v3.3.1.900
INCOME TAXES
12 Months Ended
Dec. 31, 2015
INCOME TAXES  
INCOME TAXES

NOTE 9—INCOME TAXES

        The Income tax provision reflected in the Consolidated Statements of Operations consists of the following components:

                                                                                                                                                                                    

(In thousands)

 

12 Months Ended
December 31, 2015

 

12 Months Ended
December 31, 2014

 

12 Months Ended
December 31, 2013

 

Current:

 

 

 

 

 

 

 

 

 

 

Federal

 

$

10,278

 

$

 

$

 

Foreign

 

 

 

 

 

 

 

State

 

 

(2,263

)

 

1,250

 

 

4,045

 

​  

​  

​  

​  

​  

​  

Total current

 

 

8,015

 

 

1,250

 

 

4,045

 

​  

​  

​  

​  

​  

​  

Deferred:

 

 

 

 

 

 

 

 

 

 

Federal

 

 

46,935

 

 

43,869

 

 

(229,778

)

Foreign

 

 

 

 

 

 

 

State

 

 

4,725

 

 

(11,439

)

 

(36,820

)

​  

​  

​  

​  

​  

​  

Total deferred

 

 

51,660

 

 

32,430

 

 

(266,598

)

​  

​  

​  

​  

​  

​  

Total provision (benefit)

 

 

59,675

 

 

33,680

 

 

(262,553

)

Tax provision from discontinued operations

 

 

 

 

210

 

 

830

 

​  

​  

​  

​  

​  

​  

Total provision (benefit) from continuing operations

 

$

59,675

 

$

33,470

 

$

(263,383

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The Company has recorded no alternative minimum taxes as the consolidated tax group for which it is a member expects no alternative minimum tax liability, due to the utilization of tax credits.

        Pre-tax income (losses) consisted of the following:

                                                                                                                                                                                    

(In thousands)

 

12 Months Ended
December 31, 2015

 

12 Months Ended
December 31, 2014

 

12 Months Ended
December 31, 2013

 

Domestic

 

$

163,531

 

$

97,303

 

$

103,526

 

Foreign

 

 

 

 

457

 

 

(1,679

)

​  

​  

​  

​  

​  

​  

Total

 

$

163,531

 

$

97,760

 

$

101,847

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The difference between the effective tax rate on earnings from continuing operations before income taxes and the U.S. federal income tax statutory rate is as follows:

                                                                                                                                                                                    

(In thousands)

 

12 Months Ended
December 31, 2015

 

12 Months Ended
December 31, 2014

 

12 Months Ended
December 31, 2013

 

Income tax expense at the federal statutory rate

 

$

57,237

 

$

34,035

 

$

34,902

 

Effect of:

 

 

 

 

 

 

 

 

 

 

State income taxes

 

 

6,180

 

 

195

 

 

1,479

 

Increase (decrease) in reserve for uncertain tax positions

 

 

(1,031

)

 

1,050

 

 

2,193

 

Federal and state credits

 

 

(2,686

)

 

(2,985

)

 

(2,600

)

Change in net operating loss carryforward for excess tax deductions

 

 

 

 

 

 

(28,206

)

Permanent items

 

 

101

 

 

1,485

 

 

537

 

Other

 

 

155

 

 

(1,100

)

 

(6,088

)

Valuation allowance

 

 

(281

)

 

790

 

 

(265,600

)

​  

​  

​  

​  

​  

​  

Income tax expense (benefit)

 

$

59,675

 

$

33,470

 

$

(263,383

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

Effective income tax rate

 

 

36.5

%

 

34.4

%

 

(264.1

)%

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The significant components of deferred income tax assets and liabilities as of December 31, 2015 and December 31, 2014 are as follows:

                                                                                                                                                                                    

 

 

December 31, 2015

 

December 31, 2014

 

 

 

Deferred Income Tax

 

Deferred Income Tax

 

(In thousands)

 

Assets

 

Liabilities

 

Assets

 

Liabilities

 

Tangible assets

 

$

 

$

(131,793

)

$

 

$

(113,456

)

Accrued liabilities

 

 

28,390

 

 

 

 

31,430

 

 

 

Intangible assets

 

 

 

 

(121,495

)

 

 

 

(101,725

)

Receivables

 

 

 

 

(5,264

)

 

 

 

(5,206

)

Investments

 

 

 

 

(230,568

)

 

 

 

(233,005

)

