Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.22.4
INCOME TAXES
12 Months Ended
Dec. 31, 2022
INCOME TAXES  
INCOME TAXES

16.     INCOME TAXES

The Company’s income tax provision consisted of the following:

For the years ended December 31, 

    

2022

    

2021

    

2020

(in thousands)

Current:

Federal

$

92,793

$

87,888

$

67,861

State

 

26,786

 

24,131

 

18,381

Foreign

 

9,144

 

10,480

 

8,869

Total current tax

 

128,723

 

122,499

 

95,111

Deferred:

 

  

 

  

 

  

Federal

 

(333)

 

1,735

 

(12)

State

 

2,011

 

1,795

 

312

Foreign

 

(83)

 

(109)

 

549

Total deferred tax

 

1,595

 

3,421

 

849

Total income tax provision

$

130,318

$

125,920

$

95,960

The primary factors causing income tax expense to be different than the federal statutory rate for 2022, 2021 and 2020 are as follows:

For the years ended December 31, 

    

2022

    

2021

    

2020

(in thousands)

Income tax at statutory rate

$

104,773

$

101,485

$

76,555

State income tax expense (net of federal benefit)

 

20,560

 

19,135

 

14,393

Foreign tax expense

 

1,907

 

2,837

 

2,341

Foreign tax credit

 

(292)

 

(273)

 

(240)

Executive compensation

 

2,281

 

2,786

 

5,557

Restricted stock adjustments

 

(1,422)

 

(3,468)

 

(3,927)

Other

 

2,511

 

3,418

 

1,281

Total income tax provision

$

130,318

$

125,920

$

95,960

Other includes the release of deferred tax liabilities, tax credits, valuation allowance, disallowed deductions, and other immaterial adjustments.

The provision for income taxes resulted in effective tax rates of 26.1%, 26.1% and 26.5% on income before income taxes for the years ended December 31, 2022, 2021 and 2020, respectively. The effective rates differ from the annual federal statutory rate primarily because of state and foreign income taxes and certain other disallowed deductions.

During 2022, 2021 and 2020, the Company paid income taxes of $119.6 million, $119.8 million and $81.2 million, respectively, net of refunds.

Deferred income taxes reflect the net tax effects of the temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and income tax purposes. Significant components of the Company’s deferred tax assets and liabilities at December 31, 2022 and 2021 are as follows:

December 31, 

    

2022

    

2021

(in thousands)

 

  

 

  

Deferred tax assets:

 

  

 

  

Insurance and contingencies

$

21,695

$

18,258

Unearned revenues

 

12,930

 

12,051

Compensation and benefits

 

14,528

 

13,546

State and foreign operating loss carryforwards

 

 

1,234

Bad debt reserve

 

4,301

 

3,873

Foreign tax credit

 

3,562

 

4,775

Termite accrual

813

642

Net pension liability

169

195

Other

 

1,648

 

3,371

Valuation allowance

 

 

(192)

Total deferred tax assets

 

59,646

 

57,753

Deferred tax liabilities:

 

  

 

  

Depreciation and amortization

 

(22,663)

 

(24,261)

Intangibles and other

 

(59,346)

 

(55,300)

Total deferred tax liabilities

$

(82,009)

$

(79,561)

Net deferred taxes

 

  

 

  

Deferred tax assets

$

1,792

$

2,948

Deferred tax liabilities

$

(24,154)

$

(24,757)

Deferred tax assets are included in Other assets and deferred tax liabilities are included in Other long-term accrued liabilities on the balance sheet.

Analysis of the valuation allowance:

December 31, 

    

2022

    

2021

(in thousands)

Valuation allowance at beginning of year

$

192

$

144

(Decrease) increase in valuation allowance

 

(192)

 

48

Valuation allowance at end of year

$

$

192

As of December 31, 2022, the Company has net operating loss carryforwards for foreign and state income tax purposes of approximately $22.9 million, which are expected to be fully utilized when filing the 2022 income tax returns. If not used, these carryforwards will expire between 2022 and 2032. Because management believes that the loss carryforwards will be fully utilized, the valuation allowance decreased by $0.2 million due to the dissolution of the foreign subsidiary carrying the losses. The Company has a foreign tax credit carryforward of $3.6 million which if not fully utilized will expire in 2028.

Earnings from continuing operations before income tax included foreign income of $32.9 million in 2022, $32.5 million in 2021 and $25.3 million in 2020. The Company’s international business is expanding, and we intend to continue to grow the business in foreign markets in the future through reinvestment of foreign deposits and future earnings as well as acquisition of unrelated companies.  The Company has historically asserted that the undistributed earnings of our foreign subsidiaries are permanently reinvested.  However, in the fourth quarter of 2022, the Company has partially changed this assertion and expects to repatriate unremitted foreign earnings from our foreign subsidiaries. The Company asserts that we continue to be permanently reinvested with respect to our investments in our foreign subsidiaries.

The total amount of unrecognized tax benefits at December 31, 2022 that, if recognized, would affect the effective tax rate is $1.4 million. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

December 31, 

    

2022

    

2021

(in thousands)

 

  

 

  

Unrecognized tax benefits at beginning of year

$

1,018

$

844

Additions for tax positions of prior years

 

376

 

174

Unrecognized tax benefits at end of year

$

1,394

$

1,018

The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state and foreign jurisdictions. The Company’s material foreign jurisdictions include Canada, the United Kingdom and Australia. In addition, the Company has subsidiaries in various state and international jurisdictions that are currently under audit for years ranging from 2016 through 2020. With few immaterial exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S., income tax examinations for years prior to 2016.

It is reasonably possible that the amount of unrecognized tax benefits will decrease in the next 12 months.

The Company’s policy is to record interest and penalties related to income tax matters in income tax expense. Accrued interest and penalties were $0.2 million, $0.2 million and $0.7 million as of December 31, 2022, 2021 and 2020, respectively.