I've looked into Amazon as a case study of how a reduction in valuation allowance can play out.
Amazon's EBT in 2004, 2003, and 2002, was as follows:
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In Q4'04 Amazon's income statement looked like this:
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They posted these additional comments in the Q4'04 quarterly report:
As a result, this is how Amazon's valuation allowance changed in 2004:
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In recent years, it seems like Amazon's valuation allowance has once again gone up significantly:
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Judging from reading their 10-K, it sounds like the increase in recent years is due tax assets in different jurisdictions in which they're not sure yet they will be able to recognize them.
Four observations from all of this:
- The valuation allowance decreased by a $622M from 2003 to 2004, but only $350M was recognized. I have been unable to find out where the other $272M went.
- In the case of Amazon, a very large part of their valuation allowance was due to "tax-deductible stock-based compensation", that did NOT show up on the P&L.
- Jurisdictions play a role in being able to reduce valuation allowance. Being overall profitable, doesn't mean no more valuation allowance.
- If one considers Amazon's 2003 income break-even, Amazon started to reduce valuation allowance after it's first full year of GAAP Profits.
How these relate to Tesla and S&P 500 inclusion:
- The fact that nowhere near all of Amazon's $1.5B valuation allowance was recognized on the P&L, does not bode well for Tesla's chances of recognizing enough for S&P 500 inclusion.
- It seems likely that the same thing would happen in Tesla's situation. Maybe @The Accountant knows more about how these "tax-deductible stock-based compensations tax assets" are recognized, but it seems like it would not be on the P&L.
- I don't know enough to comment on how jurisdictions will hurt or help Tesla in recognizing their valuation allowance. Does anybody else have any input here?
- I've never invested in or followed Amazon, but if there are any early 2000's Amazon investors reading this, it'd help to know what Amazon's prospects looked like at the end of 2003 and 2004.
Amazon 2004 10-K
Amazon Q4'04 Quarterly Report
Amazon 2018 10-K
Here is another release of VA case study.
This time I've looked at Twitter, who released VA much more recently than Amazon in 2018.
I still believe this to be somewhat unlikely in terms of leading to S&P 500 inclusion after Q4 financials, because of three uncertainties:
- Exactly what conditions need to be met for accountants to determine "more than 50% likelihood of being recognizable" of the NOLs? What factors influence the decision, and how important are certain factors relative to others?
- If Tesla as of Q4'19 fulfills these conditions, by how much will the VA be reduced? DTAs aren't all created equally, and Tesla may only qualify to release part of the VAs. Amazon also showed us that some could not end up on the P&L.
- Will the S&P 500 add Tesla to its index if the TTM profitability requirement was met because of a reduction in VA?
I'll try to shed a bit more light on #1 and #2 in this post by looking at Twitter.
Twitter's profitability leading up to VA releases
Twitter first started releasing VA in Q2'18, and released the largest chunk in Q3'18, so first let's look at Twitter's profits and EBT leading up to Q2'18.
We all know Twitter barely secured S&P 500 inclusion after Q1'18.
Twitter 2017 Net loss: -$108,063k
Twitter 2017 Q1 Net loss: -$61,559k
Twitter 2017 Q2-Q4 Net loss: -$108,063k + $61,559k = -$46,504k
Twitter 2018 Q1 Net income: $60,997k
Twitter 2018 Q1 TTM Net income: $14,493k
So Twitter just barely secured S&P 500 inclusion and TTM GAAP Profitability after Q1'18, but
they waited another quarter before beginning to release VA.
Judging from the podcast about VA that
@The Accountant posted yesterday, it sounds like objectively verifiable evidence is stronger than evidence that cannot be objectively verified. I'd imagine Tesla's order backlog could be a stronger piece of evidence than a forecast of user and ad revenue growth was in the case of Twitter, but I'd nonetheless imagine that past evidence of profitability is going to weigh the heaviest. Tesla's TTM EBT after Q4'19 is likely still going to be negative approximately $500M, so this could be a headwind. But it's not inconceivable that Q3'19's cost reductions & margin improvements, and a 2020 forecast based on current order backlog and order rates, could be strong enough enough evidence towards future profitability to release VAs.
