NOTE 15 — INCOME TAX

Income tax expense was as follows:;

 

Effective tax rates differ from the federal statutory rate of 35% applied to income before income taxes due to the following:

 

The components of the net deferred tax asset (liability) are as follows:

 

As of December 31, 2017, the Company had $3,363 of alternative minimum tax credit carryforwards, which under current tax law have no expiration period. The Company had general business credit carryforwards of $175 that begin to expire in 2033.

The Company has an Indiana state operating loss carryforward of $92,046, which begins to expire in 2022. The Company maintains a valuation allowance to reduce these carryforward items and other Indiana deferred tax assets to the amount expected to be realized.

A valuation allowance for deferred tax assets is recorded when it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of the deferred tax assets depends on the ability of the Company to generate sufficient taxable income of the appropriate character in the future and in the appropriate taxing jurisdictions. At December 31, 2017, the largest component of deferred tax assets is associated with the allowance for loan losses. The Company considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. With the exception of the deferred tax asset associated with the Company’s Indiana state operating loss carryforward and all Indiana deferred tax activity since 2004, no valuation allowance for deferred tax assets was considered necessary at December 31, 2017 or 2016.

Retained earnings of the Bank include approximately $16,112 for which no deferred income tax liability has been recognized. This amount represents an allocation of previously acquired institutions to bad debt deductions as of December 31, 1987 for tax purposes only. Reduction of amounts so allocated for purposes other than tax bad debt losses including redemption of bank stock or excess dividends, or loss of “bank” status would create income for tax purposes only, which would be subject to the then‑current corporate income tax rate. The unrecorded deferred income tax liability on the above amount for the Company was approximately $3,384 at December 31, 2017 and $5,639 at December 31, 2016.

Unrecognized Tax Benefits

The Company does not have any unrecognized tax benefits during any periods presented and does not expect this to significantly change in the next twelve months.

There were no interest and penalties recorded in the income statement during any period and no amounts accrued for interest and penalties at December 31, 2017, or 2016.

The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of the states of Indiana and Illinois. The Company is no longer subject to examination by taxing authorities for years before 2014.

Tax Cuts & Jobs Act

On December 22, 2017, H.R. 1, commonly known as the Tax Cuts and Jobs Act (the “Act”) was signed into law.  Among other things, the Act reduces the corporate federal tax rate from 35% to 21% effective January 1, 2018 as well as repealing the alternative minimum tax.  As a result we are required to re-measure, through income tax expense, our deferred tax assets and liabilities using the enacted rate at which we expect them to be recovered or settled.  The re-measurement of our deferred tax asset and liabilities resulted in additional income tax benefit of $2,505 in 2017.