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Income Taxes
6 Months Ended
Jun. 30, 2018
Income Taxes [Abstract]  
Income Taxes

7. Income Taxes



The following summarizes our income tax benefit (provision) (in thousands):







 

 

 

 

 

 

 

 

 

 

 



Three Months
Ended June 30,

 

Six Months
Ended June 30,

 

2018

 

2017

 

2018

 

2017

Current income tax provision

$

(834)

 

$

(96)

 

$

(1,388)

 

$

(53,989)

Deferred income tax benefit (provision)

 

5,902 

 

 

476 

 

 

7,043 

 

 

(11,695)

Income tax benefit (provision)

$

5,068 

 

$

380 

 

$

5,655 

 

$

(65,684)



For the six month periods ended June 30, 2018 and 2017, our income tax benefit (provision) is computed by applying an expected effective annual tax rate against the pre-tax results for each period (after adjusting for certain tax items that are discrete to each period). For the three month periods ended June 30, 2018 and 2017, this amount is then reduced by the tax provision recorded for the three month periods ended March 31, 2018 and 2017, respectively. The current income tax provision for each period includes our anticipated income tax liability related to distributions received or deemed to be received from Telesat. The deferred income tax benefit (provision) for each period includes the impact of equity in net (loss) income of affiliates from our condensed consolidated statement of operations.

 

In accordance with the Securities and Exchange Commission Staff Accounting Bulletin No. 118, Income Tax- Accounting Implication of the Tax Cuts and Job Act (SAB 118), we recognized the preliminary income tax effects of the Tax Cuts and Jobs Act in our consolidated financial statements for the year ended December 31, 2017. The preliminary effect previously recorded may change in the future due to revisions in the interpretation of the Tax Cuts and Jobs Act or legislative action to clarify interpretation of the Tax Cuts and Jobs Act. The Company expects to finalize the effect of the Tax Cuts and Jobs Act with the filing of its 2017 tax return and complete its accounting within the prescribed measurement period.



Subsequent to the SSL Sale, to the extent that profitability from operations is not sufficient to realize the benefit from our remaining net deferred tax assets, we would generate sufficient taxable income from the appreciated value of our Telesat investment in order to prevent federal net operating losses from expiring and realize the benefit of all remaining deferred tax assets.



The following summarizes amounts for UTPs included in our income tax benefit (provision) (in thousands):





 

 

 

 

 

 

 

 

 

 

 



Three Months
Ended June 30,

 

Six Months
Ended June 30,

 

2018

 

2017

 

2018

 

2017

Current provision for UTPs

$

(747)

 

$

(690)

 

$

(1,227)

 

$

(1,365)

Deferred benefit for UTPs

 

157 

 

 

231 

 

 

258 

 

 

475 

Tax provision for UTPs

$

(590)

 

$

(459)

 

$

(969)

 

$

(890)



As of June 30, 2018, we had unrecognized tax benefits relating to UTPs of $70 million. The Company recognizes interest and penalties related to income taxes in income tax expense on a quarterly basis. As of June 30, 2018, we have accrued no penalties and approximately $8.4 million for the potential payment of tax-related interest.



With few exceptions, the Company is no longer subject to U.S. federal, state or local income tax examinations by tax authorities for years prior to 2012. Earlier years related to certain foreign jurisdictions remain subject to examination. To the extent allowed by law, the tax authorities may have the right to examine prior periods where net operating losses were generated and carried forward, and make adjustments up to the amount of the net operating loss carryforward. While we intend to contest any future tax assessments for uncertain tax positions, no assurance can be provided that we would ultimately prevail. During the next twelve months, the statute of limitations for assessment of additional tax will expire with regard to certain UTPs related to our federal income tax return filed for 2012, potentially resulting in a $27.3 million reduction to our unrecognized tax benefits. Pursuant to the Purchase Agreement for the SSL Sale, we are obligated to indemnify SSL for taxes related to periods prior to the closing of the transaction.



The following summarizes the changes to our liabilities for UTPs included in other liabilities in the condensed consolidated balance sheets (in thousands):





 

 

 

 

 



Six Months Ended June 30,

 

2018

 

2017

Liabilities for UTPs:

 

 

 

 

 

Opening balance — January 1

$

61,182 

 

$

68,658 

Current provision for potential additional interest

 

1,227 

 

 

1,365 

Ending balance

$

62,409 

 

$

70,023 



As of June 30, 2018, if our positions are sustained by the taxing authorities, the Company’s income tax provision from continuing operations would be reduced by approximately $46.3 million. Other than as described above, there were no significant changes to our UTPs during the six months ended June 30, 2018 and 2017, and we do not anticipate any other significant changes to our unrecognized tax benefits during the next twelve months.