v3.19.3.a.u2
Income Taxes
12 Months Ended
Dec. 31, 2019
Income Taxes [Abstract]  
Income Taxes
The components of income tax expense from continuing operations for the years ended December 31 were as follows:
 
2019
 
2018
 
2017
 
(In millions)
Current income tax expense:
 
 
 
 
 
Federal
$
279

 
$
175

 
$
373

State
62

 
29

 
30

Total current expense
$
341

 
$
204

 
$
403

Deferred income tax expense:
 
 
 
 
 
Federal
$
29

 
$
130

 
$
180

State
33

 
53

 
36

Total deferred expense
$
62

 
$
183

 
$
216

Total income tax expense
$
403

 
$
387

 
$
619


__________
Note: The table above does not include total income tax expense (benefit) from discontinued operations of zero, $80 million, and $(3) million in 2019, 2018 and 2017, respectively. The deferred income tax expense (benefit) reflected in discontinued operations was zero, $43 million and $(7) million in 2019, 2018 and 2017, respectively.
On December 22, 2017, Tax Reform was enacted. Effective January 1, 2018, Tax Reform reduced the maximum corporate statutory federal income tax rate from 35 percent to 21 percent. With the enactment of Tax Reform, the Company recognized additional income tax expense of approximately $61 million at December 31, 2017. This amount represented an estimate based on information available at December 31, 2017. During 2018, the Company made the determination to and completed administrative filings with the Internal Revenue Service that allowed it to accelerate various deductions into 2017. As a result, the Company recognized during the 2018 measurement period approximately $37 million in tax benefits due to Tax Reform. The measurement period ended in December 2018.
Except for the revaluation adjustment recorded in 2017 due to Tax Reform related to unrealized gains and losses included in stockholders' equity, income tax expense does not reflect the tax effects of unrealized losses on securities transferred to held to maturity, unrealized gains and losses on securities available for sale, unrealized gains and losses on derivative instruments and the net change from defined benefit pension plans and other postretirement benefits. Refer to Note 15 for additional information on stockholders' equity and accumulated other comprehensive income (loss).
The Company accounts for investment tax credits using the deferral method. Investment tax credits generated totaled $59 million, $90 million and $102 million for 2019, 2018 and 2017, respectively.
Income taxes from continuing operations for financial reporting purposes differs from the amount computed by applying the statutory federal income tax rate of 21 percent for the years ended December 31, 2019 and 2018, and 35 percent for the year ended December 31, 2017, as shown in the following table:
 
2019
 
2018
 
2017
 
(Dollars in millions)
Tax on income from continuing operations computed at statutory federal income tax rate
$
417

 
$
410

 
$
651

Increase (decrease) in taxes resulting from:
 
 
 
 
 
State income tax, net of federal tax effect
75

 
65

 
43

Tax-exempt interest
(39
)
 
(37
)
 
(54
)
Affordable housing investment amortization, net of tax benefits (excluding Tax Reform)
(34
)
 
(37
)
 
(52
)
Deferred tax revaluation and other impacts of Tax Reform

 
(37
)
 
61

Non-deductible expenses
19

 
28

 
3

Bank-owned life insurance
(19
)
 
(16
)
 
(32
)
Lease financing
5

 
11

 
16

Other, net
(21
)
 

 
(17
)
Income tax expense
$
403

 
$
387

 
$
619

Effective tax rate
20.3
%
 
19.8
%
 
33.3
%
__________
Note: Income tax expense includes amortization of affordable housing investments of $131 million, $137 million, and $160 million (including $23 million due to impact of Tax Reform in 2017) for 2019, 2018 and 2017, respectively. The additional income tax expense due to Tax Reform of $61 million in 2017 included $133 million of income tax expense related to the revaluation of unrealized gains and losses included in stockholders' equity.
Significant components of the Company’s net deferred tax asset (liability) at December 31 are listed below:
 
2019
 
2018
 
(In millions)
Deferred tax assets:
 
 
 
Allowance for loan losses
$
231

 
$
226

Right of use liability
124

 

State net operating losses, net of federal tax effect
50

 
73

Unrealized losses included in stockholder's equity
30

 
325

Accrued expenses
30

 
48

Federal tax credit carryforwards
12

 
14

Other
16

 
21

Total deferred tax assets
493

 
707

Less: valuation allowance
(32
)
 
