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The Bank recognizes current income tax expense in an amount which approximates the amount of tax <br />to be paid or refunded for the current period. The Bank recognizes deferred income tax liabilities and assets <br />for the expected future tax consequences of events that the Bank includes in our financial statements or tax <br />returns. Under this method, the Bank determines deferred income tax liabilities and assets based on the <br />difference between the financial statement and tax bases of assets and liabilities using enacted tax rates in <br />effect for the years in which the differences are expected to reverse. Deferred tax assets are recognized if it <br />is more likely than not that they will be realized. Realization is dependent on generating sufficient taxable <br />income prior to expiration of any loss carry forward balance. The Bank's net tax asset is presented as a <br />component of other assets. <br />Income tax benefits are recognized and measured based upon a two-step model: (1) a tax position <br />must be more -likely -than -not to be sustained based solely on its technical merits in order to be recognized, <br />and (2) the benefit is measured as the largest dollar amount of that position that is more -likely -than -not to <br />be sustained upon settlement. The difference between the benefit recognized and the tax benefit claimed on <br />the return is referred to as an unrecognized tax benefit. Foreign taxes paid are generally applied as credits <br />to reduce federal income taxes payable. Tax -related interest is recognized as a component of income tax <br />expense. Penalties are recognized as a component of other noninterest expense. <br />Derivative Instruments and Hedging Activities <br />Derivatives are recognized on the consolidated balance sheet at fair value and designated as (1) a <br />hedge of the fair value of a recognized asset or liability or of an unrecognized firm commitment ("fair <br />value" hedge), (2) a hedge of a forecasted transaction or the variability of cash flows to be received or paid <br />related to a recognized asset or liability ("cash flow" hedge) or (3) held for trading, customer <br />accommodation or not designated for hedge accounting ("free standing derivative instrument"). <br />The Bank formally documents the relationship between hedging instruments and hedged items, as <br />well as the risk management objective and strategy for undertaking various hedge transactions. The Bank <br />also formally assesses both at the inception of the hedge and on a quarterly basis, whether the derivative <br />instruments are considered effective in offsetting changes in fair values of or cash flows related to hedged <br />items. For a fair value hedge, changes in the fair value of the derivative instrument and changes in the fair <br />value of the hedged asset or liability or of an unrecognized firm commitment attributable to the hedged risk <br />are recorded in current period income. For a cash flow hedge, to the extent that the hedge is considered <br />effective, changes in the fair value of the derivative instrument are recorded in other comprehensive <br />income within stockholder's equity. The fair value is subsequently reclassified into the income statement in <br />the same period and classification of the hedged transaction. Any portion of the changes in fair value of <br />derivatives designated as a hedge that is deemed ineffective is recorded in current period earnings. <br />For free standing derivative instruments, changes in the fair values are reported in current period <br />income. <br />Valuations of derivative assets and liabilities reflect the value of the instrument including the values <br />associated with counterparty risk and the Bank's own credit standing; refer to Note 15, Derivative <br />Financial Instruments for additional information. <br />The Bank occasionally purchases or originates financial instruments that contain embedded features <br />that may require recognition as separate embedded derivative instruments. Such embedded derivatives are <br />separated from the hybrid financial instrument and carried at fair value with changes recorded in current <br />period earnings. <br />-14- <br />2011 Bank of the West Annual Report <br />