Capital loss carryforwards

 

 

 

 

 

 

50

 

 

 

Pension, postretirement and deferred compensation

 

 

38,183

 

 

 

 

33,581

 

 

 

Corporate borrowings

 

 

 

 

 

 

19,127

 

 

 

Deferred revenue

 

 

179,133

 

 

 

 

154,583

 

 

 

Lease liabilities

 

 

135,215

 

 

 

 

111,250

 

 

 

Capital and financing lease obligations

 

 

33,130

 

 

 

 

35,654

 

 

 

Alternative minimum tax and other credit carryovers

 

 

17,520

 

 

 

 

21,802

 

 

 

Charitable contributions

 

 

 

 

 

 

158

 

 

 

Net operating loss carryforwards

 

 

183,961

 

 

 

 

228,302

 

 

 

​  

​  

​  

​  

​  

​  

​  

​  

Total

 

$

615,532

 

$

(489,120

)

$

635,937

 

$

(453,392

)

Less: Valuation allowance

 

 

(509

)

 

 

 

(790

)

 

 

​  

​  

​  

​  

​  

​  

​  

​  

Net deferred income taxes

 

$

615,023

 

$

(489,120

)

$

635,147

 

$

(453,392

)

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        A rollforward of the Company's valuation allowance for deferred tax assets is as follows:

                                                                                                                                                                                    

(In thousands)

 

Balance at
Beginning of
Period

 

Additions
Charged
(Credited) to
Expenses

 

Charged
(Credited) to
Goodwill

 

Charged
(Credited) to
Other
Accounts(1)

 

Balance at
End of Period

 

Calendar Year 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Valuation allowance—deferred income tax assets

 

$

790

 

 

(281

)

 

 

 

 

$

509

 

Calendar Year 2014

 

 


 

 

 


 

 

 


 

 

 


 

 

 


 

 

Valuation allowance—deferred income tax assets

 

$

 

 

790

 

 

 

 

 

$

790

 

Calendar Year 2013

 

 


 

 

 


 

 

 


 

 

 


 

 

 


 

 

Valuation allowance—deferred income tax assets

 

$

248,420

 

 

(265,600

)

 

11,088

 

 

6,092

 

$

 


 

 

 

(1)          

Primarily relates to amounts resulting from the Company's tax sharing arrangement, changes in deferred tax assets and associated valuation allowance that are not related to income statement activity as well as amounts charged to other comprehensive income.

        During the twelve months ended December 31, 2015, the Company received a favorable state ruling that resulted in a reduction of uncertain tax positions and, as a result, the Company recorded a net discrete tax benefit of approximately $2,900,000. The $2,900,000 consisted of $2,100,000 net discrete benefit for reduction of uncertain tax positions and $800,000 related to establishing a receivable for amounts previously paid. During the twelve months ended December 31, 2015, the Company received a notice of proposed adjustment from the Internal Revenue Service based upon its ongoing review of the Company's tax return for the fiscal period ended March 29, 2012. As a result of this notification, the Company recorded a net discrete tax provision of $1,000,000 for interest on the proposed adjustment ($610,000 net of tax), reinstated approximately $9,200,000 of deferred tax assets and recorded current interest and taxes payable of $10,200,000.

        The Company's federal income tax loss carryforward of $542,102,000 will begin to expire in 2017 and will completely expire in 2034 and will be limited annually due to certain change in ownership provisions of the Internal Revenue Code. The Company also has state income tax loss carryforwards of $321,105,000, which may be used over various periods ranging from 1 to 20 years.

        From 2008 to 2012, prior to Wanda acquiring Holdings, the Company's entity generated significant net deferred tax assets primarily from debt carrying costs and asset impairments combined with reduced operating profitability. At December 31, 2015 and December 31, 2014, the Company recorded net deferred tax assets of $126,198,000 and $181,782,000, respectively. The Company evaluates its deferred tax assets each period to determine if a valuation allowance is required based on whether it is "more likely than not" that some portion of the deferred tax assets would not be realized. The ultimate realization of these deferred tax assets is dependent upon the generation of sufficient taxable income during future periods. The Company conducts its evaluation by considering all available positive and negative evidence. This evaluation considers, among other factors, historical operating results, forecasts of future profitability, the duration of statutory carryforward periods, and the outlooks for the U.S. motion picture and broader economy. Based on the Company's evaluation through December 31, 2015, the Company continued to reserve a portion of its net deferred tax assets due to uncertainty of their realization and dependence upon future taxable income.

