Income Taxes
The benefit (provision) for income taxes consisted of the following:
|
| | | | | | | | | |
| Years Ended November 30, |
(In thousands) | 2017 | | 2016 | | 2015 |
Current: | | | | | |
Federal | $ | (309,235 | ) | | (300,116 | ) | | (343,635 | ) |
State | (17,572 | ) | | (19,777 | ) | | (52,420 | ) |
| $ | (326,807 | ) | | (319,893 | ) | | (396,055 | ) |
Deferred: | | | | | |
Federal | $ | (40,641 | ) | | (43,775 | ) | | 12,872 |
|
State | (50,409 | ) | | (53,710 | ) | | (7,233 | ) |
| (91,050 | ) | | (97,485 | ) | | 5,639 |
|
| $ | (417,857 | ) | | (417,378 | ) | | (390,416 | ) |
A reconciliation of the statutory rate and the effective tax rate was as follows:
|
| | | | | | | | |
| Percentage of Pretax Income |
| 2017 | | 2016 | | 2015 |
Statutory rate | 35.00 | % | | 35.00 | % | | 35.00 | % |
State income taxes, net of federal income tax benefit | 3.29 |
| | 3.21 |
| | 3.22 |
|
Domestic production activities deduction | (2.77 | ) | | (2.78 | ) | | (3.01 | ) |
Tax reserves and interest expense | 0.27 |
| | (0.89 | ) | | 2.64 |
|
Deferred tax asset valuation allowance | 0.17 |
| | (0.01 | ) | | (0.09 | ) |
State net operating loss adjustment (1) | — |
| | — |
| | (3.00 | ) |
Tax credits | (2.03 | ) | | (3.46 | ) | | (1.92 | ) |
Other | 0.09 |
| | 0.33 |
| | (0.12 | ) |
Effective rate | 34.02 | % | | 31.40 | % | | 32.72 | % |
| |
(1) | During the year ended November 30, 2015, the Company recorded a benefit for additional state net operating loss carryforwards as a result of the conclusion of a state tax examination. |
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of the assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. The tax effects of significant temporary differences that give rise to the net deferred tax assets were as follows:
|
| | | | | | |
| November 30, |
(In thousands) | 2017 | | 2016 |
Deferred tax assets: | | | |
Inventory valuation adjustments | $ | 54,511 |
| | 56,733 |
|
Reserves and accruals | 164,868 |
| | 198,270 |
|
Net operating loss carryforwards | 100,338 |
| | 92,362 |
|
Rialto investments in partnerships | 15,705 |
| | 11,352 |
|
Capitalized expenses | 197,204 |
| | 106,270 |
|
Investments in unconsolidated entities | 38,627 |
| | 42,796 |
|
Other assets | 68,857 |
| | 57,890 |
|
Total deferred tax assets | 640,110 |
| | 565,673 |
|
Valuation allowance | (6,423 | ) | | (5,773 | ) |
Total deferred tax assets after valuation allowance | 633,687 |
| | 559,900 |
|
Deferred tax liabilities: | | | |
Capitalized expenses | 79,440 |
| | 30,632 |
|
Deferred income | 244,969 |
| | 226,195 |
|
Other | 11,583 |
| | 25,675 |
|
Total deferred tax liabilities | 335,992 |
| | 282,502 |
|
Net deferred tax assets | $ | 297,695 |
| | 277,398 |
|
The detail of the Company's net deferred tax assets were as follows:
|
| | | | | | |
| November 30, |
(In thousands) | 2017 | | 2016 |
Net deferred tax assets (liabilities): (1) | | | |
Lennar Homebuilding | $ | 279,900 |
| | 249,714 |
|
Rialto | 21,944 |
| | 26,547 |
|
Lennar Financial Services | (1,176 | ) | | 5,919 |
|
Lennar Multifamily | (2,973 | ) | | (4,782 | ) |
Net deferred tax assets | $ | 297,695 |
| | 277,398 |
|
| |
(1) | Net deferred tax assets and net deferred tax liabilities detailed above are included within other assets and other liabilities in the respective segments. |
A reduction of the carrying amounts of deferred tax assets by a valuation allowance is required if, based on the available evidence, it is more likely than not that such assets will not be realized. Accordingly, the need to establish valuation allowances for deferred tax assets is assessed each reporting period by the Company based on the consideration of all available positive and negative evidence using a "more-likely-than-not" standard with respect to whether deferred tax assets will be realized. This assessment considers, among other matters, the nature, frequency and severity of current and cumulative losses, actual earnings, forecasts of future profitability, the duration of statutory carryforward periods, the Company’s experience with loss carryforwards not expiring unused and tax planning alternatives.
