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INCOME TAXES | 9 Months Ended
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Sep. 30, 2023
INCOME TAXES [Abstract] |
INCOME TAXES | NOTE 17 – INCOME TAXES Income tax expense includes Puerto Rico and USVI income taxes, as well as applicable U.S. federal and state taxes. The Corporation is subject to Puerto Rico income tax on its income from all sources. As a Puerto Rico corporation, FirstBank is treated as a foreign corporation for U.S. and USVI income tax purposes and, accordingly, is generally subject to U.S. and USVI income tax only on its income from sources within the U.S. and USVI or income effectively connected with the conduct of a trade or business in those jurisdictions. Any such tax paid in the U.S. and USVI is also creditable against the Corporation’s Puerto Rico tax liability, subject to certain conditions and limitations. Under the Puerto Rico Internal Revenue Code of 2011 (the “2011 PR Code”), the Corporation and its subsidiaries are treated as separate taxable entities and are not entitled to file consolidated tax returns and, thus, the Corporation is generally not entitled to utilize losses from one subsidiary to offset gains in another subsidiary. Accordingly, in order to obtain a tax benefit from a net operating loss (“NOL”), a particular subsidiary must be able to demonstrate sufficient taxable income within the applicable NOL carry-forward period. Pursuant to the 2011 PR Code, the carry-forward period for NOLs incurred during taxable years that commenced after December 31, 2004 and ended before January 1, 2013 is 12 years; for NOLs incurred during taxable years commencing after December 31, 2012, the carryover period is 10 years. The 2011 PR Code provides a dividend received deduction of 100 % on dividends received from “controlled” subsidiaries subject to taxation in Puerto Rico and 85 % on dividends received from other taxable domestic corporations. The Corporation has maintained an effective tax rate lower than the Puerto Rico maximum statutory rate of 37.5 % mainly by investing in government obligations and MBS exempt from U.S. and Puerto Rico income taxes and by doing business through an international banking entity (an “IBE”) unit of the Bank, and through the Bank’s subsidiary, FirstBank Overseas Corporation, whose interest income and gains on sales are exempt from Puerto Rico income taxation. The IBE unit and FirstBank Overseas Corporation were created under the International Banking Entity Act of Puerto Rico, which provides for total Puerto Rico tax exemption on net income derived by IBEs operating in Puerto Rico on the specific activities identified in the IBE Act. An IBE that operates as a unit of a bank pays income taxes at the corporate standard rates to the extent that the IBE’s net income exceeds 20 % of the bank’s total net taxable income. For the third quarter of 2023, the Corporation recorded an income tax expense of $ 27.0 million compared to $ 32.0 million in the third quarter of 2022. For the first nine months of 2023, the Corporation recorded an income tax expense of $ 89.2 million compared to $ 109.2 million for the same period in 2022. The decrease in income tax expense for the third quarter of 2023, as compared to the same quarter of the previous year, was the result of a lower effective tax rate due to increased business activities in a wholly-owned subsidiary of FirstBank, which is engaged in lending and investing activities, that provided additional tax advantages under the Puerto Rico tax code, as well as a higher proportion of exempt income to taxable income. The decrease in income tax expense for the first nine months of 2023, as compared to the same period in 2022, was mainly related to lower pre-tax income , the aforementioned tax advantages and a higher proportion of exempt to taxable income. The Corporation’s estimated annual effective tax rate, excluding entities with pre-tax losses from which a tax benefit cannot be recognized and discrete items, was 28.2 % for the first nine months of 2023, compared to 31.8 % for the first nine months of 2022. As of September 30, 2023, the Corporation had a deferred tax asset of $ 150.8 million, net of a valuation allowance of $ 195.1 million against the deferred tax asset, compared to a deferred tax asset of $ 155.6 million, net of a valuation allowance of $ 185.5 million, as of December 31, 2022. The net deferred tax asset of the Corporation’s banking subsidiary, FirstBank, amounted to $ 150.8 million as of September 30, 2023, net of a valuation allowance of $ 157.9 million, compared to a net deferred tax asset of $ 155.6 million, net of a valuation allowance of $ 149.5 million, as of December 31, 2022. The Corporation maintains a full valuation allowance for its deferred tax assets associated with capital losses carry forward and unrealized losses of available-for-sale debt securities. In 2017, the Corporation completed a formal ownership change analysis within the meaning of Section 382 of the U.S. Internal Revenue Code (“Section 382”) covering a comprehensive period and concluded that an ownership change had occurred during such period. The Section 382 limitation has resulted in higher U.S. and USVI income tax liabilities that we would have incurred in the absence of such limitation. The Corporation has mitigated to an extent the adverse effects associated with the Section 382 limitation as any such tax paid in the U.S. or USVI can be creditable against Puerto Rico tax liabilities or taken as a deduction against taxable income. However, our ability to reduce our Puerto Rico tax liability through such a credit or deduction depends on our tax profile at each annual taxable period, which is dependent on various factors. For the quarter and nine-month period ended September 30, 2023, the Corporation incurred current income tax expense of approximately $ 2.8 million and $ 6.8 million, respectively, related to its U.S. operations, compared to $ 3.0 million and $ 7.1 million, respectively, for comparable periods in 2022. The limitation did not impact the USVI operations in the quarters and nine-month periods ended September 30, 2023 and 2022. The Corporation accounts for uncertain tax positions under the provisions of ASC Topic 740. The Corporation’s policy is to report interest and penalties related to unrecognized tax positions in income tax expense. As of September 30, 2023, the Corporation had $ 0.2 million of accrued interest and penalties related to uncertain tax positions in the amount of $ 0.8 million that it acquired from BSPR, which, if recognized, would decrease the effective income tax rate in future periods. The amount of unrecognized tax benefits may increase or decrease in the future for various reasons, including adding amounts for current tax year positions, expiration of open income tax returns due to the statute of limitations, changes in management’s judgment about the level of uncertainty, the status of examinations, litigation and legislative activity, and the addition or elimination of uncertain tax positions. The statute of limitations under the 2011 PR Code is four years after a tax return is due or filed, whichever is later; the statute of limitations for U.S. and USVI income tax purposes is three years after a tax return is due or filed, whichever is later. The completion of an audit by the taxing authorities or the expiration of the statute of limitations for a given audit period could result in an adjustment to the Corporation’s liability for income taxes. Any such adjustment could be material to the results of operations for any given quarterly or annual period based, in part, upon the results of operations for the given period. For U.S. and USVI income tax purposes, all tax years subsequent to 2019 remain open to examination. For Puerto Rico tax purposes, all tax years subsequent to 2018 remain open to examination.

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