        Consistent with the above process, the Company evaluated the need for a valuation allowance against its net deferred tax assets at December 31, 2013, and determined that the valuation allowance against its federal deferred tax assets and all of its state deferred tax assets dependent upon future taxable income was no longer appropriate. Accordingly, the Company reversed $265,600,000 of valuation allowance in the fourth quarter of 2013. This reversal is reflected as a non-cash income tax benefit recorded in the fourth quarter of 2013 in the accompanying consolidated statements of operations.

        In addition, AMCE utilized a portion of proceeds from the public offering of Holdings common stock during 2013 along with cash generated from an offering of 5.875% Senior Subordinated Notes due 2022 to purchase approximately 77.33% of its 8.75% Senior Notes due 2019, which lowered the amount of indebtedness and lower overall borrowing costs for the Company. These subsequent events also were additional positive evidence considered by management.

        The Company has identified a prudent and feasible tax planning strategy which involves the conversion of NCM units into NCM, Inc. common stock that, when executed, generates significant taxable income. The conversion is within the control of the Company and the Company executes the conversion when it becomes necessary to prevent its net operating loss and / or capital loss carryforwards from expiring unrealized.

        On December 30, 2015, the Company converted 200,000 of its NCM units to NCM, Inc. shares and recognized approximately $4,600,000 of capital gain pursuant to the tax planning strategy described above. See Note 5—Investments for additional information.

        The accounting for deferred taxes is based upon an estimate of future results. Differences between estimated and actual results could have a material impact on the Company's consolidated results of operations, its financial position and the ability to fully realize its deferred tax assets over time. Changes in existing tax laws could also affect actual tax results and the realization of deferred tax assets over time. If future results are significantly different from the Company's estimates and judgments, the Company may be required to record a valuation allowance against some or all of its deferred tax assets prospectively.

        A reconciliation of the change in the amount of unrecognized tax benefits was as follows:

                                                                                                                                                                                    

(In millions)

 

12 Months Ended
December 31, 2015

 

12 Months Ended
December 31, 2014

 

12 Months Ended
December 31, 2013

 

Balance at beginning of period

 

$

30.5

 

$

27.4

 

$

21.9

 

Gross increases—current period tax positions

 

 

1.7

 

 

1.6

 

 

3.8

 

Gross increases—prior period tax positions

 

 

1.1

 

 

1.5

 

 

2.2

 

Favorable resolutions with authorities

 

 

(2.2

)

 

 

 

(0.5

)

Lapse of statute of limitations

 

 

(1.0

)

 

 

 

 

​  

​  

​  

​  

​  

​  

Balance at end of period

 

$

30.1

 

$

30.5

 

$

27.4

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        The Company's effective tax rate is not expected to be significantly impacted by the ultimate resolution of the uncertain tax positions.

        The Company recognizes income tax-related interest expense and penalties as income tax expense and general and administrative expense, respectively. The amount of interest expense related to federal uncertain tax positions recognized for the year ended December 31, 2015 was $1,000,000.

        The Company analyzed and reviewed the remaining state uncertain tax positions to determine the necessity of accruing interest and penalties. The amount of interest to be accrued was immaterial in nature, due to jurisdictions with uncertain tax positions having overpayments to the Company or the amount of the uncertain tax position itself was small in nature.

        There are currently unrecognized tax benefits which the Company anticipates will be resolved in the next 12 months; however, the Company is unable at this time to estimate what the impact on its unrecognized tax benefits will be.

        The Company or one of its subsidiaries files income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. An IRS examination of the tax years February 28, 2002 through December 31, 2003 of the former Loews Cineplex Entertainment Corporation and subsidiaries was concluded during fiscal 2007. An IRS examination for the tax years ended March 31, 2005 and March 30, 2006 was completed during 2009. Generally, tax years beginning after March 28, 2002 are still open to examination by various taxing authorities. Additionally, the Company has net operating loss ("NOL") carryforwards for tax years ended October 31, 2000 through March 28, 2002 in the U.S. and various state jurisdictions which have carryforwards of varying lengths of time. These NOLs are subject to adjustment based on the statute of limitations applicable to the return in which they are utilized, not the year in which they are generated. Various state, local and foreign income tax returns are also under examination by taxing authorities. The Company does not believe that the outcome of any examination will have a material impact on its financial statements.