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Income Taxes
12 Months Ended
Dec. 31, 2020
Components Of Income Tax Expense Benefit Continuing Operations [Abstract]  
Income Taxes

NOTE 24 – Income Taxes

The provision for income taxes consists of the following (in thousands)

  

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Current taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

143,859

 

 

$

123,802

 

 

$

89,971

 

State

 

 

42,705

 

 

 

30,464

 

 

 

36,070

 

Foreign

 

 

(236

)

 

 

1,684

 

 

 

99

 

 

 

 

186,328

 

 

 

155,950

 

 

 

126,140

 

Deferred taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(31,019

)

 

 

(7,027

)

 

 

11,932

 

State

 

 

(5,803

)

 

 

4,266

 

 

 

2,267

 

Foreign

 

 

(1,818

)

 

 

(4,037

)

 

 

55

 

 

 

 

(38,640

)

 

 

(6,798

)

 

 

14,254

 

Provision for income taxes

 

$

147,688

 

 

$

149,152

 

 

$

140,394

 

 

Reconciliation of the statutory federal income tax rate with our company’s effective income tax rate is as follows (in thousands)

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Statutory rate

 

$

136,744

 

 

$

125,485

 

 

$

112,215

 

State income taxes, net of federal income tax

 

 

27,934

 

 

 

28,333

 

 

 

30,762

 

Change in uncertain tax position

 

 

666

 

 

 

2,661

 

 

 

(617

)

Foreign tax rate difference

 

 

(2,032

)

 

 

(629

)

 

 

(318

)

Excess tax benefit from stock-based compensation

 

 

(21,605

)

 

 

(9,670

)

 

 

(3,700

)

Revaluation of deferred tax assets

 

 

 

 

 

 

 

 

(3,006

)

Other, net

 

 

5,981

 

 

 

2,972

 

 

 

5,058

 

 

 

$

147,688

 

 

$

149,152

 

 

$

140,394

 

 

Tax effect of temporary differences and carryforwards that comprise significant portions of deferred tax assets and liabilities (in thousands)

 

 

December 31,

 

 

 

2020

 

 

2019

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Lease liabilities

 

$

211,524

 

 

$

181,607

 

Deferred compensation

 

 

79,068

 

 

 

80,389

 

Accrued expenses

 

 

73,835

 

 

 

26,166

 

Receivable reserves

 

 

41,963

 

 

 

33,199

 

Net operating loss carryforwards

 

 

32,727

 

 

 

28,781

 

Other

 

 

3,311

 

 

 

3,210

 

Total deferred tax assets

 

 

442,428

 

 

 

353,352

 

Valuation allowance

 

 

(11,740

)

 

 

(5,042

)

 

 

 

430,688

 

 

 

348,310

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Lease ROU asset

 

 

(210,670

)

 

 

(180,598

)

Goodwill and other intangibles

 

 

(51,189

)

 

 

(46,625

)

Depreciation

 

 

(15,371

)

 

 

(7,231

)

Unrealized gain on investments

 

 

(11,585

)

 

 

(5,619

)

Prepaid expenses

 

 

(5,396

)

 

 

(3,857

)

 

 

 

(294,211

)

 

 

(243,930

)

Net deferred tax asset

 

$

136,477

 

 

$

104,380

 

 

Our net deferred tax asset at December 31, 2020, includes net operating loss carryforwards of $226.2 million that expire between 2024 and 2040. Certain of our net operating loss carryforwards do not expire. A valuation allowance is recorded to the extent that it is more likely than not that any portion of the deferred tax asset will not be realized. The valuation allowance was increased by $6.7 million.

We believe the realization of the remaining net deferred tax asset of $136.5 million is more likely than not based on the ability to carry back losses against prior year taxable income for tax years before 2021 and carry forward net operating losses indefinitely after 2021, and expectations of future taxable income, which is supported by a history of cumulative income.

The current tax payable, included in accounts payable and accrued expenses, is $38.2 million and $15.0 million as of December 31, 2020 and 2019, respectively. At December 31, 2020 and 2019, the Company did not have a tax receivable.

As of December 31, 2020, we considered all undistributed earnings of non-U.S. subsidiaries to be permanently reinvested. Therefore, we have not provided for any U.S. deferred income taxes. Because the time or manner of repatriation is uncertain, we cannot determine the impact of local taxes, withholding taxes and foreign tax credits associated with the future repatriation of such earnings, and therefore cannot quantify the tax liability that would be payable in the event all such foreign earnings are repatriated.

Uncertain Tax Positions

As of December 31, 2020 and 2019, we had $4.0 million and $3.4 million, respectively, of gross unrecognized tax benefits, all of which, if recognized, would impact the effective tax rate. We recognize interest and penalties related to uncertain tax positions in provision for income taxes in the consolidated statements of operations. As of December 31, 2020 and 2019, we had accrued interest and penalties of $0.4 million and $0.2 million, respectively, before benefit of federal tax deduction, included in accounts payable and accrued expenses in our consolidated statements of financial condition. The amount of interest and penalties recognized in our consolidated statements of operations for the years ended December 31, 2020, 2019, and 2018, was not significant.

The following table summarizes the activity related to our company’s unrecognized tax benefits from January 1, 2018 to December 31, 2020 (in thousands)

 

 

Year Ended December 31,

 

 

 

2020

 

 

2019

 

 

2018

 

Beginning balance

 

$

3,387

 

 

$

312

 

 

$

3,180

 

Increase related to prior year tax positions

 

 

977

 

 

 

2,173

 

 

 

4

 

Decrease related to prior year tax positions

 

 

(11

)

 

 

(54

)

 

 

(33

)

Increase related to current year tax positions

 

 

790

 

 

 

956

 

 

 

191

 

Decrease related to settlements with taxing authorities

 

 

(1,181

)

 

 

 

 

 

(3,030

)

Ending balance

 

$

3,962

 

 

$

3,387

 

 

$

312

 

We file income tax returns with the U.S. federal jurisdiction, various states, and certain foreign jurisdictions. We are not subject to U.S. federal examination for taxable years before 2013. We are not subject to certain state and local, or non-U.S. income tax examinations for taxable years before 2010.

There is a reasonable possibility that the unrecognized tax benefits will change within the next 12 months as a result of the expiration of various statutes of limitations or for the resolution of U.S. federal and state examinations, but we do not expect this change to be material to the consolidated financial statements.