Income Taxes

Income tax provision

The Company and its subsidiaries file a consolidated federal income tax return. The income tax expense (benefit) consisted of the following components:



	Year Ended December 31,
	2017			2016			2015
	(Amounts in thousands)
Federal
Current	$	10,898		$	17,444		$	21,942
Deferred	10,934			(21,947		)	(25,594		)
	$	21,832		$	(4,503	)	$	(3,652	)
State
Current	$	955		$	2,239		$	943
Deferred	(579		)	(56		)	(1,203		)
	$	376		$	2,183		$	(260	)
Total
Current	$	11,853		$	19,683		$	22,885
Deferred	10,355			(22,003		)	(26,797		)
Total	$	22,208		$	(2,320	)	$	(3,912	)

As a result of the Tax Cuts and Jobs Act of 2017 (the "Act"), the Company’s deferred tax assets and liabilities were remeasured using the new corporate tax rate of 21% that is effective for tax years beginning January 1, 2018, rather than the pre-enactment corporate tax rate of 35%. Additionally, the Company recorded a provisional 6.6% sequestration reduction to its alternative minimum tax (“AMT”) credit resulting from repeal of the corporate AMT and reclassification of AMT credit carryforwards to current taxes receivable as a refundable credit. These adjustments resulted in a net tax benefit of approximately $7.4 million, which is reflected in net income for the twelve months ended December 31, 2017.

In computing taxable income, property and casualty insurers reduce underwriting income by losses and loss adjustment expenses incurred. The amount of the deduction for losses incurred associated with unpaid losses is discounted at the interest rates and for the loss payment patterns prescribed by the U.S. Treasury. The Act changes the prescribed interest rates to rates based on corporate bond yield curves and extends the applicable time periods for the loss payment pattern. These changes are effective for tax years beginning after 2017 and are subject to a transition rule that spreads the additional tax payments from the amount determined by applying these changes versus the previous calculated amount over the subsequent eight years beginning in 2018. The changes included in the Act related to discounting of unpaid losses are broad and complex. The Securities Exchange Commission has issued rules that would allow for a measurement period of up to one year after the enactment date of the Act to finalize the recording of the related tax impacts. The transitional impact of the Act will be finalized and recorded by the measurement period.

The following table presents a reconciliation of the tax expense based on the statutory rate to the Company's actual tax expense (benefit) in the consolidated statements of operations:



	Year Ended December 31,
	2017			2016			2015
	(Amounts in thousands)
Computed tax expense at 35%	$	58,480		$	24,753		$	24,699
Tax-exempt interest income	(26,038		)	(26,197		)	(26,993		)
Dividends received deduction	(2,296		)	(2,303		)	(1,613		)
State tax expense	158			1,907			(287		)
Nondeductible expenses	348			303			575
Cumulative impact from change in tax rate	(11,449		)	—			—
Reduction of AMT credit carryforward due to sequestration	4,088			—			—
Other, net	(1,083		)	(783		)	(293		)
Income tax expense (benefit)	$	22,208		$	(2,320	)	$	(3,912	)

Deferred Income Taxes

Deferred tax assets and liabilities are recognized for the estimated future tax consequences attributable to differences between the financial reporting basis and the respective tax basis of the Company’s assets and liabilities, and expected benefits of utilizing net operating loss, capital loss, and tax-credit carryforwards. The ultimate realization of deferred tax assets is dependent upon generating sufficient taxable income of the appropriate character within the carryback and carryforward periods available under the tax law. Management considers the reversal of deferred tax liabilities, projected future taxable income of an appropriate nature, and tax-planning strategies in making this assessment. The Company believes that through the use of prudent tax planning strategies and the generation of capital gains, sufficient income will be realized in order to maximize the full benefits of its deferred tax assets.

