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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes

Note 14 - Income Taxes

Income (loss) before income tax expense includes the following (dollars in thousands):

    Year Ended December 31,  
    2011     2010     2009  
United States $ (1,391 ) $ (1,566 ) $ 10,870  
Foreign   (147 )   2,451     (2,821 )
Income (loss) before income tax benefit (expense), equity earnings                  
(loss) of unconsolidated joint ventures and entities, and                  
discontinued operations $ (1,538 ) $ 885   $ 8,049  
Net income attributable to noncontrolling interests:                  
United States   (604 )   (309 )   (359 )
Foreign   (336 )   (307 )   (29 )
Equity earnings and gain on sale of unconsolidated subsidiary:                  
United States   33     86     421  
Foreign   (1,585 )   1,259     (36 )
Gain on sale of discontinued operation:                  
United States   --     --     --  
Foreign   1,656     --     --  
Income (loss) before income tax expense $ (2,374 ) $ 1,614   $ 8,046  

 

Significant components of the provision for income taxes are as follows (dollars in thousands):

  Year Ended December 31,
    2011     2010   2009
Current income tax expense (benefit)              
Federal $ 1,332   $ 7,730 $ 690
State   531     5,239   320
Foreign   1,067     1,295   942
Total   2,930     14,264   1,952
Deferred income tax expense (benefit)              
Federal   --     --   --
State   --     --   --
Foreign   --     --   --
Total   --     --   --
Increase (decrease) in valuation allowance              
Federal   --     --   --
State   --     --   --
Foreign   (15,260 )   --   --
Total   (15,260 )   --   --
Total income tax expense (benefit) $ (12,330 ) $ 14,264 $ 1,952

 

     

Deferred income taxes reflect the "temporary differences" between the financial statement carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, adjusted by the relevant tax rate. The components of the deferred tax assets and liabilities are as follows (dollars in thousands):


    December 31,  
Components of Deferred Tax Assets and Liabilities   2011     2010  
Deferred Tax Assets:            
Net operating loss carry forwards $ 35,455   $ 37,824  
Impairment reserves   1,764     961  
Alternative minimum tax carry forwards   2,993     2,993  
Installment sale of cinema property   2,929     5,070  
Deferred revenue and expense   6,378     3,806  
Acquired and option properties   2,924     1,555  
Other   402     2,304  
Net deferred tax assets before valuation allowance   52,845     54,513  
Valuation allowance   (38,461 )   (54,513 )
Net deferred tax asset $ 14,384   $ --  

 

   

In accordance with FASB ASC 740-10 – Income Taxes ("ASC 740-10"), we record net deferred tax assets to the extent we believe these assets will more likely than not be realized. In making such determination, we consider all available positive and negative evidence, including scheduled reversals of deferred tax liabilities, projected future taxable income, tax planning strategies and recent financial performance. ASC 740-10 presumes that a valuation allowance is required when there is substantial negative evidence about realization of deferred tax assets, such as a pattern of losses in recent years, coupled with facts that suggest such losses may continue. Because of such negative evidence available for the U.S., Puerto Rico, and New Zealand, as of December 31, 2011, we recorded a valuation allowance of $38.7 million. After consideration of a number of factors for the Reading Australia group, including its recent history of financial income, its expected future earnings, the increase in market value of its real estate assets, and having executed a credit facility of over $100 million to resolve potential liquidity issues, the Company determined as of July 1, 2011 that it is more likely than not that deferred tax assets in Reading Australia group will be realized. Accordingly, we reversed the full valuation allowance in Australia, resulting in a net deferred tax asset of $14.4 million as of December 31, 2011, with approximately $2.0 million classified as current and $12.4 million as non-current.

               

As of December 31, 2011, we had U.S. net operating loss carry forwards of $33.4 million, of which $26.1 million expire between 2025 and 2030, while $7.3 million expire between 2030 and 2035.

 

In addition to the above net operating loss carry forwards having expiration dates, we have the following carry forwards that have no expiration date at December 31, 2011:

·         approximately $2.9 million in U.S. alternative minimum tax credit carry forwards;

·         approximately $45.9 million in Australian loss carry forwards; and

·         approximately $15.8 million in New Zealand loss carry forwards.

 

We disposed of our Puerto Rico operations during 2005 and plan no further investment in Puerto Rico for the foreseeable future. We have approximately $14.1 million in Puerto Rico loss carry forwards expiring no later than 2018. No material future tax benefits from Puerto Rico loss carry forwards can be recognized by the Company unless it re-enters the Puerto Rico market.

 

We expect no other substantial limitations on the future use of U.S. or foreign loss carry forwards except as may occur for certain losses occurring in New Zealand related to the Landplan operations, which may only be used to offset income and gains from those particular activities, and cannot be shared with their respective consolidated group.

 

U.S. income taxes have not been recognized on the temporary differences between book value and tax basis of investment in foreign subsidiaries. These differences become taxable upon a sale of the subsidiary or upon distribution of assets from the subsidiary to U.S. shareholders. We expect neither of these events will occur in the foreseeable future for any of our foreign subsidiaries.


