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Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes [Abstract]  
Income Taxes 13. Income Taxes

On December 22, 2017, the Tax Cuts and Jobs Act (which we refer to as the “TCJA”) was signed into law. The TCJA significantly reforms the Internal Revenue Code of 1986, as amended. The TCJA, among other things, contains significant changes to corporate taxation, including reduction of the corporate tax rate, commencing in 2018, from a top marginal rate of 35% to a flat rate of 21%, limitation of the tax deduction for interest expense to 30% of adjusted earnings (except for certain small businesses), limitation of the deduction for net operating losses to 80% of current year taxable income, elimination of net operating loss carrybacks, immediate deductions for certain new investments instead of deductions for depreciation expense over time, and modifying or repealing many business deductions and credits.

Also on December 22, 2017 the SEC staff issued Staff Accounting Bulletin No. 118 (which we refer to as “SAB 118”) which addresses the application of ASC Topic 740 to the TCJA. SAB 118 outlines that if the accounting for the effects of the TCJA is incomplete, but a reasonable estimate can be made, then provisional amount should be reflected in the financial statements. Our accounting for the impacts of the TCJA related to current and deferred taxes, and in particular our deferred taxes related to our acquisition of UCP and Sundquist Homes, was incomplete as of the date our financial statements were issued for the year ended December 31, 2017. We remeasured our deferred tax assets and liabilities based on the rates at which they are expected to reverse in the future, which is generally our estimated blended state and federal statutory rate in future periods of approximately 24%. This remeasurement as of December 31, 2017 resulted in a provisional reduction to our deferred tax assets of $2.8 million. During the year ended December 31, 2018, we completed our accounting for the impacts of the TCJA, and recorded an additional reduction to our deferred tax assets of $1.5 million. The reductions of $1.5 million and $2.8 million are reflected in income tax expense in our consolidated statements of operations for the years ended December 31, 2018 and 2017, respectively.

Our income tax expense for the years ended December 31, 2019, 2018 and 2017 comprises the following current and deferred amounts (in thousands):

Year Ended December 31,

2019

2018

2017

Current

Federal

$

9,113

$

27,815

$

29,241

State and local

7,354

8,415

3,954

Total current

16,467

36,230

33,195

Deferred

Federal

2,528

(3,182)

920

State and local

646

(973)

(246)

Total deferred

3,174

(4,155)

674

Income tax expense

$

19,641

$

32,075

$

33,869

Total income tax expense differed from the amounts computed by applying the federal statutory income tax rate of 21% for the years ended December 31, 2019 and 2018, and 35% for the year ended Decembers 31, 2017 to income before income taxes as a result of the following items (in thousands):

Year Ended December 31,

2019

2018

2017

Statutory income tax expense

$

27,844

$

26,991

$

29,469

State income tax expense, net of federal income tax expense

5,483

4,847

3,596

Domestic production activities deduction

-

-

(2,513)

Executive compensation

4,123

2,760

-

Excess tax benefits upon vesting of share based payment awards

(252)

(1,276)

-

Remeasurement of deferred tax assets

-

1,548

2,790

Federal energy credits

(17,256)

(2,426)

-

Other permanent items

(301)

(369)

527

Income tax expense

$

19,641

$

32,075

$

33,869

Income tax expense for the year ended December 31, 2019 is impacted by a $17.3 million benefit associated with the Energy Efficient Home Credit under IRS §45L (which we refer to as “Federal Energy Credits”).

The Federal Energy Credits provide eligible contractors a federal income tax credit of $2,000 for each home delivered that meets the energy saving and certification requirements under the statute. The Federal Energy Credits had previously expired and were not available to be claimed for any home which was delivered after December 31, 2017. However, on December 20, 2019 an extension of the Federal Energy Credits was enacted into law, which extended the availability of the credit to homes delivered during the years ended December 31, 2018, 2019 and 2020.

Deferred income tax assets and liabilities are recognized for the future tax consequences of temporary differences. Temporary differences arise when revenues and expenses for financial reporting are recognized for tax purposes in a different period. ASC 740 requires that a valuation allowance be recorded against deferred tax assets unless it is more likely than not that the deferred tax asset will be utilized. As a result of this analysis, the Company has not recorded a valuation allowance against its deferred tax assets. The Company will continue to evaluate the need to record valuation allowances against deferred tax assets and will make adjustments in accordance with the accounting standard.

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and liabilities at December 31, 2019 and 2018 (in thousands):

As of December 31,

2019

2018

Deferred tax assets

Warranty reserves

$

2,356

$

1,944

Amortizable intangible assets

2,183

1,127

Stock-based compensation

598

3,055

Accrued compensation and other

2,775

5,075

Inventories, additional costs capitalized for tax

8,206

7,281

Deferred tax asset

16,118

18,482

Deferred tax liabilities

Prepaid expenses

264

1,133

Property and equipment

5,265

3,586

Deferred tax liability

5,529

4,719

Net deferred tax asset

$

10,589

$

13,763

The uncertainty provisions of ASC 740 also require the Company to recognize the impact of a tax position in its consolidated financial statements only if the technical merits of that position indicate that the position is more likely than not of being sustained upon audit. During the year, the Company did not record a reserve for uncertain tax positions. We file income tax returns in the U.S. federal jurisdiction and various state jurisdictions. We are subject to U.S. federal income tax and various state income tax examinations for calendar tax years ending 2015 through 2019.