All in all, I feel like this could go either way. An accountant who has had experience with VA releases might be able to weigh in better on the exact requirements, but it seems like a lot of judgement is required. If true, and if it could go either way, it might depend on whether Tesla thinks the potential scrutiny over the timing of the VA release is worth an early S&P inclusion. I feel like Elon would love the early S&P 500 inclusion to screw over the shortzes, but I think Elon today might be wiser and might not rush the S&P 500 inclusion.
Twitter's VA Releases
Next, let's look at the VAs that were released:
Q2'18
Q2 marked our third consecutive quarter of GAAP profitability with net income of $100 million, net margin of 14%, and diluted EPS of $0.13. Last year, we reported a GAAP net loss of $116 million, net margin of (20%), and diluted EPS of ($0.16). Approximately $42 million of net income or $0.05 of diluted EPS in Q2 was from a net tax benefit primarily driven by the release of a deferred tax asset valuation allowance for Brazil. We expect to have an additional net income tax benefit due to valuation allowance releases for the US in Q3. We expect to remain GAAP-profitable throughout 2018 even when excluding both the Brazil and US valuation allowance releases.
Q3'18
Q3 marked our fourth consecutive quarter of GAAP profitability with net income of $789 million, net margin of 104%, and diluted EPS of $1.02. Excluding the release of deferred tax asset valuation allowances of $683 million, we generated Q3 net income of $106 million, net margin of 14%, and diluted EPS of $0.14. Last year, we reported a GAAP net loss of $21 million, net margin of (4%), and diluted EPS of ($0.03). Please note that going forward, as a result of the US Tax Act, our GAAP tax rate will be higher than our tax rate for our actual cash tax liabilities until we utilize all of our net operating loss carryforwards. Due to the mechanics of the Global Intangible Low-Taxed Income (GILTI) provisions, we will continue to calculate GAAP taxes on worldwide earnings in the US without the benefit of foreign taxes paid.
Q4'18
Twitter VA Releases:
Q2'18: $41,688M
Q3'18: $683,606M
Q4'18: $119,835M
Total: $845,129M
Next, let's take a look at how the VA on Twitter's balance sheet changed:
A reduction of $810,464M, very closely matching the numbers that got added to the P&L. Presumably the $845M that was added to P&L all came directly from the balance sheet, but there were some new VAs that had to be added to the balance sheet in 2018 on new DTAs.
This bodes much better for Tesla than the Amazon case study where only a small portion of the VAs ended up on the P&L. The only uncertainty I have about this is that I am unsure how Tesla's jurisdictions will influence this. Tesla most likely incurred most of its losses in the US where it has built most of its factories, but where will Tesla have to pay tax for cars sold in China and the EU? If Tesla has the option to transfer these earnings to the US, does it have to transfer the cash as well? That would seem like a bad idea, because it's going to need local cash in the EU and China to build Giga 3 and Giga 4. On the other hand, maybe Tesla's US profits alone could be enough to release VAs? I don't have the answers to these questions, but maybe
@The Accountant or other tax professionals can provide further insight in to how this works.
Another Interesting piece of information
One other interesting thing I found when researching Twitter is this from the Q2'19 10-Q:
Our provision (benefit) for income taxes consists of federal and state income taxes in the United States and income taxes in certain foreign jurisdictions. In the six months ended June 30, 2019, we recognized tax benefits of $1.21 billion related to intra-entity transfers of intangible assets that will have deferred future benefits, for which we established deferred tax assets.
This looks unrelated to VA, and looks like they are simply putting new tax strategies to work, but it's still interesting.
Conclusion
All in all, I think the Twitter case study bodes better for Tesla than the Amazon case study did. The main reason being that
Twitter released ~65% of its entire VA allowance related to US taxes in a single quarter in Q3'18.
However, the timing bodes less well for Tesla, because Twitter released this large chunk
after its fourth consecutive quarter of GAAP Profitability, and two quarters
after achieving TTM GAAP Profitability and S&P 500 inclusion.
Tesla's case is different for a number of reasons, so we could see fireworks on the 29th, but there are still a large number of factors that are hard for anyone outside of Tesla to gauge the impact of.
Sources:
Twitter Q1'18 Quarterly Report
Twitter Q2'18 Quarterly Report
Twitter Q3'18 Quarterly Report
Twitter Q4'18 Quarterly Report
Twitter 2017 10-K
Twitter 2018 10-K
Twitter Q2'19 10-Q