Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.19.3.a.u2
Income Taxes
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
Income Taxes
Income Taxes
The following table summarizes our provision for income taxes for the periods presented: 
 
Year Ended December 31,
 
2019
 
2018
 
2017
Current income taxes (benefit)
 
 
 
 
 

Federal
$
(1,236
)
 
$
(2,471
)
 
$

 
(1,236
)
 
(2,471
)
 

Deferred income taxes (benefit)
 
 
 
 
 

Federal
1,236

 
2,471

 
(4,943
)
State
2,137

 
523

 

 
3,373

 
2,994

 
(4,943
)
 
$
2,137

 
$
523

 
$
(4,943
)

The following table reconciles the difference between the income tax expense (benefit) computed by applying the statutory tax rate to our income (loss) before income taxes and our reported income tax benefit for the periods presented: 
 
Year Ended December 31,
 
2019
 
2018
 
2017
Computed at federal statutory rate
$
15,272

 
21.0
 %
 
$
47,315

 
21.0
 %
 
$
9,701

 
35.0
 %
State income taxes, net of federal income tax benefit
1,494

 
2.1
 %
 
1,743

 
0.8
 %
 
(1,383
)
 
(5.0
)%
Change in valuation allowance
(14,240
)
 
(19.6
)%
 
(48,820
)
 
(21.7
)%
 
(24,353
)
 
(87.8
)%
Effect of rate change on the valuation allowance

 
 %
 

 
 %
 
(86,612
)
 
(312.5
)%
Effect of rate change

 
 %
 

 
 %
 
86,612

 
312.5
 %
Reorganization adjustments

 
 %
 

 
 %
 
10,760

 
38.8
 %
Other, net
(389
)
 
(0.5
)%
 
285

 
0.1
 %
 
332

 
1.2
 %
 
$
2,137

 
3.0
 %
 
$
523

 
0.2
 %
 
$
(4,943
)
 
(17.8
)%

The following table summarizes the principal components of our deferred income tax assets and liabilities as of the dates presented: 
 
December 31,
 
2019
 
2018
Deferred tax assets:
 

 
 

Net operating loss (“NOL”) carryforwards
$
175,221

 
$
163,437

Alternative minimum tax (“AMT”) credit carryforwards
1,236

 
2,471

Asset retirement obligations
1,073

 
647

Pension and postretirement benefits
340

 
441

Share-based compensation
880

 
546

Fair value of derivative instruments
4,191

 

Interest expense limitation
11,463

 
3,128

Other
2,441

 
2,590

 
196,845

 
173,260

Less:  Valuation allowance
(114,939
)
 
(128,650
)
Total net deferred tax assets
81,906

 
44,610

Deferred tax liabilities:
 
 
 
Property and equipment
83,330

 
33,413

Fair value of derivative instruments

 
9,248

Total deferred tax liabilities
83,330

 
42,661

Net deferred tax assets (liabilities)
$
(1,424
)
 
$
1,949



Continuing Impact of 2017 Tax Reform
In 2017, the U.S. Congress enacted the budget reconciliation act commonly referred to as the Tax Cuts and Jobs Act (the “TCJA”). The TCJA provided for broad and complex changes to the U.S. tax code (the “Code”). In addition to the reduction in the U.S. federal corporate income tax rate from 35% to 21%, the most significant aspects of the TCJA that continue to have a material impact on us are those attributable to: (i) the repeal of the corporate AMT, (ii) limitations on deductible interest expense and (iii) the utilization and limitations on NOLs. The specific impact of these TCJA-related items are described in further detail below in our discussion of the income tax provision and our deferred tax assets and liabilities.
As a result of the repeal of the AMT, our existing AMT credit carryovers became refundable beginning with the 2018 tax year. The AMT credit carryforwards are used to offset current year regular tax liabilities with 50 percent of any excess remaining credit per year being refundable as part of the annual income tax filing.
Income Tax Provision
The provision for the years ended December 31, 2019 and 2018 includes current federal benefits of $1.2 million and $2.5 million attributable to the anticipated refund of AMT credits for the 2019 and 2018 tax years, respectively. The amount for 2019 has been recognized on our Consolidated Balance Sheet as of December 31, 2019 as a current asset. The $2.5 million attributable to 2018 was refunded to us in 2019. These benefits have been offset by corresponding decreases in the deferred tax asset associated with AMT credit carryforwards giving rise to deferred federal expenses for the years ended December 31, 2019 and 2018, respectively. In addition, we have a recognized deferred state tax expenses of $2.1 million and $0.5 million attributable to property and equipment for overall effective tax rates of 3.0% and 0.2% for the years ended December 31, 2019 and 2018, respectively. The remaining AMT credit carryforwards of approximately $1.2 million will be reclassified from deferred tax assets, where they are classified as of December 31, 2019, to income taxes receivable upon the filing of federal returns in future years.
In connection with the TCJA, we recorded an income tax charge of $86.6 million for the year ended December 31, 2017, which consisted of a reduction of deferred tax assets previously valued at 35%. We recorded a corresponding decrease in our deferred tax asset valuation allowance representing an income tax benefit for the same amount. In addition, our provision for the year ended December 31, 2017 included federal income taxes of $9.7 million applied at the statutory rate of 35% and an adjustment of $10.8 million attributable to reductions in certain tax attributes of property and other adjustments of $0.3 million applied in connection with the filing of our 2016 income tax returns. These expenses were effectively offset by benefits attributable to the reduction in our deferred tax asset valuation allowance of $24.4 million and state income tax benefits of $1.4 million resulting in a net tax deferred benefit of $4.9 million.
Deferred Tax Assets and Liabilities
As of December 31, 2019, we had federal NOL carryforwards of approximately $613.4 million, a substantial portion of which, if not utilized, expire between 2032 and 2037. NOLs incurred after January 1, 2018 can be carried forward indefinitely. State NOL carryforwards of approximately $437.9 million expire between 2024 and 2037. Because of the change in ownership provisions of the Code, use of a portion of our federal and state NOLs may be limited in future periods. As of December 31, 2019, we carried a valuation allowance against our federal and state deferred tax assets of $114.9 million. We considered both the positive and negative evidence in determining whether it was more likely than not that some portion or all of our deferred tax assets will be realized. The amount of deferred tax assets considered realizable could, however, be adjusted if estimates of future taxable income during the carryforward period are reduced or increased or if objective negative evidence is no longer present and additional weight is given to subjective positive evidence, including projections for growth.
The net deferred tax liability recognized on the Consolidated Balance Sheet as of December 31, 2019 is attributable to certain state deferred tax liabilities associated with property and equipment in excess of federal deferred tax assets associated with refundable AMT credit carryforwards for tax years ending after 2019. The net deferred tax asset recognized on the Consolidated Balance Sheet as of December 31, 2018 is attributable to federal deferred tax assets associated with AMT credit carryforwards in excess of certain state deferred tax liabilities attributable to property and equipment. The valuation allowance related to all other net deferred tax assets remains in full as of December 31, 2019 and 2018.
Other Income Tax Matters
We had no liability for unrecognized tax benefits as of December 31, 2019 and 2018. There were no interest and penalty charges recognized during the years ended December 31, 2019, 2018 and 2017. Tax years from 2015 forward remain open for examination by the Internal Revenue Service and various state jurisdictions.