7. Income Taxes

The provision for income taxes for continuing operations - benefit (expense) consists of the following:

The provision for income taxes for continuing operations – (benefit) expense includes a $28.4 million benefit related to the remeasurement of the net deferred tax liability as of December 31, 2017 due to a reduction in the U.S. statutory federal income tax rate from 35.0% to 21.0% (beginning in 2018) that was signed into law in December 2017. The effect of this benefit is shown separately in the following rate reconciliation table. The reconciliation of the U.S. statutory federal income tax rate with Sonic’s federal and state overall effective income tax rate from continuing operations is as follows:

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 the amounts used for tax purposes. Significant components of Sonic’s deferred tax assets and liabilities are as follows:

Net long-term deferred tax asset balances were approximately $2.9 million and $2.4 million at December 31, 2017 and 2016, respectively, and are recorded in other assets on the accompanying consolidated balance sheets. Net long-term deferred tax liability balances were approximately $51.6 million and $76.4 million at December 31, 2017 and 2016, respectively, and are recorded in deferred income taxes on the accompanying consolidated balance sheets.

Sonic has approximately $282.0 million in gross state net operating loss carryforwards that will expire between 2018 and 2037. Management reviews these carryforward positions, the time remaining until expiration and other opportunities to realize these carryforwards in making an assessment as to whether it is more likely than not that these carryforwards will be realized. The results of future operations, regulatory framework of the taxing authorities and other related matters cannot be predicted with certainty and, therefore, differences from the assumptions used in the development of management’s judgment could occur. As of December 31, 2017, Sonic had recorded a valuation allowance amount of approximately $8.0 million related to certain state net operating loss carryforward deferred tax assets as Sonic determined that it would not be able to generate sufficient state taxable income in the related entities to realize the accumulated net operating loss carryforward balances.

At January 1, 2017, Sonic had liabilities of approximately $5.2 million recorded related to unrecognized tax benefits. Included in the liabilities related to unrecognized tax benefits at January 1, 2017, was approximately $0.8 million related to interest and penalties which Sonic has estimated may be paid as a result of its tax positions. It is Sonic’s policy to classify the expense related to interest and penalties to be paid on underpayments of income taxes within income tax expense. A summary of the changes in the liability related to Sonic’s unrecognized tax benefits is presented below.

Approximately $4.7 million and $3.3 million of the unrecognized tax benefits as of December 31, 2017 and 2016, respectively, would ultimately affect the income tax rate if recognized. Included in the December 31, 2017 recorded liability is approximately $0.6 million related to interest and penalties which Sonic has estimated may be paid as a result of its tax positions. Sonic does not anticipate any significant changes in its unrecognized tax benefit liability within the next 12 months.

Sonic and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state jurisdictions. Sonic’s 2014 through 2017 U.S. federal income tax returns remain open to examination by the U.S. Internal Revenue Service. Sonic and its subsidiaries’ state income tax returns remain open to examination by state taxing authorities for years ranging from 2013 to 2017.

The primary effect of the change in the U.S. federal income tax rate from 35% to 21% as required by the 2017 Tax Cuts and Jobs Act (the “Act”) related to the adjustment of deferred income tax balances.  In periods prior to 2018, the income tax benefit or expense related to the reversal of deferred income tax assets and liabilities was expected to be realized at a federal rate of 35%.  Because of the Act, at December 31, 2017, the reversal of deferred income tax asset and liabilities in subsequent periods is recorded assuming a federal income tax rate of 21%.  There were no significant provisional amounts considered in Sonic’s recorded income tax balances at December 31, 2017.  However, as the Act was signed into law on December 22, 2017, clarifications of the Act’s provisions may be issued in 2018 that alter Sonic’s understanding of the Act’s provisions and thus may affect recorded income tax balances.  Interpretations related to the Act’s provisions concerning depreciation, interest and compensation deductibility could impact recorded income tax balances.