Note 12 - Income Taxes

12 Months Ended

Dec. 31, 2023

Notes to Financial Statements

Income Tax Disclosure [Text Block]

12.         Income Taxes

For the years ended December 31, 2023, 2022, and 2021, the current and deferred amounts of the income tax expense are summarized as follows:

	Year Ended December 31,
	2023			2022			2021
	(In thousands)
Current:
Federal	$	5,428		$	57,029		$	29,955
State		48,812			56,953			44,416
Total Current	$	54,240		$	113,982		$	74,371
Deferred:
Federal	$	(1,676	)	$	(1,776	)	$	5,986
State		(3,106	)		(312	)		3,182
Total Deferred	$	(4,782	)	$	(2,088	)	$	9,168
Total income tax expense	$	49,458		$	111,894		$	83,539

Temporary differences between the amounts reported in the financial statements and the tax basis of assets and liabilities give rise to deferred taxes. Net deferred tax assets as of December 31, 2023 and 2022, are included in other assets in the accompanying Consolidated Balance Sheets and are as follows:

	As of December 31,
	2023			2022
	(In thousands)
Deferred Tax Assets
Loan loss allowance	$	50,126		$	47,673
Accrual for bonuses		4,636			2,591
Non-accrual interest		2,164			1,572
Write-down on equity securities and venture capital investments		2,018			1,975
Depreciation and amortization		765			—
State tax		5,693			6,251
Unrealized loss on securities available-for-sale, net		31,728			40,400
Tax credits carried forward		9,136			9,136
Net operating loss carried forward		3,787			5,916
Other, net		7,632			4,711
Gross deferred tax assets	$	117,685		$	120,225
Deferred Tax Liabilities
Deferred loan costs	$	(9,687	)	$	(10,025	)
Depreciation and amortization		—			(2,856	)
Unrealized gain on interest rate swaps		(838	)		(1,364	)
Unrealized gain on equity securities		(4,863	)		—
Dividends on Federal Home Loan Bank common stock		(977	)		(981	)
Other, net		(3,916	)		(3,506	)
Gross deferred tax liabilities	$	(20,281	)	$	(18,732	)
Net deferred tax assets	$	97,404		$	101,493

Amounts for the current year are based upon estimates and assumptions and could vary from amounts shown on the tax returns as filed.

As of December 31, 2023, the Company’s gross net operating loss (“NOL”) carryovers, all of which are subject to limitation under Section 382 of the Internal Revenue Code, totaled approximately $2.3 million for which a deferred tax asset of $0.5 million has been recorded reflecting the expected benefit of these federal NOL carryovers. At December 31, 2023, the Company has California NOL carryovers of $33.5 million for which a California deferred tax asset of $3.3 million has been recorded reflecting the expected benefit of these California NOL carryovers.  The annual IRC Section 382 limitation is $10.2 million per year until 2021 and decreases to $8.8 million in 2022 and $7.3 million per year thereafter. If not utilized, a portion of the Company’s federal and state NOL’s will begin to expire in 2030. At December 31, 2023, the Company’s federal tax credit carryovers and AMT tax credit carryovers total $7.5 million and $1.0 million, respectively.  If not utilized, the federal tax credit carryovers will begin to expire in 2028.  The AMT tax credit carryovers can be carried forward indefinitely. 

In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent on the generation of future taxable income during the periods in which those temporary differences become deductible. Management considers the projected future taxable income and tax planning strategies in making this assessment. Based upon the level of historical taxable income and projections for future taxable income over the periods in which the deferred tax assets are deductible, management believes it is more likely than not the Company will realize all benefits related to these deductible temporary differences.

The Company had current income tax receivables of $33.7 million as of December 31, 2023, and $16.7 million as of December 31, 2022. The Company had $15.9 million of tax credits generated in 2023 that will be credited back to 2022. Current income tax receivable is included in other assets in the accompanying Consolidated Balance Sheets. 

The Company’s tax returns are open for audits by the Internal Revenue Service back to 2020 and by the California Franchise Tax Board back to 2019.  The Company is currently under audit by the California Franchise Tax Board for 2020.  It is reasonably possible that unrecognized tax benefits could change significantly over the next twelve months. The Company does not expect that any such changes would have a material impact on its annual effective tax rate.

Income tax expense results in effective tax rates that differ from the statutory federal income tax rate for the years indicated as follows:

	Year Ended December 31,
	2023					2022					2021
	(Dollars in thousands)
Tax provision at Federal statutory rate	$	84,752		21.0	%	$	99,233		21.0	%	$	80,187		21.0	%
State income taxes, net of Federal income tax benefit		36,107		9.0			44,837		9.5			37,602		9.8
Excess deduction for stock option and RSUs		(586	)	(0.1	)		(140	)	—			(20	)	—
Low income housing and other tax credits		(73,715	)	(18.3	)		(34,231	)	(7.2	)		(32,795	)	(8.6	)
Other, net		2,900		0.7			2,195		0.4			(1,435	)	(0.3	)
Total income tax expense	$	49,458		12.3	%	$	111,894		23.7	%	$	83,539		21.9	%