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Note 11 - Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
11.
Income Taxes
 
Following is a summary of the components of the federal and state income tax expense (benefit) for each of the years in the
three
-year period ended
December 
31,
 
2018.
 
(In thousands)
 
Year ended December 31,
 
   
2018
   
2017
   
2016
 
Current:
                       
Federal
  $
447
     
252
     
12
 
State
   
708
     
365
     
84
 
     
1,155
     
617
     
96
 
Deferred:
                       
Federal
   
148
     
2,067
     
983
 
State
   
(413
)    
191
     
128
 
     
(265
)    
2,258
     
1,111
 
                         
Income tax expense (benefit)
  $
890
     
2,875
     
1,207
 
 
For each of the years in the
three
-year period ended
December 
31,
 
2018,
the difference between the federal statutory income tax rate and Patriot’s effective income tax rate reconciles as follows:
 
(In thousands)
 
Year ended December 31,
 
   
2018
   
2017
   
2016
 
                         
Income taxes at statutory Federal rate
  $
858
     
2,387
     
1,066
 
State taxes, net of Federal benefit
   
233
     
377
     
140
 
Nondeductible expenses
   
15
     
11
     
10
 
Benefit of change in Sec 382 classification
   
(500
)    
(2,774
)    
-
 
Deferred tax adjustment resulting from tax rate change
   
198
     
2,809
     
-
 
Other
   
86
     
65
     
(9
)
Income tax expense
  $
890
     
2,875
     
1,207
 
 
The effective tax rate for the years ended
December 
31,
 
2018,
2017
and
2016
was
21.8%,
41.1%,
and
38.5%,
respectively.
 
The effective tax rate for
2018
was impacted by the reduction in the statutory Federal corporate tax rate to
21%
from
34%
that was effective
January 1, 2018.
 
The effective tax rate for the year ended
December 
31,
 
2017
was impacted by
two
significant and mostly offsetting items:
 
 
-
The provision increased by
$2.8
million as a result of reduction in value of the Company’s deferred tax asset due to a change in the Federal corporate tax rate to
21%
enacted in
December 2017.
 
 
-
In
2017,
the income tax provision was reduced by
$2.8
million, as a result of the recognition of deferred tax benefits due to a change in the classification of certain net operating loss carryforwards that were previously deemed to have been subject to IRC Section
382
limitations. The change in treatment from
one
acceptable tax method to another more beneficial tax method was recognized in the
fourth
quarter of
2017,
in conjunction with the filing of amended tax returns for the
two
preceding years, and the completion of a
third
party study, which concluded it is more likely than
not
that the tax method change is in accordance with IRS regulations.
 
 
Deferred Tax Assets and Liabilities
The significant components of Patriot’s net deferred tax assets at
December 
31,
 
2018
and
2017
are presented below.
 
   
Year ended December 31,
 
(In thousands)
 
2018
   
2017
 
Deferred tax assets (liabilities):
 
 
 
 
 
 
 
 
Federal NOL Carryforward Benefit
  $
4,119
     
7,810
 
NOL Write-off for Sec 382 Limit
   
(3,258
)    
(4,698
)
Capitalized Costs
   
4,239
     
-
 
UTP (NOLs)
   
(1,132
)    
-
 
State NOL Carryforward Benefit
   
3,025
     
3,566
 
Allowance for loan and lease losses
   
2,048
     
1,695
 
Federal AMT benefit
   
707
     
360
 
Merger and acquisition
   
357
     
-
 
Unrealized Losses AFS securities
   
257
     
68
 
Accrued Expenses
   
178
     
233
 
Non-accrual Interest
   
170
     
1,089
 
Share Based Compensation
   
109
     
157
 
Depreciation of Premises and Equipment
   
(3
)    
52
 
Goodwill and intangible
   
(16
)    
-
 
OREO Write-down
   
-
     
41
 
Other
   
51
     
24
 
     
10,851
     
10,397
 
 
At
December 
31,
 
2018,
the Bank had
$19.6
million of Federal net operating loss carryforwards (“NOLs”) and
$51.6
million of State NOLs to offset future taxable income. The NOLs expire over various periods beginning with tax year
2029
through tax year
2033.
 
Valuation Allowance against net Deferred Tax Assets
 
At
December 
31,
 
2018
and
2017,
there was
no
need for a valuation allowance. Patriot management believes
no
valuation allowance is needed based on consideration of various factors including improvements in and historical and prospective results of operations, improvements in quality of the loan portfolio, general financial, economic and market data, and the period over which the NOLs are available to offset taxable income. Management continues to monitor circumstances to determine if it is more likely than
not
to realize the NOL benefits or if the valuation allowance
may
be required to be increased.
 
Unrecognized tax benefits
 
Patriot recognizes a benefit from its tax positions only if it is more likely than
not
that the tax position will be sustained on examination by taxing authorities, based on the technical merits of the position. The tax benefits recognized in the Consolidated Financial Statements from such a position are measured based on the largest benefit that has a greater than
50%
likelihood of being realized upon ultimate settlement with a taxing authority that has full knowledge of all relevant information.
 
Patriot’s returns for tax years
2015
through
2017
are subject to examination by the Internal Revenue Service (“IRS”) for U.S. Federal tax purposes and, for State tax purposes, by the Department of Revenue Services for the State of Connecticut and the State of New York Department of Taxation and Finance.
 
In
2018,
the Bank recorded an uncertain tax position of
$1.1
million related to the utilization of certain federal net operating losses.   At
December 31, 2017,
there were
no
uncertain tax positions recognized in the Consolidated Financial Statements.  Additionally, Patriot has
no
pending or on-going audits in any tax jurisdiction.
 
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
 
   
In thousands
 
Balance as of January 1, 2018
  $
-
 
Increases due to tax positions related to the current year
   
-
 
Increases due to tax positions related to a prior year
   
1,132
 
Decreases to tax positions related to settlements
   
-
 
Decreases to tax positions as a result of a lapse of statute
   
-
 
Balance as of December 31, 2018
  $
1,132
 
 
The Company’s policy is to recognize interest and penalties related to income tax matters in income tax expense. At
December 31, 2018,
the Company has
not
accrued any interest and penalties related to income tax matters into income tax expense.