The provision for income taxes is different from amounts computed by applying U.S. statutory rates to consolidated losses before taxes. The significant reason for these differences follows (dollars in thousands):

    Year Ended December 31,  
    2011     2010     2009  
Expected tax provision (benefit) $ (831 ) $ 554   $ 2,817  
Increase (decrease) in tax expense resulting from:                  
Change in valuation allowance   (15,260 )   (5,595 )   (4,509 )
Expired foreign loss carry forward   1,100     1,816     1,847  
Foreign tax provision   1,067     1,291     942  
Tax effect of foreign tax rates on current income   24     (240 )   528  
State and local tax provision   361     440     320  
Tax/Audit Litigation Settlement   1,375     12,528     --  
Effect of tax rate change   --     3,422     --  
Other items   (166 )   48     7  
Actual tax provision (benefit) $ (12,330 ) $ 14,264   $ 1,952  

 

     

Pursuant to ASC 740-10, a provision should be made for the tax effect of earnings of foreign subsidiaries that are not permanently invested outside the United States. Our intent is that earnings of our foreign subsidiaries are not permanently invested outside the United States. Current earnings were available for distribution in the Reading Australia consolidated group of subsidiaries as of December 31, 2011. There is no withholding tax on dividends paid by an Australian company to its 80% or more U.S. public company shareholder, thus we have not provided foreign withholding taxes for these current retained earnings. We believe the U.S. tax impact of a dividend from our Australian subsidiary, net of loss carry forward and potential foreign tax credits, would not have a material effect on the tax provision as of December 31 2011.

We have accrued $27.3 million in income tax liabilities as of December 31, 2011, of which $14.9 million has been classified as income taxes payable and $12.4 million have been classified as non-current tax liabilities. As part of current tax liabilities, we have accrued $9.8 million in connection with the "Tax/Audit Litigation" matter which has now been settled (see Note 19 – Commitments and Contingencies). As part of noncurrent tax liabilities, we have accrued an additional $10.0 million related to the "Tax Audit/Litigation" matter. Amounts assessed by IRS and expected to be assessed by state income tax agencies in connection with the "Tax Audit/Litigation" matter are no longer recorded under the cumulative probability approach prescribed by FASB ASC 740-10-25 but are recorded as a fixed and determinable liability. We believe the $27.3 million in tax liabilities represents an adequate provision for our income tax exposures.

 

The following table is a summary of the activity related to unrecognized tax benefits, excluding interest and penalties, for the years ending December 31, 2011, December 31, 2010, and December 31, 2009 (dollars in thousands):

    Year Ended December 31,  
    2011     2010     2009  
Unrecognized tax benefits – gross beginning balance $ 8,058   $ 11,412   $ 11,271  
Gross increases – prior period tax provisions   --     --     92  
Gross decreases – prior period tax positions   --     --     --  
Gross increases – current period tax positions   151     405     219  
Settlements   (6,235 )   (3,189 )   --  
Statute of limitations lapse   --     (570 )   (170 )
Unrecognized tax benefits – gross ending balance $ 1,974   $ 8,058   $ 11,412  

 

 

     

We adopted FASB ASC 740-10-25 – Income Taxes - Uncertain Tax Positions ("ASC 740-10-25") on January 1, 2007. In connection, we record interest and penalties related to income tax matters as part of income tax expense.

 

We had approximately $10.8 million and $11.4 million of gross tax benefits as of the adoption date and December 31, 2007, respectively, plus $1.7 million and $2.3 million of tax interest unrecognized on the financial statements as of each date, respectively. The gross tax benefits mostly reflect operating loss carry forwards and the IRS Tax Audit/Litigation case described below.

 

We recorded an increase to our gross unrecognized tax benefits of approximately $0.2 million and an increase to tax interest of approximately $0.6 million during the period January 1, 2009 to December 31, 2009, and the total balance at December 31, 2009 was approximately $15.3 million (of which approximately $3.8 million represents IRS interest). Of the $11.4 million gross unrecognized tax benefit at December 31, 2009, $3.2 million would impact the effective tax rate if recognized. We further recorded a reduction to our gross unrecognized tax benefits of approximately $3.4 million and an increase to tax interest of approximately $8.8 million during the period January 1, 2010 to December 31, 2010, and the total balance at December 31, 2010 was approximately $20.6 million (of which approximately $12.6 million represents IRS interest). Having settled the Tax Audit/Litigation matter described in Note 19 – Commitments and Contingencies, we further recorded a net reduction to our gross unrecognized tax benefits of approximately $6.1 million and a reduction to tax interest of approximately $10.4 million during the period January 1, 2011 to December 31, 2011, resulting in a total balance at December 31, 2011 of approximately $4.1 million, consisting of $1.9 million tax and $2.2 million interest. Of the $4.4 million gross unrecognized tax benefit at December 31, 2011, approximately $3.0 million would impact the effective tax rate if recognized.

 

It is difficult to predict the timing and resolution of uncertain tax positions. Based upon the Company's assessment of many factors, including past experience and judgments about future events, it is probable that within the next 12 months the reserve for uncertain tax positions will increase within a range of $0.5 million to $1.5 million. The reasons for such change include but are not limited to tax positions expected to be taken during 2011, reevaluation of current uncertain tax positions, and expiring statutes of limitations.

 

Our company and subsidiaries are subject to U.S. federal income tax, income tax in various U.S. states, and income tax in Australia, New Zealand, and Puerto Rico.

 

Generally, changes to our federal and most state income tax returns for the calendar year 2007 and earlier are barred by statutes of limitations. Certain domestic subsidiaries filed federal and state tax returns for periods before these entities became consolidated with us. These subsidiaries were examined by IRS for the years 1996 to 1999 and significant tax deficiencies were assessed for those years. Those deficiencies have been settled, as discussed in "Tax Audit/Litigation," Note 19 – Commitments and Contingencies. Our income tax returns of Australia filed since inception in 1995 are generally open for examination. The income tax returns filed in New Zealand and Puerto Rico for calendar year 2006 and afterward remain open for examination as of December 31, 2011.