8. Income Taxes
A summary of income tax expense is as follows:
| Year Ended December 31, | ||||||||
| 2017 | 2016 | |||||||
| Current income tax expense | $ | 795 | $ | 20 | ||||
| Deferred income tax expense | 403 | 88 | ||||||
| Total income tax expense | $ | 1,198 | $ | 108 | ||||
Actual income tax expense differs from the income tax expense computed by applying the applicable effective federal and state tax rates to income before income tax expense as follows:
| Year Ended December 31, | ||||||||||||||||
| 2017 | 2016 | |||||||||||||||
| $ | % | $ | % | |||||||||||||
| Provision for taxes at U.S. statutory marginal income tax rate of 34% | $ | 507 | 34.0 | % | $ | 40 | 34.0 | % | ||||||||
| Impact of tax reform | 469 | 31.4 | % | - | - | % | ||||||||||
| Nondeductible expenses | 15 | 1.0 | % | 15 | 12.4 | % | ||||||||||
| State tax (net of federal benefit) | 207 | 13.9 | % | 53 | 44.4 | % | ||||||||||
| Income tax expense | $ | 1,198 | 80.3 | % | $ | 108 | 90.8 | % | ||||||||
Deferred income taxes reflect the net tax effects of temporary differences between carrying amounts of assets and liabilities for financial reporting purposes as compared to the amounts used for income tax purposes. Significant components of the Company’s net deferred tax assets are as follows:
| As of December 31, | ||||||||
| 2017 | 2016 | |||||||
| Deferred income tax assets: | ||||||||
| Loss and loss adjustment expense reserves | $ | 28 | $ | 35 | ||||
| Unearned premium reserves | 1,576 | 1,503 | ||||||
| Net operating loss carryforwards | - | 235 | ||||||
| Share-based compensation | 229 | 316 | ||||||
| Other | 240 | 270 | ||||||
| Deferred income tax assets | $ | 2,073 | $ | 2,359 | ||||
| Deferred income tax liabilities: | ||||||||
| Deferred policy acquisition costs | $ | 1,425 | $ | 1,492 | ||||
| State deferred taxes | 543 | 397 | ||||||
| Other | 35 | 50 | ||||||
| Deferred income tax liabilities | $ | 2,003 | $ | 1,939 | ||||
| Net deferred income tax assets | $ | 70 | $ | 420 | ||||
The Company has recorded a net deferred tax asset of $70 and $420 as of December 31, 2017 and 2016, respectively. The Company’s net deferred tax assets were impacted by the passage of the Tax Cuts and Jobs Act on December 22, 2017, which reduced the corporate federal income tax rate from 34% to 21% and required us to reduce the value of our net deferred tax assets to reflect this new rate, resulting in a charge of $469 to income tax expense for the year ended December 31, 2017. Realization of net deferred tax asset is dependent on generating sufficient taxable income in future periods. Management believes that it is more likely than not that the deferred tax assets will be realized and as such no valuation allowance has been recorded against the net deferred tax asset. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income and tax planning strategies in making this assessment. As of December 31, 2017, based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not that the Company will realize the benefits of these deductible differences. When assessing the need for valuation allowances, the Company considers future taxable income and ongoing prudent and feasible tax planning strategies. Should a change in circumstances lead to a change in judgment about the ability to realize the deferred tax assets in future years, the Company would record valuation allowances as deemed appropriate in the period that the change in circumstances occurs, along with a corresponding charge to net income. The resolution of tax reserves and changes in valuation allowances could be material to the Company’s results of operations for any period, but is not expected to be material to the Company’s financial position.
Based upon the results of the Company’s analysis and the application of ASC 740-10, management has determined that all material tax positions meet the recognition threshold and can be considered as highly certain tax positions. This is based on clear and unambiguous tax law, and the Company is confident that the full amount of each tax position will be sustained upon possible examination. Accordingly, the full amount of the tax positions is anticipated to be recognized in the financial statements.
The Company files federal income tax returns as well as multiple state and local tax returns. The Company’s consolidated federal and state income tax returns for the years 2013 - 2016 are open for review by the Internal Revenue Service (“IRS”) and the various state taxing authorities.