7. Income Tax Provision
The shareholders previously consented to elections for certain entities in the Company to be treated as S Corporations under Internal Revenue Code Section 1362(a). As a result of these elections, federal income taxes prior to June 25, 2014 are recorded only for State National Intermediate Holdings, Inc. (“SNIH”), State National Insurance Company, Inc. (“SNIC”), National Specialty Insurance Company (“NSIC”) and United Specialty Insurance Company (“USIC”), as they remained C Corporations and filed a consolidated federal income tax return. On June 25, 2014, the Company completed a private placement of common stock which resulted in termination of its S Corporation status. As a result, the Company is taxed as a C Corporation and filed a consolidated short period federal income tax return with its subsidiaries for the period June 26 through December 31, 2014. Income for the Company’s pass-through entities was taxed (for federal purposes) to the individual owners during the short period January 1 through June 25, 2014. The Company recorded a net deferred income tax benefit of $19.3 million related to this change in tax status.
The components of income tax expense for the years ended December 31 are as follows:
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2016 |
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($ in thousands) |
|
Federal |
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State |
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Total |
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Federal and state income tax expense (benefit) |
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|
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Current |
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$ |
28,457 |
|
$ |
1,626 |
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$ |
30,083 |
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Deferred |
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|
(2,431) |
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|
84 |
|
|
(2,347) |
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|
Total income tax expense (benefit) |
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$ |
26,026 |
|
$ |
1,710 |
|
$ |
27,736 |
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|
2015 |
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($ in thousands) |
|
Federal |
|
State |
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Total |
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Federal and state income tax expense (benefit) |
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|
|
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Current |
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$ |
24,019 |
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$ |
1,722 |
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$ |
25,741 |
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Deferred |
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|
(794) |
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|
(59) |
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|
(853) |
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Total income tax expense (benefit) |
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$ |
23,225 |
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$ |
1,663 |
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$ |
24,888 |
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2014 |
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($ in thousands) |
|
Federal |
|
State |
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Total |
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Federal and state income tax expense (benefit) |
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|
|
|
|
|
|
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Current |
|
$ |
10,827 |
|
$ |
687 |
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$ |
11,514 |
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Deferred |
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|
(21,156) |
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|
(54) |
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|
(21,210) |
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Total income tax expense (benefit) |
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$ |
(10,329) |
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$ |
633 |
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$ |
(9,696) |
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Deferred income taxes reflect the effect of temporary differences between the financial statement carrying amounts and the tax bases of assets and liabilities. The components of the net deferred income tax asset are as follows at December 31:
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($ in thousands) |
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2016 |
|
2015 |
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Deferred income tax assets: |
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Allowance for policy cancellations |
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$ |
23,246 |
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$ |
20,864 |
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Unpaid losses and loss adjustment expenses |
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|
182 |
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|
156 |
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Deferred ceding fees |
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11,279 |
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10,192 |
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Management fee |
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37 |
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|
111 |
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Compensation |
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4,117 |
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3,638 |
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Intangible assets |
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514 |
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376 |
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Unrealized losses on equity securities |
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123 |
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31 |
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Unrealized losses on fixed maturities and other investment securities |
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1,261 |
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1,305 |
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Write-down of other-than-temporarily impaired investment securities |
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111 |
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|
249 |
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Other |
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33 |
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|
116 |
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Total deferred income tax assets |
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40,903 |
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|
37,038 |
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Deferred income tax liabilities: |
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Unearned premiums |
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8,412 |
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7,522 |
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Unrealized gains on equity securities |
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|
107 |
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|
292 |
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Unrealized gains on fixed maturities and other investment securities |
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2,001 |
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|
1,920 |
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Deferred acquisition costs |
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|
418 |
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|
376 |
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Fixed assets |
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|
131 |
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|
302 |
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Other |
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|
976 |
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|
418 |
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Total deferred income tax liabilities |
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12,045 |
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|
10,830 |
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Net deferred income tax asset |
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$ |
28,858 |
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$ |
26,208 |
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No valuation allowance was recorded at December 31, 2016 and 2015, as the temporary differences disclosed above relate to deferred income tax assets that are more-likely-than-not to be realized in future years.
In the second quarter of 2014, the Company revised its provision for income taxes to reflect a change in the federal statutory rate from 34.3% to 35.0%, effective January 1, 2014. A reconciliation of federal income tax expense computed by applying the federal statutory tax rate to income before federal income tax expense for the periods ended December 31 follows:
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2016 |
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2015 |
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2014 |
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Effective |
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Effective |
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Effective |
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($ in thousands) |
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Amount |
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Tax Rate |
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Amount |
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Tax Rate |
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Amount |
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Tax Rate |
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Expected tax expense (benefit) |
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$ |
26,885 |
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35.0 |
% |
$ |
24,344 |
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35.0 |
% |
$ |
461 |
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35.0 |
% |
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Exclusion of Subchapter S income |
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— |
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— |
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— |
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— |
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8,465 |
|
643.0 |
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Change in tax status |
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— |
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— |
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— |
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— |
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(19,316) |
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(1,467.2) |
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Change in federal statutory rate |
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— |
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— |
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— |
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— |
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(75) |
|
(5.7) |
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Accrual/adjustment prior year |
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|
— |
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— |
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(175) |
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(0.2) |
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|
174 |
|
13.2 |
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Tax-exempt income |
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|
(379) |
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(0.5) |
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(432) |
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(0.6) |
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(304) |
|
(23.1) |
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State income taxes |
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|
1,140 |
|
1.5 |
|
|
1,060 |
|
1.5 |
|
|
826 |
|
62.8 |
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Meals and entertainment |
|
|
109 |
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0.1 |
|
|
94 |
|
0.1 |
|
|
61 |
|
4.6 |
|
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Other |
|
|
(19) |
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— |
|
|
(3) |
|
— |
|
|
12 |
|
0.8 |
|
|
Total income tax expense (benefit) |
|
$ |
27,736 |
|
36.1 |
% |
$ |
24,888 |
|
35.8 |
% |
$ |
(9,696) |
|
(736.6) |
% |
The Company recognizes interest and penalties related to uncertain tax positions in general and administrative expenses. There were no uncertain tax positions at December 31, 2016.
The Company had no net operating loss or capital loss carry-forwards at December 31, 2016.
As of December 31, 2016, the Company’s U.S. federal income tax returns for tax years that ended December 31, 2013 through December 31, 2015, remain open under the normal three year statute of limitations and, therefore, are subject to examination by the Internal Revenue Service.