Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes

13. Income Taxes

Income Tax Expense

Components of income tax expense were as follows (in thousands):

 

 

  

Year Ended December 31,

 

 

  

2013

 

  

2012

 

 

2011

 

Current

 

$

(2,146

)

 

$

(40,562

)

 

$

29,682

 

Deferred

 

 

30,920

 

 

 

88,109

 

 

 

61,835

 

 

 

$

28,774

 

 

$

47,547

 

 

$

91,517

 

Effective Tax Rate Reconciliation

The reconciliation of income taxes computed at the U.S. federal statutory tax rate to our income tax expense is as follows (in thousands):

 

 

  

Year Ended December 31,

 

 

  

2013

 

 

2012

 

 

2011

 

Income tax expense at the federal statutory rate

 

$

28,033

 

 

 

35.0

%

 

$

41,836

 

 

 

35.0

%

 

$

92,517

 

 

 

35.0

%

Qualified domestic production activities

 

 

 

 

 

 

 

 

4,256

 

 

 

3.5

 

 

 

(1,823

)

 

 

(0.7

)

State income taxes

 

 

343

 

 

 

0.4

 

 

 

750

 

 

 

0.7

 

 

 

603

 

 

 

0.2

 

Other

 

 

398

 

 

 

0.5

 

 

 

705

 

 

 

0.6

 

 

 

220

 

 

 

0.1

 

 

 

$

28,774

 

 

 

35.9

%

 

$

47,547

 

 

 

39.8

%

 

$

91,517

 

 

 

34.6

%

Our effective tax rate for the year 2013 differed from the federal statutory rate primarily as a result of state income taxes. Our effective tax rate for the year 2012 differed from the federal statutory rate primarily as a result of the recapture of deductions for qualified domestic production activities under Section 199 of the IRC as a function of loss carrybacks to prior years and the impact of state income taxes. Our effective tax rate for the year 2011 differed from the federal statutory rate primarily as a result of the utilization of the deduction attributable to qualified domestic production activities under Section 199 of the IRC.

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,

 

 

  

2013

 

 

2012

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Property and equipment

 

$

297,942

 

 

$

186,599

 

Other

 

 

3,602

 

 

 

4,822

 

Total deferred tax liabilities

 

 

301,544

 

 

 

191,421

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Minimum tax credit

 

 

20,486

 

 

 

22,314

 

Federal net operating losses

 

 

91,472

 

 

 

12,389

 

State net operating losses

 

 

5,028

 

 

 

5,057

 

Derivatives

 

 

3,270

 

 

 

3,312

 

Valuation allowance (state)

 

 

(4,490

)

 

 

(4,674

)

Accrued cash-based bonus

 

 

3,873

 

 

 

2,455

 

Stock-based compensation

 

 

3,703

 

 

 

4,256

 

Other

 

 

643

 

 

 

1,330

 

Total deferred tax assets

 

 

123,985

 

 

 

46,439

 

Net deferred tax liabilities

 

$

177,559

 

 

$

144,982

 

During 2013, we made payments primarily for federal and state income taxes of approximately $3.0 million. During 2013, we received refunds of $59.1 million, of which $9.5 million have been accounted for as unrecognized tax benefits. The refunds were primarily attributable to tax loss carrybacks to 2010 and 2011, and refunds of estimated tax payments. During 2012, we made payments primarily for federal and state income taxes of $16.1 million and we received refunds related to prior years of $0.5 million.  During 2011, we made payments primarily for federal and state income taxes of $35.7 million and we received refunds related to prior years of $0.4 million.

At December 31, 2013, we had a federal income tax receivable of $3.1 million. This amount is comprised principally of refunds related to estimated taxes paid during 2013. At December 31, 2012, we had a federal income tax receivable of $47.9 million. This amount is comprised principally of a net operating loss carryback from 2012 to 2010 of $29.1 million and a net operating loss carryback from 2012 to 2011 of $13.8 million. Additionally, federal estimated tax payments were deposited in 2012 of $5.0 million.

Net Operating Loss and Tax Credit Carryovers

The table below presents the details of our net operating loss and tax credit carryovers as of December 31, 2013 (in thousands):

 

 

  

Amount

 

  

Expiration Year

 

Federal net operating loss

 

$

263,388

 

 

 

2033

 

State net operating losses

 

 

95,912

 

 

 

2017-2028

 

Minimum tax credit

 

 

12,091

 

 

 

Indefinite

 

General business credit

 

 

406

 

 

 

2027-2028

 

The federal net operating loss and minimum tax credit amounts presented in the table, Deferred Tax Assets and Liabilities, reflect adjustments for unrecognized excess tax benefits and uncertain tax positions, as applicable, to the amounts presented above.

Valuation Allowance

As of December 31, 2013 and December 31, 2012, we had a valuation allowance related to Louisiana state net operating losses. The realization of these assets depends on recognition of sufficient future taxable income in specific tax jurisdictions during periods 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. As part of our assessment, we consider future reversals of existing taxable temporary differences.

Uncertain Tax Positions

The table below sets forth the reconciliation of the beginning and ending balances of the total amount of unrecognized tax benefits. There are no unrecognized benefits that would impact the effective tax rate if recognized. While amounts could change in the next 12 months, we do not anticipate it having a material impact on our financial statements.

Balances and changes in the uncertain tax positions are as follows (in thousands):

 

 

  

December 31,

 

 

  

2013

 

  

2012

 

Balance at beginning of period

  

$

  

  

  

Increases related to carryback positions

  

 

9,482

  

  

 

  

Balance at end of period

  

$

9,482

  

  

 $

  

We recognize interest and penalties related to uncertain tax positions in income tax expense.  For 2013, 2012 and 2011, the amounts recognized in income tax expense were immaterial.

Years open to examination

The tax years from 2010 through 2013 remain open to examination by the tax jurisdictions to which we are subject.