Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

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INCOME TAXES
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
INCOME TAXES

12.          INCOME TAXES

The Company's income tax provision consisted of the following:

For the years ended December 31,   2019     2018     2017  
(in thousands)                  
Current:                        
Federal   $ 43,593     $ 49,911     $ 76,178  
State     15,337       13,602       13,406  
Foreign     6,111       7,929       7,158  
Total current tax     65,041       71,442       96,742  
Deferred:                        
Federal     (5,217 )     6,091       17,249  
State     (1,518 )     1,957       1,610  
Foreign     (493 )     (420 )     (223 )
Total deferred tax     (7,228 )     7,628       18,636  
Total income tax provision   $ 57,813     $ 79,070     $ 115,378  

The primary factors causing income tax expense to be different than the federal statutory rate for 2019, 2018 and 2017 are as follows:

For the years ended December 31,   2019     2018     2017  
(in thousands)                  
Income tax at statutory rate   $ 54,845     $ 65,254     $ 103,075  
State income tax expense (net of federal benefit)     10,182       12,984       9,979  
Foreign tax expense/(benefit)     933       1,186       (1,613 )
Foreign tax credit     (242 )     (234 )     (221 )
Repatriation tax under TCJA     (844 )     1,233       7,956  
Pension settlement     (10,537 )            
Restricted Stock Adjustment     (2,973 )     (4,420 )     (4,064 )
Other     6,449       3,067       266  
Total income tax provision   $ 57,813     $ 79,070     $ 115,378  

Other includes the release of deferred tax liabilities, tax credits, valuation allowance, and other immaterial adjustments.

On December 22, 2017 the Tax Cuts and Jobs Act (TCJA) was signed into law. The TCJA reduced the corporate tax rate from 35% to 21% and made numerous other tax law changes. In 2017, the SEC issued Staff Accounting Bulletin No. 118 which permitted the recording of provisional amounts related to the impact of the TCJA during a measurement period not to exceed one year. A provisional amount based on reasonable estimates was made with respect to the tax implications associated with the deemed repatriated earnings on foreign subsidiaries based on the initial analysis of the TCJA. Certain tax effects of the TCJA were recognized in the year ended December 31, 2017, resulting in the recording of $11.6 million of additional tax expense. The additional tax of $11.6 million related to the following components: $8.0 million related to the imposition of a tax on deemed repatriated earnings of foreign subsidiaries due to implementation of a territorial tax system, $2.9 million related to re-measurement of deferred tax assets to the 21% tax rate, and $0.7 million related to reductions in tax benefits on stock compensation. During 2018, the Company completed the analysis of earnings and profits of foreign investments. This resulted in the recognition at year ended December 31, 2018 of an additional $1.2 million related to the imposition of a tax on deemed repatriated earnings of foreign subsidiaries. The Company has elected to include the global intangible low-taxed income (GILTI) as part of tax expense in the year incurred.

The Provision for Income Taxes resulted in an effective tax rate of 22.1% on Income Before Income Taxes for the year ended December 31, 2019. The effective rate differs from the annual federal statutory rate primarily because of state and foreign income taxes and beneficial adjustments related to the pension settlement.

For 2018 the effective tax rate was 25.4%. The effective rate differs from the annual federal statutory rate primarily because of state and foreign income taxes, tax benefits associated with restricted stock and adjustments due to the TCJA.

For 2017 the effective tax rate was 39.2%. The effective income tax rate differs from the annual federal statutory tax rate primarily because of state and foreign income taxes, adjustments due to the TCJA partially offset by tax benefits associated with restricted stock, and the increase of available foreign tax credits.

During 2019, 2018 and 2017, the Company paid income taxes of $75.8 million, $77.3 million and $90.7 million, respectively, net of refunds.

Deferred income taxes reflect the net tax effects of the temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and income tax purposes. Significant components of the Company's deferred tax assets and liabilities at December 31, 2019 and 2018 are as follows:

December 31,   2019     2018  
(in thousands)            
Deferred tax assets:                
Termite accrual   $ 786     $ 812  
Insurance and contingencies     18,464       18,136  
Unearned revenues     11,506       11,091  
Compensation and benefits     11,983       11,238  
State and foreign operating loss carryforwards     3,939       5,346  
Bad debt reserve     4,312       3,687  
Foreign tax credit     3,972       6,664  
Other     2,439       2,060  
Valuation allowance     (83 )     (76 )
Total deferred tax assets     57,318       58,958  
Deferred tax liabilities:                
Depreciation and amortization     (24,981 )     (21,237 )
Net pension liability     (5,279 )     (1,340 )
Intangibles and other     (34,805 )     (29,466 )
Total deferred tax liabilities     (65,065 )     (52,043 )
Net deferred taxes      
Deferred tax assets   $ 2,180     $ 6,915  
Deferred tax liabilities   $ (9,927 )   $  

Analysis of the valuation allowance:

December 31,   2019     2018  
(in thousands)            
Valuation allowance at beginning of year   $ 76     $ 24  
Increase in valuation allowance     7       52  
Valuation allowance at end of year   $ 83     $ 76  

As of December 31, 2019, the Company has net operating loss carryforwards for foreign and state income tax purposes of approximately $85.3 million, which will be available to offset future taxable income. If not used, these carryforwards will expire between 2020 and 2032. Management believes that it is unlikely to be able to utilize approximately $0.4 million of foreign net operating losses before they expire and has included a valuation allowance for the effect of these unrealizable operating loss carryforwards. The valuation allowance increased by $0.04 million due to foreign net operating losses.

Earnings from continuing operations before income tax included foreign income of $26.7 million in 2019, $22.7 million in 2018 and $22.1 million in 2017. The Company’s international business is expanding, and we intend to continue to grow the business in foreign markets in the future through reinvestment of foreign deposits and future earnings as well as acquisition of unrelated companies. Repatriation of cash from the Company’s foreign subsidiaries is not part of the Company’s current business plan.

The total amount of unrecognized tax benefits at December 31, 2019 that, if recognized, would affect the effective tax rate is $0.8 million.

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

December 31,   2019     2018  
(in thousands)            
Unrecognized tax benefits at beginning of year   $ 2,554     $ 3,148  
Additions for tax positions of prior years     844        
Reductions for tax positions of prior years     (2,554 )     (594 )
Unrecognized tax benefits at end of year   $ 844     $ 2,554  

The Company and its subsidiaries are subject to U.S. federal income tax as well as income tax of multiple state and foreign jurisdictions. In addition, the Company has subsidiaries in various state and international jurisdictions that are currently under audit for years ranging from 2012 through 2018. With few exceptions, we are no longer subject to U.S. federal, state and local, or non-U.S., income tax examinations for years prior to 2012.

It is reasonably possible that the amount of unrecognized tax benefits will decrease in the next 12 months.

The Company’s policy is to record interest and penalties related to income tax matters in income tax expense. Accrued interest and penalties were $0.03 million and $1.0 million as of December 31, 2019 and 2018, respectively. During 2019 the Company recognized interest and penalties of $0.1 million.