XML 31 R19.htm IDEA: XBRL DOCUMENT v3.20.2
Income Taxes
9 Months Ended
Sep. 30, 2020
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
The Company’s effective tax rates for the three and nine months ended September 30, 2020 were 9.8% on a pre-tax loss of $52.2 million and 5.5% on a pre-tax loss of $4.7 billion, respectively, as compared to effective tax rates of (134.3)% on a pre-tax income of $12.9 million and 25.0% on a pre-tax loss of $35.3 million for the three and nine months ended September 30, 2019, respectively.
The effective tax rate for the three months ended September 30, 2020 was lower than the statutory federal rate of 21% primarily due to the impact of certain permanent differences, including non-deductible reorganization fees, recorded in the third quarter of 2020, and the impacts of non-controlling interests, partially offset by state income taxes. The effective tax rate for the nine months ended September 30, 2020 was lower than the statutory rate of 21% as a result of maintaining a valuation allowance against substantially all of the Company’s net deferred tax assets. A valuation allowance was initially recorded against substantially all of the Company’s net deferred tax assets as of March 31, 2020 and was maintained as of September 30, 2020.
The effective tax rate for the three months ended September 30, 2019 was lower than the statutory federal rate of 21% primarily due to non-controlling interests, partially offset by state income taxes and the impact of other permanent differences, primarily non-deductible executive compensation. The effective tax rate for the nine months ended September 30, 2019 was higher than the statutory rate primarily due to the impacts of non-controlling interests and state income taxes. These increases were offset by other permanent differences, primarily non-deductible executive compensation and equity-based compensation shortfalls.
Valuation allowance. The Company reported a valuation allowance of $849.4 million and $2.9 million as of September 30, 2020 and December 31, 2019, respectively. Based on the material write-down of the carrying value of the Company’s oil and gas properties recognized in the first quarter of 2020 and the Company’s expected operating results in subsequent quarters, the Company projects it will be in a net deferred tax asset position at December 31, 2020. The Company concluded it is more likely than not that some or all of the benefits from its deferred tax assets will not be realized, and as such, recorded a valuation allowance on these assets. Management assesses the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit the use of deferred tax assets. A significant piece of objective negative evidence evaluated is the cumulative loss incurred over recent years. Such objective negative evidence limits the ability to consider other subjective positive evidence. The amount of the deferred tax asset considered realizable could be adjusted if estimates of future taxable income are reduced or increased or if objective negative evidence in the form of cumulative losses is no longer present and additional weight is given to subjective evidence such as future growth. As such, the Company will continue to assess the valuation allowance on an ongoing basis.
2020 restructuring. Certain of the restructuring transactions contemplated by the RSA may have a material impact on the Company’s tax attributes, the full extent of which is currently unknown. Cancellation of indebtedness income resulting from such restructuring transactions may significantly reduce the Company’s tax attributes, including but not limited to net operating loss carryforwards. Further, the Company will likely experience an ownership change as determined under Internal Review Code (“IRC”) Section 382 upon confirmation of the Plan by the Bankruptcy Court, which may subject certain remaining tax attributes to an annual limitation under Section 382 of the IRC. However, the Company is currently analyzing alternatives within the IRC available to taxpayers in Chapter 11 bankruptcy proceedings that could minimize the impact of an ownership change on tax attributes. Additionally, the Company has incurred and will continue to incur significant one-time costs associated with the Plan, a material amount of which are non-deductible for tax purposes under the IRC.