As of November 30, 2017 and 2016, the net deferred tax assets included a valuation allowance of $6.4 million and $5.8 million, respectively, primarily related to state net operating loss ("NOL") carryforwards that are not more likely than not to be utilized due to an inability to carry back these losses in most states and short carryforward periods that exist in certain states. During the year ended November 30, 2016, the Company reversed $0.2 million, of valuation allowance primarily due to the utilization of state net operating losses. During the year ended November 30, 2017, the Company increased its valuation allowance against deferred tax assets relating to state net operating losses by $0.7 million.
At November 30, 2017 and 2016, the Company had federal tax effected NOL carryforwards totaling $34.1 million and $1.8 million, respectively, that may be carried forward up to 20 years to offset future taxable income and begin to expire in 2029. At November 30, 2017 and 2016, the Company had state tax effected NOL carryforwards totaling $66.2 million and $90.6 million, respectively, that may be carried forward from 5 to 20 years, depending on the tax jurisdiction, with losses expiring between 2018 and 2036.
The following table summarizes the changes in gross unrecognized tax benefits:
|
| | | | | | | | | |
| Years Ended November 30, |
(In thousands) | 2017 | | 2016 | | 2015 |
Gross unrecognized tax benefits, beginning of year | $ | 12,285 |
| | 12,285 |
| | 7,257 |
|
Increase due to tax positions taken during prior period (1) | — |
| | — |
| | 5,028 |
|
Gross unrecognized tax benefits, end of year | $ | 12,285 |
| | 12,285 |
| | 12,285 |
|
| |
(1) | Increased the Company's effective tax rate for the year ended November 30, 2015 from 32.30% to 32.72% due to state audits. |
If the Company were to recognize its gross unrecognized tax benefits as of November 30, 2017, $8.0 million would affect the Company’s effective tax rate. The Company does not expect the total amount of unrecognized tax benefits to increase or decrease by a material amount within the following twelve months.
The following summarizes the changes in interest and penalties accrued with respect to gross unrecognized tax benefits:
|
| | | | | | |
| November 30, |
(In thousands) | 2017 | | 2016 |
Accrued interest and penalties, beginning of the year | $ | 45,973 |
| | 65,145 |
|
Accrual of interest and penalties (primarily related to federal and state audits) | 4,184 |
| | 3,251 |
|
Reduction of interest and penalties (1) | (434 | ) | | (22,423 | ) |
Accrued interest and penalties, end of the year | $ | 49,723 |
| | 45,973 |
|
| |
(1) | The Company's accrual for interest and penalties was reduced during the year ended November 30, 2016 primarily due to a settlement with the IRS. |
The IRS is currently examining the Company’s federal income tax returns for fiscal year 2016, and certain state taxing authorities are examining various fiscal years. The final outcome of these examinations is not yet determinable. The statute of limitations for the Company’s major tax jurisdictions remains open for examination for fiscal year 2005 and subsequent years. The Company participates in an IRS examination program, Compliance Assurance Process, "CAP." This program operates as a contemporaneous exam throughout the year in order to keep exam cycles current and achieve a higher level of compliance.
On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act. This Act will materially affect the taxes owed by the Company in 2018 and subsequent years. Among other things, it will reduce the maximum federal corporate income tax rate to 21%, which should have a positive effect on the Company's net earnings and earnings per share. It will also limit or eliminate certain deductions to which the Company has been entitled in past years and it will reduce the value of the Company's deferred tax assets, which will require the Company to recognize in the first quarter of fiscal year 2018 a charge against earnings for impairment of those assets of approximately $70 million.