Income Taxes

12 Months Ended

Dec. 31, 2022

Income Taxes

Income Taxes

15. Income Taxes

For the years ended December 31, 2022, 2021 and 2020, the provision (benefit) for income taxes was comprised of the following:

	Year Ended December 31,
(dollars in thousands)	2022		2021		2020
Current:
Federal	$	50,895	$	53,534	$	55,535
State and local		12,493		15,607		21,831
Total current		63,388		69,141		77,366
Deferred:
Federal		13,639		8,837		(10,638)
State and local		8,499		5,283		(8,758)
Total deferred		22,138		14,120		(19,396)
Total provision for income taxes	$	85,526	$	83,261	$	57,970

The Company files Federal and state income tax returns for its subsidiaries. The Company’s subsidiary also files income tax returns in Guam, Saipan and certain other state jurisdictions. The Company had a current income tax receivable due from various jurisdictions of $14.2 million and $27.9 million as of December 31, 2022 and 2021, respectively, for its share of consolidated and combined tax overpayments that had not yet been received.

The components of net deferred income tax assets and liabilities at December 31, 2022 and 2021, were as follows:

	December 31,
(dollars in thousands)	2022		2021
Assets:
Deferred compensation expense	$	51,064	$	58,497
Allowance for credit losses and nonperforming assets		47,517		50,161
Lease liabilities		17,284		17,534
Investment securities		233,859		40,108
State income taxes		2,619		3,440
Total deferred income tax assets before valuation allowance		352,343		169,740
Valuation allowance		(983)		(1,082)
Total deferred income tax assets after valuation allowance		351,360		168,658
Liabilities:
Leases		(15,739)		(15,785)
Deferred income		(20,893)		(14,213)
Lease right-of-use assets		(16,763)		(17,132)
Intangible assets		(736)		(577)
Other		(34,910)		(24,779)
Total deferred income tax liabilities		(89,041)		(72,486)
Net deferred income tax assets	$	262,319	$	96,172

Net deferred income tax assets were included in other assets in the consolidated balance sheets as of December 31, 2022 and 2021.

Management evaluated the deferred income tax assets for recoverability by considering negative and positive evidence. Negative evidence included the uncertainty of generating future capital gains and restrictions on the ability to sell low-income housing investments during periods when carrybacks of capital losses are allowed. Positive evidence included the generation of capital gains in the current year and carryback years. Based on the weight of all available evidence, management determined a valuation allowance to offset deferred tax assets related to investments in low-income housing projects that can only be utilized to offset capital gains was required. Management further concluded it is more likely than not that the remaining deferred tax assets will be realized through carryback to taxable income in prior years, future reversals of existing taxable temporary differences, and projected future taxable income. Consequently, the remaining deferred income tax assets are not subject to a valuation allowance.

The following analysis reconciles the Federal statutory income tax rate to the effective income tax rate for the years ended December 31, 2022, 2021 and 2020:

	Year Ended December 31,
	2022				2021				2020
(dollars in thousands)	Amount		Percent		Amount		Percent		Amount		Percent
Federal statutory income tax expense and rate	$	73,754	21.00	%	$	73,289	21.00	%	$	51,182	21.00	%
State and local taxes, net of federal income tax benefit		16,584	4.72			16,503	4.73			10,327	4.24
Tax credits		(3,963)	(1.13)			(2,745)	(0.79)			(3,914)	(1.60)
Nontaxable income		(1,133)	(0.32)			(3,274)	(0.94)			(3,678)	(1.51)
Other		284	0.08			(512)	(0.14)			4,053	1.66
Income tax expense and effective income tax rate	$	85,526	24.35	%	$	83,261	23.86	%	$	57,970	23.79	%

The Company is subject to examination by the Internal Revenue Service (“IRS”) and tax authorities in states in which the Company has significant business operations. The tax years under examination and open for examination vary by jurisdiction. The Company’s 2010 to 2013, 2016 and 2017 tax returns are currently under IRS examination. In addition, refund claims and tax returns for certain years are being reviewed by state jurisdictions. No material adjustments are anticipated as a result of these examinations and reviews. The Company’s income tax returns for 2019 and subsequent tax years generally remain subject to examination by U.S. federal and foreign jurisdictions, and 2018 and subsequent years are subject to examination by state taxing authorities.