The following table presents the significant components of the Company’s net deferred tax assets and liabilities:



	December 31,
	2017			2016
	(Amounts in thousands)
Deferred tax assets:
20% of net unearned premiums	$	47,110		$	77,104
Discounting of loss reserves and salvage and subrogation recoverable for tax purposes	6,451			9,864
Write-down of impaired investments	387			726
Tax credit carryforwards	230			47,238
Expense accruals	6,192			11,090
Other deferred tax assets	3,174			8,828
Total gross deferred tax assets	63,544			154,850

Deferred tax liabilities:
Deferred policy acquisition costs	(41,612		)	(70,289		)
Tax liability on net unrealized gain on securities carried at fair value	(27,574		)	(15,612		)
Tax depreciation in excess of book depreciation	(5,686		)	(10,446		)
Undistributed earnings of insurance subsidiaries	(3,907		)	(3,985		)
Tax amortization in excess of book amortization	(2,280		)	(3,030		)
Other deferred tax liabilities	(5,417		)	(6,211		)
Total gross deferred tax liabilities	(86,476		)	(109,573		)

Net deferred tax (liabilities) assets	$	(22,932	)	$	45,277

In accordance with the Act, the Company’s deferred tax assets and liabilities were remeasured using the newly enacted corporate tax rate of 21%. Additionally, the Company’s alternative minimum tax credit carryforward balance of $57.9 million and $47.2 million at December 31, 2017 and 2016, respectively, was reclassified to current income taxes receivable as a refundable credit. The Company believes it will realize the full benefit of the AMT credit no later than the tax year ending December 31, 2021.

Uncertainty in Income Taxes

The Company recognizes tax benefits related to positions taken, or expected to be taken, on its tax returns, only if the positions are "more-likely-than-not" sustainable. Once this threshold has been met, the Company’s measurement of its expected tax benefits is recognized in its financial statements.

There was a $3.3 million decrease to the total amount of unrecognized tax benefits related to tax uncertainties during 2017. The decrease was the result of tax positions taken regarding federal tax credits, settlement of California audit for tax years 2003 through 2010, and state tax apportionment issues based on management’s judgment and latest information available. The Company does not expect any changes in such unrecognized tax benefits to have a material impact on its consolidated financial statements within the next 12 months.

The Company and its subsidiaries file income tax returns with the Internal Revenue Service and the taxing authorities of various states. Tax years that remain subject to examination by major taxing jurisdictions are 2014 through 2016 for federal taxes and 2011 through 2016 for California state taxes. For tax years 2003 through 2010, the Company achieved a resolution with the Franchise Tax Board (“FTB”) in December 2017 and paid a $4.6 million negotiated settlement amount in accordance with the settlement agreement provided by the FTB and signed by the Company. The Company believes that resolution of tax years 2003 through 2010 has the potential to establish guidance for future audit assessments proposed by the FTB for future tax years.

The Company is currently under examination for tax years 2011 through 2016. For tax years 2011 through 2013, the FTB issued Notices of Proposed Assessments ("NPAs") to the Company, which the Company intends to formally protest. If a reasonable settlement is not reached, the Company intends to pursue other options, including a formal hearing with the FTB, an appeal with the California Office of Tax Appeals, or litigation in Superior Court. For tax years 2014 through 2016, the FTB commenced its audit in December 2017.

The Company believes that the resolution of these examinations and assessments will not have a material impact on the consolidated financial statements.

The following table presents a reconciliation of the beginning and ending balances of unrecognized tax benefits:



	December 31,
	2017			2016
	(Amounts in thousands)
Balance at January 1	$	12,954		$	12,165
Additions (reductions) based on tax positions related to:
Current year	85			688
Prior years	(3,365		)	101
Additions (reductions) as a result of lapse of the applicable statute of limitations	—			—
Balance at December 31	$	9,674		$	12,954

If unrecognized tax benefits were recognized, $10.1 million and $11.8 million, including accrued interest, penalties and federal tax benefit related to unrecognized tax benefits, would impact the Company’s effective tax rate at December 31, 2017 and 2016, respectively.

The Company does not expect the total amount of unrecognized tax benefits to materially increase within the next 12 months.

The Company recognizes interest and penalties related to unrecognized tax benefits as a part of income taxes. The Company recognized an accrued net (benefit) expense related to interest and penalty of $(1,104,000), $606,000, and $112,000 for the years ended December 31, 2017, 2016, and 2015, respectively. The net benefit for the year ended December 31, 2017 is largely due to reversal of accrued interest and penalty following the settlement with the FTB for tax years 2003 through 2010. The Company carried an accrued interest and penalty balance of $2,417,000 and $3,521,000 at December 31, 2017 and 2016, respectively.