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INCOME TAXES
12 Months Ended
Dec. 31, 2013
INCOME TAXES
15.      INCOME TAXES
 
For the year ended December 31, 2013 the Company was qualified to be taxed as a REIT under Code Sections 856 through 860. As a REIT, the Company is not subject to federal income tax to the extent that it distributes its taxable income to its stockholders. To maintain qualification as a REIT, the Company must distribute at least 90% of its annual REIT taxable income to its stockholders and meet certain other requirements such as assets it may hold, income it may generate and its stockholder composition. It is generally the Company’s policy to distribute 100% of its REIT taxable income. To the extent there is any undistributed REIT taxable income at the end of a year, the Company distributes such shortfall within the next year as permitted by the Code. For years prior to 2013, the Company retained the amount of taxable income attributable to certain employee remuneration deductions disallowed for tax purposes pursuant to Section 162(m) of the Code (“Section 162(m)”). As a result of the externalization of management effective as of July 1, 2013, the Company does not expect to be subject to the Section 162(m) disallowance for the 2013 tax year.
 
The state and local tax jurisdictions for which the Company is subject to tax-filing obligations recognize the Company’s status as a REIT, and therefore, the Company generally does not pay income tax in such jurisdictions. The Company may, however, be subject to certain minimum state and local tax filing fees and our TRSs are subject to federal, state and local taxes.
 
During the year ended December 31, 2013, the Company recorded $8.2 million of income tax expense for income attributable to its TRSs.
 
During the year ended December 31, 2012, the Company recorded $13.8 million of income tax expense for income attributable its TRSs. During the year ended December 31, 2012, the Company also recorded $22.1 million of income tax expense for a portion of earnings retained based on Section 162(m) limitations.
 
During the year ended December 31, 2011, the Company recorded $14.9 million of income tax expense for income attributable to its TRSs. During the year ended December 31, 2011, the Company also recorded $44.1 million of income tax expense for a portion of earnings retained based on Section 162(m) limitations.
 
The Company’s effective tax rate differs from its combined federal, state and city corporate statutory tax rate primarily due to the deduction of dividend distributions required to be paid under Code Section 857(a). Thus, the Company pays no tax on its REIT taxable income.

The Company’s 2012, 2011 and 2010 federal, state and local tax returns remain open for examination.