A reconciliation of the amount of unrecognized tax benefits is as follows for the years ended December 31, 2022, 2021 and 2020:

	Year Ended December 31,
	2022						2021						2020
			Interest						Interest						Interest
			and						and						and
(dollars in thousands)	Tax		Penalties		Total		Tax		Penalties		Total		Tax		Penalties		Total
Balance at beginning of year	$	183,311	$	20,743	$	204,054	$	135,595	$	18,926	$	154,521	$	134,312	$	14,701	$	149,013
Additions for current year tax positions		1,289		—		1,289		1,366		—		1,366		1,426		—		1,426
Additions for Reorganization Transactions		—		974		974		47,282		941		48,223		—		1,479		1,479
Additions for prior years' tax positions:
Accrual of interest and penalties		—		860		860		—		1,264		1,264		—		2,812		2,812
Reductions for prior years' tax positions:
Expiration of statute of limitations		(849)		(103)		(952)		(932)		(388)		(1,320)		(143)		(66)		(209)
Balance at December 31,	$	183,751	$	22,474	$	206,225	$	183,311	$	20,743	$	204,054	$	135,595	$	18,926	$	154,521

Included in the balance of unrecognized tax benefits for the years ended December 31, 2022, 2021 and 2020, was $24.2 million, $23.1 million and $22.2 million, respectively, of unrecognized tax benefits that, if recognized, would impact the effective tax rate.

In connection with the Reorganization Transactions discussed below, the Company recorded unrecognized tax benefits and interest and penalties of $121.4 million and $7.0 million, respectively. Included in the balance of the unrecognized tax benefits as of December 31, 2022, was $141.2 million attributable to tax refund claims with respect to tax years 2005 through 2013 and 2015 in the State of California. Such refund claims were filed by the Company in 2015, 2019 and 2021, on behalf of the Company and its affiliates, including BOW, concerning the determination of taxes for which no benefit is currently recognized. It is reasonably possible that the amount of unrecognized tax benefits could decrease within the next 12 months by as much as $2.1 million of taxes and $0.8 million of accrued interest and penalties as a result of settlements and the expiration of the statute of limitations in various states. On February 1, 2023, Bank of Montreal acquired Bank of the West from BNP Paribas SA. This transaction, and the resulting change in ownership, could affect the unrecognized tax benefits related to the years when the Company was included in consolidated and combined returns with Bank of the West.

The Company recognizes interest and penalties attributable to both unrecognized tax benefits and undisputed tax adjustments in the provision for income taxes. For the years ended December 31, 2022, 2021 and 2020, the Company recorded $0.8 million, $0.8 million and $4.4 million, respectively, of net expense attributable to interest and penalties. The Company had a liability of $24.1 million and $22.3 million as of December 31, 2022 and 2021, respectively, accrued for interest and penalties, of which $22.5 million and $20.7 million as of December 31, 2022 and 2021, respectively, were attributable to unrecognized tax benefits and the remainder was attributable to tax adjustments which are not expected to be in dispute.

Prior to the Reorganization Transactions, the Company filed consolidated U.S. Federal and combined state tax returns that incorporated the tax receivables and unrecognized tax benefits of FHB and BOW. The consummation of the Reorganization Transactions did not relieve the Company of the pre-Reorganization Transactions tax receivables and unrecognized tax benefits recognized by BOW that were included in the Company's consolidated and combined tax returns. As a result, on April 1, 2016, the Company recorded $72.8 million related to current tax receivables, $116.6 million related to unrecognized tax benefits, and an indemnification payable of $28.6 million. As of both December 31, 2022 and 2021, the Company maintained balances of $130.5 million related to current tax receivables. As of December 31, 2022 and 2021, the Company maintained balances of $158.1 million and $157.4 million, respectively, related to unrecognized tax benefits, and an indemnification receivable of $27.6 million and $26.9 million, respectively. Additionally, in connection with the Reorganization Transactions, the Company has incurred certain tax-related liabilities related to the distribution of its interest in BWHI amounting to $95.4 million. The amount necessary to pay the distribution taxes (net of the expected federal tax benefit of $33.4 million) was paid by BNPP to the Company on April 1, 2016. The Company reported total distribution taxes of $92.1 million in the 2016 tax returns of various state and local jurisdictions, and reimbursed BWHI approximately $2.1 million pursuant to a tax sharing agreement entered into on April 1, 2016 and pursuant to certain tax allocation agreements entered into among the parties. The Company expects that any future adjustment to such taxes will be similarly reimbursed to, or funded by, BWHI, BNPP or their affiliates. Accordingly, the assumption of the pre-Reorganization Transactions tax receivables, unrecognized tax benefits and distribution tax liabilities and the offsetting indemnification receivables or payables were reflected as equity contributions and distributions on April 1, 2016. The reimbursement of distribution taxes to BWHI was also reflected as an adjustment to equity. If there are any future adjustments to the indemnified tax receivables or unrecognized tax benefits, including as a result of the IRS audit of the Company’s income tax returns, an offsetting adjustment to the indemnification receivables or payables will be recorded to the provision for income taxes and other noninterest income or expense. For the years ended December 31, 2022, 2021 and 2020, the Company recorded nil, nil and $1.2 million, respectively, of such adjustments through the provision for income taxes and noninterest income.