Annual report pursuant to Section 13 and 15(d)

Note 13 - Income Taxes

v3.22.4
Note 13 - Income Taxes
12 Months Ended
Dec. 31, 2022
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

13. Income Taxes

 

The Company’s United States and foreign components of income (loss) before income taxes are as follows (in thousands):

 

   

For the Years Ended December 31,

 
   

2022

   

2021

   

2020

 

U.S.

  $ 51,437       66,575       (59,187 )

Foreign

    (8,646 )     (2,334 )     849  

Total

  $ 42,791       64,241       (58,338 )

 

The Company’s provision (benefit) for income taxes consisted of the following (in thousands):

 

   

For the Years Ended December 31,

 
   

2022

   

2021

   

2020

 

Current:

                       

Federal

  $ 12,117       10,672       (5,912 )

State

    3,630       2,855       (599 )
      15,747       13,527       (6,511 )

Deferred:

                       

Federal

    (251 )     3,234       (3,800 )

State

    (347 )     414       (937 )
      (598 )     3,648       (4,737 )

Provision (benefit) for income taxes

  $ 15,149       17,175       (11,248 )

 

The table below sets forth a reconciliation of the difference between the provision (benefit) for income taxes and the amount that results from applying the federal statutory tax rate of 21% to income (loss) before income taxes (dollars in thousands):

 

   

For the Years Ended December 31,

 
   

2022

   

2021

   

2020

 

Income tax provision (benefit) at expected federal income tax rate (1)

  $ 8,986       13,491       (12,251 )

Increase (decrease) resulting from:

                       

Provision (benefit) for state taxes, net of federal effect

    2,521       2,670       (1,219 )

Taxes related to noncontrolling interests in subsidiaries not consolidated for income tax purposes

    72       31       854  

Nondeductible IT'SUGAR's bankruptcy costs

    460       248        

Nondeductible goodwill

                437  

Nondeductible executive compensation

    1,451             773  

Increase (decrease) in valuation allowance

    2,048       427       (142 )

Other – net

    (389 )     308       300  

Provision (benefit) for income taxes

  $ 15,149       17,175       (11,248 )

 

 

(1)

Expected tax is computed based upon income (loss) before income taxes.

 

The Company’s deferred income taxes consisted of the following significant components (in thousands):

 

   

As of December 31,

 
   

2022

   

2021

   

2020

 

Deferred federal and state tax assets:

                       

Net operating loss carryforwards

  $ 10,570       7,943       7,275  

Book reserves for credit losses, inventory, real estate and property and equipment

    1,257       1,450       1,324  

Expenses recognized for books and deferred for tax

    3,439       1,288       1,860  

Operating lease liabilities

    8,156       2,407       317  

Investment in IT'SUGAR, LLC

    458       2,060       3,510  

Intangible assets

          180       226  

Other assets

    334       332       835  

Total gross federal and state deferred tax assets

    24,214       15,660       15,347  

Less deferred tax asset valuation allowance

    (9,248 )     (7,199 )     (6,772 )

Total deferred tax assets

    14,966       8,461       8,575  

Deferred federal and state tax liabilities:

                       

Tax over book depreciation

    (1,735 )     (1,727 )     (456 )

Operating lease assets

    (7,965 )     (2,610 )     (288 )

Intangible assets

    (231 )            

Other liabilities

    (776 )     (348 )     (407 )

Total gross deferred federal and state tax liabilities

    (10,707 )     (4,685 )     (1,151 )

Net federal and state deferred tax assets

  $ 4,259       3,776       7,424  

 

The Company’s income tax provision (benefit) and current and deferred income taxes were calculated on a separate return basis through September 30, 2020, the date of the spin-off from Bluegreen Vacations. The Company became a tax filer when it converted from a Florida limited liability company into a Florida corporation as of September 29, 2020.

 

The Company’s effective income tax rate was approximately 35%, 27%, and 19% during the years ended  December 31, 2022, 2021, and 2020, respectively. During the year ended  December 31, 2022, the provision for income taxes was different than the expected federal income tax rate of 21% primarily due to nondeductible executive compensation, the impact of state income taxes and an increase in the Canadian valuation allowance. The provision for income taxes was different than the expected federal income tax rate of 21% during the year ended December 31, 2021 primarily due to the impact of state income taxes and an increase in the Canadian valuation allowance. The difference for the year ended December 31, 2020 was due to the impact of nondeductible executive compensation and state income taxes.

 

The Company evaluates its deferred tax assets to determine if valuation allowances are required. In the evaluation, management considers expectations of sufficient future taxable income, trends in earnings, existence of taxable income in recent years, the future reversal of temporary differences, and available tax planning strategies that could be implemented, if required. Valuation allowances are established based on the consideration of all available evidence using a more likely than not standard. Based on the Company’s evaluation, a deferred tax valuation allowance was established for $5.7 million of federal and state net operating loss carryforwards (“NOL”) and $3.5 million of Canadian NOL and other temporary differences as of December 31, 2022.

 

As of December 31, 2022, the Company had federal and Florida NOL carryforwards that can only be utilized if the separate entity that generated them has separate company taxable income (the “SRLY Limitation”). These carryforwards cannot be utilized against most of the Company’s subsidiaries’ taxable income. As such, a full valuation allowance has been established for these carryforwards. The Company’s Canadian operations have had cumulative taxable losses in recent years, and as a result, a full valuation allowance has been applied to the NOL carryforwards as of December 31, 2022 and 2021. In addition, one of the Canadian subsidiaries has a capital loss carryforward that can only be used to reduce capital gains, and the tax on Canadian capital gains is 50% of the Canadian tax rate. Canadian capital loss carryforwards do not expire. A full valuation allowance is maintained for the Canadian capital loss carryforward as it is unlikely that the Canadian subsidiary will generate capital gains in the future. Federal and Florida NOLs subject to SRLY limitations expire in the years 2026-2034, and the Canadian NOLs expire in the years 2033-2042.

 

The Company recognizes liabilities for uncertain tax positions. An uncertain tax position is defined as a position in a previously filed tax return or a position expected to be taken in a future tax return that is not based on clear and unambiguous tax law and which is reflected in measuring current or deferred income tax assets and liabilities for interim or annual periods. The Company may recognize the tax benefit from an uncertain tax position only if it believes that it is more likely than not that the tax position will be sustained on examination by the taxing authorities based on the technical merits of the position. The Company measures the tax benefits recognized based on the largest benefit that has a greater than 50% likelihood of being realized upon ultimate resolution. The Company recognizes interest and penalties related to unrecognized tax benefits in its provision for income taxes. The Company has not identified any uncertain tax positions as of December 31, 2022.

 

The Company was previously a party to an Agreement to Allocate Consolidated Income Tax Liability and Benefits with Bluegreen Vacations. Under this tax sharing agreement, the parties calculated their respective income tax liabilities and attributes as if each of them was a separate filer. If any tax attributes were used by another party to the agreement to offset its tax liability, the party providing the benefit would receive an amount for the tax benefits realized. However, this tax sharing agreement was terminated with respect to the Company upon the consummation of the spin-off. During the years ended December 31, 2020, Renin paid Bluegreen Vacations $0.3 million in accordance with this tax sharing agreement. As of December 31, 2022 and 2021, no amounts were due to Bluegreen Vacations pursuant to the tax sharing agreement.