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Income Taxes
12 Months Ended
Dec. 31, 2012
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
CREC is a taxable entity and its consolidated benefit (provision) for income taxes from operations for the years ended December 31, 2012, 2011 and 2010 is as follows (in thousands):
 
 
2012
 
2011
 
2010
Current tax benefit (provision):
 
 
 
 
 
Federal
$

 
$

 
$
720

State
(91
)
 
186

 
359

 
(91
)
 
186

 
1,079

Deferred tax benefit (provision):
 
 
 
 
 
Federal

 

 

State

 

 

 

 

 

Benefit (provision) for income taxes from operations
$
(91
)
 
$
186

 
$
1,079



The net income tax benefit (provision) differs from the amount computed by applying the statutory federal income tax rate to CREC’s income before taxes for the years ended December 31, 2012, 2011 and 2010 as follows ($ in thousands):
 

2012
 
2011
 
2010

Amount
 
Rate
 
Amount
 
Rate
 
Amount
 
Rate
Federal income tax benefit (expense)
$
(4,368
)
 
(35
)%
 
$
35,112

 
35
 %
 
$
1,832

 
35
 %
State income tax benefit (expense), net of federal income tax effect
(91
)
 
 %
 
121

 
 %
 
141

 
3
 %
Valuation allowance
7,055

 
57
 %
 
(34,191
)
 
(34
)%
 
(894
)
 
(17
)%
State deferred tax adjustment
(2,687
)
 
(22
)%
 

 

 

 

Other

 
 %
 
(856
)
 
(1
)%
 

 

Benefit (provision) applicable to income (loss) from continuing operations
$
(91
)
 
 %
 
$
186

 
 %
 
$
1,079

 
21
 %

The tax effect of significant temporary differences representing CREC’s deferred tax assets and liabilities as of December 31, 2012 and 2011 are as follows (in thousands):
 
 
2012
 
2011
Income from unconsolidated joint ventures
$
7,846

 
$
26,009

Land
11,219

 
20,248

Long-term incentive equity awards
2,126

 
1,608

For-sale multi-family units basis differential
233

 
269

Interest carryforward
13,158

 
13,158

Federal and state tax carryforwards
44,075

 
23,883

Other
323

 
860

Total deferred tax assets
78,980

 
86,035

Valuation allowance
(78,980
)
 
(86,035
)
Net deferred tax asset
$

 
$


A valuation allowance is required to be recorded against deferred tax assets if, based on the available evidence, it is more likely than not that such assets will not be realized. When assessing the need for a valuation allowance, appropriate consideration should be given to all positive and negative evidence related to this realization. This evidence includes, among other things, the existence of current and recent cumulative losses, forecasts of future profitability, the length of statutory carryforward periods, the Company’s history with loss carryforwards and available tax planning strategies.
In 2012 and 2011, the deferred tax asset of the Company’s taxable REIT subsidiary, CREC, equaled $79.0 million and $86.0 million, respectively, with a valuation allowance placed against the full amount. The conclusion that a valuation allowance should be recorded was based on losses at CREC in current and recent years, and the inability of the Company to predict, with any degree of certainty, when CREC would generate income in the future in amounts sufficient to utilize the deferred tax asset.
As of December 31, 2012, the Company’s federal and state combined net operating loss (“NOL”) carryforwards are $197.7 million, which will expire between 2023 and 2031, if unused. In addition, the Company has Alternative Minimum Tax (“AMT”) credit carryforwards of $63,000 which do not expire. On an after-tax basis, the Company’s federal and state NOL carryforwards and AMT credit carryforwards result in a deferred tax asset of $44.1 million.
The Company has interest carryforwards related to interest deductions of approximately $33.7 million as of both December 31, 2012 and 2011. The Company recorded deferred tax assets of $13.2 million as of both December 31, 2012 and 2011, reflecting the benefit of the interest carryforwards. Although such deferred tax assets do not expire, realization is dependent upon generating sufficient taxable income in the future.