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INCOME TAXES
 12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
OFG is subject to the provisions of the PR Code. The PR Code imposed a maximum statutory corporate tax rate of 37.5%. OFG has operations in the mainland United States through its wholly owned subsidiaries OPC, OFG Ventures and OFG USA and has two branches in the USVI. The United States subsidiaries are subject to federal income taxes at the corporate level, while the USVI branches are subject to federal income taxes under a mirror system and a 10% surtax included in the maximum tax rate. OPC is subject to Florida state taxes, OFG USA is subject to North Carolina state taxes, and current investments in OFG Ventures are subject to state taxes in Missouri. In addition, during 2021, OFG incorporated in Grand Cayman, as a foreign wholly owned subsidiary, OFG Reinsurance. OFG Reinsurance is tax exempt in Grand Cayman. Effective December 30, 2022, OFG sold its pension plan administration operations in OPC and thereafter OPC ceased its operations.
Under the PR Code, all companies are treated as separate taxable entities and are not entitled to file consolidated tax returns. OFG and its subsidiaries organized under the laws of Puerto Rico are subject to Puerto Rico regular income tax or the AMT on income earned from all sources. OFG’s subsidiaries organized outside of Puerto Rico are taxed in Puerto Rico only with respect to income from Puerto Rico sources or effectively connected to a Puerto Rico trade or business. The AMT is payable if it exceeds regular income tax. The excess of AMT over regular income tax paid in any one year may be used to offset regular income tax in future years, subject to certain limitations.
The components of income tax expense for 2023, 2022, and 2021 were as follows:
Year Ended December 31,
202320222021
(In thousands)
Current income tax expense
$16,027 $16,740 $4,836 
Deferred income tax expense67,349 61,126 63,616 
Total income tax expense$83,376 $77,866 $68,452 
In relation to the exempt income level, the Bank’s investment securities portfolio and loans portfolio generated net tax-exempt interest income of $28.6 million, $26.3 million and $14.4 million during 2023, 2022, and 2021, respectively. OIB generated exempt income of $3.9 million, $4.4 million and $9.5 million for 2023, 2022, and 2021, respectively.
OFG maintained an effective tax rate lower than statutory rate for 2023, mainly related to exempt investments, doing business through OFG's subsidiaries that are fully exempt or have a lower statutory tax rate, and changes in the valuation allowance of OFG.
OFG’s income tax expense differs from amounts computed by applying the applicable statutory rate to income before income taxes as follows:
Year Ended December 31,
202320222021
AmountRateAmountRateAmountRate
(Dollars in thousands)
Income tax expense at statutory rates$99,468 37.50 %$91,539 37.50 %$80,476 37.50 %
Tax of exempt income, net(12,201)-4.60 %(11,523)-4.72 %(9,489)-4.42 %
Disallowed net operating loss carryover(350)-0.13 %(267)(0.11)%(179)(0.08)%
Change in valuation allowance(1,554)-0.59 %(502)(0.21)%803 0.37 %
Unrecognized tax benefits, net69 0.03 %69 0.03 %70 0.03 %
Capital gain at preferential rate472 0.18 %(787)-0.32 %(3)— %
Tax rate difference (ordinary vs capital)(817)-0.31 %(247)-0.10 %(480)-0.22 %
Return to provision adjustments(721)-0.27 %(407)-0.17 %(933)-0.43 %
Difference in tax rates due to multiple jurisdictions(963)-0.36 %— — %187 0.09 %
Other items, net(27)-0.02 %(9)— %(2,000)-0.94 %
Income tax expense$83,376 31.43 %$77,866 31.90 %$68,452 31.90 %
OFG classifies unrecognized tax benefits in other liabilities. These gross unrecognized tax benefits would affect the effective tax rate if realized. At December 31, 2023, the amount of unrecognized tax benefits was $936 thousand (December 31, 2022 - $867 thousand). OFG had accrued $69 thousand at December 31, 2023 (December 31, 2022 - $69 thousand) for the payment of interest and penalties related to unrecognized tax benefits.
