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Note 13 - Federal and State Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

Note 13. Federal and State Income Taxes

Federal and state income tax expense was comprised of the following components for the years ended December 31, 2018, 2017, and 2016:

 

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

    

2016

Current

 

$

2,722,635

 

$

10,976,005

 

$

11,969,194

Deferred

 

 

6,292,477

 

 

(6,029,555)

 

 

(3,066,407)

 

 

$

9,015,112

 

$

4,946,450

 

$

8,902,787

 

A reconciliation of the expected federal income tax expense to the income tax expense included in the consolidated statements of income was as follows for the years ended December 31, 2018, 2017, and 2016:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Year Ended December 31, 

 

 

 

2018

 

2017

 

2016

 

 

 

 

 

 

% of

 

 

 

 

% of

 

 

 

 

% of

 

 

 

 

 

 

Pretax

 

 

 

 

Pretax

 

 

 

 

Pretax

 

 

    

Amount

    

Income

    

Amount

    

Income

    

Amount

    

Income

 

Computed "expected" tax expense

 

$

10,948,310

 

21.0

%  

$

14,228,535

 

35.0

%  

$

12,806,351

 

35.0

%

Effect of graduated tax rates

 

 

 —

 

 —

 

 

 —

 

 —

 

 

(250,013)

 

(0.7)

 

Tax exempt income, net

 

 

(3,957,851)

 

(7.6)

 

 

(5,653,979)

 

(13.9)

 

 

(4,343,270)

 

(11.9)

 

Bank-owned life insurance

 

 

(342,667)

 

(0.6)

 

 

(630,855)

 

(1.5)

 

 

(619,988)

 

(1.7)

 

State income taxes, net of federal benefit, current year

 

 

2,680,581

 

5.2

 

 

1,764,671

 

4.3

 

 

1,245,524

 

3.4

 

Change in unrecognized tax benefits

 

 

(44,629)

 

(0.1)

 

 

(53,699)

 

(0.1)

 

 

121,008

 

0.3

 

New Markets Tax Credits and other credits

 

 

(154,200)

 

(0.3)

 

 

(341,268)

 

(0.8)

 

 

(180,000)

 

(0.5)

 

Acquisition costs

 

 

226,599

 

0.4

 

 

 —

 

 —

 

 

176,050

 

0.5

 

Excess tax benefit on stock options exercised and restricted stock awards vested

 

 

(425,142)

 

(0.8)

 

 

(1,219,483)

 

(3.0)

 

 

 —

 

 —

 

Re-measurement of deferred tax asset to incorporate newly enacted tax rates

 

 

 —

 

 —

 

 

(2,918,606)

 

(7.2)

 

 

 —

 

 —

 

Other

 

 

84,111

 

0.1

 

 

(228,866)

 

(0.6)

 

 

(52,875)

 

(0.1)

 

Federal and state income tax expense

 

$

9,015,112

 

17.3

%  

$

4,946,450

 

12.2

%  

$

8,902,787

 

24.3

%

 

Changes in the unrecognized tax benefits included in other liabilities are as follows for the years ended December 31, 2018 and 2017:

 

 

 

 

 

 

 

 

    

2018

    

2017

Balance, beginning

 

$

1,293,268

 

$

1,346,967

Impact of tax positions taken during current year

 

 

286,994

 

 

333,253

Gross decrease related to tax positions of prior years

 

 

(178,058)

 

 

(40,584)

Reduction as a result of a lapse of the applicable statute of limitations

 

 

(153,565)

 

 

(346,368)

Balance, ending

 

$

1,248,639

 

$

1,293,268

 

Included in the unrecognized tax benefits liability at December 31, 2018 are potential benefits of approximately $1.0 million that, if recognized, would affect the effective tax rate.

The liability for unrecognized tax benefits includes accrued interest for tax positions, which either do not meet the more-likely-than-not recognition threshold or where the tax benefit is measured at an amount less than the tax benefit claimed or expected to be claimed on an income tax return. At December 31, 2018 and 2017, accrued interest on uncertain tax positions was approximately $205 thousand and $150 thousand, respectively. Estimated interest related to the underpayment of income taxes is classified as a component of “income tax expense” in the statements of income.

The Company’s federal income tax returns are open and subject to examination from the 2015 tax return year and later. Various state franchise and income tax returns are generally open from the 2014 and later tax return years based on individual state statutes of limitations.

Note 13. Federal and State Income Taxes (continued)

The net deferred tax assets consisted of the following as of December 31, 2018 and 2017:

 

 

 

 

 

 

 

 

    

2018

    

2017

Deferred tax assets:

 

 

  

 

 

  

Alternative minimum tax credits

 

$

2,911,031

 

$

6,513,502

Historic tax credits

 

 

1,937,170

 

 

 —

New markets tax credits

 

 

 —

 

 

2,164,727

Net unrealized losses on securities available for sale and derivative instruments

 

 

1,687,162

 

 

498,860

Compensation

 

 

6,771,593

 

 

6,282,603

Loan/lease losses

 

 

9,548,985

 

 

8,029,714

Net operating loss carryforwards, federal and state

 

 

849,335

 

 

959,627

Other

 

 

52,738

 

 

34,962

 

 

 

23,758,014

 

 

24,483,995

Deferred tax liabilities:

 

 

  

 

 

  

Premises and equipment

 

 

2,716,592

 

 

2,400,397

Equipment financing leases

 

 

18,329,372

 

 

15,367,705

Acquisition fair value adjustments

 

 

2,739,038

 

 

1,864,599

Investment accretion

 

 

30,533

 

 

30,656

Deferred loan origination fees, net

 

 

482,380

 

 

115,153

Other

 

 

424,335

 

 

430,125

 

 

 

24,722,250

 

 

20,208,635

Net deferred tax assets (liabilities)

 

$

(964,236)

 

$

4,275,360

 

At December 31, 2018, the Company had $4.0 million of federal tax net operating loss carryforwards which are set to expire in varying amounts between 2029 and 2033. At December 31, 2018, the Company had $2.1 million of state tax net operating loss carryforwards which are set to expire in varying amounts between 2023 and 2028. All of the federal tax net operating loss carryforwards and the state tax net operating loss carryforwards were acquired from Community National and CNB.

The change in deferred income taxes was reflected in the Consolidated Financial Statements as follows for the years ended December 31, 2018, 2017, and 2016:

 

 

 

 

 

 

 

 

 

 

 

    

2018

    

2017

    

2016

Provision for income taxes

 

$

6,292,477

 

$

(6,029,555)

 

$

(3,066,407)

Net deferred tax asset acquired

 

 

 —

 

 

 —

 

 

(3,310,553)

Net deferred tax asset resulting from acquisition adjustments

 

 

(52,717)

 

 

243,195

 

 

5,110,015

Re-measurement of deferred tax asset to incorporate newly enacted tax rates

 

 

 —

 

 

2,918,606

 

 

 —

Statement of stockholders' equity- Other comprehensive income (loss)

 

 

(1,000,164)

 

 

668,085

 

 

(202,691)

 

 

$

5,239,596

 

$

(2,199,669)

 

$

(1,469,636)

 

The Tax Act was enacted on December 22, 2017 and reduces the federal corporate tax rate from 35% to 21%. As a result, the Company revalued the deferred tax assets and liabilities to reflect the lower federal corporate tax rate, which resulted in the Company recognizing a benefit of $2.9 million in the fourth quarter of 2017. Additionally, while the Tax Act eliminated the corporate alternative minimum tax, it did preserve the alternative minimum tax credit and the usability.