XML 52 R17.htm IDEA: XBRL DOCUMENT v3.10.0.1
Note 10 - Income Taxes Level 1 (Notes)
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
Income Tax Disclosure [Text Block] Income Taxes
Income Tax Provision
The components of our consolidated income tax provision from continuing operations are as follows:
 
Year Ended December 31,
(In thousands)
2018
 
2017
 
2016
Current provision (benefit)
$
(42,398
)
 
$
59,122

 
$
4,546

Deferred provision
120,573

 
166,527

 
170,887

Total income tax provision
$
78,175

 
$
225,649

 
$
175,433


The reconciliation of taxes computed at the statutory tax rate of 21% in 2018 and 35% in 2017 and 2016 to the provision for income taxes is as follows:
 
Year Ended December 31,
(In thousands)
2018
 
2017
 
2016
Provision for income taxes computed at the statutory tax rate
$
143,679

 
$
121,358

 
$
169,290

Change in tax resulting from:


 


 


Repurchase premium on convertible notes

 
(96
)
 
9,988

State tax provision (benefit), net of federal impact
5,570

 
(15,641
)
 
(8,974
)
Valuation allowance
(1,856
)
 
18,197

 
10,663

Remeasurement of net deferred tax assets due to the TCJA

 
102,617

 

Impact related to settlement of IRS Matter
(73,585
)
 

 

Other, net
4,367

 
(786
)
 
(5,534
)
Provision for income taxes
$
78,175

 
$
225,649

 
$
175,433


Deferred Tax Assets and Liabilities
The significant components of our net deferred tax assets and liabilities from continuing operations are summarized as follows:
 
December 31,
(In thousands)
2018
 
2017
Deferred tax assets:
 
 
 
Accrued expenses
$
17,487

 
$
30,267

Unearned premiums
34,686

 
35,035

Differences in fair value of financial instruments
1,115

 

Net unrealized loss on investments
16,297

 

State income taxes
67,069

 
68,577

Partnership investments

 
47,991

Loss reserves
1,044

 
1,397

Alternative minimum tax credit carryforward

 
57,086

Goodwill and intangibles
35,068

 
36,947

Deferred policy acquisition and ceding commission costs
15,288

 
14,888

Share-based compensation
10,776

 
10,190

Other
13,091

 
16,421

Total deferred tax assets
211,921

 
318,799

Deferred tax liabilities:
 

 
 

Partnership investments
639

 

