Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2012
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)   2012   2011   2010
Current:                        
Federal   $ 1,189     $ 3,124     $ (5,392 )
State     280       424       525  
Deferred:                        
Federal     (1,260 )     (1,828 )     3,990  
State     (1,597 )     (1,350 )     (2,158 )
Valuation Allowance     52       259       66  
Total   $ (1,336 )   $ 629     $ (2,969 )

 

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)   2012   2011   2010
Tax Expense at Federal Statutory Rate   $ (430 )   $ 1,934     $ (1,184 )
Increases (Decreases) Resulting From:                        
Tax-Exempt Interest Income     (402 )     (612 )     (955 )
Change in Reserve for Uncertain Tax Position     (347 )     (168 )     127  
State Taxes, Net of Federal Benefit     (856 )     (602 )     (1,062 )
Other     199       (182 )     39  
Change in Valuation Allowance     52       259       66  
Increase Deferred Tax Liability for Equity Investment     448                  
Actual Tax Expense   $ (1,336 )   $ 629     $ (2,969 )

 

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, 2012 and 2011 are as follows:

 

(Dollars in Thousands)   2012   2011
Deferred Tax Assets Attributable to:                
Allowance for Loan Losses   $ 11,253     $ 11,973  
Associate Benefits     297       297  
Accrued Pension/SERP     18,927       15,448  
Interest on Nonperforming Loans     777       580  
State Net Operating Loss and Tax Credit Carry-Forwards     5,002       4,119  
Federal Capital Loss and Credit Carry-Forwards     641       287  
Intangible Assets     224       198  
Core Deposit Intangible     1,687       2,487  
Contingency Reserve     9       241  
Accrued Expense     442       437  
Leases     413       410  
Other Real Estate Owned     9,869       10,551  
Other     2,610       895  
Total Deferred Tax Assets   $ 52,151     $ 47,923  
                 
Deferred Tax Liabilities Attributable to:                
Depreciation on Premises and Equipment   $ 7,117     $ 6,843  
Deferred Loan Fees and Costs     2,864       2,907  
Net Unrealized Gains on Investment Securities     585       880  
Intangible Assets     3,119       2,819  
Accrued Pension/SERP     1,870       3,368  
Securities Accretion     —         —    
Market Value on Loans Held for Sale     —         —    
Other     497       1,638  
Total Deferred Tax Liabilities     16,052       18,455  
Valuation Allowance     1,170       1,118  
Net Deferred Tax Asset   $ 34,929     $ 28,350  

  

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 2012. This valuation allowance at year-end 2012 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 2012. At year-end 2012, the Company had state loss and tax credit carry-forwards of approximately of $5 million, which expire at various dates from 2013 through 2032, and federal loss and tax credit carry-forwards of approximately $0.6 million, which begin to expire in 2015.

 

Changes in net deferred income tax assets were:

 

(Dollars in Thousands)   2012   2011
Balance at Beginning of Year   $ 28,350     $ 20,499  
Income Tax Benefit From Change in Pension Liability     3,479       5,135  
Income Tax Benefit (Expense) From Change in Unrealized Gains on Available-for-Sale Securities     295       (203 )
Deferred Income Tax Benefit on Continuing Operations     2,805       2,919  
Balance at End of Year   $ 34,929     $ 28,350  

 

The Company had unrecognized tax benefits at December 31, 2012, 2011, and 2010 of $4.2 million, $4.6 million, and $4.8 million, respectively, of which $2.7 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)   2012   2011   2010
Balance at January 1,   $ 4,577     $ 4,770     $ 4,589  
Additions Based on Tax Positions Related to Current  Year     508       522       611  
Decrease Due to Lapse in Statue of Limitations     (876 )     (715 )     (430 )
Balance at December 31   $ 4,209     $ 4,577     $ 4,770  

 

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 tax expense for the years ended December 31, 2012, 2011, and 2010 were $108,000, $(43,000), and $9,000, respectively. The amounts accrued for interest and penalties at December 31, 2012 and 2011 were $0.9 million and $1.1 million respectively.

 

The Company anticipates a significant decrease in the amount of unrecognized tax benefits in the next 12 months due to a lapse in the statute of limitations. The amount of the decrease is estimated to range from $0 to $1 million.

 

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 2009.