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Income Taxes
6 Months Ended
Jun. 30, 2021
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 5 — INCOME TAXES

 

For interim income tax reporting the Company estimates its annual effective tax rate and applies it to its year-to-date ordinary income. The tax effects of unusual or infrequently occurring items, including changes in judgment about valuation allowances and effects of changes in tax laws or rates, are reported in the interim period in which they occur. The Company’s effective income tax rate was a provision of 27.8% on income before income taxes and a benefit of 19.6% on loss before income taxes for the three and six months ended June 30, 2021, respectively, compared to benefits of 22.4% and 2.9% on loss before income taxes for the three and six months ended June 30, 2020, respectively.

 

The Company recognizes deferred income tax assets, net of applicable reserves, related to net operating losses, tax credit carryforwards and certain temporary differences. The Company recognizes future tax benefits to the extent that realization of such benefit is more likely than not. Otherwise, a valuation allowance is applied.

 

The Company decreased its valuation allowance for its foreign tax credits (“FTCs”) by $2 million and $5 million in the three and six months ended June 30, 2021, respectively, with a corresponding increase to benefit for income taxes. The Company's FTCs are attributable to the Macau Special Gaming Tax, which is 35% of gross gaming revenue in Macau. Significant judgment is required in assessing the need for a valuation allowance and future changes to assumptions used in this assessment could result in material changes in the valuation allowance with a corresponding impact on the provision for income taxes in the period including such change.

 

MGM Grand Paradise accepted the terms of an extension of its annual fee arrangement on July 26, 2021.  The extension covers the distributions of profits earned for the period of April 1, 2020 through June 26, 2022.  The agreement with the Macau government allows MGM Grand Paradise to settle the 12% complementary tax that would otherwise be due by its shareholder, MGM China, on distributions of its gaming profits by paying a flat annual fee regardless of the amount of distributable dividends. The agreement requires payments of approximately $1.4 million for the period April 1, 2020 through December 31, 2020, $1.9 million for January 1, 2021 through December 31, 2021, and $0.9 million for the period January 1, 2022 through June 26, 2022.  No amounts have been accrued for the 12% complementary tax on distributions of gaming profits earned after March 31, 2020 through the period ending June 30, 2021 since MGM Grand Paradise generated losses and the extension of the annual fee arrangement is not effective during this period of time. The Company will accrue income tax expense for amounts due under the extension beginning in the period the extension is executed.

 

During the three months ended June 30, 2021, the Company reached a settlement with the IRS Appeals Office on the examination of its 2014 U.S. consolidated federal income tax return. No cash tax payments were due as a result of the settlement.  During the six months ended June 30, 2021, one of the Company's subsidiaries, Marina District Development Company, LLC, closed an examination in the state of New Jersey for tax years 2015 through 2018 with no change in tax due. As a result of the federal and New Jersey audit closures, the Company reversed $20 million and $30 million of unrecognized tax benefits during the three and six months ended June 30, 2021, respectively.