Differences in fair value of financial instruments

 
3,833

Net unrealized gain on investments

 
6,792

Depreciation
12,201

 
11,138

Other
2,942

 
2,446

Total deferred tax liabilities
15,782

 
24,209

Less: Valuation allowance
64,496

 
65,023

Net deferred tax asset
$
131,643

 
$
229,567


Tax Reform
On December 22, 2017, H.R.1, the TCJA, was signed into law. In accordance with the provisions of the accounting standard regarding accounting for income taxes, changes in tax rates and tax law are accounted for in the period of enactment, which, for federal legislation, is the date the President signed the bill into law. Effective January 1, 2018, the TCJA, among other things, reduced the federal corporate income tax rate from 35% to 21%, repealed the corporate alternative minimum tax and modified certain limitations on executive compensation. Under GAAP, the effect of tax rate changes on deferred tax balances is recorded as a component of the income tax provision related to continuing operations for the period in which the new tax law is enacted.
Accordingly, in 2017, we recognized a non-cash income tax expense of $102.6 million related to the remeasurement of our net deferred tax assets, which was included as a component of the income tax provision for the year ended December 31, 2017. Additionally, as a result of finalizing our interpretation of related guidance, we completed our accounting in the fourth quarter of 2018 during the one-year measurement period from the enactment date, as provided under Staff Accounting Bulletin No. 118, “Income Tax Accounting Implications of the Tax Cuts and Jobs Act,” issued by the SEC staff in December 2017. No material adjustments to our provisional amounts were required.
For periods beginning after December 31, 2017, we began realizing a significant reduction in our annualized effective tax rate, before considering Discrete Items, primarily due to the reduction in the federal corporate tax rate from 35% to 21%.
Current and Deferred Taxes
As of December 31, 2018, we recorded a net current income tax receivable of $43.8 million, which primarily relates to the unused portion of our qualified deposits relating to our IRS settlement, partially offset by liabilities of $33.6 million related to applying the standards of accounting for uncertainty in income taxes. We have $2.2 million of U.S. NOL carryforwards, related to our March 2018 acquisition of EnTitle, which is subject to limitation under IRC Section 382. To the extent not utilized, the U.S. NOL carryforwards will expire by tax year 2038. Certain entities within our consolidated group have also generated deferred tax assets of approximately $67.7 million, relating primarily to state and local NOL carryforwards which, if unutilized, will expire during various future tax periods.
Valuation Allowances
We are required to establish a valuation allowance against our deferred tax assets when it is more likely than not that all or some portion of our deferred tax assets will not be realized. At each balance sheet date, we assess our need for a valuation allowance. Our assessment is based on all available evidence, both positive and negative. This requires management to exercise judgment and make assumptions regarding whether our deferred tax assets will be realized in future periods. We have determined that certain non-insurance entities within Radian may continue to generate taxable losses on a separate company basis in the near term and may not be able to fully utilize certain state and local NOLs on their state and local tax returns. Therefore, with respect to deferred tax assets relating to these state and local NOLs and other state timing adjustments, we retained a valuation allowance of $64.5 million at December 31, 2018 and $65.0 million at December 31, 2017.
Tax Benefit Preservation Measures
We currently have a tax benefit preservation plan, together with certain amendments to our amended and restated bylaws and our amended and restated certificate of incorporation (collectively, our “Tax Benefit Preservation Measures”), that was established to protect our ability to utilize our NOLs and other tax attributes by attempting to prevent an “ownership change” under U.S. federal income tax rules. Our Tax Benefit Preservation Measures expire in 2019.
IRS Matter
In July 2018, we finalized a settlement with the IRS related to adjustments we had been contesting that resulted from the examination by the IRS of our 2000 through 2007 consolidated federal income tax returns. The IRS opposed the recognition of certain tax losses and deductions that were generated through our investment in a portfolio of non-economic REMIC residual interests and proposed denying the associated tax benefits of these items.
This settlement with the IRS resolved the issues and concluded all disputes related to the IRS Matter. In the three-month period ended June 30, 2018, we recorded tax benefits of $73.6 million, which includes both the impact of the settlement with the IRS as well as the reversal of certain previously accrued state and local tax liabilities. In 2018, under the terms of the settlement, Radian utilized its “qualified deposits” with the U.S. Treasury to settle its $31 million obligation to the IRS, and in 2019, the Company expects the IRS to refund to Radian the remaining $58 million that was previously on deposit. See Note 9 for additional information about these qualified deposits.
Unrecognized Tax Benefits
As of December 31, 2018, we have $16.6 million of unrecognized tax benefits that would affect the effective tax rate, if recognized. We have no interest or penalty accrued as of December 31, 2018. Our policy for the recognition of interest and penalties associated with uncertain tax positions is to record such items as a component of our income tax provision, of which $2.2 million and $1.8 million were recorded for the years ended December 31, 2017 and 2016, respectively. In 2018, we recorded an income tax benefit of $61.6 million for interest and penalties primarily related to our IRS settlement.
A reconciliation of the beginning and ending unrecognized tax benefits is as follows:
 
Year Ended December 31,
(In thousands)
2018
 
2017
Balance at beginning of period
$
123,951

 
$
123,028

Tax positions related to the current year:
 
 
 
Increases
5,058

 
2,343

Tax positions related to prior years:
 
 
 
Increases
26,465

 
24,122

Decreases
(43,146
)
 
(1,437
)
Settlements with taxing authorities
(52,353
)
 

Lapses of applicable statute of limitation
(26,423
)
 
(24,105
)
Balance at end of period
$
33,552

 
$
123,951


Our total net unrecognized tax benefits decreased by $90.4 million from December 31, 2017 to December 31, 2018, primarily due to a $43.1 million decrease in prior year tax positions and a $52.4 million decrease due to settlements with taxing authorities. The settlement of the IRS Matter was the primary contributor to both of these decreases. These decreases were partially offset by an increase of $26.5 million in our net unrecognized tax benefits related to prior years. This net increase primarily reflects the impact of unrecognized tax benefits associated with our recognition of certain premium income. Although unrecognized tax benefits for this item decreased due to the expiration of the applicable statute of limitations for the taxable period ended December 31, 2014, the related amounts continued to impact subsequent years and resulted in a corresponding increase to the unrecognized tax benefits. Over the next twelve months, our unrecognized tax benefits may decrease by approximately $6.5 million due to the expiration of the applicable statute of limitations relating to the 2015 tax year. The statute of limitations related to our federal consolidated income tax return remains open for tax years 2015-2017. Additionally, among the entities within our consolidated group, various tax years remain open to potential examination by state and local taxing authorities.