Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
INCOME TAXES
11. INCOME TAXES

 

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

 

For the years ended December 31,   2016     2015     2014  
(in thousands)                  
Current:                        
Federal   $ 69,102     $ 68,667     $ 59,053  
State     12,949       11,335       9,936  
Foreign     14,464       7,534       4,391  
Total current tax     96,515       87,536       73,380  
Deferred:                        
Federal     (5,991 )     1,286       6,123  
State     2,892       2,078       2,159  
Foreign     (149 )     129       158  
Total deferred tax     (3,248 )     3,493       8,440  
Total income tax provision   $ 93,267     $ 91,029     $ 81,820  

 

The primary factors causing income tax expense to be different than the federal statutory rate for 2016, 2015, and 2014 are as follows:

 

For the years ended December 31,   2016     2015     2014  
(in thousands)                  
Income tax at statutory rate   $ 91,222     $ 85,112     $ 76,820  
State income tax expense (net of federal benefit)     8,876       8,377       7,429  
Foreign tax expense/(benefit)     9,857       (1,729 )     (1,760 )
Foreign tax credit     (19,155 )     (2,816 )     (205 )
Other     2,467       2,085       (464 )
  Total income tax provision   $ 93,267     $ 91,029     $ 81,820  

 

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

 

The provision for income taxes resulted in an effective tax rate of 35.8% on income before income taxes for the year ended December 31, 2016. The effective rate differs from the annual federal statutory rate primarily because of state and foreign income taxes and the increase of available foreign tax credit.

 

For 2015 and 2014 the effective tax rate was 37.4% and 37.3%, respectively. The effective income tax rate differs from the annual federal statutory tax rate primarily because of state and foreign income taxes and the release of certain deferred tax liabilities.

 

During 2016, 2015 and 2014, the Company paid income taxes of $88.8 million, $82.7 million and $74.5 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, 2016 and 2015 are as follows:

 

December 31,   2016     2015  
(in thousands)            
Deferred tax assets:                
Termite accrual   $ 1,848     $ 1,968  
Insurance and contingencies     26,560       24,991  
Unearned revenues     14,610       15,026  
Compensation and benefits     15,798       15,288  
State and foreign operating loss carryforwards     12,817       10,629  
Bad debt reserve     4,842       4,779  
Foreign Tax Credit     18,213       2,554  
Other     1,804       1,579  
Net Pension Liability     1,109       3,768  
Valuation allowance     (6,507 )     (3,969 )
Total deferred tax assets     91,094       76,613  
Deferred tax liabilities:                
Depreciation and amortization     (21,217 )     (10,985 )
Intangibles and other     (28,000 )     (24,963 )
Total deferred tax liabilities     (49,217 )     (35,948 )
Net deferred tax assets   $ 41,877     $ 40,665  

 

Analysis of the valuation allowance:

 

December 31,   2016     2015  
(in thousands)            
Valuation allowance at beginning of year   $ 3,969     $ 3,415  
Increase in valuation allowance     2,538       554  
Valuation allowance at end of year   $ 6,507     $ 3,969  

 

As of December 31, 2016, the Company has net operating loss carryforwards for foreign and state income tax purposes of approximately $191.3 million, which will be available to offset future taxable income. If not used, these carryforwards will expire between 2017 and 2029. Management believes that it is unlikely to be able to utilize approximately $29.6 million of foreign net operating losses before they expire and has included a valuation allowance for the effect of these unrealizable operating loss carryforwards. The valuation allowance increased by $2.5 million due to the foreign net operating losses.

 

Earnings from continuing operations before income tax include foreign income of $6.4 million in 2016, $17.0 million in 2015 and $16.2 million in 2014. 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. Repatriation of cash from the Company’s foreign subsidiaries is not part of the Company’s current business plan.

 

The total amount of unrecognized tax benefits at December 31, 2016 that, if recognized, would affect the effective tax rate is $0.0 million. A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:

 

December 31,   2016     2015  
(in thousands)            
Balance at Beginning of Year   $ 2,554     $  
Additions for tax positions of prior years           2,554  
Balance at End of Year   $ 2,554     $ 2,554  

 

The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state and foreign jurisdictions. In addition, the Company has subsidiaries in various state and international jurisdictions that are currently under audit for years ranging from 2010 through 2014. With few exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S., income tax examinations for years prior to 2012.

It is reasonably possible that the amount of unrecognized tax benefits will increase 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 $0.4 million and $0.9 million as of December 31, 2016 and December 31, 2015, respectively. The Company recognized interest and penalties of $0.1 million, $0.2 million, and $0.1 million in 2016, 2015, and 2014, respectively.