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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES
Income/(loss) before income taxes by geographic area was as follows:
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
 
 
(In thousands)
Domestic
 
$
222,178

 
$
231,798

 
$
174,964

Foreign
 
5,193

 
(49,627
)
 
(10,564
)
Total income before income taxes
 
$
227,371

 
$
182,171

 
$
164,400


Federal, state and foreign income tax provisions/(benefits) were as follows:
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
 
 
(In thousands)
Federal:
 
 
 
 
 
 
Current
 
$
57,321

 
$
66,973

 
$
49,590

Deferred
 
18,704

 
15,528

 
22,549

State:
 
 
 
 
 
 
Current
 
4,636

 
5,165

 
4,849

Deferred
 
1,878

 
1,768

 
727

Foreign:
 
 
 
 
 
 
Current
 
4,187

 
4,150

 
4,638

Deferred
 
(6,420
)
 
(5,412
)
 
(10,957
)
Provision for income taxes
 
$
80,306

 
$
88,172

 
$
71,396

Actual income tax expense differed from income tax expense computed by applying the U.S. federal statutory corporate tax rate of 35% to income before income taxes in 2016, 2015 and 2014 as follows:
 
 
Year Ended December 31,
 
 
2016
 
2015
 
2014
 
 
(In thousands)
Provision at the U.S. federal statutory rate
 
$
79,580

 
$
63,760

 
$
57,540

Increase (decrease) resulting from:
 
 
 
 
 
 
State income tax, net of benefit for federal deduction
 
4,230

 
4,448

 
5,267

Foreign income tax rate differential
 
(2,799
)
 
(2,002
)
 
(3,188
)
Employment credits
 
(821
)
 
(407
)
 
(481
)
Changes in valuation allowances
 
749

 
14,667

 
9,507

Non-deductible goodwill
 
34

 
4,651

 

Deductible goodwill
 

 

 
(10,209
)
Stock-based compensation
 
368

 
386

 
245

Convertible debt redemption
 

 

 
9,727

Other
 
(1,035
)
 
2,669

 
2,988

Provision for income taxes
 
$
80,306

 
$
88,172


$
71,396


During 2016, the Company recorded a tax provision of $80.3 million. Certain expenses for stock-based compensation recorded in 2016 were non-deductible for income tax purposes. The Company provided valuation allowances with respect to goodwill and net operating losses of certain Brazil subsidiaries, as well as state net operating losses in the U.S., based on expectations concerning their realizability. As a result of the impact of a relatively higher proportion of the Company’s pretax income being generated in the Company’s U.K. region, relatively less valuation allowances recognized in 2016 compared to 2015 and the 2015 items discussed below, the effective tax rate for the year ended December 31, 2016 decreased to 35.3%, as compared to 48.4% for the year ended December 31, 2015.
During 2015, the Company recorded a tax provision of $88.2 million. Certain expenses for stock-based compensation recorded in 2015 were non-deductible for income tax purposes. The Company provided valuation allowances with respect to goodwill and net operating losses of certain Brazil subsidiaries, as well as state net operating losses in the U.S., based on expectations concerning their realizability. In addition, no substantial deferred tax benefit relative to the impairment of goodwill in the Brazil reporting unit was recognized for U.S. GAAP reporting purposes. As a result of these items, and the impact of the 2014 items discussed below, the effective tax rate for the year ended December 31, 2015 increased to 48.4%, as compared to 43.4% for the year ended December 31, 2014.
During 2014, the Company recorded a tax provision of $71.4 million. Certain expenses for stock-based compensation recorded in 2014 were non-deductible for income tax purposes. A portion of the U.S. GAAP loss on the extinguishment of the 2.25% Notes and 3.00% Notes was also not deductible for tax purposes. This was partially offset by the net tax benefit from tax deductible goodwill in Brazil resulting from a restructuring during 2014. The Company also had non-deductible goodwill from the dispositions of certain domestic dealerships, as well as non-deductible transaction costs related to foreign acquisitions. The Company provided valuation allowances with respect to certain foreign company deferred tax assets including tax deductible goodwill in Brazil, as well as state net operating losses in the U.S., based on expectations concerning their realizability. As a result of these items, and the impact of the items occurring in 2013, the effective tax rate for the year ended December 31, 2014 increased to 43.4%, as compared to 40.6% for the year ended December 31, 2013.
Deferred income tax provisions resulted from temporary differences in the recognition of income and expenses for financial reporting purposes and for tax purposes. The tax effects of these temporary differences representing deferred tax assets/liabilities resulted principally from the following:
 
 
December 31,
 
 
2016
 
2015
 
 
(In thousands)
Deferred tax assets:
 
 
 
 
Loss reserves and accruals
 
$
59,884

 
$
53,747

Interest rate swaps
 
5,598

 
11,671

Goodwill and intangible franchise rights
 
5,907

 
7,621

U.S. state net operating loss (“NOL”) carryforwards
 
16,848

 
17,413

Depreciation expense
 
775

 

Foreign NOL carryforwards
 
34,946

 
20,408

Deferred tax assets
 
123,958

 
110,860

Valuation allowance on deferred tax assets
 
(53,946
)
 
(46,547
)
Net deferred tax assets
 
$
70,012

 
$
64,313

Deferred tax liabilities:
 
 
 
 
Goodwill and intangible franchise rights
 
$
(160,439
)
 
$
(143,509
)
Depreciation expense
 
(64,465
)
 
(53,619
)
Deferred gain on bond redemption
 
(1,023
)
 
(1,535
)
Other
 
(3,317
)
 
(1,060
)
Deferred tax liabilities
 
(229,244
)
 
(199,723
)
Net deferred tax liability
 
$
(159,232
)
 
$
(135,410
)

As of December 31, 2016, the Company had state NOL carryforwards in the U.S. of $252.6 million that will expire between 2017 and 2036, and foreign NOL carryforwards of $104.9 million that may be carried forward indefinitely. To the extent that the Company expects that net income will not be sufficient to realize these NOLs in certain jurisdictions, a valuation allowance has been established.
The Company believes it is more likely than not, that its deferred tax assets, net of valuation allowances provided, will be realized, based primarily on our expectation of future taxable income, considering future reversals of existing taxable temporary differences, as well as the availability of taxable income in prior years to carry back losses to recover taxes previously paid.
As of December 31, 2016, the Company has not provided for U.S. deferred taxes on $46.0 million of undistributed earnings and associated withholding taxes of its foreign subsidiaries, as the Company has taken the position that its foreign earnings will be permanently reinvested outside the U.S. If a distribution of those earnings were to be made, the Company may be subject to both foreign withholding taxes and U.S. income taxes, net of any allowable foreign tax credits or deductions, of up to approximately $5.9 million.
The Company is subject to income tax in U.S. federal and numerous state jurisdictions, as well as in the U.K. and Brazil. Based on applicable statutes of limitations, the Company is generally no longer subject to examinations by U.S. tax authorities in years prior to 2012, by U.K. tax authorities in years prior to 2012 and by Brazil tax authorities in years prior to 2011.
The Company had no unrecognized tax benefits as of December 31, 2016 and 2015.
The Company did not incur any interest and penalties nor did it accrue any interest for the years ended December 31, 2016 and 2015. When applicable, consistent with prior practice, the Company recognizes interest and penalties related to uncertain tax positions in income tax expense.