Income TaxesIncome tax expense (benefit) from continuing operations for the years ended December 31, 2015, 2016 and 2017 consisted of the following:
|
| | | | | | | | | | | | |
(in thousands) | | 2015 | | 2016 | | 2017 |
Current income tax expense (benefit) | | | | | | |
State | | $ | 350 |
| | $ | 896 |
| | $ | 683 |
|
Foreign | | (163 | ) | | 255 |
| | 96 |
|
Total current income tax expense | | $ | 187 |
| | $ | 1,151 |
| | $ | 779 |
|
| | | | | | |
Deferred tax expense (benefit) | | | | | | |
Federal | | $ | 6,402 |
| | $ | 13,195 |
| | $ | (14,813 | ) |
State | | 1,377 |
| | 2,677 |
| | 1,063 |
|
Foreign | | (42 | ) | | (41 | ) | | (56 | ) |
Total deferred income tax expense (benefit) | | 7,737 |
| | 15,831 |
| | (13,806 | ) |
Total income tax expense (benefit) | | $ | 7,924 |
| | $ | 16,982 |
| | $ | (13,027 | ) |
Total income tax expense (benefit) from continuing operations differed from the amount computed by applying the federal statutory tax rate of 35.0% for the years ended December 31, 2015, 2016 and 2017 due to the following:
|
| | | | | | | | | | | | |
(in thousands) | | 2015 | | 2016 | | 2017 |
Pretax income (loss) at federal statutory rate | | $ | 6,359 |
| | $ | 14,064 |
| | $ | (7,666 | ) |
Foreign taxes at different rates from the U.S. rate | | 77 |
| | (68 | ) | | 11 |
|
State income tax expense, net federal expense | | 1,156 |
| | 2,315 |
| | 1,135 |
|
Non-deductible items | | 366 |
| | 318 |
| | 424 |
|
Goodwill impairment | | — |
| | — |
| | 13,953 |
|
Purchase price adjustments | | — |
| | — |
| | (819 | ) |
Federal tax rate change adjustments | | — |
| | — |
| | (19,157 | ) |
Adjustment of prior year deferred taxes | | (128 | ) | | 257 |
| | (832 | ) |
Change in valuation allowance | | 94 |
| | 106 |
| | (76 | ) |
Other items | | — |
| | (10 | ) | | — |
|
Total provision (benefit) for income taxes | | $ | 7,924 |
| | $ | 16,982 |
| | $ | (13,027 | ) |
The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities at December 31, 2016 and 2017 are presented below:
|
| | | | | | | |
(in thousands) | 2016 | | 2017 |
Deferred tax assets: | | | |
Allowance for doubtful accounts | $ | 402 |
| | $ | 119 |
|
Accrued expenses and other current liabilities | 684 |
| | 330 |
|
Stock-based compensation | 16,194 |
| | 10,877 |
|
Prepaid rent | 1,448 |
| | 1,326 |
|
Deferred revenue | 899 |
| | 433 |
|
Noncurrent liabilities | 337 |
| | 94 |
|
Net operating loss and credit carryforwards | 46,030 |
| | 38,705 |
|
| 65,994 |
| | 51,884 |
|
Less: valuation allowance | (13,705 | ) | | (10,190 | ) |
Deferred tax assets | 52,289 |
| | 41,694 |
|
Deferred tax liabilities: | | | |
Intangible assets | 91,447 |
| | 69,943 |
|
Property and equipment | 7,825 |
| | 5,465 |
|
Software development costs | 3,924 |
| | 3,251 |
|
Deferred tax liabilities | 103,196 |
| | 78,659 |
|
Net deferred tax liabilities | $ | 50,907 |
| | $ | 36,965 |
|
Net deferred tax liabilities as of December 31, 2017 include $0.9 million pertaining to Canadian operations.
As of December 31, 2017, the Company has federal net operating loss carryforwards of approximately $136.8 million available to offset future income which will expire in the years 2018 through 2037, of which $50.4 million is applicable to Townsquare Radio, Inc. and can only be utilized against its future earnings (subject to further limitations under Section 382 of the Internal Revenue Code) and $86.4 million applicable to post IPO operations of the Company and can be utilized against future earnings without limitation through 2037. Additionally, the Company has net operating loss carry forwards for state purposes aggregating $10.7 million as of December 31, 2017, which are subject to the foregoing limitations. The valuation allowance decrease of $3.5 million as of December 31, 2017, was primarily due to the Federal tax rate change on certain of the Company’s net operating losses.
New Tax Reform Legislation
In December 2017, the Tax Cuts and Jobs Act (the “Act”) was enacted. The Tax Act makes significant changes in U.S. tax law including a reduction in the corporate income tax rate, repeal of the alternative minimum tax, requiring a one-time transition tax on certain unrepatriated earnings of foreign subsidiaries and changes to net operating loss carryforwards and carry backs. The Tax Act reduced the U.S. corporate income tax rate from the current rate of 35% to 21%. As a result of the Tax Act, the Company was required to revalue its deferred tax assets and liabilities at the enacted rate. This revaluation resulted in a benefit of $19.2 million to income tax expense and a corresponding reduction in the net deferred tax liability. The Company also computed an estimate of approximately $0.3 million of the deemed mandatory repatriation as of December 31, 2017.
The SEC issued guidance on accounting for the tax effects of the Tax Act. The Company must reflect the income tax effects of those aspects of the Tax Act for which the accounting is known. To the extent that a company’s accounting for certain income tax effects of the Tax Act is incomplete but it is able to determine a reasonable estimate, it must record a provisional estimate in the financial statements and the Tax Act provides a measurement period that should not extend beyond one year from the Tax Act enactment date. The Company has determined a reasonable estimate for these amounts, and based on a continued analysis of the estimates and further guidance and interpretations on the application of the law, additional revisions may occur, however the Company does not expect any material adjustments.