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Note 7 - Federal, State and Local Income Taxes
12 Months Ended
Apr. 30, 2020
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
7
- Federal, State and Local Income Taxes:
 
In accordance with the requirements of the Income Tax Topic of the FASB's ASC, the Company's provision for income taxes includes the following:
 
   
Fiscal Years Ended April 30,
 
($ in thousands)
 
2020
   
2019
   
2018
 
Current tax expense:
                       
Federal
  $
4,201
    $
2,964
    $
3,853
 
State and local
   
1,353
     
600
     
365
 
Current tax expense
   
5,554
     
3,564
     
4,218
 
Deferred tax expense (benefit):
                       
Federal
   
1
     
(650
)    
(7,021
)
State and local
   
266
     
1,162
     
(37
)
Deferred tax expense (benefit):
   
267
     
512
     
(7,058
)
Income tax provision
  $
5,821
    $
4,076
    $
(2,840
)
 
On
December 22, 2017
H.R.
1,
originally known as the Tax Cuts and Jobs Act (the "Tax Act"), was enacted. The Tax Act lowered the U.S. federal income tax rate ("Federal Tax Rate") from
35%
to
21%
effective
January 1, 2018.
Accordingly, the Company computes Federal income tax expense using the Federal Tax Rate of
21%
in fiscal year
2020
and each year thereafter. The Company computed Federal income tax expense for the
twelve
months ended
April 30, 2019
using the Federal Tax Rate of
21%,
and computed its income tax expense for the
twelve
months ended
April 30, 2018
using a blended Federal Income tax rate of
30.33%.
 
The overall effective income tax rates, as a percentage of pre-tax ordinary income for the
twelve
months ended
April 30, 2020,
April 30, 2019
and
April 30, 2018
were
27.09%,
26.81%
and (
23.87%
), respectively. The increase in the effective tax rate during the
twelve
months ended
April 30, 2020
is primarily a result of an increase in the state and local income taxes to
6.30%
as a result of changes in state and local tax legislation and the effect of the lowering of the NYC tax allocation factor on deferred taxes in fiscal
2019.
The Company's annualized overall effective tax rate fluctuates due to a number of factors, in addition to changes in tax law, including but
not
limited to an increase or decrease in the ratio of items that do
not
have tax consequences to pre-tax income, the Company's geographic profit mix between tax jurisdictions, taxation method adopted by each locality, new interpretations of existing tax laws and rulings and settlements with tax authorities.
 
The overall change in the effective Federal tax rate during the
twelve
months ended
April 30, 2019
and
April 30, 2018
is primarily a result of the reduced Federal Tax Rate. As mentioned above, in fiscal
2018
the U.S. statutory federal corporate income tax rate was reduced from
35%
to
21%,
which resulted in a tax benefit of
54.51%
of pre-tax income for the
twelve
months ended
April 30, 2018,
primarily attributable to the effect on the long-term deferred tax liability. The Company re-calculated its net deferred tax assets and liabilities using the Federal Tax Rate under the Tax Act and allocated it directly to both current and deferred income tax expenses from continuing operations. In addition, due to evolving state tax legislation, the Company's state and local effective income tax rate, net of Federal income tax benefit, increased from
0.7%
of pretax income for the
twelve
months ended
April 30, 2018,
to
6.02%
of pretax income for the
twelve
months ended
April 30, 2019.
 
Deferred income taxes, a liability, are provided for temporary differences between the financial reporting basis and the tax basis of the Company's assets and liabilities. The tax effect of temporary differences giving rise to the Company's long-term deferred tax liability are as follows:
 
   
Fiscal Years Ended April 30,
 
($ in thousands)
 
2020
   
2019
 
Federal tax liability (benefit):
               
Deferred gain on deconsolidation of EAM
  $
10,669
    $
10,669
 
Deferred non-cash post-employment compensation
   
(372
)    
(372
)
Depreciation and amortization
   
108
     
130
 
Unrealized gain on securities held for sale
   
299
     
446
 
Right of Use Asset
   
(182
)    
-
 
Deferred charges
   
(166
)    
(354
)
Other
   
(207
)    
(279
)
Total federal tax liability
   
10,149
     
10,240
 
                 
State and local tax liabilities (benefits):
               
Deferred gain on deconsolidation of EAM
   
2,564
     
2,530
 
Deferred non-cash post-employment compensation
   
(88
)    
(74
)
Depreciation and amortization
   
44
     
40
 
Unrealized gain on securities held for sale
   
72
     
106
 
Other
   
110
     
(218
)
Total state and local tax liabilities
   
2,702
     
2,384
 
Deferred tax liability, long-term
  $
12,851
    $
12,624
 
 
The tax effect of temporary differences giving rise to the Company's long-term deferred tax liability is primarily a result of the federal, state and local taxes related to the
$50,805,000
gain from deconsolidation of the Company's asset management and mutual fund distribution subsidiaries, partially offset by the long-term tax benefit related to the non-cash post-employment compensation of
$1,770,000
granted to VLI's former employee.
 
The Company uses the effective income tax rate determined to provide for income taxes on a year-to-date basis and reflects the tax effect of any tax law changes and certain other discrete events in the period in which they occur.
 
The provision for income taxes differs from the amount of income tax determined by applying the applicable U.S. statutory income tax rate to pre-tax income as a result of the following:
 
   
Fiscal Years Ended April 30,
 
   
2020
   
2019
   
2018
 
U.S. statutory federal tax rate
   
21.00
%    
21.00
%    
30.33
%
Increase (decrease) in tax rate from:
                       
Effect on deferred tax liabilities from federal tax rate reduction to 21%
   
-
     
-
     
(54.51
)%
State and local income taxes, net of federal income tax benefit
   
6.30
%    
6.02
%    
0.70
%
Effect of dividends received deductions
   
(0.24
)%    
(0.24
)%    
(0.49
)%
Other, net
   
0.03
%    
0.03
%    
0.10
%
Effective income tax rate
   
27.09
%    
26.81
%    
(23.87
)%
 
The Company believes that, as of
April 30, 2020,
there were
no
material uncertain tax positions that would require disclosure under GAAP.
 
The Company is included in the consolidated federal income tax return of the Parent. The Company has a tax sharing agreement which requires it to make tax payments to the Parent equal to the Company's liability/(benefit) as if it filed a separate return. Beginning with the fiscal year ended
April 30, 2017,
the Company files combined income tax returns with the Parent on a unitary basis in certain states as a result of changes in state tax regulations.
 
The Company's federal income tax returns (included in the Parent's consolidated returns) and state and city tax returns for fiscal years ended
2017
through
2019,
are subject to examination by the tax authorities, generally for
three
years after they are filed with the tax authorities. The Company is presently engaged in a New York City tax audit for the fiscal years ended
April 30, 2017
through
2019
and does
not
expect it to have a material effect on the financial statements.