XML 28 R17.htm IDEA: XBRL DOCUMENT v3.23.1
Income Taxes
3 Months Ended
Mar. 31, 2023
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Income tax expense for the three months ended March 31, 2023 and 2022 differs from the amount computed by applying the statutory federal income tax rate to income before income taxes. The sources and tax effects of the differences are as follows:
 Three Months Ended March 31,
 20232022
U.S. federal statutory tax rate21.0 %21.0 %
State income taxes, net of federal tax benefit0.8 1.3 
General business credits(3.4)(1.6)
Stock-based compensation3.7 1.2 
IRC 162(m) limitation1.6 2.5 
Bank owned life insurance(1.6)(0.7)
Nondeductible expenses0.6 0.3 
Other(0.4)(0.1)
Effective tax rate22.3 %23.9 %
Note 10—Income Taxes (continued)
The effective tax rate for the three months ended March 31, 2023 and 2022 differs from the statutory federal income tax rate of 21%, primarily due to state income taxes, net of federal tax benefits, general business credits, stock-based compensation, cash value growth in bank owned life insurance policies, and the Internal Revenue Code (the "IRC") 162(m) limitation on the deductibility of executive compensation. The net decrease in the effective tax rate for the three months ended March 31, 2023 as compared to the three months ended March 31, 2022 is primarily due to the impact of an increase of $0.8 million in general business credits, an increase of $0.4 million in tax benefits from bank owned life insurance policies, a decrease of $0.5 million subject to the IRC 162(m) limitation on the deductibility of certain executive compensation, and a decrease of $0.4 million in state income taxes, net of federal benefits. These decreases were partially offset by the impact of a $1.1 million increase in tax expense associated with shortfalls from stock-based compensation. We recognized a discrete tax expense related to tax shortfalls from stock based-compensation of $1.7 million for the three months ended March 31, 2023, compared to a $0.6 million discrete tax expense for the prior year comparable period.
On August 16, 2022, the Inflation Reduction Act of 2022 (the "IRA") was signed into law. The IRA contains a number of revisions to the IRC, including a 15% corporate minimum income tax and a 1% excise tax on corporate stock repurchases in tax years beginning after December 31, 2022. To date, these tax law revisions have had no immediate effect and we do not expect that they will have a material impact on our results of operations in the future.
We have made a policy election to account for Global Intangible Low-Taxed Income ("GILTI") in the year the GILTI tax is incurred. For the three months ended March 31, 2023 and 2022, the provision for GILTI tax expense was not material to our financial statements.
We establish a valuation allowance when we consider it more-likely-than-not that some portion or all of the deferred tax assets will not be realized. As of March 31, 2023 and 2022, we did not have a valuation allowance on any of our deferred tax assets as we believe it is more-likely-than-not that we will realize the benefits of our deferred tax assets.
We are subject to examination by the Internal Revenue Service, or IRS, and various state tax authorities. We remain subject to examination of our federal income tax return for the years ended December 31, 2017 through 2022. We generally remain subject to examination of our various state income tax returns for a period of four to five years from the respective dates that the returns were filed. The IRS initiated an examination of our 2017 U.S. federal tax return during the second quarter ended June 30, 2020, and the examination remains ongoing as of March 31, 2023. We do not expect the outcome of these examinations will have any material impact on our consolidated financial statements.
As of March 31, 2023, we have federal net operating loss carryforwards of approximately $15.2 million and state net operating loss carryforwards of approximately $102.3 million, which will be available to offset future income. If not used, the federal net operating losses will expire between 2029 and 2034. Of our total state net operating loss carryforwards, approximately $59.0 million will expire between 2026 and 2042, while the remaining balance of approximately $43.3 million does not expire and carries forward indefinitely. The net operating losses are subject to an annual IRC Section 382 limitation, which restricts their utilization against taxable income in future periods. In addition, we have state business tax credits of approximately $20.9 million that can be carried forward indefinitely and other state business tax credits of approximately $1.1 million that will start to expire on December 31, 2023 and continue to expire through December 31, 2027.
As of March 31, 2023 and December 31, 2022, we had a liability of $12.3 million and $11.2 million, respectively, for unrecognized tax benefits related to various federal and state income tax matters excluding interest, penalties and related tax benefits. The reconciliation of the beginning unrecognized tax benefits balance to the ending balance is as follows:
Note 10—Income Taxes (continued)
Three Months Ended March 31,
20232022
(In thousands)
Beginning balance$11,178 $10,972 
Increases related to positions taken during the current year1,260 1,410 
Decreases related to positions settled with tax authorities(90)— 
Ending balance$12,348 $12,382 
The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate $11,917 $12,060 
As of March 31, 2023 and 2022, we recognized accrued interest and penalties related to unrecognized tax benefits of approximately $1.0 million and $0.9 million, respectively.