Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.10.0.1
Income Taxes
12 Months Ended
Dec. 31, 2018
Income Taxes  
Income Taxes

(7) Income Taxes

On December 22, 2017, the U.S. government enacted comprehensive tax legislation commonly referred to as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act made broad and complex changes to the U.S. tax code, including, but not limited to, (1) reducing the U.S. federal corporate tax rate from 35 percent to 21 percent; (2) bonus depreciation that will allow for full expensing of qualified property; (3) creating a new limitation on deductible interest expense; (4) eliminating the corporate alternative minimum tax (“AMT”) and changing how existing AMT credits can be realized; (5) changing rules related to uses and limitations of net operating loss carryforwards created in tax years beginning after December 31, 2018; and (6) limitations on the deductibility of certain executive compensation. The SEC issued guidance on accounting for the tax effects of the Tax Act. The Company reflected the income tax effects of those aspects of the Tax Act for which the accounting was known as of December 31, 2017.  As of December 31, 2018, the Company has completed its analysis of the Tax Act with no changes to the income tax effects presented at December 31, 2017.

Income tax benefit (expense) consists of:

 

 

 

 

 

 

 

 

 

 

 

Years ended December 31,

 

 

 

2018

 

2017

 

2016

 

 

 

amounts in thousands

 

Current:

    

 

 

    

 

    

 

 

Federal

 

$

 —

 

(11)

 

1,556

 

State and local

 

 

(355)

 

(84)

 

853

 

 

 

 

(355)

 

(95)

 

2,409

 

Deferred:

 

 

 

 

 

 

 

 

Federal

 

 

(17,501)

 

(301,837)

 

(493,890)

 

State and local

 

 

(4,068)

 

(115,001)

 

(66,888)

 

 

 

 

(21,569)

 

(416,838)

 

(560,778)

 

Income tax benefit (expense)

 

$

(21,924)

 

(416,933)

 

(558,369)

 

 

Income tax benefit (expense) differs from the amounts computed by applying the applicable U.S. federal income tax rate of 21% in 2018 and 35% in 2017 and 2016 as a result of the following: 

 

 

 

 

 

 

 

 

 

 

 

Years ended December 31,

 

 

 

2018

 

2017

 

2016

 

 

 

amounts in thousands

 

Computed expected tax benefit (expense)

    

$

(19,294)

    

(857,710)

    

(516,485)

 

State and local taxes, net of federal income taxes

 

 

(3,831)

 

(74,805)

 

(42,995)

 

Foreign taxes, net of foreign tax credit

 

 

 —

 

 —

 

(1,180)

 

Change in valuation allowance

 

 

380

 

(1,208)

 

683

 

Dividends received deduction

 

 

 —

 

 —

 

931

 

Change in tax rate - other

 

 

(27)

 

 —

 

45

 

Change in tax rate - U.S. tax reform

 

 

 —

 

515,773

 

 —

 

Derivative instrument

 

 

768

 

1,084

 

396

 

Other

 

 

80

 

(67)

 

236

 

Income tax (expense) benefit

 

$

(21,924)

 

(416,933)

 

(558,369)

 

 

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.

For the year ended December 31, 2016, the significant reconciling items, as noted in the table above, are the result of the effect of state income taxes.

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,

 

 

 

2018

 

2017

 

 

 

amounts in thousands

 

Deferred tax assets:

    

 

    

    

    

 

Tax loss and tax credit carryforwards

 

$

56,056

 

49,555

 

Accrued stock-based compensation

 

 

5,571

 

4,275

 

Deferred revenue

 

 

1,430

 

1,805

 

Other

 

 

44

 

64

 

Total deferred tax assets

 

 

63,101

 

55,699

 

Less: valuation allowance

 

 

(7,773)

 

(8,153)

 

Net deferred tax assets

 

 

55,328

 

47,546

 

Deferred tax liabilities:

 

 

 

 

 

 

Investments

 

 

(1,020,869)

 

(979,522)

 

Intangible assets

 

 

(261)

 

(617)

 

Other

 

 

(27)

 

 —

 

Total deferred tax liabilities

 

 

(1,021,157)

 

(980,139)

 

Net deferred tax asset (liability)

 

$

(965,829)

 

(932,593)

 

 

The Company’s valuation allowance decreased $0.4 million in 2018, which affected tax expense during the year ended December 31, 2018.

At December 31, 2018, the Company had a deferred tax liability on investments of $1,020.9 million due to its share of earnings in its equity investment in Charter.

At December 31, 2018, Liberty Broadband had federal and state net operating losses, capital loss carryforwards, interest expense carryforwards and tax credit carryforwards for income tax purposes aggregating $56.1 million (on a tax effected basis). Of the $56.1 million, $6.7 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 $7.8 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 2021.

As of December 31, 2018, the Company had not recorded tax reserves related to unrecognized tax benefits for uncertain tax positions.

As of December 31, 2018, the IRS has completed its examination of Liberty Broadband’s 2016 and 2017 tax years. Liberty Broadband’s 2018 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.