Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.8.0.1
INCOME TAXES
12 Months Ended
Dec. 31, 2017
Income Tax Disclosure [Abstract]  
INCOME TAXES
NOTE 13. INCOME TAXES
 
We recognize deferred tax assets and liabilities for future tax consequences attributable to differences between our consolidated financial statement carrying amount of assets and liabilities and their respective tax bases. We measure these deferred tax assets and liabilities using enacted tax rates expected to apply in the years in which these temporary differences are expected to reverse. We recognize the effect on deferred tax assets and liabilities resulting from a change in tax rates in income in the period that includes the date of the change. On December 22, 2017, the Tax Cuts and Jobs Act of 2017 (the “Act”) was signed into law making significant changes to the Internal Revenue Code. Changes include, but are not limited to, a corporate tax rate decrease from 35% to 21% effective for tax years beginning after December 31, 2017. We have calculated our best estimate of the impact of the Act in our year end income tax provision in accordance with our understanding of the Act and guidance available as of the date of this filing.
 
For financial reporting purposes, we recorded a valuation allowance of $6.2 million as of December 31, 2017 to offset $6.0 million of the deferred tax assets related to the state net operating loss carryforwards and $0.2 million associated with asset impairments. For financial reporting purposes, we recorded a valuation allowance of $4.5 million as of December 31, 2016 to offset $4.2 million of the deferred tax assets related to the state net operating loss carryforwards and $0.3 million associated with asset impairments. During the third quarter of 2016, we identified an error in our estimated valuation allowance for certain deferred tax assets. We recorded an out-of-period adjustment to increase our valuation allowance by $1.6 million for a portion of the deferred tax assets related to state net operating loss carryforwards that we determined were more likely than not to be unrealized.
 
The consolidated provision for (benefit from) income taxes is as follows:
 
 
 
Year Ended December 31,
 
 
 
2015
 
2016
 
2017
 
 
 
(Dollars in thousands)
 
Current:
 
 
 
 
 
 
 
 
 
 
Federal
 
$
—
 
$
—
 
$
—
 
State
 
 
249
 
 
229
 
 
63
 
 
 
 
249
 
 
229
 
 
63
 
Deferred:
 
 
 
 
 
 
 
 
 
 
Federal
 
 
6,234
 
 
4,938
 
 
(21,167)
 
State
 
 
212
 
 
(595)
 
 
234
 
 
 
 
6,446
 
 
4,343
 
 
(20,933)
 
Provision for (benefit from) income taxes
 
$
6,695
 
$
4,572
 
$
(20,870)
 
 
Consolidated deferred tax assets and liabilities consist of the following:
 
 
 
As of December 31,
 
 
 
2016
 
2017
 
 
 
(Dollars in thousands)
 
Deferred tax assets:
 
 
 
 
 
 
 
Financial statement accruals not currently deductible
 
$
9,324
 
$
6,220
 
Net operating loss, AMT credit and other carryforwards
 
 
71,215
 
 
55,720
 
State taxes
 
 
87
 
 
103
 
Other
 
 
740
 
 
2,191
 
Total deferred tax assets
 
 
81,366
 
 
64,234
 
Valuation allowance for deferred tax assets
 
 
(4,487)
 
 
(6,154)
 
Net deferred tax assets
 
$
76,879
 
$
58,080
 
Deferred tax liabilities:
 
 
 
 
 
 
 
Excess of net book value of property and equipment and software for financial reporting purposes over tax basis
 
$
2,096
 
$
1,218
 
Excess of net book value of intangible assets for financial reporting purposes over tax basis
 
 
128,988
 
 
89,898
 
Interest rate swap
 
 
(193)
 
 
—
 
Unrecognized tax benefits
 
 
—
 
 
—
 
Other
 
 
—
 
 
45
 
Total deferred tax liabilities
 
 
130,891
 
 
91,161
 
Net deferred tax liabilities
 
$
(54,012)
 
$
(33,081)
 
 
The following table reconciles the above net deferred tax liabilities to the financial statements:
 
 
 
As of December 31,
 
 
 
2016
 
2017
 
 
 
(Dollars in thousands)
 
Deferred income tax asset per balance sheet
 
$
9,411
 
$
1,070
 
Deferred income tax liability per balance sheet
 
 
(63,423)
 
 
(34,151)
 
 
 
$
(54,012)
 
$
(33,081)
 
 
A reconciliation of the statutory federal income tax rate to the provision for income tax is as follows:
 
 
 
Year Ended December 31,
 
 
 
2015
 
2016
 
2017
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(Dollars in thousands)
 
Statutory federal income tax rate (at 35%)
 
$
6,246
 
$
4,706
 
$
1,321
 
Effect of state taxes, net of federal
 
 
458
 
 
(486)
 
 
(1,207)
 
Permanent items
 
 
445
 
 
266
 
 
458
 
State rate change
 
 
23
 
 
(1,664)
 
 
(179)
 
Valuation allowance
 
 
(181)
 
 
1,763
 
 
1,667
 
Tax Cuts and Jobs Act of 2017
 
 
—
 
 
—
 
 
(23,000)
 
Other, net
 
 
(296)
 
 
(13)
 
 
70
 
Provision for income taxes
 
$
6,695
 
$
4,572
 
$
(20,870)
 
 
At December 31, 2017, we had net operating loss carryforwards for federal income tax purposes of approximately $153.1 million that expire in 2020 through 2037 and for state income tax purposes of approximately $790.4 million that expire in years 2018 through 2037. For financial reporting purposes at December 31, 2017, we had a valuation allowance of $6.2 million, net of federal benefit, to offset $6.0 million of the deferred tax assets related to the state net operating loss carryforwards and $0.2 million associated with asset impairments. Our evaluation was performed for tax years that remain subject to examination by major tax jurisdictions, which range from 2013 through 2016.
 
The amortization of our indefinite-lived intangible assets for tax purposes but not for book purposes creates deferred tax liabilities. A reversal of deferred tax liabilities may occur when indefinite-lived intangibles: (1) become impaired; or (2) are sold, which would typically only occur in connection with the sale of the assets of a station or groups of stations or the entire company in a taxable transaction. Due to the amortization for tax purposes and not book purposes of our indefinite-lived intangible assets, we expect to continue to generate deferred tax liabilities in future periods exclusive of any impairment losses in future periods. These deferred tax liabilities and net operating loss carryforwards result in differences between our provision for income tax and cash paid for taxes.