Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.6.0.2
Income Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
Income Taxes

7. Income Taxes

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

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

 

 

(In thousands)

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

43,655

 

 

$

36,241

 

 

$

36,874

 

State

 

 

3,766

 

 

 

6,414

 

 

 

5,771

 

Total current

 

 

47,421

 

 

 

42,655

 

 

 

42,645

 

Deferred

 

 

13,275

 

 

 

14,410

 

 

 

20,523

 

Total provision for income taxes for continuing operations - (benefit) expense

 

$

60,696

 

 

$

57,065

 

 

$

63,168

 

 

The reconciliation of the statutory federal income tax rate with Sonic’s federal and state overall effective income tax rate from continuing operations is as follows:

 

 

 

Year Ended December 31,

 

 

 

2016

 

 

2015

 

 

2014

 

Statutory federal income tax rate

 

 

35.00

%

 

 

35.00

%

 

 

35.00

%

Effective state income tax rate

 

 

2.04

%

 

 

3.26

%

 

 

3.15

%

Valuation allowance adjustments

 

 

0.85

%

 

 

(0.45

%)

 

 

(0.14

%)

Uncertain tax positions

 

 

0.17

%

 

 

(0.14

%)

 

 

(0.08

%)

Other

 

 

1.05

%

 

 

1.64

%

 

 

1.13

%

Effective income tax rate

 

 

39.11

%

 

 

39.31

%

 

 

39.06

%

 

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:

 

 

 

December 31, 2016

 

 

December 31, 2015

 

 

 

(In thousands)

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Accruals and reserves

 

$

34,884

 

 

$

33,397

 

State net operating loss carryforwards

 

 

10,777

 

 

 

10,187

 

Fair value of interest rate swaps

 

 

1,406

 

 

 

3,793

 

Interest and state taxes associated with the liability for uncertain income tax positions

 

 

1,746

 

 

 

1,725

 

Other

 

 

774

 

 

 

864

 

Total deferred tax assets

 

 

49,587

 

 

 

49,966

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Basis difference in inventory

 

 

(1,506

)

 

 

(1,530

)

Basis difference in property and equipment

 

 

(9,335

)

 

 

(9,850

)

Basis difference in goodwill

 

 

(101,999

)

 

 

(86,504

)

Other

 

 

(3,540

)

 

 

(3,249

)

Total deferred tax liability

 

 

(116,380

)

 

 

(101,133

)

Valuation allowance

 

 

(7,211

)

 

 

(5,880

)

Net deferred tax asset (liability)

 

$

(74,004

)

 

$

(57,047

)

 

Net short-term deferred tax asset balances were zero and approximately $13.6 million at December 31, 2016 and 2015, respectively, and are recorded in other current assets on the accompanying consolidated balance sheets. Net long-term deferred tax asset balances were approximately $2.4 million and $2.8 million at December 31, 2016 and 2015, respectively, and are recorded in other assets on the accompanying consolidated balance sheets. Net short-term deferred tax liability balances were zero and approximately $0.1 million at December 31, 2016 and 2015, respectively, and are recorded in other accrued liabilities on the accompanying consolidated balance sheets. Net long-term deferred tax liability balances were approximately $76.4 million and $73.3 million at December 31, 2016 and 2015, respectively, and are recorded in deferred income taxes on the accompanying consolidated balance sheets. See Note 1, “Description of Business and Summary of Significant Accounting Policies,” for discussion of the adoption of ASU 2015-17 during the year ended December 31, 2016.

Sonic has approximately $294.5 million in gross state net operating loss carryforwards that will expire between 2017 and 2036. 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, 2016, Sonic had recorded a valuation allowance amount of approximately $7.2 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, 2016, Sonic had liabilities of approximately $5.8 million recorded related to unrecognized tax benefits. Included in the liabilities related to unrecognized tax benefits at January 1, 2016, was approximately $1.1 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.

 

 

 

2016

 

 

2015

 

 

2014

 

 

 

(In thousands)

 

Unrecognized tax benefit liability, January 1 (1)

 

$

4,755

 

 

$

5,740

 

 

$

6,693

 

Prior period positions:

 

 

 

 

 

 

 

 

 

 

 

 

Increases

 

 

939

 

 

 

175

 

 

 

181

 

Decreases

 

 

(415

)

 

 

-

 

 

 

(66

)

Increases from current period positions

 

 

615

 

 

 

184

 

 

 

195

 

Settlements

 

 

-

 

 

 

-

 

 

 

(897

)

Lapse of statute of limitations

 

 

(1,290

)

 

 

(1,114

)

 

 

(170

)

Other

 

 

(247

)

 

 

(230

)

 

 

(196

)

Unrecognized tax benefit liability, December 31 (2)

 

$

4,357

 

 

$

4,755

 

 

$

5,740

 

(1)

Excludes accrued interest and penalties of $1.1 million, $1.2 million and $1.1 million at January 1, 2016, 2015 and 2014, respectively.

(2)

Excludes accrued interest and penalties of $0.8 million, $1.1 million and $1.2 million at December 31, 2016, 2015 and 2014, respectively. Amount presented is net of state net operating losses of $0.3 million, $0.6 million and $0.8 million at December 31, 2016, 2015 and 2014, respectively.

Approximately $3.3 million and $2.6 million of the unrecognized tax benefits as of December 31, 2016 and 2015, respectively, would ultimately affect the income tax rate if recognized. Included in the December 31, 2016 recorded liability is approximately $0.9 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 twelve months.

Sonic and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state jurisdictions. Sonic’s 2013 through 2016 U.S. federal income tax returns remain open to examination by the Internal Revenue Service. Sonic and its subsidiaries’ state income tax returns remain open to examination by state taxing authorities for years ranging from 2006 to 2016.