Annual report pursuant to Section 13 and 15(d)

Note 13 - Income Taxes

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Note 13 - Income Taxes
12 Months Ended
Dec. 31, 2019
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
13.
Income Taxes
 
Income Tax (Benefit) Expense
 
Components of income tax (benefit) expense were as follows (in thousands):
 
   
Year Ended December 31,
 
   
2019
   
2018
   
2017
 
Current
  $
(11,092
)   $
35
    $
(12,786
)
Deferred
   
(64,102
)    
500
     
217
 
Total income tax (benefit) expense
  $
(75,194
)   $
535
    $
(12,569
)
 
Reconciliation
 
The reconciliation of income taxes computed at the U.S. federal statutory tax rate to our income tax (benefit) expense is as follows (in thousands):
 
   
Year Ended December 31,
 
   
2019
   
2018
   
2017
 
Income tax (benefit) expense at the federal statutory rate
  $
(233
)   $
52,366
    $
23,490
 
Compensation adjustments
   
971
     
457
     
664
 
State income taxes
   
(175
)    
560
     
63
 
Uncertain tax position
   
(11,523
)    
     
 
Impact of U.S. tax reform
   
     
487
     
105,933
 
Gain on exchange of debt
   
     
     
(24,981
)
Valuation allowance
   
(64,704
)    
(53,980
)    
(118,643
)
Other
   
470
     
645
     
905
 
Total income tax (benefit) expense
  $
(75,194
)   $
535
    $
(12,569
)
 
Our effective tax rate for the years
2019,
2018
 and
2017
 differed from the applicable federal statutory rate of
21.0%
for
2019
and
2018
and
35.0%
for
2017
primarily due to the impact of the valuation allowance on our deferred tax assets, which is discussed below.  As a result, effective tax rates for the years presented above are
not
meaningful
 
Deferred Tax Assets and Liabilities
 
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of our deferred tax assets and liabilities were as follows (in thousands):
 
   
December 31,
 
   
2019
   
2018
 
Deferred tax liabilities:
               
Property and equipment   $
21,647
    $
 
Derivatives
   
     
11,139
 
Investment in non-consolidated entity
   
14,716
     
6,875
 
Other
   
2,283
     
812
 
Total deferred tax liabilities
   
38,646
     
18,826
 
Deferred tax assets:
               
Property and equipment
   
     
3,934
 
Derivatives
   
1,409
     
 
Asset retirement obligations
   
76,924
     
65,811
 
Federal net operating losses
   
15,265
     
10,039
 
State net operating losses
   
7,393
     
7,133
 
Interest expense limitation carryover
   
48,458
     
41,814
 
Share-based compensation
   
965
     
583
 
Valuation allowance
   
(54,436
)    
(117,764
)
Other
   
6,584
     
7,091
 
Total deferred tax assets
   
102,562
     
18,641
 
Net deferred tax assets (liabilities)
  $
63,916
    $
(185
)
 
 
Income Taxes Receivable
 
As of 
December 31, 2019,
we have a current income tax receivable of
$1.9
 million which relates primarily to a net operating loss (“NOL”) carryback claim for
2017
that was carried back to prior years.  As of
December 31, 2018,
we had current income taxes receivable of
$54.1
million which primarily relates to our NOL carryback claims for the years
2012,
2013
and
2014
that were carried back to prior years.  These carryback claims, in addition to the
2017
claim, were made pursuant to IRC Section
172
(f) (related to rules regarding “specified liability losses”), which permits certain platform dismantlement, well abandonment and site clearance costs to be carried back
10
years.  During
2019,
we received refunds of
$51.8
million and made income tax payments of
$0.1
million.  Additionally, we received
$4.5
million in interest income associated with the refunds in
2019.
  During
2018,
 we received refunds of
$11.1
million and made income tax payments of
$0.1
million.  During
2017,
we received refunds of
$11.9
million and made income tax payments of
$0.2
million.  The refunds received in
2019,
2018
and
2017
were primarily due to the net operating loss carryback claims under Code Section
172
(f). 
 
 
Net Operating Loss and Interest Expense Limitation Carryover
 
The table below presents the details of our net operating loss and interest expense limitation carryover as of
December 
31,
2019
 (in thousands):
 
   
Amount
   
Expiration Year
 
Federal net operating loss
  $
72,692
     
2037
 
State net operating loss
   
122,155
     
2026-2038
 
Interest expense limitation carryover
   
223,928
     
N/A
 
 
Valuation Allowance
 
During
2019
 and
2018,
we recorded a decrease in the valuation allowance of
$63.3
 million and
$53.8
million, respectively, related to federal and state deferred tax assets.  Deferred tax assets are recorded related to net operating losses and temporary differences between the book and tax basis of assets and liabilities expected to produce tax deductions in future periods.  The realization of these assets depends on recognition of sufficient future taxable income in specific tax jurisdictions in which those temporary differences or net operating losses are deductible.   In assessing the need for a valuation allowance on our deferred tax assets, we consider whether it is more likely than
not
that some portion or all of them will
not
be realized.  
   
Throughout
2019,
the Company has been assessing the realizability of our deferred tax assets by considering positive factors such as, when considering the Company’s results for the
twelve
months ended
December 31, 2017,
2018
and
2019,
the Company has cumulative pre-tax income.  Based on the assessment, we determined that the Company’s ability to maintain long-term profitability despite near-term changes in commodity prices and operating costs demonstrated that a portion of the Company’s net deferred tax assets would more likely than
not
be realized.  During
2019,
we released
$64.1
 million of the valuation allowance, resulting in an income tax benefit in
2019.
  The portion of the valuation allowance remaining relates to state net operating losses and the disallowed interest limitation carryover under IRC section
163
(j).  As of 
December 31, 2019,
the Company’s valuation allowance was
$54.4
 million.
 
On
December 22, 2017,
the Tax Cuts and Jobs Act (“TCJA”) was enacted into law and we applied the guidance in Staff Accounting Bulletin
No.
118
when accounting for the enactment-date effects of the TCJA in
2018
and
2017.
  As a result of the enactment of the TCJA, our net deferred tax assets and its respective valuation allowance were adjusted downwards by
$105.9
million as of
December 31, 2017. 
Our Consolidated Statement of Income, Consolidated Balance Sheet and Consolidated Statement of Cash Flow for the year
2017
were
not
materially impacted as a result of the provisional re-measurement of our net deferred tax assets and its related valuation allowance.  
 
Uncertain Tax Positions
 
The table below sets forth the beginning and ending balance of the total amount of unrecognized tax benefits.  The settlement of our net operating loss carryback claims with the IRS effectively allowed us to also settle our uncertain tax position which resulted in a change in our unrecognized tax benefits and materially impacted our income tax benefit.
 
Reconciliation of the balances of our uncertain tax positions are as follows (in thousands):
 
   
December 31,
 
   
2019
   
2018
 
Balance, beginning of period
  $
9,482
    $
9,482
 
Decrease during the period
   
(9,482
)    
 
Balance, end of period
  $
    $
9,482
 
 
We recognize interest and penalties related to uncertain tax positions in income tax expense.  For
2018
 and
2017,
the amounts recognized in income tax expense were immaterial.
 
Years open to examination
 
The tax years from
2016
 through
2019
 remain open to examination by the tax jurisdictions to which we are subject.