Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.19.3.a.u2
Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes  
Income Taxes

(7) Income Taxes

On December 22, 2017, the U.S. government enacted the Tax Act. The Tax Act made broad and complex changes to the U.S. tax code, the most significant of which was a reduction to the U.S. federal corporate tax rate from 35 percent to 21 percent. The Company reflected the income tax effects of the Tax Act for which the accounting was known as of December 31, 2017.  As of December 31, 2018, the Company had completed its analysis of the tax effects of the Tax Act.

Income tax benefit (expense) consists of:

Years ended December 31,

 

2019

2018

2017

 

amounts in thousands

 

Current:

    

    

    

Federal

$

 

 

(11)

State and local

 

(2)

 

(355)

 

(84)

 

(2)

 

(355)

 

(95)

Deferred:

Federal

 

(30,841)

 

(17,501)

 

(301,837)

State and local

 

(7,099)

 

(4,068)

 

(115,001)

 

(37,940)

 

(21,569)

 

(416,838)

Income tax benefit (expense)

$

(37,942)

 

(21,924)

 

(416,933)

Income tax benefit (expense) differs from the amounts computed by applying the applicable U.S. federal income tax rate of 21%in 2019 and 2018 and 35% in 2017 as a result of the following:

Years ended December 31,

2019

2018

2017

 

amounts in thousands

 

Computed expected tax benefit (expense)

    

$

(32,583)

    

(19,294)

    

(857,710)

State and local taxes, net of federal income taxes

 

(5,414)

 

(3,831)

 

(74,805)

Change in valuation allowance

 

(249)

 

380

 

(1,208)

Change in tax rate - other

 

18

 

(27)

 

Change in tax rate - U.S. tax reform

515,773

Derivative instrument

246

768

1,084

Other

 

40

 

80

 

(67)

Income tax (expense) benefit

$

(37,942)

 

(21,924)

 

(416,933)

For the year ended December 31, 2019, the significant reconciling item, as noted in the table above, is the result of state income taxes.

For the year ended December 31, 2018, the significant reconciling items, as noted in the table above, are the result of state income taxes, partially offset by unrealized gains attributable to the Company’s own stock which is not recognized for tax purposes.

For the year ended December 31, 2017, the significant reconciling items, as noted in the table above, are the result of the effect of the change in the U.S. federal corporate tax rate from 35% to 21% on deferred taxes and the effect of state income taxes. The Company recorded a discrete net tax benefit of $516 million in the period ending December 31, 2017. This net benefit primarily consisted of a net benefit for the corporate rate reduction.

The tax effects of temporary differences and tax attributes that give rise to significant portions of the deferred income tax assets and deferred income tax liabilities are presented below:

December 31,

 

2019

2018

 

amounts in thousands

 

Deferred tax assets:

    

    

    

    

Tax loss and tax credit carryforwards

$

66,329

 

56,056

Accrued stock-based compensation

 

7,969

 

5,571

Deferred revenue

 

1,562

 

1,430

Other

 

114

 

44

Total deferred tax assets

 

75,974

 

63,101

Less: valuation allowance

 

(8,021)

 

(7,773)

Net deferred tax assets

 

67,953

 

55,328

Deferred tax liabilities:

Investments

 

(1,067,492)

 

(1,020,869)

Intangible assets

(46)

(261)

Other

 

(74)

 

(27)

Total deferred tax liabilities

 

(1,067,612)

 

(1,021,157)

Net deferred tax asset (liability)

$

(999,659)

 

(965,829)

The Company’s valuation allowance increased $0.2 million in 2019, which affected tax expense during the year ended December 31, 2019.

At December 31, 2019, the Company had a deferred tax liability on investments of $1,067.5 million due to its share of earnings in its equity investment in Charter.

At December 31, 2019, Liberty Broadband had federal and state net operating losses, capital loss carryforwards, interest expense carryforwards and tax credit carryforwards for income tax purposes aggregating $66.3 million (on a tax effected basis). Of the $66.3 million, $17.1 million are carryforwards with no expiration. The remaining carryforwards expire at certain future dates. These carryforwards are expected to be utilized prior to expiration, except for $8.0 million which based on current projections, may expire unused and accordingly are subject to a valuation allowance.  The carryforwards that are expected to be utilized will begin to expire in 2020.

As of December 31, 2019, the Company had not recorded tax reserves related to unrecognized tax benefits for uncertain tax positions.

As of December 31, 2019, the IRS has completed its examination of Liberty Broadband’s 2016, 2017 and 2018 tax years.  Liberty Broadband’s 2019 tax year is being examined as part of the IRS’s Compliance Assurance Process “CAP” program. Because Liberty Broadband’s ownership of Charter is less than the required 80%, Charter is not consolidated with Liberty Broadband for federal income tax purposes.