13. Income taxes
The components of income tax expense were as follows:
|
|
|
Year Ended December 31 |
|
|||||||||
|
|
|
2017 |
|
|
2016 |
|
|
2015 |
|
|||
|
|
|
(In thousands) |
|
|||||||||
|
Current |
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
363,043 |
|
|
$ |
428,750 |
|
|
$ |
130,349 |
|
|
State and local |
|
|
94,714 |
|
|
|
95,426 |
|
|
|
21,549 |
|
|
Total current |
|
|
457,757 |
|
|
|
524,176 |
|
|
|
151,898 |
|
|
Deferred |
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
|
367,308 |
|
|
|
147,662 |
|
|
|
324,317 |
|
|
State and local |
|
|
33,482 |
|
|
|
26,351 |
|
|
|
72,279 |
|
|
Total deferred |
|
|
400,790 |
|
|
|
174,013 |
|
|
|
396,596 |
|
|
Amortization of investments in qualified affordable housing projects |
|
|
57,009 |
|
|
|
45,095 |
|
|
|
46,531 |
|
|
Total income taxes applicable to pre-tax income |
|
$ |
915,556 |
|
|
$ |
743,284 |
|
|
$ |
595,025 |
|
The Company files a consolidated federal income tax return reflecting taxable income earned by all domestic subsidiaries. In prior years, applicable federal tax law allowed certain financial institutions the option of deducting as bad debt expense for tax purposes amounts in excess of actual losses. In accordance with GAAP, such financial institutions were not required to provide deferred income taxes on such excess. Recapture of the excess tax bad debt reserve established under the previously allowed method will result in taxable income if M&T Bank fails to maintain bank status as defined in the Internal Revenue Code or charges are made to the reserve for other than bad debt losses. At December 31, 2017, M&T Bank’s tax bad debt reserve for which no federal income taxes have been provided was $137,121,000. No actions are planned that would cause this reserve to become wholly or partially taxable.
Income taxes attributable to gains or losses on bank investment securities were an expense of $7,195,000 in 2017 and $11,925,000 in 2016. There were no significant gains or losses on bank investment securities in 2015. No alternative minimum tax expense was recognized in 2017, 2016 or 2015.
The Tax Cuts and Jobs Act (“Tax Act”) was signed into law on December 22, 2017, reducing the corporate Federal income tax rate from 35% to 21% effective January 1, 2018 and making other changes to U.S. corporate income tax laws. GAAP requires that the impact of the provisions of the Tax Act be accounted for in the period of enactment. Accordingly, the estimated incremental income tax expense recorded by the Company in the fourth quarter of 2017 related to the Tax Act was $85 million. That additional expense was largely attributable to the reduction in carrying value of net deferred tax assets reflecting lower future tax benefits resulting from the lower corporate income tax rate. During preparation of the Company’s 2017 income tax returns in 2018, additional adjustments related to enactment of the Tax Act may be identified. Any such adjustments are not expected to be material, but will be recognized in accordance with guidance contained in Staff Accounting Bulletin No. 118 from the U.S. Securities and Exchange Commission. The Company also adopted new accounting guidance for share-based transactions during the first quarter of 2017. That guidance requires that all excess tax benefits and tax deficiencies associated with share-based compensation be recognized as a component of income tax expense in the income statement. Previously, tax effects resulting from changes in M&T’s share price subsequent to the grant date were recorded through shareholders’ equity at the time of vesting or exercise. The adoption of the amended accounting guidance resulted in a $22 million reduction of income tax expense in 2017.
Total income taxes differed from the amount computed by applying the statutory federal income tax rate to pre-tax income as follows:
|
|
|
Year Ended December 31 |
|
|||||||||
|
|
|
2017 |
|
|
2016 |
|
|
2015 |
|
|||
|
|
|
(In thousands) |
|
|||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Income taxes at statutory federal income tax rate |
|
$ |
813,352 |
|
|
$ |
720,439 |
|
|
$ |
586,142 |
|
|
Increase (decrease) in taxes: |
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax-exempt income |
|
|
(40,778 |
) |
|
|
(35,364 |
) |
|
|
(33,102 |
) |
|
State and local income taxes, net of federal income tax effect |
|
|
83,327 |
|
|
|
79,155 |
|
|
|
60,988 |
|
|
Qualified affordable housing project federal tax credits, net |
|
|
(16,015 |
) |
|
|
(15,091 |
) |
|
|
(15,297 |
) |
|
Initial impact of enactment of Tax Act |
|
|
85,431 |
|
|
|
— |
|
|
|
— |
|
|
Other |
|
|
(9,761 |
) |
|
|
(5,855 |
) |
|
|
(3,706 |
) |
|
|
|
$ |
915,556 |
|
|
$ |
743,284 |
|
|
$ |
595,025 |
|
Deferred tax assets (liabilities) were comprised of the following at December 31:
|
|
|
2017 |
|
|
2016 |
|
|
2015 |
|
|||
|
|
|
(In thousands) |
|
|||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Losses on loans and other assets |
|
$ |
345,609 |
|
|
$ |
590,288 |
|
|
$ |
637,955 |
|
|
Retirement benefits |
|
|
45,322 |
|
|
|
143,067 |
|
|
|
148,722 |
|
|
Postretirement and other employee benefits |
|
|
26,009 |
|
|
|
52,512 |
|
|
|
55,962 |
|
|
Incentive and other compensation plans |
|
|
25,050 |
|
|
|
36,616 |
|
|
|
60,337 |
|
|
Interest on loans |
|
|
37,900 |
|
|
|
61,266 |
|
|
|
57,640 |
|
|
Stock-based compensation |
|
|
26,676 |
|
|
|
52,181 |
|
|
|
72,090 |
|
|
Unrealized losses |
|
|
— |
|
|
|
10,741 |
|
|
|
— |
|
|
Other |
|
|
66,247 |
|
|
|
106,876 |
|
|
|
162,086 |
|
|
Gross deferred tax assets |
|
|
572,813 |
|
|
|
1,053,547 |
|
|
|
1,194,792 |
|
|
Leasing transactions |
|
|
(181,159 |
) |
|
|
(266,268 |
) |
|
|
(285,074 |
) |
|
Unrealized gains |
|
|
(94,285 |
) |
|
|
— |
|
|
|
(31,121 |
) |
|
Capitalized servicing rights |
|
|
(51,781 |
) |
|
|
(71,108 |
) |
|
|
(59,171 |
) |
|
Depreciation and amortization |
|
|
(52,733 |
) |
|
|
(63,959 |
) |
|
|
(56,731 |
) |
|
Other |
|
|
(21,599 |
) |
|
|
(87,200 |
) |
|
|
(55,611 |
) |
|
Gross deferred tax liabilities |
|
|
(401,557 |
) |
|
|
(488,535 |
) |
|
|
(487,708 |
) |
|
Net deferred tax asset |
|
$ |
171,256 |
|
|
$ |
565,012 |
|
|
$ |
707,084 |
|
The Company believes that it is more likely than not that the deferred tax assets will be realized through taxable earnings or alternative tax strategies.
