12.

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 stockholders. 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 expense (benefit) is comprised of the following components (in thousands):


	For the Years Ended December 31,
	2015		2014			2013

Current income tax expense (benefit)
Federal	$	2,519	$	9,326		$	13,674
State		136		828			2,368

		2,655		10,154			16,042


Deferred income tax expense (benefit)
Federal		5,589		(2,280	)		(144,771	)
State		117		(931	)		(6,266	)

		5,706		(3,211	)		(151,037	)


Income tax expense (benefit)	$	8,361	$	6,943		$	(134,995	)

Significant components of CCA’s deferred tax assets and liabilities as of December 31, 2015 and 2014, are as follows (in thousands):


	December 31,
	2015			2014

Noncurrent deferred tax assets:
Asset reserves and liabilities not yet deductible for tax	$	28,589		$	31,634
Tax over book basis of certain assets		893			924
Net operating loss and tax credit carryforwards		5,287			5,008
Intangible contract value		2,717			2,877
Other		460			579

Total noncurrent deferred tax assets		37,946			41,022
Less valuation allowance		(3,780	)		(4,065	)


Total noncurrent deferred tax assets		34,166			36,957


Noncurrent deferred tax liabilities:
Book over tax basis of certain assets		(15,238	)		(11,332	)
Intangible lease value		(8,862	)		(9,431	)
Other		(242	)		(664	)

Total noncurrent deferred tax liabilities		(24,342	)		(21,427	)


Net total noncurrent deferred tax assets	$	9,824		$	15,530

The tax benefits associated with equity-based compensation reduced income taxes payable by $0.5 million, $0.7 million, and $0.4 million during 2015, 2014, and 2013, 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, 2015, 2014, and 2013 is as follows:


	2015			2014			2013

Statutory federal rate		35.0	%		35.0	%		35.0	%
Dividends paid deduction		(31.9	)		(31.1	)		(30.7	)
State taxes, net of federal tax benefit		0.9			0.8			1.1
Permanent differences		0.4			0.1			3.0
Impact of REIT election		—			—			(87.0	)
Other items, net		(0.8	)		(1.4	)		(1.0	)

		3.6	%		3.4	%		(79.6	)%

CCA’s effective tax rate was 3.6%, 3.4%, and (79.6)% during 2015, 2014, and 2013, respectively. CCA’s effective tax rate is significantly different in 2015 and 2014 from 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 is 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 is 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 Company’s consolidated effective tax rate could fluctuate in the future based on changes in estimates of taxable income, the relative amounts of taxable income generated by the TRSs and the REIT, 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, 2015 and 2014. 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 change in the next twelve months. However, CCA did have an income tax receivable of $21.2 million and $12.8 million as of December 31, 2015 and 2014, respectively, representing overpayment of federal income tax, which is included in prepaid expenses and other current assets in the accompanying consolidated balance sheets.

CCA’s U.S. federal income tax returns for tax years 2012 through 2014 remain subject to examination by the Internal Revenue Service (“IRS”). During the third quarter of 2015, the Company was notified that the IRS would commence an audit of the federal income tax return of one of the Company’s TRSs for the year ended December 31, 2013. The audit has just begun and, therefore, it is too early to predict the outcome of the audit.

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 2011 through 2014: Arizona, California, Colorado, Kentucky, Minnesota, New Jersey, Texas, and Wisconsin.