The following table presents a reconciliation of unrecognized tax benefits:
Year Ended December 31,
202320222021
(In thousands)
Balance at beginning of year$867 $798 $728 
Additions for tax positions of prior years69 69 70 
Balance at end of year$936 $867 $798 
OFG follows a two-step approach for recognizing and measuring uncertain tax positions. The first step is to evaluate the tax position for recognition by determining if the weight of available evidence indicates that it is more likely than not that the position will be sustained on audit, including resolution of related appeals of litigation processes, if any. The second step is to measure the tax benefit as the largest amount that is more than 50% likely to be realized upon ultimate settlement. The amount of unrecognized tax benefits may increase or decrease in the future due to new or current tax year positions, expiration of open income tax returns, changes in management’s judgment about the level of uncertainty, status of examinations, litigation and legislative activity. For 2023, there was a net increase in unrecognized tax benefit of $69 thousand.
The statute of limitations under the PR Code is four years and the statute of limitations for federal tax purposes is three years, after a tax return is due or filed, whichever is later. OFG is potentially subject to income tax audits in the Commonwealth of Puerto Rico for taxable years 2019 to 2022, until the applicable statute of limitations expires. In addition, OFG’s US subsidiaries are potentially subject to income tax audits by the IRS for taxable years 2020 to 2022. Tax audits by their nature are often complex and can require several years to complete.
The determination of the deferred tax expense or benefit is generally based on changes in the carrying amounts of assets and liabilities that generate temporary differences. The carrying value of OFG’s net deferred tax assets assumes that OFG will be able to generate sufficient future taxable income based on estimates and assumptions. If these estimates and related assumptions change in the future, OFG may be required to record valuation allowances against its deferred tax assets resulting in additional income tax expense in the consolidated statements of operations. Significant components of OFG’s deferred tax assets and liabilities as of December 31, 2023, and 2022 were as follows:
December 31,
20232022
(In thousands)
Deferred tax assets:
Allowance for credit losses and other reserves$58,612 $57,273 
Scotiabank PR discount463 1,453 
Loans and other real estate valuation adjustment1,905 2,313 
Deferred loan charge-offs16,147 72,376 
Net operating loss carry forwards6,548 9,022 
Alternative minimum tax13,553 14,467 
Unrealized net loss on available-for-sale securities11,525 16,422 
Goodwill3,542 10,252 
Acquired portfolio37,374 45,761 
Other assets allowances1,692 1,538 
Other deferred tax assets16,344 16,570 
Total gross deferred tax asset167,705 247,447 
Less: valuation allowance(7,589)(9,143)
Net gross deferred tax assets160,116 238,304 
Deferred tax liabilities:
Acquired loans tax basis(137,143)(137,195)
FDIC-assisted Eurobank acquisition, net(5,481)(5,760)
Customer deposit and customer relationship intangibles(4,943)(7,314)
Building valuation adjustment(6,104)(6,540)
Unrealized net gain included in other comprehensive income— (152)
Servicing asset(15,516)(16,041)
Other deferred tax liabilities(8,450)(9,817)
Total gross deferred tax liabilities(177,637)(182,819)
Net deferred tax (liability) asset
$(17,521)$55,485 

The net deferred tax liability shown in the table above at December 31, 2023 is reflected in the consolidated balance sheet as $4.9 million in deferred tax assets, net of a valuation allowance of $7.0 million, and $22.4 million in the deferred tax liabilities, net with a valuation allowance of $569 thousand, reflecting the aggregate deferred tax assets or liabilities of individual tax-paying subsidiaries of OFG. As of December 31, 2022, OFG’s net deferred tax asset, net of a valuation allowance of $9.1 million, amounted to $55.5 million. The decrease in valuation allowance of $1.6 million was mainly related to additional taxable income in OFG’s operations. OFG has $6.5 million in deferred tax asset related to net operating loss carry forwards (“NOL”), which has a valuation allowance of $6.4 million. The NOL has expiration dates between 2024 and 2032. There is a small portion of NOL of approximately $130 thousand that does not have an expiration date. In assessing the realizability of the deferred tax asset, management considers whether it is more likely than not that some portion or the entire deferred tax asset will not be realized. The ultimate realization of the deferred tax asset is dependent upon the generation of future income during the periods in which those temporary differences become deductible. Management considers the scheduled reversal of deferred tax liabilities, projected future income, and tax planning strategies in making this assessment. Based upon the assessment of positive and negative evidence, the level of historical taxable income, projections for future taxable income over the periods in which the deferred tax asset are deductible, and provisions of certain closing agreements, management believes it is more likely than not that OFG will realize the benefits of these deductible differences, net of the existing valuation allowances, at December 31, 2023. The amount of the deferred tax asset that is considered realizable could be reduced in the near term if there are changes in estimates of future taxable income.