Entity information:
15.
INCOME TAXES
 
On
December 22, 2017,
H.R.
1,
originally know
n as the Tax Cuts and Jobs Act, (“TCJA”) was enacted. The TCJA provides for sweeping changes in United States tax rates and tax provisions which will affect the Company as of
December 31, 2017
and for periods beginning after
January 1, 2018.
Effective for years beginning after
December 31, 2017,
the maximum corporate tax rate will decrease to a flat rate of
21%.
This decrease in the tax rate resulted in the remeasurement of existing deferred tax assets and liabilities as of the enactment date and resulted in a decrease to existing net deferred tax assets of
$3,851.
In addition, the TCJA provides for existing Federal AMT tax credits to be refunded from
2018
through
2021.
Accordingly, the Company has reclassified existing AMT tax credits of
$8,913
from non-current deferred tax assets to non-current long-term tax receivables. The federal AMT credits have been reduced by
$569
related to the applicable budget sequestration rate of
6.6%.
The Company has evaluated the TCJA and concluded that all information is available to complete the accounting for the effects of the tax reform.
 
The Company adopted ASU
2016
-
09
effective
January 1, 2017.
As required by ASU
2016
-
09,
the Company recorded a tax d
eficiency from share-based payments of
$67
in the provision for income taxes in the year ended
December 31, 2017,
which decreased net income by the same amount. A tax deficiency from share-based payments of
$47
in the year ended
December 31, 2016
was charged to additional paid-in capital in that period. ASU
2016
-
09
was adopted on a modified retrospective basis and the income tax provision reported for the years ended
December 31, 2016
and
2015
were
not
adjusted for this change. See Note
1
Summary of Significant Accounting Policies
” for additional information.
 
The Company adopted ASU
2018
-
02
effective
December 31, 2017.
As required by ASU
2018
-
02,
the Company reclassified
$425
from accumulated other comprehensive loss to accumulated deficit associated with certain stranded tax effects related to defined benefit pension plans and interest rate swaps remaining in accumulated other comprehensive loss. See Note
1
Summary of Significant Accounting Policies
.”
 
Consolidated
(loss) income before income tax was as follows:
 
   
2017
   
2016
   
2015
 
(Loss) income before income tax
  $
(3,646
)   $
3,752
    $
23,085
 
 
The income tax provision for the years ended
December 31,
201
7,
2016
and
2015
was comprised of the following:
 
   
2017
   
2016
   
2015
 
Current:
                       
Federal income tax
  $
(90
)   $
(276
)   $
4,320
 
State income tax
   
6
     
6
     
693
 
Total current (benefit) expense
   
(84
)    
(270
)    
5,013
 
Deferred:
                       
Federal, excluding operating loss carry forwards
   
2,772
     
1,680
     
69,774
 
State, excluding operating loss carry forwards
   
(169
)    
228
     
19,725
 
Change in valuation allowance
   
65
     
(139
)    
-
 
Tax benefit of operating loss carry forwards:
                       
Federal
   
-
     
-
     
(66,285
)
State
   
-
     
-
     
(18,027
)
Total deferred expense
   
2,668
     
1,769
     
5,187
 
Total income tax expense
  $
2,584
    $
1,499
    $
10,200
 
 
The following table provides a reconciliation of
income tax expense at the Federal statutory rate of
35%
to the recorded income tax expense for the years ended
December 31, 2017,
2016
and
2015,
respectively:
 
   
2017
   
2016
   
2015
 
Computed federal income taxes at the statutory rate
  $
(1,276
)   $
1,313
    $
8,080
 
Expense (benefit) in tax resulting from:
                       
State income taxes (net of Federal benefit)
   
(222
)    
229
     
1,408
 
Enacted rate change
   
3,851
     
-
     
-
 
Other
   
122
     
(209
)    
263
 
Stock-based compensation
   
44
     
27
     
449
 
Change in valuation allowance
   
65
     
139
     
-
 
Total income tax expense
  $
2,584
    $
1,499
    $
10,200
 
 
Income tax
expense was charged to the statement of comprehensive (loss) income and statement of stockholders’ equity (deficit) as follows:
 
Statement of comprehensive (loss) income:
                       
Income tax expense
  $
2,584
    $
1,499
    $
10,200
 
Other comprehensive income (loss), tax effect
  $
655
    $
128
    $
1,434
 
Statement of stockholders' equity (deficit):
                       
Additional paid-in capital:
                       
Excess tax expense (benefit) from
share-based payments
  $
-
    $
47
    $
(733
)
 
The Company accounts for income taxes under the asset-liability method. Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Valuation allowances are provided when it is “more likely than
not”
that the benefits of existing deferred tax assets will
not
be realized in a future period.
As of
December 31, 2017
and
2016,
the Company had valuation allowances on certain state net operating loss carryforwards of
$204
and
$139,
respectively. As of
December 31, 2017
and
2016,
the change in the valuation allowance was
$65
and
$139,
respectively. At
December 31, 2017,
it is more likely than
not
that the results of future operations will generate sufficient taxable income to realize existing deferred tax assets, other than the state net operating loss carryforwards noted above. Therefore,
no
additional valuation allowance is necessary.
 
Significant components of the Company
’s deferred tax assets and liabilities as of
December 31, 2017
and
2016,
respectively, are as follows:
 
Deferred tax assets:
               
Net operating loss carry forwards
  $
19,805
    $
26,429
 
Deferred GCI capacity revenue
   
10,016
     
15,340
 
Reserves and accruals
   
7,910
     
12,499
 
Intangibles and goodwill
   
1,033
     
1,620
 
Fair value on interest rate swaps
   
-
     
25
 
Pension liability
   
927
     
1,804
 
Allowance for doubtful accounts
   
775
     
458
 
Alternative minimum tax carry forward
   
-
     
9,380
 
Other
   
-
     
257
 
Total deferred tax assets
   
40,466
     
67,812
 
Valuation allowance
   
(204
)    
(139
)
Deferred tax assets after valuation allowance
   
40,262
     
67,673
 
Deferred tax liabilities:
               
Debt issuance costs
   
(5
)    
(933
)
Property, plant and equipment
   
(37,287
)    
(52,022
)
Fair value on interest rate swaps
   
(146
)    
-
 
Other
   
(26
)    
-
 
Total deferred tax liabilities
   
(37,464
)    
(52,955
)
Net deferred tax asset
  $
2,798
    $
14,718
 
 
As of
December
31,
2017,
the Company has available Federal and state alternative minimum tax credits of
$8,622
and
$1,089,
respectively, which are classified as non-current income tax receivables, net of the
$569
sequestration adjustment. As of
December 31, 2017,
the Company has available Federal and state net operating loss carry forwards of
$78,068
and
$55,717,
respectively, which have various expiration dates beginning in
2031
through
2037.
   
 
The Company files
consolidated income tax returns for Federal and state purposes in addition to separate tax returns of certain subsidiaries in multiple state jurisdictions. As of
December 31, 2017,
the Company is
not
under examination by any income tax jurisdiction. The Company is
no
longer subject to examination in the United States for years prior to
2014.
 
The Company accounts for income tax uncertainties using a threshold of “more-likely-than-
not”
in accordance with the provisions of ASC Topic
740,
“Income Taxes.” As of
December 31, 2017,
the Company has reviewed all of its tax filings and positions taken on its returns and has
not
identified any material current or future effect on its consolidated results of operations, cash flows or financial position. As such, the Company has
not
recorded any tax, penalties or interest on tax uncertainties. It is Company policy to record any interest on tax uncertainties as a component of income tax expense.