(30
)
Total deferred tax assets less valuation allowance
461

 
677

Deferred tax liabilities:
 
 
 
Lease financing
354

 
330

Right of use asset
115

 

Goodwill and intangibles
92

 
94

Employee benefits and deferred compensation
90

 
82

Mortgage servicing rights
61

 
73

Fixed assets
42

 
41

Other
35

 
37

Total deferred tax liabilities
789

 
657

Net deferred tax asset (liability)
$
(328
)
 
$
20

The following table provides details of the Company’s tax carryforwards at December 31, 2019, including the expiration dates, any related valuation allowance and the amount of pre-tax earnings necessary to fully realize each net deferred tax asset balance:
 
Expiration Dates
 
Deferred Tax
Asset Balance
 
Valuation
Allowance
 
Net Deferred Tax
Asset Balance
 
Pre-Tax
Earnings
Necessary to
Realize (1)
 
(In millions)
General business credits
2039
 
$
12

 
$

 
$
12

 
$ N/A

Net operating losses-states
2020-2024
 
23

 
11

 
12

 
253

Net operating losses-states
2025-2031
 
20

 
16

 
4

 
65

Net operating losses-states
2032-2039
 
5

 
5

 

 

Net operating losses-states
None
 
2

 

 
2

 
N/A

________
(1) N/A indicates that net operating losses with no expiration and tax credits are not measured on a pre-tax basis.

As detailed in the table above, the Company had a deferred tax asset of $30 million net of valuation allowance related to net operating losses and tax credit carryforwards at December 31, 2019, of which $16 million will expire before 2032 (as detailed in the table above).
The Company’s determination of the realization of the net deferred tax asset is based on its assessment of all available positive and negative evidence. At December 31, 2019, positive evidence supporting the realization of the deferred tax assets includes a history of positive earnings with no history of significant tax credit carryforwards expiring unused. In addition, the reversal of taxable temporary differences, excluding goodwill and the inclusion of the accretion of taxable temporary differences related to leveraged leases acquired in a previous business combination, will offset approximately $718 million of the gross deferred tax assets, which is significantly larger than the $461 million deferred tax asset balance net of valuation allowance at December 31, 2019.
.
The Company believes that a portion of the state net operating loss carryforwards and state tax credit carryforwards will not be realized due to the length of certain state carryforward periods. Accordingly, a valuation allowance has been established in the amount of $32 million against such benefits at December 31, 2019 compared to $30 million at December 31, 2018.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
 
2019
 
2018
 
2017
 
(In millions)
Balance at beginning of year
$
13

 
$
27

 
$
31

Additions based on tax positions taken in a prior period
25

 

 

Additions based on tax positions taken in the current period

 
11

 

Reductions based on tax positions taken in a prior period

 
(13
)
 

Settlements

 
(11
)
 

Expiration of statute of limitations
(1
)
 
(1
)
 
(4
)
Balance at end of year
$
37

 
$
13

 
$
27

The Company files U.S. federal, state, and local income tax returns. In 2015, the Company entered the IRS’s Compliance Assurance Process program and tax years 2018 and 2019 remain open. Other than potential adjustments related to credits claimed through amended returns, tax years prior to 2018 are no longer subject to examination by the IRS. Also, with few exceptions, the Company is no longer subject to state and local income tax examinations for tax years before 2015. Currently, there are no material disputed tax positions with federal or state taxing authorities. Accordingly, the Company does not anticipate that any adjustments relating to federal or state tax examinations will result in material changes to its business, financial position, results of operations or cash flows.
As a result of the potential resolution of certain federal and state income tax positions, it is reasonably possible that the UTBs could decrease as much as $28 million during the next twelve months, since resolved items will be removed from the balance whether their resolution results in payment or recognition in earnings.
As of December 31, 2019, 2018 and 2017, the balances of the Company’s UTBs that would reduce the effective tax rates, if recognized, were $34 million, $10 million and $21 million, respectively. The remainder of the UTB balance has indirect tax benefits in other jurisdictions or is the tax effect of temporary differences.
Income tax expense for 2019, 2018 and 2017, includes a total expense (benefit) of $1 million, $(2) million and $(2) million, respectively, for interest expense, interest income and penalties before the impact of any applicable federal and state deductions. As of December 31, 2019 and 2018, the Company had a liability of $1 million and zero, respectively, for interest and penalties related to income taxes, before the impact of any applicable federal and state deductions.