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Income Taxes
 12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
For U.S. federal income tax purposes, we elected to be taxed as a REIT under the Code. To qualify as a REIT, we must meet certain organizational and operational stipulations, including a requirement that we distribute at least 90% of our REIT taxable income, excluding net capital gains, to our stockholders. We currently intend to adhere to these requirements and maintain our REIT status. If we fail to qualify as a REIT in any taxable year, we will be subject to U.S. federal income taxes at regular corporate rates (including any applicable alternative minimum tax) and may not qualify as a REIT for four subsequent taxable years. Even if we qualify for taxation as a REIT, we may be subject to certain state and local taxes as well as to federal income and excise taxes on our undistributed taxable income.
At December 31, 2022, 15 of our hotel properties were leased to TRS lessees and The Ritz-Carlton St. Thomas was owned by our USVI TRS. The TRS entities recognized net book income (loss) before income taxes of $25.4 million, $12.6 million and $(27.0) million for the years ended December 31, 2022, 2021 and 2020, respectively.
The following table reconciles the income tax expense at statutory rates to the actual income tax expense recorded (in thousands):
Year Ended December 31,
202220212020
Income tax (expense) benefit at federal statutory income tax rate of 21% $(6,463)$(2,652)$5,619 
State income tax (expense) benefit, net of U.S. federal income tax benefit(1,961)574 3,136 
State and local income tax (expense) benefit on pass-through entity subsidiaries(17)(9)(5)
Gross receipts and margin taxes(69)(26)(13)
Benefit of USVI Economic Development Commission credit3,358 3,346 783 
Benefits of Puerto Rico tax incentives1,474 — — 
Other126 (251)311 
Valuation allowance(491)(2,306)(5,425)
Total income tax (expense) benefit$(4,043)$(1,324)$4,406 
The components of income tax expense are as follows (in thousands):
Year Ended December 31,
202220212020
Current:
Federal$(3,745)$(1,477)$3,431 
State(247)(21)19 
Total current income tax (expense) benefit(3,992)(1,498)3,450 
Deferred:
Federal(51)131 1,262 
State— 43 (306)
Total deferred income tax (expense) benefit(51)174 956 
Total income tax (expense) benefit$(4,043)$(1,324)$4,406 
For the years ended December 31, 2022, 2021 and 2020, income tax expense included interest and penalties paid to taxing authorities of $1,000, $3,000 and $7,000, respectively. At December 31, 2022 and 2021, we determined that there were no amounts to accrue for interest and penalties due to taxing authorities.
At December 31, 2022 and 2021, our net deferred tax asset, included in “other assets,” on our consolidated balance sheets, consisted of the following (in thousands):
December 31,
20222021
Deferred tax assets (liabilities):
Tax intangibles basis greater than book basis$722 $722 
Allowance for doubtful accounts76 28 
Unearned income2,769 2,147 
Federal and state net operating losses16,452 15,677 
Capital loss carryforward525 529 
Other(48)178 
Accrued expenses1,133 612 
Tax property basis greater than book basis(2,935)(2,487)
Prepaid expenses(59)(4)
Net deferred tax asset18,635 17,402 
Valuation allowance(18,627)(17,343)
Net deferred tax asset (liability)$8 $59 
At December 31, 2022 and 2021, we recorded a valuation allowance of $18.6 million and $17.3 million, respectively, to partially reserve the deferred tax assets of our TRSs. Primarily as a result of the limitation imposed by the Code on the utilization of net operating losses of acquired subsidiaries, we believe it is more likely than not that $18.6 million of our deferred tax assets will not be realized, and therefore, have provided a valuation allowance to reserve against the balances.
At December 31, 2022, we had TRSs net operating loss carryforwards for U.S. federal income tax purposes of $68.5 million, of which $50.7 million is subject to expiration and will begin to expire in 2023. The remainder was generated after December 2017 and is not subject to expiration under the Tax Cuts and Jobs Act. $50.0 million of net operating loss carryforwards are attributable to acquired subsidiaries and are subject to substantial limitation on their use. At December 31, 2022, Braemar Hotels & Resorts Inc., our REIT, had net operating loss carryforwards for U.S. federal income tax purposes of $109.7 million based on the latest filed tax return. Of this amount, $2.2 million is subject to expiration in 2033. The remainder is not subject to expiration under the Tax Cuts and Jobs Act. We do not recognize deferred tax assets and a valuation allowance for the REIT since the REIT distributes its taxable income as dividends to stockholders, and in turn, the stockholders incur income taxes on those dividends.
The following table summarizes the changes in the valuation allowance (in thousands):
Year Ended December 31,
202220212020
Balance at beginning of year$17,343 $14,938 $11,581 
Additions1,284 2,405 3,357 
Deductions— — — 
Balance at end of year$18,627 $17,343 $14,938 
The USVI TRS operates under a tax holiday in the U.S. Virgin Islands, which is effective through December 31, 2028, and may be extended if certain additional requirements are satisfied. The tax holiday is conditional upon our meeting certain employment and investment thresholds. The impact of this tax holiday decreased current foreign taxes by $3.4 million, $907,000 and $0 for the years ended December 31, 2022, 2021 and 2020, respectively. The benefit of the tax holiday on net income (loss) per share was approximately, $0.05, $0.02 and $0.00 for the years ended December 31, 2022, 2021 and 2020, respectively.
In 2022, we acquired the Ritz-Carlton Reserve Dorado Beach in Dorado, Puerto Rico. Our taxable entities in Puerto Rico operate under a tax holiday which is effective through April 2, 2028. The tax holiday is conditional upon meeting certain employment and investment thresholds. The impact of this tax holiday decreased current foreign taxes by $2.5 million for the year ended December 31, 2022. The benefit of this tax holiday on net income (loss) per share was approximately $0.04 for the year ended December 31, 2022.
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law and includes certain income tax provisions relevant to businesses. The Company is required to recognize the effect on the consolidated financial statements in the period the law was enacted. For the year ended December 31, 2020, the CARES Act allowed us to record a tax benefit of $3.4 million for the 2020 net operating loss at our TRS that was carried back to prior tax years.