Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.1.9
Income Taxes
12 Months Ended
Dec. 31, 2014
Income Tax Disclosure [Abstract]  
Income Taxes
11. Income Taxes

The provision for income taxes consists of the following (in thousands):

 

     Year Ended December 31,  
     2014      2013      2012  

Federal:

        

Current

   $ 28,452       $ 20,245       $ 18,866   

Deferred

     (566      (8,077      —     
  

 

 

    

 

 

    

 

 

 
  27,886      12,168      18,866   

State:

Current

  4,123      2,522      2,641   

Deferred

  1,443      (1,199     
  

 

 

    

 

 

    

 

 

 
  5,566      1,323      2,641   

Foreign:

Current

  —        244      —     

Deferred

  —        —        —     
  

 

 

    

 

 

    

 

 

 
  244   
  

 

 

    

 

 

    

 

 

 

Provision for income taxes

$ 33,452    $ 13,735    $ 21,507   
  

 

 

    

 

 

    

 

 

 

 

Significant components of the Company’s deferred tax assets (liabilities), net are as follows (in thousands):

 

     Year Ended December 31,  
     2014      2013  

Deferred Tax Assets, Net

     

Current:

     

Accrued expenses and bonuses

   $ 5,435       $ 5,668   

Bad debt and other reserves

     2,009         1,290   

Deferred compensation

     2,796         2,325   

Stock compensation

     4,205         369   

Deferred rent

     324         335   

Prepaid expenses

     (1,392      (915

State taxes

     250         (389
  

 

 

    

 

 

 

Current deferred tax assets, net before valuation allowance

  13,627      8,683   

Valuation allowance

  (27   (20
  

 

 

    

 

 

 

Current deferred tax assets, net

$ 13,600    $ 8,663   
  

 

 

    

 

 

 

Non-current:

Fixed assets and leasehold improvements

$ 203    $ 427   

Litigation reserve

  —        887   

Deferred compensation

  6,076      6,396   

Stock compensation

  15,502      19,151   

Deferred Rent

  997      1,259   

Other comprehensive income

  (113   —     

Unrealized gain on foreign currency

  56      —     

Net operating loss carryforwards

  680      1,544   

State taxes

  (1,435   (2,213
  

 

 

    

 

 

 

Non-current deferred tax assets, net before valuation allowance

  21,966      27,451   

Valuation allowance

  (701   (266
  

 

 

    

 

 

 

Non-Current deferred tax assets, net

$ 21,265    $ 27,185   
  

 

 

    

 

 

 

As of December 31, 2014, the Company had state and Canadian net operating losses (“NOLs”) of approximately $3.5 million, which will begin to expire in 2019. Certain limitations may be placed on NOLs as a result of “changes in control” as defined in Section 382 of the Internal Revenue Code. In the event a change in control occurs, it will have the effect of limiting the annual usage of the carryforwards in future years. Additional changes in control in future periods could result in further limitations of the Company’s ability to offset taxable income. In addition, the utilization of these NOLs may be subject to certain limitations under state and foreign laws.

A valuation allowance is required when it is more-likely-than not that all or a portion of a deferred tax asset will not be realized. Realization of deferred tax asset is dependent upon taxable income in prior carryback years, estimates of future taxable income, tax planning strategies and reversals of existing taxable temporary differences. Management determined that as of December 31, 2014 and 2013, $728,000 and $286,000, respectively, of the deferred tax assets related to state and Canadian NOLs do not satisfy the recognition criteria and therefore have recorded a valuation allowance for this amount. The valuation allowance for deferred tax assets was increased by $442,000 during 2014 and primarily related to the Company’s Canadian operations.

 

The provision for income taxes differs from the amount computed by applying the statutory federal corporate income tax rate of 35% to income before provision for income taxes as a result of the following (in thousands):

 

     Year Ended December 31,  
     2014      2013      2012  

Income tax expense at the federal statutory rate of 35%

   $ 29,044       $ 7,679       $ 17,305   

State income tax expenses, net of federal benefit

     3,622         985         2,423   

Permanent difference related to compensation charges

     163         3,445         —     

Other

     181         361         8   

Change in valuation allowance

     442         —           —     

Differences due to tax-sharing agreement

     —           1,265         1,771   
  

 

 

    

 

 

    

 

 

 

Provision for income taxes

$ 33,452    $ 13,735    $ 21,507   
  

 

 

    

 

 

    

 

 

 

During the year ended December 31, 2014, the Company recorded $6.9 million, as a reduction to income tax payable, primarily in connection with the settlement of DSUs/RSAs and IPO transaction costs, of which, $5.2 million, was credited directly to additional paid-in capital in the Stockholders’ equity section of the accompanying consolidated balance sheets.

As of December 31, 2014 and 2013, the Company has no liabilities for unrecognized tax benefits. At December 31, 2014 and 2013, the Company had not recognized any interest or penalties in the consolidated statements of net and comprehensive income or balance sheets.

The Company is subject to tax in various jurisdictions and, as a matter or ordinary course, the Company is subject to income tax examinations by the federal, state and foreign taxing authorities for the tax years 2009 to 2014. The Company is not currently under income tax examination by any taxing authorities.

The Company has not provided for U.S. taxes on undistributed earnings of its foreign subsidiary as it is operating at a loss and has no earnings and profits to remit.

Prior to the IPO, the Company was part of a consolidated federal income tax return and various combined and consolidated state tax returns that were filed by its former parent. The Company had a tax-sharing agreement whereby the Company provided for income taxes in its consolidated statements of net and comprehensive income using an effective tax rate of 43.5%. In addition, all deferred tax assets and liabilities were recorded by its former parent. As part of the Spin-Off, the Company’s tax sharing agreement with its former parent was terminated effective October 31, 2013. As a result the tax provision for the period November 1, 2013 through December 31, 2013 is calculated under the asset and liability method. Prior to November 1, 2013, all deferred tax assets and liabilities were recorded by MMC. On October 31, 2013, all deferred tax assets and liabilities allocable to the Company aggregating $26.6 million previously recorded by MMC were transferred to the Company. See Note 9 – “Stockholders’ Equity” for additional information.