11. INCOME TAXES
The components of the provision for federal income taxes are as follows:
|
|
|
Year Ended December 31, |
|
|||||||||
|
|
|
2017 |
|
|
2016 |
|
|
2015 |
|
|||
|
|
|
(Dollars in thousands) |
|
|||||||||
|
Current |
|
$ |
123,371 |
|
|
$ |
115,145 |
|
|
$ |
108,550 |
|
|
Deferred |
|
|
10,534 |
|
|
|
19,047 |
|
|
|
34,999 |
|
|
Total |
|
$ |
133,905 |
|
|
$ |
134,192 |
|
|
$ |
143,549 |
|
The provision for federal income taxes differs from the amount computed by applying the federal income tax statutory rate of 35% to income before income taxes as follows:
|
|
|
Year Ended December 31, |
|
|||||||||
|
|
|
2017 |
|
|
2016 |
|
|
2015 |
|
|||
|
|
|
(Dollars in thousands) |
|
|||||||||
|
Taxes calculated at statutory rate |
|
$ |
142,125 |
|
|
$ |
143,030 |
|
|
$ |
150,568 |
|
|
(Decrease) increase resulting from: |
|
|
|
|
|
|
|
|
|
|
|
|
|
Excess FMV on restricted stock vesting |
|
|
(442 |
) |
|
|
— |
|
|
|
— |
|
|
Tax-exempt interest |
|
|
(6,724 |
) |
|
|
(7,234 |
) |
|
|
(6,351 |
) |
|
Qualified School Construction Bond credit |
|
|
(1,239 |
) |
|
|
(1,218 |
) |
|
|
(1,239 |
) |
|
Non taxable death benefits |
|
|
(5 |
) |
|
|
(295 |
) |
|
|
(60 |
) |
|
BOLI income |
|
|
(1,901 |
) |
|
|
(1,982 |
) |
|
|
(1,917 |
) |
|
Qualified stock options |
|
|
— |
|
|
|
— |
|
|
|
2 |
|
|
Leverage lease items |
|
|
(549 |
) |
|
|
— |
|
|
|
— |
|
|
State tax, net |
|
|
106 |
|
|
|
1,188 |
|
|
|
1,193 |
|
|
Other, net |
|
|
1,103 |
|
|
|
703 |
|
|
|
1,353 |
|
|
Tax rate change |
|
|
1,431 |
|
|
|
— |
|
|
|
— |
|
|
Total |
|
$ |
133,905 |
|
|
$ |
134,192 |
|
|
$ |
143,549 |
|
Income tax expense for 2017 was impacted by the adjustment of deferred tax assets and liabilities related to the reduction in the U.S. federal statutory income tax rate to 21% under the Tax Cuts and Jobs Act, which was enacted on December 22, 2017. As a result of the new law, which is more fully discussed below, the Company recognized a net tax expense totaling $1.4 million, as presented in the table above. During 2017, the Company adopted a new accounting standard that requires the income tax effects associated with stock-based compensation to be recognized as a component of income tax expense. The Company recognized net tax benefits related to stock-based compensation totaling $442 thousand in 2017, as presented in the table above. See Note 1 - Significant Accounting Policies for additional information related to the accounting for the income tax effects of stock-based compensation.
Year-end deferred taxes are presented in the table below. As a result of the Tax Cuts and Jobs Act enacted on December 22, 2017, deferred taxes as of December 31, 2017 are based on the newly enacted U.S. statutory federal corporate income tax rate of 21%. Deferred taxes as of December 31, 2016 are based on the previously enacted U.S. statutory federal corporate income tax rate of 35%.
