Entity information:

NOTE 13 – INCOME TAXES

 

The components of income tax expense (benefit) are as follows for the years ended December 31, 2017 and 2016:

 

 

 

 

 

 

 

 

 

 

    

2017

    

2016

 

Current income tax expense:

 

 

 

 

 

 

 

Federal

 

$

2,289,816

 

$

721,291

 

State

 

 

680,330

 

 

221,520

 

Total current tax benefit

 

 

2,970,146

 

 

942,811

 

 

 

 

 

 

 

 

 

Deferred income tax expense (benefit):

 

 

 

 

 

 

 

Federal

 

 

973,618

 

 

59,820

 

State

 

 

56,815

 

 

(1,035)

 

Total deferred tax expense

 

 

1,030,433

 

 

58,785

 

 

 

 

 

 

 

 

 

Total income tax expense (benefit)

 

$

4,000,579

 

$

1,001,596

 

 

The income tax expense component table above for 2016 does not include $25,802 of income tax expense related to discontinued operations.

 

The differences between the statutory federal income tax rate of 34% and the effective tax rate for the Company are reconciled as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Years Ended December 31, 

 

 

 

2017

 

2016

 

 

 

 

 

    

Percentage of

    

 

 

    

Percentage of

 

 

 

Amount

 

Pretax Income

 

Amount

 

Pretax Income

 

Income tax expense at federal statutory rate

 

$

3,006,302

 

34

%  

$

923,881

 

34

%

Increase (decrease) resulting from:

 

 

 

 

 

 

 

 

 

 

 

Tax exempt income

 

 

(10,040)

 

(0.1)

%  

 

(13,029)

 

(0.5)

%

Bank owned life insurance

 

 

(161,857)

 

(1.8)

%  

 

(40,103)

 

(1.5)

%

State income taxes, net of federal income tax benefit

 

 

486,516

 

5.5

%  

 

145,520

 

5.4

%

Incentive stock options

 

 

(115,286)

 

(1.3)

%  

 

(4,754)

 

(0.2)

%

Nondeductible expenses

 

 

78,381

 

0.8

%  

 

(9,919)

 

(0.3)

%

Write-down of deferred tax assets

 

 

625,217

 

7.1

%  

 

 —

 

 —

%  

Nondeductible merger costs

 

 

91,346

 

1.0

%  

 

 —

 

 —

%  

Total income tax expense and effective tax rate

 

$

4,000,579

 

45.2

%  

$

1,001,596

 

36.9

%

 

Deferred tax assets and liabilities resulting from the tax effects of temporary differences between the carrying amount of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes at December 31, 2017 and 2016 are as follows:

 

 

 

 

 

 

 

 

 

 

    

2017

    

2016

 

Deferred tax assets

 

 

 

 

 

 

 

Bad debts

 

$

1,143,744

 

$

1,113,593

 

Equity security impairment loss

 

 

141,863

 

 

179,692

 

Net unrealized losses on available for sale securities

 

 

37,851

 

 

97,723

 

Deferred compensation

 

 

100,765

 

 

161,346

 

Nonaccrual loan interest income

 

 

156,894

 

 

227,816

 

Stock based compensation plans

 

 

84,349

 

 

95,687

 

Accrued pension expense

 

 

273,834

 

 

410,097

 

Real estate acquired through foreclosure

 

 

79,698

 

 

169,298

 

Purchase accounting adjustment - loans

 

 

310,848

 

 

1,123,763

 

AMT credit carryforwards

 

 

176,049

 

 

169,796

 

NOL carryforwards

 

 

544,334

 

 

709,539

 

Subtotal

 

 

3,050,229

 

 

4,458,350

 

Less: Valuation allowance

 

 

(146,354)

 

 

(90,528)

 

Total deferred tax assets

 

 

2,903,875

 

 

4,367,822

 

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Core deposit intangibles

 

 

616,702

 

 

1,195,305

 

Depreciation and amortization

 

 

21,565

 

 

12,730

 

Deferred loan fees and costs

 

 

228,814

 

 

 —

 

Net unrealized gain on pension plan assets

 

 

175,675

 

 

151,544

 

Other

 

 

54,767

 

 

23,525

 

Total deferred tax liabilities

 

 

1,097,523

 

 

1,383,104

 

Net Deferred Tax Asset

 

$

1,806,352

 

$

2,984,718

 

 

 

 

 

 

 

 

 

 

The bargain purchase gain recognized in 2016 was the result of the Hopkins Merger, which was an all cash merger that was treated as an asset purchase and, thus, a taxable transaction. Therefore, there was no impact from the Hopkins Merger on the effective tax rate for 2016.

 

At December 31, 2017 and 2016, the Company had federal net operating loss carryforwards of $0.9 million and $1.2 million, respectively, which begin to expire in 2033. As a result of the Jefferson Merger, $0.8 million of these net operating losses are subject to an annual limitation of $0.35 million. At December 31, 2017 and 2016, the Company had state net operating loss carryforwards of $5.5 million and $5.3 million, respectively, which begin to expire in 2033. At December 31, 2017, there was a valuation allowance of approximately $146,000 and $91,000 respectively, established against the corresponding deferred tax assets and state net operating losses that are not deemed to be more likely than not to be realized.

 

Realization of deferred tax assets is dependent upon the generation of sufficient future taxable income during the periods in which existing deferred tax assets are expected to become deductible for income tax purposes. Management has determined that the Company is more likely than not to realize existing net deferred tax assets at December 31, 2017, with the exception of the items noted above.

 

At December 31, 2017 and 2016, the Company did not have any unrecognized tax benefits. A tax position is recognized as a benefit only if it is “more likely than not” that the tax position would be sustained in a tax examination, with a tax examination being presumed to occur. The amount recognized is the largest amount of tax benefit that is greater than 50% likely to be realized upon examination. For tax positions not meeting the “more likely than not” test, no tax benefit is recorded.  The Company does not expect the total amount of unrecognized tax benefits to significantly increase or decrease in the next 12 months.

 

The Company and its subsidiaries are subject to U.S. federal income tax, as well as income tax by the State of Maryland. In 2016 the Company concluded its audit by the Internal Revenue Service for the 2011 and 2013 tax years. The result of the audits produced no changes to the tax liability for either year. The Company is no longer subject to examination by taxing authorities in these jurisdictions for the years before 2013.

 

The Tax Cuts and Jobs Act (the “Tax Act”) was enacted on December 22, 2017. The Tax Act reduces the maximum U.S. federal corporate tax rate from 35% to 21%. At December 31, 2017, the Company completed its accounting estimates for the tax effects of enactment of the Tax Act which were provisional and will be trued up through the filing of the Company’s 2017 tax return.

 

As described below, the Company has made a reasonable estimate of the effects on our existing deferred

tax balances as of December 31, 2017. The Company revalued all of its deferred tax assets and liabilities based

on the rates at which they are expected to reverse in the future. The Company recognized a tax expense of $625,000 in the Company’s tax provision for the year ended December 31, 2017 related to adjusting its net deferred tax balance to reflect the new corporate tax rate.

 

A reconciliation of income tax provision for the year ended December 31, 2017 is as follows:

 

 

 

 

 

Income tax expense at the companies 34% rate

 

$

3,006,302

See reconciliation of federal tax rate to effective tax rate above

 

 

369,060

Income tax expense due to re-measurement of net deferred tax assets

 

 

625,217

Total Income Tax Provision/Benefit

 

$

4,000,579