Note 11 – Income Taxes

The Company and its subsidiary are subject to U.S. federal and state income taxes. Income tax expense is the total of the current year income tax due or refundable and the change in deferred tax assets and liabilities. Deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carry-forwards. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.

Income tax expense was as follows:


	2018		2017
	(In thousands)
Current
Federal	$	(110)	$	—
State		12		12
Deferred
Federal		68		1,455
State		86		396
Change in valuation allowance		—		—
Total	$	56	$	1,863

Effective tax rates differ from the federal statutory rate of 21% for the year ended December 31, 2018 and 34% for the year ended December 31, 2017 applied to income before income taxes due to the following:


	2018		2017
	(In thousands)
Federal statutory rate times financial statement net income	$	183	$	1,269
Effect of:
State taxes, net of federal benefit		77		268
Change in federal rate		—		519
Earnings from bank owned life insurance		(16)		(22)
Low income housing credits		(212)		(212)
Change in valuation allowance		—		—
Other, net		24		41
Total	$	56	$	1,863

On December 22, 2017, the Tax Cuts and Jobs Act was signed into law. Among other items, the Tax Cuts and Jobs Act reduces the federal corporate tax rate to 21% from the existing maximum rate of 35%, effective January 1, 2018. As a result, the Company has recorded a decrease related to its deferred tax assets of $519 thousand, with a corresponding increase to deferred income tax expense of $519 thousand for the year ended December 31, 2017.

Year-end deferred tax assets and liabilities were due to the following:


	2018		2017
	(In thousands)
Deferred tax assets:
Allowance for loan losses	$	799	$	—
Real estate owned		65		5
Accrued liabilities		150		173
State income taxes		34		33
Stock compensation		165		182
Net operating loss carryforward		3,887		4,367
Non-accrual loan interest		3		4
Partnership investment		140		101
General business credit		1,661		1,458
Alternative minimum tax credit		151		256
Unrealized appreciation AFS		50		—
Other		28		14
Total deferred tax assets		7,133		6,593

Deferred tax liabilities:
Section 481 Adjustments to bad debts		(980)		—
Deferred loan fees/costs		(775)		(817)
Allowance for loan losses		—		(276)
Basis difference on fixed assets		(35)		(49)
Net unrealized appreciation on available-for-sale securities		—		(36)
FHLB stock dividends		(266)		(266)
Mortgage servicing rights		(5)		(7)
Prepaid expenses		(27)		(32)
Total deferred tax liabilities		(2,088)		(1,483)
Net deferred tax assets	$	5,045	$	5,110

Deferred tax assets are reduced by a valuation allowance when, in the opinion of management, it is more likely than not that some portion, or all, of the deferred tax asset will not be realized. In assessing the realization of deferred tax assets, management evaluated both positive and negative evidence, including the existence of cumulative losses in the current year and the prior two years, the amount of taxes paid in available carry-back years, the forecasts of future income and tax planning strategies. Based on this analysis, the Company determined that as of December 31, 2018, no valuation allowance was required on its deferred tax assets, which totaled $5.0 million. As of December 31, 2017, the Company recorded no valuation allowance on its deferred tax assets of $5.1 million.

As of December 31, 2018, the Company has federal net operating loss carryforwards of $8.2 million and California net operating loss carryforwards of $25.3 million, which begin expiring in 2031 through 2037 and 2031 through 2036, respectively. The Company also has federal general business credits of $1.5 million, expiring beginning in 2030 through 2037, and alternative minimum tax credit carryforwards of $119 thousand, which can be carried forward indefinitely.

Federal income tax laws previously allowed the Company additional bad debt deductions based on the reserve method of computing the federal bad debt deduction. This method of computing the Company’s federal bad debt deduction was permitted to be used by the Company until the end of 1987. As of December 31, 1987, the tax bad debt reserve balance totaled $3.0 million. Accounting standards do not require a deferred tax liability to be recorded on this amount, which otherwise would total approximately $632 thousand at year end 2018 and 2017. If the Bank were liquidated, or otherwise ceases to be a bank, the $3.0 million tax bad debt reserve may need to be recaptured into taxable income and income tax expense would need to be provided.

Prior to 2018, the Company computed its bad debt deduction for income tax purposes under the reserve method. In 2018, the Company requested a change in accounting method used for computing its tax bad debt deduction from the reserve method to the charge-off method as defined under Internal Revenue Code Section 166. Once the IRS has consented to the requested change in accounting method, the Company would compute its tax bad debt deduction under the new method and would recapture its tax bad debt reserve of $4.3 million into taxable income evenly over the next 4 years starting in 2018.

At December 31, 2018 and 2017, the Company had $475 thousand in unrecognized tax benefits. This amount, if recognized, would favorably affect the income tax provision in future periods. The Company expects that the total amount of unrecognized tax benefits may decrease significantly within the next twelve months due to expected settlement with the state taxing authorities. During 2018 and 2017, $5 thousand was accrued during each period for potential interest related to these unrecognized tax benefits.

Federal tax years 2015 through 2018 remain open for the assessment of Federal income tax. With the exception of the issues under protest for the years listed below, California tax years 2014 through 2018 remain open for the assessment of California income tax. The Company is currently under examination by the California Franchise Tax Board (“FTB”) for the 2009, 2010, and 2011 tax years. The FTB has proposed adjustments to the Company’s California net operating loss carryforwards for items which the Company has established an unrecognized tax benefit. The Company has protested the FTB’s adjustments and does not expect that significant additional tax expense will result.