Entity information:

NOTE 13—INCOME TAXES

 

Income Tax Expense

 

The Company calculates its provision for federal and state income taxes based on current tax law. The reported tax provision differs from the amounts currently receivable or payable because some income and expense items are recognized in different time periods for financial reporting purposes than for income tax purposes. The following is a summary of income tax expense for the years ended December 31, 2017, 2016, and 2015:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For the year ended December 31, 

 

(in thousands)

   

2017

    

2016

    

2015

 

Current

 

 

 

 

 

 

 

 

 

 

Federal

 

$

45,726

 

$

28,699

 

$

29,117

 

State

 

 

7,062

 

 

5,176

 

 

5,325

 

Total current expense

 

$

52,788

 

$

33,875

 

$

34,442

 

 

 

 

 

 

 

 

 

 

 

 

Deferred

 

 

 

 

 

 

 

 

 

 

Federal

 

$

25,055

 

$

32,159

 

$

14,571

 

State

 

 

2,297

 

 

5,436

 

 

2,348

 

Revaluation of deferred tax liabilities, net

 

 

(58,313)

 

 

 —

 

 

 —

 

Total deferred expense (benefit)

 

$

(30,961)

 

$

37,595

 

$

16,919

 

 

 

 

 

 

 

 

 

 

 

 

Items credited directly to stockholders' equity

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 —

 

$

 —

 

$

1,218

 

State

 

 

 —

 

 

 —

 

 

192

 

Total credits to stockholders' equity

 

$

 —

 

$

 —

 

$

1,410

 

Income tax expense

 

$

21,827

 

$

71,470

 

$

52,771

 

 

In 2016, the Company adopted a new accounting standard that requires excess tax benefits from stock compensation to be recorded as a reduction to income tax expense instead of being recorded directly to equity. Excess tax benefits recognized for the years ended December 31, 2017 and 2016 reduced income tax expense by $9.5 million and $0.6 million, respectively. In the reconciliation of income tax expense presented below, the reduction of income tax expense from excess tax benefits recognized is included as a component of the “Other” line item.

 

In December 2017, the Tax Cuts and Jobs Act (“Tax Reform”) was enacted. The Tax Reform significantly reduced the Federal income tax rate from 35.0% to 21.0%. GAAP requires an entity to account for the impact of a tax law change in the period of enactment. Accordingly, the Company revalued its deferred tax assets and deferred tax liabilities using the new Federal income tax rate of 21.0%, which is the rate at which the Company expects the deferred assets and liabilities to reverse in the future. Deferred tax assets decreased as the future benefit from these assets will be less than previously expected, resulting in an increase to deferred tax expense. Deferred tax liabilities also decreased as the future payment of taxes from these liabilities will be less than previously expected, resulting in a decrease to deferred tax expense. As the Company had more deferred tax liabilities than deferred tax assets as of December 31, 2017, the impact of Tax Reform on deferred tax expense was an overall significant decrease in deferred tax expense as shown above.

 

A reconciliation of the statutory federal tax expense to the income tax expense in the accompanying statements of income follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For the year ended December 31, 

 

(in thousands)

    

2017

  

2016

    

2015

 

Statutory federal expense (35%)

 

$

81,781

 

$

65,023

 

$

47,378

 

Statutory state income tax expense, net of federal tax benefit

 

 

7,594

 

 

6,714

 

 

4,611

 

Revaluation of deferred tax liabilities, net

 

 

(58,313)

 

 

 —

 

 

 —

 

Other

 

 

(9,235)

 

 

(267)

 

 

782

 

Income tax expense

 

$

21,827

 

$

71,470

 

$

52,771

 

 

Deferred Tax Assets/Liabilities

 

The tax effects of temporary differences between reported earnings and taxable earnings consisted of the following:  

 

 

 

 

 

 

 

 

 

 

 

As of December 31, 

 

(in thousands)

    

2017

    

2016

 

Deferred Tax Assets

 

 

 

 

 

 

 

Compensation related

 

$

14,320

 

$

17,341

 

Credit losses

 

 

959

 

 

1,269

 

Other

 

 

149

 

 

407

 

Total deferred tax assets

 

$

15,428

 

$

19,017

 

 

 

 

 

 

 

 

 

Deferred Tax Liabilities

 

 

 

 

 

 

 

Mark-to-market of derivatives and loans held for sale

 

$

(4,389)

 

$

(19,934)

 

Mortgage servicing rights related

 

 

(115,239)

 

 

(135,519)

 

Acquisition related (1)

 

 

(2,323)

 

 

(722)

 

Depreciation

 

 

(1,536)

 

 

(1,862)

 

Total deferred tax liabilities

 

$

(123,487)

 

$

(158,037)

 

Deferred tax liabilities, net

 

$

(108,059)

 

$

(139,020)

 


(1)

Acquisition-related deferred tax liabilities consist of book-to-tax differences associated with basis step ups related to the amortization of goodwill recorded from acquisitions, acquisition-related costs capitalized for tax purposes, and book-to-tax differences in intangible asset amortization.


The Company believes it is more likely than not that it will generate sufficient taxable income in future periods to realize the deferred tax assets, even after consideration of Tax Reform. The significant decrease in the deferred tax liabilities, net shown above is related to the revaluation of the Company’s deferred tax assets and deferred tax liabilities from the enactment of Tax Reform.

 

Tax Uncertainties

 

The Company periodically assesses its liabilities and contingencies for all periods open to examination by tax authorities based on the latest available information. Where the Company believes it is more likely than not that a tax position will not be sustained, management records its best estimate of the resulting tax liability, including interest, in the consolidated financial statements. As of December 31, 2017, based on all known facts and circumstances and current tax law, management believes that there are no tax positions for which it is reasonably possible that the unrecognized tax benefits will significantly increase or decrease over the next 12 months, producing, individually or in the aggregate, a material effect on the Company’s results of operations, financial condition, or cash flows.