Income Taxes

12 Months Ended

Dec. 31, 2018

Income Tax Disclosure [Abstract]

Income Taxes

(15) Income Taxes

On December 22, 2017, H.R.1, commonly known as the Tax Cuts and Jobs Act (the “Act”), was signed into law. Among other things, the Act reduced our corporate federal tax rate from 34% to 21% effective January 1, 2018. As a result at December 31, 2017, we were required to re-measure, through income tax expense, our deferred tax assets and liabilities using the enacted rate at which we expect them to be recovered or settled. The re-measurement of our net deferred tax asset resulted in additional income tax benefit of $--352,000. After completing our 2017 tax return, income tax expense of $85,000 was recorded in 2018 associated with the re-measurement of our net deferred tax asset.

At December 31, 2017, the Company early adopted ASU 2018-02 and reclassified out of accumulated other comprehensive income and into retained earnings $67,000 of tax benefit that was recorded to income tax expense at December 22, 2017 due to re-measuring the tax rate on deferred taxes to 21% on available-for-sale securities.

Income tax expense (benefit) attributable to income from operations consisted of the following:

	Years ended December 31,
(Dollars in thousands)	2018			2017			2016
Current:
Federal	$	396		$	(1,108	)	$	1,298
State		(197	)		(276	)		97
Total current		199			(1,384	)		1,395
Deferred:
Federal		875			768			797
State		155			27			248
Total deferred		1,030			795			1,045
Deferred tax valuation allowance		(146	)		44			(126	)
Deferred tax remeasurement		85			(352	)		-
Income tax (benefit) expense	$	1,168		$	(897	)	$	2,314

The reasons for the difference between actual income tax expense (benefit) and expected income tax expense attributable to income from operations at the statutory federal income tax rate were as follows:

	Years ended December 31,
(Dollars in thousands)	2018			2017			2016
Computed “expected” tax expense	$	2,435		$	1,180		$	3,833
(Reduction) increase in income taxes resulting from:
Tax-exempt interest income, net		(850	)		(1,346	)		(1,220	)
Deferred tax remeasurement		85			(352	)		-
REIT excise tax		-			249			-
Excess tax benefit from stock option exercise		(119	)		(107	)		(283	)
Bank owned life insurance		(140	)		(316	)		(177	)
Reversal of unrecognized tax benefits, net		(512	)		(197	)		(125	)
State income taxes, net of federal benefit		364			61			269
Investment tax credits		(24	)		(7	)		(11	)
Other, net		(71	)		(62	)		28
	$	1,168		$	(897	)	$	2,314

The tax effects of temporary differences that give rise to the significant portions of the deferred tax assets and liabilities at the following dates were as follows:

	As of December 31,
(Dollars in thousands)	2018			2017
Deferred tax assets:
Federal alternative minimum tax credit and low income housing credit carry forwards	$	-		$	2,485
Loans, including allowance for loan losses		1,489			1,419
Net operating loss carry forwards		383			529
State taxes		398			413
Acquisition costs		202			224
Deferred compensation arrangements		78			88
Unrealized loss on investment securities available-for-sale		1,295			132
Investments		33			46
Other, net		26			46
Total deferred tax assets		3,904			5,382
Less valuation allowance		(383	)		(529	)
Total deferred tax assets, net of valuation allowance		3,521			4,853
Deferred tax liabilities:
Undistributed equity earnings		-			1,539
Premises and equipment, net of depreciation		447			454
Mortgage servicing rights		464			470
Prepaid expenses		209			210
Intangible assets		92			12
FHLB stock dividends		56			74
Other borrowings		-			35
Total deferred tax liabilities		1,268			2,794
Net deferred tax asset	$	2,253		$	2,059

The Company has Kansas corporate net operating loss carry forwards totaling $6.6 million and $9.1 million as of December 31, 2018 and 2017, respectively, which expire between 2019 and 2027. The Company has recorded a valuation allowance against the Kansas corporate net operating loss carry forwards. A valuation allowance related to the remaining deferred tax assets has not been provided because management believes it is more likely than not that the results of future operations will generate sufficient taxable income to realize the deferred tax assets at December 31, 2018.

Retained earnings at December 31, 2018 and 2017 include approximately $6.3 million for which no provision for federal income tax had been made. This amount represents allocations of income to bad debt deductions in years prior to 1988 for tax purposes only. Reduction of amounts allocated for purposes other than tax bad debt losses will create income for tax purposes only, which will be subject to the then current corporate income tax rate.

The Company has unrecognized tax benefits representing tax positions for which a liability has been established. A reconciliation of the beginning and ending amount of the liability relating to unrecognized tax benefits is as follows:

	Years ended December 31,
(Dollars in thousands)	2018			2017
Unrecognized tax benefits at beginning of year	$	1,505		$	1,809
Gross increases to current year tax positions		464			50
Gross decreases to prior year’s tax positions		(2	)		(10	)
Lapse of statute of limitations		(495	)		(344	)
Unrecognized tax benefits at end of year	$	1,472		$	1,505

Tax years that remain open and subject to audit include the years 2015 through 2018 for both federal and state tax purposes. The Company recognized $495,000 and $344,000 of previously unrecognized tax benefits during 2018 and 2017, respectively. The gross unrecognized tax benefits of $1.5 million at December 31, 2018 and December 31, 2017, respectively, would favorably impact the effective tax rate by $1.2 million if recognized. During 2018, the Company recorded an income tax benefit of $119,000 associated with interest and penalties. During 2017 and 2016, the Company recorded $30,000, and $84,000 respectively, of income tax expense associated with interest and penalties. As of December 31, 2018 and 2017, the Company has accrued interest and penalties related to the unrecognized tax benefits of $331,000 and $450,000, respectively which are not included in the table above. The Company believes that it is reasonably possible that a reduction in gross unrecognized tax benefits of up to $608,000 is possible during the next 12 months as a result of the lapse of the statute of limitations.