 12,896 | |
A valuation allowance is recognized for a deferred tax asset if, based on the weight of available evidence, it is more-likely-than-
not
that some portion of the entire deferred tax asset will
not
be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. 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 projection for future taxable income over the periods which the temporary differences resulting in the remaining deferred tax assets are deductible, management believes it is more-likely-than-
not
that Bancorp will realize the benefits of these deductible differences, net of the valuation allowance, at
December 31,
201
Realization of deferred tax assets associated with the investment in tax credit partnerships is dependent upon generating sufficient taxable capital gain income prior to their expiration. A valuation allowance
of
$326
thousand and
$134
thousand to reflect management’s estimate of the temporary deductible differences that
may
expire prior to their utilization has been recorded as of
December 31, 2017
and
2016,
respectively.
US GAAP provides guidance on financial statement recognition and measurement of tax positions taken, or expected to be taken, in tax returns. As
December 31, 2017
and
2016,
the gross amount of unrecognized tax benefits, including penalties and interest, was
$40
thousand. If recognized, tax benefits would reduce tax expense and accordingly, increase net income. The amount of unrecognized tax benefits
may
increase or decrease in the future for various reasons including adding amounts for current year tax positions, expiration of open income tax returns due to statutes of limitation, changes in management’s judgment about the level of uncertainty, status of examination, litigation and legislative activity and addition or elimination of uncertain tax positions. Federal and state income tax returns are subject to examination for the years after
2013.
A reconciliation of the amount of unrecognized tax benefits follows:
| (In thousands) | | | | | | |
| Balance as of January 1 | | $ | 40 | | | $ | 40 | |
| Increases - current year tax positions | | | 11 | | | | 11 | |
| Increases - prior year tax positions | | | – | | | | – | |
| Settlements | | | – | | | | – | |
| Lapse of statute of limitations | | | (11 | ) | | | (11 | ) |
| Balance as of December 31 | | $ | 40 | | | $ | 40 | |