Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
Income Taxes
7. Income Taxes

The provision for income tax (benefit) expense from continuing operations consists of the following:

 

     Year Ended December 31,  
      2013      2012      2011  
     (In thousands)  

Current:

        

Federal

   $ 33,367       $ 22,982       $ 3,677   

State

     5,647         1,090         8,646   
  

 

 

    

 

 

    

 

 

 

Total current

     39,014         24,072         12,323   

Deferred

     5,329         25,900         39,408   
  

 

 

    

 

 

    

 

 

 

Total provision for income taxes — (benefit) expense

   $ 44,343       $ 49,972       $ 51,731   
  

 

 

    

 

 

    

 

 

 

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,  
     2013     2012     2011  

Statutory federal rate

     35.00     35.00     35.00

Effective state income tax rate

     3.22     4.22     3.92

Valuation allowance adjustments

     0.33     (3.15 %)        

Uncertain tax positions

     (1.76 %)      (3.37 %)      (0.40 %) 

Other

     (2.42 %)      2.68     0.30
  

 

 

   

 

 

   

 

 

 

Effective tax rate

     34.37     35.38     38.82
  

 

 

   

 

 

   

 

 

 

 

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,     December 31,  
     2013     2012  
     (In thousands)  

Deferred tax assets:

    

Accruals and reserves

   $ 38,931      $ 40,944   

State net operating loss carryforwards

     10,194        11,093   

Fair value of interest rate swaps

     6,185        12,999   

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

     1,910        3,260   

Other

     701        269   
  

 

 

   

 

 

 

Total deferred tax assets

     57,921        68,565   

Deferred tax liabilities:

    

Basis difference in inventory

     (1,636     (2,055

Basis difference in property and equipment

     (1,978     (9,993

Basis difference in goodwill

     (57,028     (36,381

Other

     (2,328     (3,791
  

 

 

   

 

 

 

Total deferred tax liability

     (62,970     (52,220

Valuation allowance

     (6,758     (6,333
  

 

 

   

 

 

 

Net deferred tax asset (liability)

   $ (11,807   $ 10,012   
  

 

 

   

 

 

 

Net short-term deferred tax asset balances were approximately $15.9 million and $16.5 million at December 31, 2013 and 2012, respectively, and are recorded in other current assets on the accompanying Consolidated Balance Sheets. Net long-term deferred tax asset balances were approximately $3.9 and $4.3 million at December 31, 2013 and 2012, respectively, and are recorded in other assets on the accompanying Consolidated Balance Sheets. Net long-term deferred tax liability balances were approximately $31.6 million and $10.8 million at December 31, 2013 and 2012, respectively, and are recorded in deferred income taxes on the accompanying Consolidated Balance Sheets.

Sonic has approximately $283.6 million in gross state net operating loss carryforwards that will expire between 2015 and 2032. 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, 2013, Sonic had recorded a valuation allowance amount of approximately $6.8 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, 2013, Sonic had liabilities of approximately $11.5 million recorded related to unrecognized tax benefits. Included in the liabilities related to unrecognized tax benefits at January 1, 2013, was approximately $2.4 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.

 

     2013     2012     2011  
     (In thousands)  

Unrecognized tax benefit liability, January 1(1)

   $ 9,097      $ 13,689      $ 22,535   

Prior period positions:

      

Increases

     409        35        684   

Decreases

     (233     (1,101       

Increases from current period positions

     799        1,155        1,498   

Settlements

     (1,721     (2,924     (9,391

Lapse of statute of limitations

     (1,164     (1,275     (1,175

Other

     (494     (482     (462
  

 

 

   

 

 

   

 

 

 

Unrecognized tax benefit liability, December 31(2)

   $ 6,693      $ 9,097      $ 13,689   
  

 

 

   

 

 

   

 

 

 
(1) Excludes accrued interest and penalties of $2.4 million, $4.9 million and $5.1 million at January 1, 2013, 2012 and 2011, respectively.

 

(2) Excludes accrued interest and penalties of $1.1 million, $2.4 million and $4.9 million at December 31, 2013, 2012 and 2011, respectively. Amount presented is net of state net operating losses of $1.0 million, $1.3 million and $3.5 million at December 31, 2013, 2012 and 2011, respectively.

Approximately $3.0 million and $5.5 million of the unrecognized tax benefits as of December 31, 2013 and 2012, respectively, would ultimately affect the income tax rate if recognized. Included in the December 31, 2013 recorded liability is approximately $1.1 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 United States federal income tax as well as income tax of multiple state jurisdictions. Sonic’s 2010 through 2013 United States federal income tax returns remain open to examination by the Internal Revenue Service. Sonic and its subsidiaries’ state income tax returns are open to examination by state taxing authorities for years ranging from 2006 to 2013.