Income Taxes | 9 Months Ended |
|---|---|
Sep. 30, 2011 | |
| Income Taxes [Abstract] | |
| INCOME TAXES |
NOTE 11 — INCOME TAXES
We have elected to be taxed as a REIT under the Internal Revenue Code of 1986, as amended (the
“Code”), commencing with the year ended December 31, 1999. We have also elected for certain of our
subsidiaries to be treated as taxable REIT subsidiaries (“TRS” or “TRS entities”), which are
subject to federal and state income taxes. Although the TRS entities were not liable for any cash
federal income taxes for the nine months ended September 30, 2011, their federal income
tax liabilities may increase in future periods as we exhaust net operating loss carryforwards
and as our senior living operations and MOB operations reportable segments grow. Such increases
could be significant.
Our consolidated provision for income taxes for the three months ended September 30, 2011 and
2010 was a benefit of $13.9 million and an expense of $1.7 million, respectively. These amounts
were adjusted by income tax expense of $0 million and $0.6 million, respectively, related to the
noncontrolling interest share of net income. Our consolidated provision for income taxes for the
nine months ended September 30, 2011 and 2010 was a benefit of $23.3 million and an expense of $2.4
million, respectively. These amounts were adjusted by income tax expense of $0 million and $1.6
million, respectively, related to the noncontrolling interest share of net income. The benefit for
the three and nine months ended September 30, 2011 primarily
relates to the reversal of certain income
tax contingency reserves, including interest, and the deferred tax liabilities established for the
Atria Senior Living acquisition. The statute of limitations with
respect to our 2007 U.S. federal
income tax returns expired in September 2011. We did not recognize any income tax expense as a
result of the litigation proceeds that we received in the third quarter of 2011, as no income taxes
are payable on these proceeds.
Realization of a deferred tax benefit related to net operating losses is dependent in part
upon generating sufficient taxable income in future periods. Our net operating loss carryforwards
begin to expire in 2024 with respect to our TRS entities and in 2020 with respect to our other
entities.
Each TRS is a tax paying component for purposes of classifying deferred tax assets and
liabilities. Net deferred tax liabilities with respect to our TRS entities totaled $274.9 million
and $241.3 million at September 30, 2011 and December 31, 2010, respectively, and related primarily
to differences between the financial reporting and tax bases of fixed and intangible assets and to
net operating losses. This amount includes the initial net deferred tax liability related to the
Atria Senior Living acquisition of $43.9 million and adjustments for activity for the period from
May 12, 2011 through September 30, 2011.
Generally, we are subject to audit under the statute of limitations by the Internal Revenue
Service for the year ended December 31, 2008 and subsequent years and are subject to audit by state
taxing authorities for the year ended December 31, 2007 and subsequent years. We are also subject
to audit by the Canada Revenue Agency and provincial authorities generally for periods subsequent
to 2004 related to entities acquired or formed in connection with our Sunrise REIT acquisition.
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