|
|
|
December 31, |
|
|||||
|
|
|
2017 |
|
|
2016 |
|
||
|
|
|
(Dollars in thousands) |
|
|||||
|
Deferred tax assets: |
|
|
|
|
|
|
|
|
|
Loan purchase discounts |
|
$ |
7,297 |
|
|
$ |
20,793 |
|
|
Allowance for credit losses |
|
|
16,897 |
|
|
|
28,745 |
|
|
Accrued liabilities |
|
|
1,476 |
|
|
|
2,985 |
|
|
Restricted stock |
|
|
5,640 |
|
|
|
10,088 |
|
|
Deferred compensation |
|
|
2,433 |
|
|
|
4,100 |
|
|
Certificates of Deposit |
|
|
22 |
|
|
|
113 |
|
|
Net operating losses |
|
|
129 |
|
|
|
424 |
|
|
ORE write-downs |
|
|
710 |
|
|
|
— |
|
|
Investments in partnerships |
|
|
106 |
|
|
|
213 |
|
|
Unrealized loss on available for sale securities |
|
|
30 |
|
|
|
— |
|
|
Other |
|
|
19 |
|
|
|
162 |
|
|
Total deferred tax assets |
|
|
34,759 |
|
|
|
67,623 |
|
|
Deferred tax liabilities: |
|
|
|
|
|
|
|
|
|
Goodwill and core deposit intangibles |
|
|
(22,664 |
) |
|
|
(35,813 |
) |
|
Bank premises and equipment |
|
|
(7,252 |
) |
|
|
(13,504 |
) |
|
Securities |
|
|
(494 |
) |
|
|
(1,517 |
) |
|
Unrealized gain on available for sale securities |
|
|
— |
|
|
|
(760 |
) |
|
Prepaid expenses |
|
|
(566 |
) |
|
|
(1,295 |
) |
|
Deferred loan fees and costs |
|
|
(4,091 |
) |
|
|
(5,300 |
) |
|
Total deferred tax liabilities |
|
|
(35,067 |
) |
|
|
(58,189 |
) |
|
Net deferred tax (liabilities) assets |
|
$ |
(308 |
) |
|
$ |
9,434 |
|
The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future taxable income, and tax planning strategies in making this assessment. Based upon the level of historical taxable income and estimates of future taxable income over the periods for which the deferred tax assets are deductible, management believes it is more likely than not the Company will realize the benefits of these deductible differences at December 31, 2017.
Benefits from tax positions are recognized in the financial statements only when it is more likely than not that the tax position will be sustained upon examination by the appropriate taxing authority that would have full knowledge of all relevant information. A tax position that meets the more-likely-than-not recognition threshold is measured at the largest amount of benefit that is greater than fifty percent likely of being realized upon ultimate settlement. Tax positions that previously failed to meet the more-likely-than-not recognition threshold are recognized in the first subsequent financial reporting period in which that threshold is met. Previously recognized tax positions that no longer meet the more-likely-than-not recognition threshold are derecognized in the first subsequent financial reporting period in which that threshold is no longer met. The Company had no tax positions at December 31, 2017 or December 31, 2016 that did not meet the more-likely-than not recognition threshold. ASC Topic 740 “Income Taxes” also provides guidance on the accounting for and disclosure of unrecognized tax benefits, interest and penalties. The Company’s policy for recording interest and penalties associated with audits is to record such items as a component of income before taxes. Penalties are recorded in other (gains) losses and interest paid or received is recorded in interest expense or interest income, respectively, in the consolidated statement of income. As of December 31, 2017 and 2016, the Company has not accrued any interest and penalties related to unrecognized tax benefits. The Company has identified its federal tax return and its state tax returns in Texas, Oklahoma and Arkansas as “major” tax jurisdictions, as defined. The periods subject to examination for the Company’s federal return are the 2014 through 2017 tax years. The Company has assumed to net operating loss carryforwards, “acquired NOLs”, through its acquisitions. The tax periods of the acquired entities from which these acquired NOLs originated are considered open years for purposes of adjusting the amount of the acquired NOLs used in the Company’s open years. Net operating loss carryforwards expire in tax years beginning in 2028 through 2031.
Tax Cuts and Jobs Act. The Tax Cuts and Jobs Act was enacted on December 22, 2017. Among other things, the new law (i) establishes a new, flat federal statutory corporate income tax rate of 21%, (ii) eliminates the corporate alternative minimum tax and allows the use of any such carryforwards to offset regular tax liability for any taxable year, (iii) limits the deduction for net interest expense incurred by U.S. corporations, (iv) allows businesses to immediately expense, for tax purposes, the cost of new investments in certain qualified depreciable assets, (v) eliminates or reduces certain deductions related to meals and entertainment expenses, (vi) modifies the limitation on excessive employee remuneration to eliminate the exception for performance-based compensation and clarifies the definition of a covered employee and (vii) limits the deductibility of deposit insurance premiums. The Tax Cuts and Jobs Act also significantly changes U.S. tax law related to foreign operations, however, such changes do not currently impact the Company. As stated above, as a result of the enactment of the Tax Cuts and Jobs Act on December 22, 2017, the Company remeasured its deferred tax assets and liabilities based upon the newly enacted U.S. statutory federal corporate income tax rate of 21%, which is the tax rate at which these assets and liabilities are expected to reverse in the future. The Company is still analyzing certain aspects of the new law and refining its calculations, which could affect the measurement of these deferred tax assets and liabilities or give rise to new deferred tax amounts. The Company recognized a one-time non-cash income tax expense related to the remeasurement of its deferred tax assets and liabilities totaling $1.4 million during the year ended December 31, 2017.