The income tax credits shown in the statement of income of M&T in note 25 arise principally from operating losses before dividends from subsidiaries.
A reconciliation of the beginning and ending amount of unrecognized tax benefits follows:
|
|
|
Federal, State and Local Tax |
|
|
Accrued Interest |
|
|
Unrecognized Income Tax Benefits |
|
|||
|
|
|
(In thousands) |
|
|||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Gross unrecognized tax benefits at January 1, 2015 |
|
$ |
10,712 |
|
|
$ |
3,869 |
|
|
$ |
14,581 |
|
|
Increases as a result of tax positions taken during 2015 |
|
|
8,108 |
|
|
|
— |
|
|
|
8,108 |
|
|
Increases as a result of tax positions taken in prior years |
|
|
— |
|
|
|
807 |
|
|
|
807 |
|
|
Decreases as a result of settlements with taxing authorities |
|
|
(1,515 |
) |
|
|
(274 |
) |
|
|
(1,789 |
) |
|
Unrealized tax benefits acquired in a business combination |
|
|
7,232 |
|
|
|
3,567 |
|
|
|
10,799 |
|
|
Gross unrecognized tax benefits at December 31, 2015 |
|
|
24,537 |
|
|
|
7,969 |
|
|
|
32,506 |
|
|
Increases as a result of tax positions taken during 2016 |
|
|
12,237 |
|
|
|
— |
|
|
|
12,237 |
|
|
Increases as a result of tax positions taken in prior years |
|
|
— |
|
|
|
656 |
|
|
|
656 |
|
|
Decreases as a result of tax positions in prior years |
|
|
(885 |
) |
|
|
(710 |
) |
|
|
(1,595 |
) |
|
Gross unrecognized tax benefits at December 31, 2016 |
|
|
35,889 |
|
|
|
7,915 |
|
|
|
43,804 |
|
|
Increases as a result of tax positions taken during 2017 |
|
|
13,019 |
|
|
|
— |
|
|
|
13,019 |
|
|
Increases as a result of tax positions taken in prior years |
|
|
— |
|
|
|
1,379 |
|
|
|
1,379 |
|
|
Decreases as a result of settlements with taxing authorities |
|
|
(332 |
) |
|
|
(168 |
) |
|
|
(500 |
) |
|
Decreases as a result of tax positions taken in prior years |
|
|
(3,144 |
) |
|
|
(3,475 |
) |
|
|
(6,619 |
) |
|
Gross unrecognized tax benefits at December 31, 2017 |
|
$ |
45,432 |
|
|
$ |
5,651 |
|
|
|
51,083 |
|
|
Less: Federal, state and local income tax benefits |
|
|
|
|
|
|
|
|
|
|
(10,727 |
) |
|
Net unrecognized tax benefits at December 31, 2017 that, if recognized, would impact the effective income tax rate |
|
|
|
|
|
|
|
|
|
$ |
40,356 |
|
The Company’s policy is to recognize interest and penalties, if any, related to unrecognized tax benefits in income taxes in the consolidated statement of income. The balance of accrued interest at December 31, 2017 is included in the table above. The Company’s federal, state and local income tax returns are routinely subject to examinations from various governmental taxing authorities. Such examinations may result in challenges to the tax return treatment applied by the Company to specific transactions. Management believes that the assumptions and judgment used to record tax-related assets or liabilities have been appropriate. Should determinations rendered by tax authorities ultimately indicate that management’s assumptions were inappropriate, the result and adjustments required could have a material effect on the Company’s results of operations. Examinations by the Internal Revenue Service of the Company’s federal income tax returns have been largely concluded through 2016, although under statute the income tax returns from 2014 through 2016 could be adjusted. The Company also files income tax returns in over forty states and numerous local jurisdictions. Substantially all material state and local matters have been concluded for years through 2013. It is not reasonably possible to estimate when examinations for any subsequent years will be completed.