Income Taxes

We have elected to be treated as a REIT under the provisions of the Internal Revenue Code, which requires that we distribute at least 90% of our taxable income annually to our stockholders and comply with certain other requirements. In addition to paying federal and state taxes on any retained income, we may be subject to taxes on “built in gains” on sales of certain assets. Our taxable REIT subsidiaries are subject to federal, state, local and/or foreign income taxes.

Our provision for income taxes consists of the following (in thousands):



	Year Ended December 31,
	2016			2015			2014
Current - Federal	$	—		$	—		$	—
State	1,297			770			269
Foreign	697			515			208
	1,994			1,285			477
Deferred - Federal	9,779			8,249			3,933
State	1,324			2,315			1,105
Foreign	(698		)	(274		)	121
	10,405			10,290			5,159
Income tax provision	$	12,399		$	11,575		$	5,636

A reconciliation of the statutory federal tax provision to our income tax provision is as follows (in thousands):



	Year Ended December 31,
	2016			2015			2014
Statutory federal tax provision (35)%	$	44,518		$	34,272		$	59,155
Tax impact of REIT election	(31,101		)	(21,544		)	(52,937		)
State income tax provision, net of federal tax benefit	1,703			1,745			893
Foreign income tax benefit	(3,080		)	(2,266		)	(1,603		)
Foreign tax rate adjustment	—			—			—
Other	359			(632		)	128
Income tax provision	$	12,399		$	11,575		$	5,636

We are required to pay franchise taxes in certain jurisdictions. We recorded approximately $0.4 million of franchise taxes during each of the years ended December 31, 2016, 2015 and 2014, which are classified as corporate expenses in the accompanying consolidated statements of operations.

Deferred income taxes are recognized for temporary differences between the financial reporting bases of assets and liabilities and their respective tax bases and for operating loss and tax credit carryforwards based on enacted tax rates expected to be in effect when such amounts are paid. However, deferred tax assets are recognized only to the extent that it is more likely than not that they will be realizable based on consideration of available evidence, including future reversals of existing taxable temporary differences, projected future taxable income and tax planning strategies. Deferred tax assets are included in prepaid and other assets and deferred tax liabilities are included in accounts payable and accrued expenses on the accompanying consolidated balance sheets. The total deferred tax assets and liabilities are as follows (in thousands):



	2016			2015
Deferred income related to key money	$	7,407		$	8,844
Net operating loss carryforwards	15,650			25,210
Alternative minimum tax credit carryforwards	71			59
Other	343			335
Deferred tax assets	23,471			34,448
Less: Valuation allowance	(400		)	(400		)
Subtotal	23,071			34,048
Land basis difference recorded in purchase accounting	(4,260		)	(4,260		)
Depreciation and amortization	(16,258		)	(16,784		)
Deferred tax liabilities	(20,518		)	(21,044		)
Deferred tax asset, net	$	2,553		$	13,004

As of December 31, 2016, we had deferred tax assets of $15.7 million consisting of federal and state net operating loss carryforwards. The federal loss carryforwards of $12.6 million generally expire in 2029 through 2034 if not utilized by then. We believe that it is more likely than not that the results of future operations will generate sufficient taxable income to realize the deferred tax asset related to federal loss carryforwards prior to their expiration and have determined that no valuation allowance is required. The state loss carryforwards of $3.0 million generally expire in 2020 through 2034 if not utilized by then. The Company analyzes state loss carryforwards on a state by state basis and records a valuation allowance when we deem it more likely than not that future results will not generate sufficient taxable income in the respective state to realize the deferred tax asset prior to the expiration of the loss carryforwards. As of December 31, 2016, we have a $0.4 million valuation allowance on the deferred tax asset related to the Illinois state loss carryforward. The remaining deferred tax assets of $7.8 million are expected to be recovered against reversing existing taxable temporary differences.

The Frenchman's Reef & Morning Star Marriott Beach Resort is owned by a subsidiary that has elected to be treated as a TRS, and is subject to U.S. Virgin Islands ("USVI") income taxes. We are party to a tax agreement with the USVI that reduces the income tax rate to approximately 7%. This agreement expires in February 2030.