11.

INCOME TAXES

As discussed in Note 1, the Company began operating in compliance with REIT requirements for federal income tax purposes effective January 1, 2013. As a REIT, the Company must distribute at least 90 percent of its taxable income (including dividends paid to it by its TRSs) and will not pay federal income taxes on the amount distributed to its shareholders. Therefore, the Company should not be subject to federal income taxes if it distributes 100 percent of its taxable income. In addition, the Company must meet a number of other organizational and operational requirements. It is management’s intention to adhere to these requirements and maintain the Company’s REIT status. Most states where CCA holds investments in real estate conform to the federal rules recognizing REITs. Certain subsidiaries have made an election with the Company to be treated as TRSs in conjunction with the Company’s REIT election; the TRS elections permit CCA to engage in certain business activities in which the REIT may not engage directly. A TRS is subject to federal and state income taxes on the income from these activities and therefore, CCA includes a provision for taxes in its consolidated financial statements.

Income tax (benefit) expense is comprised of the following components (in thousands):


	For the Years Ended December 31,
	2013			2012			2011
Current income tax (benefit) expense
Federal	$	13,674		$	75,867		$	70,379
State		2,368			5,885			6,466

		16,042			81,752			76,845

Deferred income tax (benefit) expense
Federal		(144,771	)		8,576			17,167
State		(6,266	)		(2,815	)		2,154

		(151,037	)		5,761			19,321

Income tax (benefit) expense	$	(134,995	)	$	87,513		$	96,166

The current income tax expense for 2012 and 2011 is net of $0.1 million and $0.9 million, respectively, of tax benefits of operating loss carryforwards.

Significant components of CCA’s deferred tax assets and liabilities as of December 31, 2013 and 2012, are as follows (in thousands):


	December 31,
	2013			2012
Current deferred tax assets:
Asset reserves and liabilities not yet deductible for tax	$	11,284		$	12,198

Net current deferred tax assets		11,284			12,198

Current deferred tax liabilities:
Other		(2,043	)		(4,176	)

Net total current deferred tax assets	$	9,241		$	8,022

Noncurrent deferred tax assets:
Asset reserves and liabilities not yet deductible for tax	$	17,372		$	24,392
Tax over book basis of certain assets		897			13,994
Net operating loss and tax credit carryforwards		4,575			8,843
Intangible contract value		3,024			—
Other		705			261

Total noncurrent deferred tax assets		26,573			47,490
Less valuation allowance		(4,497	)		(2,655	)

Net noncurrent deferred tax assets		22,076			44,835

Noncurrent deferred tax liabilities:
Book over tax basis of certain assets		(9,067	)		(184,334	)
Intangible lease value		(9,894	)		—
Other		(37	)		(27	)

Total noncurrent deferred tax liabilities		(18,998	)		(184,361	)

Net total noncurrent deferred tax assets (liabilities)	$	3,078		$	(139,526	)

The tax benefits associated with equity-based compensation reduced income taxes payable by $0.4 million, $2.6 million, and $1.8 million during 2013, 2012, and 2011, respectively. Such benefits were recorded as increases to stockholders’ equity.

A reconciliation of the income tax provision at the statutory income tax rate and the effective tax rate as a percentage of income from continuing operations before income taxes for the years ended December 31, 2013, 2012, and 2011 is as follows:


	2013			2011			2010
Statutory federal rate		35.0	%		35.0	%		35.0	%
Dividends paid deduction		(30.7	)		—			—
State taxes, net of federal tax benefit		1.1			1.0			2.6
Permanent differences		3.0			0.7			0.5
Impact of REIT election		(87.0	)		—			—
Other items, net		(1.0	)		(0.9	)		(0.9	)

		(79.6	)%		35.8	%		37.2	%

CCA’s effective tax rate was (79.6)%, 35.8%, and 37.2% during 2013, 2012, and 2011, respectively. CCA’s effective tax rate is significantly different in 2013 as a result of its election to be taxed as a REIT effective January 1, 2013. As a result of CCA’s election to be taxed as a REIT effective January 1, 2013, CCA recorded during the first quarter of 2013 a net tax benefit of $137.7 million for the revaluation of certain deferred tax assets and liabilities and other income taxes associated with the REIT conversion based on the revised tax structure. As a REIT, CCA will be entitled to a deduction for dividends paid, resulting in a substantial reduction in the amount of federal income tax expense it recognizes. Substantially all of CCA’s income tax expense will be incurred based on the earnings generated by its TRSs. CCA’s overall effective tax rate is estimated based on its current projection of taxable income primarily generated in its TRSs. The effective tax rate could fluctuate in the future based on changes in these estimates, the implementation of additional tax planning strategies, changes in federal or state tax rates or laws affecting tax credits available to the Company, changes in other tax laws, changes in estimates related to uncertain tax positions, or changes in state apportionment factors, as well as changes in the valuation allowance applied to the Company’s deferred tax assets that are based primarily on the amount of state net operating losses and tax credits that could expire unused.

CCA had no liabilities for uncertain tax positions as of December 31, 2013 and 2012. CCA recognizes interest and penalties related to unrecognized tax positions in income tax expense. CCA does not currently anticipate that the total amount of unrecognized tax positions will significantly increase or decrease in the next twelve months.

CCA’s U.S. federal income tax returns for tax years 2010 through 2012 remain subject to examination by the Internal Revenue Service (“IRS”). All states in which CCA files income tax returns follow the same statute of limitations as federal, with the exception of the following states whose open tax years include 2009 through 2012: Arizona, California, Colorado, Kentucky, Michigan, Minnesota, New Jersey, Texas, and Wisconsin.