Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v2.4.0.6
INCOME TAXES
12 Months Ended
Dec. 31, 2011
Income Tax Disclosure [Abstract]  
INCOME TAXES

Note 10

INCOME TAXES

 

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

 

(Dollars in Thousands) 2011     2010     2009  
Current:                
Federal $ 3,124     $ (5,392   $ 2,340  
State   424       525       417  
Deferred:                      
Federal   (1,828 )     3,990       (5,767 )
State   (1,350 )     (2,158 )     (2,475 )
Valuation Allowance   259       66       149  
Total $ 629     $ (2,969   $ (5,336

 

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) 2011     2010     2009  
Tax Expense at Federal Statutory Rate $ 1,934     $ (1,184   $ (3,083
Increases (Decreases) Resulting From:                      
Tax-Exempt Interest Income   (612 )     (955 )     (1,533 )
Change in Reserve for Uncertain Tax Position    (168      127        687  
State Taxes, Net of Federal Benefit   (602 )     (1,062 )     (1,337 )
Other   (182     39       (219
Change in Valuation Allowance   259       66       149  
Actual Tax Expense $ 629     $ (2,969   $ (5,336

 

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, 2011 and 2010 are as follows:

 

(Dollars in Thousands) 2011     2010  
Deferred Tax Assets attributable to:          
Allowance for Loan Losses $ 11,973     $ 13,671  
Associate Benefits   297       297  
Accrued Pension/SERP   15,448       10,313  
Interest on Nonperforming Loans   580       807  
State Net Operating Loss and Tax Credit Carry-Forwards   4,119       3,541  
Federal Capital Loss and Credit Carry-Forwards   287       -  
Intangible Assets   198       173  
Core Deposit Intangible   2,487       3,195  
Contingency Reserve   241       52  
Accrued Expense   437       466  
Leases   410       407  
Other Real Estate Owned   10,551       7,052  
Other   895       1,008  
Total Deferred Tax Assets $ 47,923     $ 40,982  
               
Deferred Tax Liabilities attributable to:              
Depreciation on Premises and Equipment $ 6,843     $ 6,411  
Deferred Loan Fees and Costs   2,907       4,127  
Net Unrealized Gains on Investment Securities   880       677  
Intangible Assets   2,819       2,519  
Accrued Pension/SERP   3,368       4,256  
Securities Accretion   -       2  
Market Value on Loans Held for Sale   -       72  
Other   1,638       1,560  
Total Deferred Tax Liabilities   18,455       19,624  
Valuation Allowance   1,118       859  
Net Deferred Tax Assets $ 28,350     $ 20,499  

 

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 2011. This valuation allowance at year-end 2011 was $0.9 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 was recorded in 2011 in the amount of $0.2 million. At year-end 2011, the Company had state net operating loss carry-forwards of approximately $100 million, which expire at various dates from 2023 through 2031, federal capital loss carry-forwards of approximately $0.1 million that expire in 2015, and federal alternative minimum tax credit carry-forwards of approximately $0.3 million that never expire. The Bank also has state tax credit carry-forwards of approximately $0.7 million, which expire at various dates from 2012 through 2016.

 

Changes in net deferred income tax assets were:

 

(Dollars in Thousands) 2011     2010  
Balance at Beginning of Year $ 20,499     $ 21,466  
Income Tax Benefit From Change in Pension Liability   5,135       628  
Income Tax (Expense) Benefit From Change in Unrealized (Gains) Losses on Available-for-Sale Securities   (203 )     72  
Income Tax Benefit From Changes in Other Temporary Impairment of Securities   -       231  
Deferred Income Tax Benefit (Expense) on Continuing Operations   2,919       (1,898
Balance at End of Year $ 28,350     $ 20,499  

 

The Company had unrecognized tax benefits at December 31, 2011, 2010, and 2009 of $4.6 million, $4.8 million, and $4.6 million, respectively, of which $3.0 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) 2011     2010     2009  
Balance at January 1, $ 4,770     $ 4,589     $ 3,916  
Additions Based on Tax Positions Related to Current  Year   522       611       673  
Decrease Due to Lapse in Statue of Limitations   (715 )     (430 )     -  
Decrease Based on Tax Positions Related to Prior Year   -       -       -  
Balance at December 31 $ 4,577     $ 4,770     $ 4,589  

 

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 for the years ended December 31, 2011, 2010, and 2009 were $(43,000), $9,000, and $250,000, respectively. The amounts accrued for interest and penalties at December 31, 2011, 2010, and 2009 were $1.1 million for each respective year.

 

No significant increases or decreases in the amounts of unrecognized tax benefits are expected in the next 12 months.

 

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 2008.