Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2013
Income Tax Disclosure [Abstract]  
INCOME TAXES

Note 9

INCOME TAXES

 

The provision for income taxes reflected in the statements of comprehensive income is comprised of the following components:

 

(Dollars in Thousands)   2013   2012   2011
Current:                        
  Federal   $ (75 )   $ 1,189     $ 3,124  
  State     195       280       424  
      120       1,469       3,548  
                         
Deferred:                        
  Federal     1,650       (1,260 )     (1,828 )
  State     99       (1,597 )     (1,350 )
  Valuation Allowance     56       52       259  
      1,805       (2,805 )     (2,919 )
                         
Total:                        
  Federal     1,575       (71 )     1,296  
  State     294       (1,317 )     (926 )
  Valuation Allowance     56       52       259  
Total   $ 1,925     $ (1,336 )   $ 629  

 

Income taxes provided were different than the tax expense computed by applying the statutory federal income tax rate of 35% to pre-tax income as a result of the following:

 

(Dollars in Thousands)   2013   2012   2011
Tax Expense at Federal Statutory Rate   $ 2,790     $ (430 )   $ 1,934  
Increases (Decreases) Resulting From:                        
Tax-Exempt Interest Income     (385 )     (402 )     (612 )
Change in Reserve for Uncertain Tax Positions     (777 )     (347 )     (168 )
State Taxes, Net of Federal Benefit     191       (856 )     (602 )
Other     50       199       (182 )
Change in Valuation Allowance     56       52       259  
Increase Deferred Tax Liability for Equity Investment     —         448       —    
Actual Tax Expense   $ 1,925     $ (1,336 )   $ 629  

 

Deferred income tax liabilities and assets result from differences between assets and liabilities measured for financial reporting purposes and for income tax return purposes.  These assets and liabilities are measured using the enacted tax rates and laws that are currently in effect.  The net deferred tax asset and the temporary differences comprising that balance at December 31, 2013 and 2012 are as follows:

 

(Dollars in Thousands)   2013   2012
Deferred Tax Assets Attributable to:                
Allowance for Loan Losses   $ 8,910     $ 11,253  
Accrued Pension/SERP     5,284       18,927  
State Net Operating Loss and Tax Credit Carry-Forwards     4,906       5,002  
Other Real Estate Owned     9,459       9,869  
Other     5,304       7,100  
Total Deferred Tax Assets   $ 33,863     $ 52,151  
                 
Deferred Tax Liabilities Attributable to:                
Depreciation on Premises and Equipment   $ 6,322     $ 7,117  
Deferred Loan Fees and Costs     2,446       2,864  
Intangible Assets     3,419       3,119  
Accrued Pension/SERP     —         1,870  
Other     526       1,082  
Total Deferred Tax Liabilities     12,713       16,052  
Valuation Allowance     1,226       1,170  
Net Deferred Tax Asset   $ 19,924     $ 34,929  

 

In the opinion of management, it is more likely than not that all of the deferred tax assets, with the exception of the separate state net operating loss carry-forward of CCBG, the separate state net operating loss carry-forwards of an inactive subsidiary, and certain of the Bank’s separate state tax credit carry-forwards, will be realized. Accordingly, a valuation allowance for CCBG’s separate state net operating loss carry-forward was recorded in 2008 and increased for CCBG’s additional state operating loss carry-forward generated in 2009 through 2013. This valuation allowance at year-end 2013 was $1.0 million. In addition, a valuation allowance for the inactive subsidiary’s separate state net operating loss carry-forwards and for certain of the Bank’s state tax credit carry-forwards totaled $0.2 million at year-end 2013. At year-end 2013, the Company had state loss and tax credit carry-forwards of approximately $4.9 million, which expire at various dates from 2014 through 2032, and federal and tax credit carry-forwards of approximately $0.3 million that never expire.

 

The Company had unrecognized tax benefits at December 31, 2013, 2012, and 2011 of $3.2 million, $4.2 million, and $4.6 million, respectively, of which $2.1 million would increase income from continuing operations, and thus impact the Company’s effective tax rate, if ultimately recognized into income.

 

A reconciliation of the beginning and ending unrecognized tax benefit is as follows:

 

(Dollars in Thousands)   2013   2012   2011
Balance at January 1,   $ 4,209     $ 4,577     $ 4,770  
Additions Based on Tax Positions Related to Current  Year     —         508       522  
Decrease Due to Lapse in Statue of Limitations     (981 )     (876 )     (715 )
Balance at December 31   $ 3,228     $ 4,209     $ 4,577  

 

It is the Company’s policy to recognize interest and penalties accrued relative to unrecognized tax benefits in their respective federal or state income taxes accounts. The total amounts of interest and penalties recorded in the income statement – income taxes for the years ended December 31, 2013, 2012, and 2011 were $139,000, $108,000, and $43,000, respectively. The amounts accrued for interest and penalties at December 31, 2013 and 2012 were $0.8 million and $0.9 million respectively.

 

The Company expects a $3.2 million decrease in the amount of unrecognized tax benefits in the next 12 months due to the resolution of certain tax contingencies.

 

The Company and its subsidiaries file a consolidated U.S. federal income tax return, as well as file various returns in states where its banking offices are located.  The Company is no longer subject to U.S. federal or state tax examinations for years before 2010.