|
(14) |
Income Taxes |
Allocation of federal and state income tax expense between current and deferred portions for the years ended December 31, 2017, 2016 and 2015, is as follows:
|
|
|
Current |
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|
Deferred |
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|
Total |
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|
December 31, 2017: |
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
18,243 |
|
|
$ |
29,393 |
|
|
$ |
47,636 |
|
|
State |
|
|
4,045 |
|
|
|
1,799 |
|
|
|
5,844 |
|
|
|
|
$ |
22,288 |
|
|
$ |
31,192 |
|
|
$ |
53,480 |
|
|
December 31, 2016: |
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
15,172 |
|
|
$ |
3,127 |
|
|
$ |
18,299 |
|
|
State |
|
|
3,091 |
|
|
|
520 |
|
|
|
3,611 |
|
|
|
|
$ |
18,263 |
|
|
$ |
3,647 |
|
|
$ |
21,910 |
|
|
December 31, 2015: |
|
|
|
|
|
|
|
|
|
|
|
|
|
Federal |
|
$ |
14,639 |
|
|
$ |
4,297 |
|
|
$ |
18,936 |
|
|
State |
|
|
2,920 |
|
|
715 |
|
|
|
3,635 |
|
|
|
|
|
$ |
17,559 |
|
|
$ |
5,012 |
|
|
$ |
22,571 |
|
The tax effect of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities at December 31, 2017 and 2016, are presented below:
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December 31, |
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|
|
2017 |
|
|
2016 |
|
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|
Deferred tax assets: |
|
|
|
|
|
|
|
|
Allowance for loan losses |
$ |
8,320 |
|
|
$ |
10,431 |
|
|
Stock based compensation |
|
1,609 |
|
|
|
1,792 |
|
|
Deferred compensation |
|
1,488 |
|
|
|
2,145 |
|
|
Impairment expenses |
|
572 |
|
|
|
459 |
|
|
Net operating loss carryforward |
|
13,278 |
|
|
|
22,633 |
|
|
Other real estate owned expenses |
|
557 |
|
|
|
580 |
|
|
Fair value adjustments |
|
13,414 |
|
|
|
27,241 |
|
|
Nonaccrual interest |
|
1,385 |
|
|
|
1,856 |
|
|
Unrealized loss on investment securities available for sale |
|
2,378 |
|
|
|
5,384 |
|
|
Other |
|
2,339 |
|
|
|
371 |
|
|
Total deferred tax assets |
|
45,340 |
|
|
|
72,892 |
|
|
|
|
|
|
|
|
|
|
|
Deferred tax liabilities: |
|
|
|
|
|
|
|
|
Premises and equipment, due to differences in |
|
|
|
|
|
|
|
|
depreciation methods and useful lives |
|
(5,441 |
) |
|
|
(7,320 |
) |
|
Deferred loan costs, net |
|
(208 |
) |
|
|
(183 |
) |
|
Prepaid expense |
|
(1,752 |
) |
|
|
(1,867 |
) |
|
Like kind exchange |
|
(197 |
) |
|
|
(300 |
) |
|
Accretion of discounts on investments |
|
(17 |
) |
|
|
(14 |
) |
|
Total deferred tax liabilities |
|
(7,615 |
) |
|
|
(9,684 |
) |
|
|
|
|
|
|
|
|
|
|
Net deferred tax asset |
$ |
37,725 |
|
|
$ |
63,208 |
|
As a result of the acquisition of First Southern on June 1, 2014, the Company obtained net operating loss carryforwards of approximately $57,375 which are subject to an Internal Revenue Code Section 382 annual limitation of approximately $6,487 per year. The Company obtained net operating loss carryforwards of approximately $11,526 and $8,763 as a result of the acquisitions of Community and Hometown, respectively, on March 1, 2016 which are also subject to Internal Revenue Code Section 382 limitations of approximately $1,722 and $507, respectively. On May 1, 2017, the Company completed its acquisition of Gateway and as a result obtained net operating loss carryforwards of approximately $5,407, which are subject to Internal Revenue Code Section 382 limitations of approximately $3,289. At December 31, 2017, the Company had net operating loss carryforwards of approximately $53,499 which will begin to expire as follows.
|
2028 |
$ |
1,267 |
|
|
2029 |
|
14,101 |
|
|
2030 |
|
13,534 |
|
|
2031 |
|
7,745 |
|
|
2032 |
|
6,567 |
|
|
2033 |
|
6,313 |
|
|
2035 |
|
759 |
|
|
2036 |
|
3,213 |
|
|
|
$ |
53,499 |
|
As a result of the enactment of the Tax Act on December 22, 2017, the Company evaluated its deferred tax assets and deferred tax liabilities to account for the future impact of lower corporate tax rates on its deferred tax assets. The reduction in the federal corporate tax rate resulted in a one-time charge to the Company’s earnings and reduction to its net deferred tax assets of approximately $18,575. Shortly after the enactment date, the SEC issued Staff Accounting Bulletin (“SAB”) 118, which addresses the situations where the accounting for changes in tax laws is complete, incomplete but can be reasonably estimated, and incomplete and cannot be reasonably estimated. SAB 118 also permits a measurement period of up to one year from the date of enactment to refine the provisional accounting. The Company’s financial results reflect the income tax effects for which the accounting is complete and provisional amounts for those specific income tax effects of the Tax Act for which the accounting is incomplete but a reasonable estimate could be determined.
In assessing the realizability of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. In performing this analysis, the Company considers all evidence currently available, both positive and negative, in determining whether based on the weight of that evidence, it is more likely than not the deferred tax asset will be realized. Based on management’s analysis, it was determined that it is more likely than not that the net deferred tax asset, net of the one-time charge mentioned above, will be realized as of December 31, 2017 and 2016.
The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of the states of Florida, Georgia, Alabama, California, Colorado, North Carolina and Tennessee. CSFL Insurance Corp. files a tax return in South Carolina. The Company is no longer subject to examination by taxing authorities for the years before 2014. The Company has not recorded any material interest or penalties on its income tax liabilities for the years 2017, 2016 and 2015.
A reconciliation between the actual tax expense and the “expected” tax expense, computed by applying the U.S. federal corporate rate of 35 percent is as follows:
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December 31, |
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|
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|
2017 |
|
|
2016 |
|
|
2015 |
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|
“Expected” tax expense |
|
$ |
38,246 |
|
|
$ |
22,488 |
|
|
$ |
21,668 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Tax exempt interest, net |
|
|
(4,104 |
) |
|
|
(2,364 |
) |
|
|
(851 |
) |
|
Bank owned life insurance |
|
|
(1,251 |
) |
|
|
(825 |
) |
|
|
(753 |
) |
|
State income taxes, net of federal income tax benefits |
|
|
4,077 |
|
|
|
2,347 |
|
|
|
2,363 |
|
|
Stock based compensation |
|
|
40 |
|
|
|
81 |
|
|
|
76 |
|
|
Merger and acquisition related expenses |
|
|
1,049 |
|
|
|
388 |
|
|
|
10 |
|
|
Excess tax benefit from stock based compensation |
|
|
(3,007 |
) |
|
|
— |
|
|
|
— |
|
|
Revaluation of net deferred tax asset due to change in federal income tax rate |
|
|
18,575 |
|
|
|
— |
|
|
|
— |
|
|
Other, net |
|
|
(145 |
) |
|
|
(205 |
) |
|
|
58 |
|
|
|
|
$ |
53,480 |
|
|
$ |
21,910 |
|
|
$ |
22,571 |
|