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INCOME TAXES
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES

NOTE 9 — INCOME TAXES

Capstead and a subsidiary for which the Company has elected taxable REIT subsidiary status file separate tax returns in U.S. federal and state jurisdictions, where applicable.  Provided Capstead remains qualified as a REIT and all its taxable income is distributed to stockholders within allowable time limits, no income taxes are due on this income.  Accordingly, no provision has been made for income taxes for Capstead.  Taxable income, if any, of the Company’s largely dormant taxable REIT subsidiary is fully taxable and provision is made for any resulting income taxes.  The Company is no longer subject to examination and the related assessment of tax by federal, state, or local tax authorities for years before 2017.

 For tax years after 2017, the Tax Cuts and Jobs Act (“Tax Act”) repealed the corporate Alternative Minimum Tax (“AMT”).  AMT credit carryforwards became fully utilizable without limitation or, in the absence of regular tax liability, fully refundable over the ensuing four years.  Accordingly, in 2017 the Company’s taxable REIT subsidiary recognized a refund of AMT under the Tax Act and recorded a receivable in Receivables and other assets, which was collected in full in 2020 under the provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) of 2020.

Additionally, the CARES Act modified the rules for REIT net operating losses (“NOL”). A REIT NOL carryover can now only offset 80% of taxable income for losses arising in years beginning after December 31, 2020. The 80% limitation is calculated by multiplying current-year REIT taxable income

before the dividends paid deduction by 80%. For tax years beginning before January 1, 2021, a taxpayer can offset 100% of its income in any given year with an NOL.  Although there will be an annual NOL limitation for tax years starting after December 31, 2020, the Tax Act allows post-2017 NOLs to be carried forward indefinitely. At December 31, 2020 Capstead had an NOL of $90 million that does not expire.

The Company’s effective tax rate differs substantially from statutory federal income tax rates primarily due to the benefit of Capstead’s status as a REIT, along with other items affecting the Company’s effective tax rate as illustrated below for the indicated periods (in thousands):

 

 

Year ended December 31

 

 

 

2020

 

 

2019

 

 

2018

 

Income taxes computed at the federal statutory rate

 

$

2

 

 

$

6

 

 

$

10,515

 

Benefit of REIT status

 

 

 

 

 

-

 

 

 

(10,512

)

Income taxes computed on income of the Company's

   taxable REIT subsidiary

 

 

2

 

 

 

6

 

 

 

3

 

Other change in net deferred income tax assets

 

 

(2

)

 

 

(6

)

 

 

(3

)

Income tax (benefit) provision recorded in

    miscellaneous other revenue (expense)

 

$

 

 

$

 

 

$

 

 

No income taxes were paid during 2020, 2019 or 2018.  Capstead had $17.5 million in net capital loss carryforwards that expired at the end of 2019. At December 31, 2020 Capstead has $68.2 million in net capital loss carryforwards that if unused, expire at the end of 2025.  Significant components of the Company’s taxable REIT subsidiary’s deferred income tax assets and liabilities were as follows as of the indicated dates (in thousands):

 

 

 

December 31

 

 

 

2020

 

 

2019

 

Deferred income tax assets:

 

 

 

 

 

 

 

 

Net operating loss carryforwards (a)

 

$

71

 

 

$

24

 

Other

 

 

9

 

 

 

10

 

 

 

 

80

 

 

 

34

 

Deferred income tax liabilities

 

 

 

 

 

 

Net deferred tax assets

 

$

80

 

 

$

34

 

Valuation allowance (b)

 

$

80

 

 

$

34

 

 

(a)

The increase in net operating loss carryforward from 2019 to 2020 is due to a carryforward correction noted in reconciliation against filed tax returns.

(b)

Because this subsidiary is not expected to earn significant amounts of taxable income, related net deferred tax assets are fully reserved at December 31, 2020.