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INCOME TAXES
12 Months Ended
Dec. 31, 2017
INCOME TAXES  
INCOME TAXES

 

NOTE 15—INCOME TAXES

        The Company elected to be taxed as a REIT under the Internal Revenue Code, commencing with its taxable year ended December 31, 1983. To qualify as a REIT, the Company must meet a number of organizational and operational requirements, including a requirement that it currently distribute at least 90% of its adjusted taxable income to its stockholders. As a REIT, the Company generally will not be subject to corporate level federal, state and local income tax on taxable income it distributes currently to its stockholders. If the Company fails to qualify as a REIT in any taxable year, it will be subject to federal, state and local income taxes at regular corporate rates (including any applicable alternative minimum tax) and may not be able to qualify as a REIT for four subsequent taxable years. It is management's current intention to adhere to these requirements and maintain the Company's REIT status.

        Even though the Company qualifies for taxation as a REIT, the Company is subject to certain state and local taxes on its income and property, and to federal income and excise taxes on its undistributed taxable income. As of December 31, 2017, tax returns for the calendar years 2014 through 2017 remain subject to examination by the Internal Revenue Service and various state and local tax jurisdictions.

        During 2017, 2016 and 2015, the Company recorded federal excise tax expense of $0, $6,000 and $174,000, respectively, which is based on taxable income generated but not yet distributed. During 2017, 2016 and 2015, the Company did not incur any federal income tax expense. The Company does not have any deferred tax assets or liabilities at December 31, 2017 and 2016.

        During 2017, 2016 and 2015, 17%, 27% and 67%, respectively, of the distributions were treated as capital gain distributions, with the balance treated as ordinary income.

        The Company treats depreciation expense, straight-line rent adjustments and certain other items differently for tax purposes than for financial reporting purposes. Therefore, its dividends paid deduction differs from its financial statement income.

        The following table reconciles cash dividends paid with the dividends paid deduction for the years indicated (amounts in thousands):

                                                                                                                                                                                    

 

 

2017
Estimate

 

2016
Actual

 

2015
Actual

 

Dividends paid

 

$

32,393

 

$

29,135

 

$

26,179

 

Dividend reinvestment plan(a)

 

 

252

 

 

181

 

 

228

 

​  

​  

​  

​  

​  

​  

 

 

 

32,645

 

 

29,316

 

 

26,407

 

Less: Spillover dividends designated to previous year

 

 

(11,916

)

 

(15,209

)

 

(18,177

)

Plus: Dividends designated from following year

 

 

10,263

 

 

11,916

 

 

15,209

 

​  

​  

​  

​  

​  

​  

Dividends paid deduction

 

$

30,992

 

$

26,023

 

$

23,439

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  


 

 

 

 

(a)          

Reflects the up to 5% discount on common stock purchased through the dividend reinvestment plan.