INCOME TAXES |
3 Months Ended |
|---|---|
Mar. 31, 2019 | |
| Income Tax Disclosure [Abstract] | |
| INCOME TAXES |
INCOME TAXES
The Company records its quarterly tax provision based on an estimate of the annual effective tax rate expected to apply to continuing operations for the various jurisdictions in which it operates. The tax effects of certain items, such as tax rate changes, significant unusual or infrequent items, and certain changes in the assessment of the realizability of deferred taxes, are recognized as discrete items in the period in which they occur and are excluded from the estimated annual effective tax rate.
For the three months ended March 31, 2019, the Company's estimated annual effective tax rate remained nominal as a result of the full valuation allowance on deferred tax assets. Based on the Company's estimated results for the period ending March 31, 2019, the Company anticipates remaining in a net deferred tax asset position. Based on the available positive and negative evidence, the Company expects to maintain a full valuation allowance as it cannot objectively assert that the deferred tax assets are more likely than not to be realized. During the quarter, the Company generated sufficient earnings and is no longer in a cumulative loss position as evaluated based on the generally prescribed view of a rolling 12 quarter assessment. However, there remains some uncertainty around the Company’s ability to fully utilize NOL carryforwards prior to expiration and potential impacts of Internal Revenue Code Section 382 (“Section 382”) ownership changes that would limit the amount of NOL carryforward available for use against future taxable income. Each reporting period, Management evaluates all positive and negative evidence and continues to maintain that a release of the valuation allowance is possible during an interim period in 2019. The Company determined that the negative evidence regarding the uncertainty of the possible Section 382 limitations warranted maintaining the full valuation allowance at March 31, 2019.
The release of the valuation allowance would result in the recognition of certain net deferred tax assets and a decrease to income tax expense for the period the release is recorded. However, the exact timing and amount of any potential valuation allowance release is subject to change based on the levels of profitability that the Company is able to actually achieve.
The Company’s ability to utilize NOL carryforwards and other tax attributes to reduce future federal taxable income is subject to potential limitations under Section 382 and its related tax regulations. The utilization of these attributes may be limited if certain ownership changes by 5% stockholders (as defined in Treasury regulations pursuant to Section 382) and the effects of stock issuances by the Company during any three-year period result in a cumulative change of more than 50% in the beneficial ownership of Gulfport. The Company is currently conducting a Section 382 analysis to determine if an ownership change has occurred. If it is determined that an ownership change has occurred under these rules, the Company would generally be subject to an annual limitation on the use of pre-ownership change NOL carryforwards and certain other losses and/or credits. In addition, certain future transactions regarding the Company's equity, including the cumulative effects of small transactions as well as transactions beyond the Company’s control, could cause an ownership change and therefore a potential limitation on the annual utilization of their deferred tax assets. The results of the Section 382 analysis will provide further evidence for the Company to consider in determining whether a full, partial or limited release of the valuation allowance is warranted in future periods.
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