Note 16. Income Taxes
Publicly traded partnerships like ours are treated as corporations unless they have 90% or more in “qualifying income” (as that term is defined in the Internal Revenue Code). We satisfied this requirement in each of the years ended December 31, 2025, 2024 and 2023 and, as a result, are not subject to federal income tax. However, our partners are individually responsible for paying federal income tax on their share of our taxable income. Net earnings for financial reporting purposes may differ significantly from taxable income reportable to our unitholders as a result of differences between the tax basis and financial reporting basis of certain assets and liabilities and other factors. We do not have access to information regarding each partner’s individual tax basis in our limited partner interests.
Income taxes are accounted for under the asset-and-liability method. Deferred tax assets and liabilities are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases and operating loss and tax credit carryforwards. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. The effect on deferred tax assets and liabilities of a change in tax rates is recognized in income in the period that includes the enactment date.
We recognize the effect of income tax positions only if those positions are more likely than not of being sustained. Recognized income tax positions are measured at the largest amount that is greater than 50% likely of being realized. Changes in recognition or measurement are reflected in the period in which the change in judgment occurs. Accounting guidance provides that a tax benefit from an uncertain tax position may be recognized when it is more likely than not that the position will be sustained upon examination, including resolutions of any related appeals or litigation processes, based on the technical merits. We did not rely on any uncertain tax positions in recording our income tax-related amounts during the years ended December 31, 2025, 2024 and 2023.
Tabular Disclosures Regarding Income Taxes
Our federal, state and foreign income tax benefit (provision) is summarized below:
For the Year Ended December 31,
202520242023
Current portion of income tax provision:
Federal$(2)$(2)$(12)
State25 (18)(20)
Total current portion23 (20)(32)
Deferred portion of income tax provision:
Federal(17)(16)17 
State(29)(28)(29)
Foreign
– (1)– 
Total deferred portion(46)(45)(12)
Total provision for income taxes$(23)$(65)$(44)
A reconciliation of the provision for income taxes with amounts determined by applying the statutory U.S. federal income tax rate to income before income taxes is as follows:
For the Year Ended December 31,
202520242023
Pre-Tax Net Book Income (“NBI”)$5,899 $6,035 $5,701 
Income tax provision at the U.S. federal income tax rate
(1,239)(21.0)%(1,267)(21.0)%(1,197)(21.0)%
Reduction (increase) in provision for income taxes resulting from:
Partnership income not subject to federal income tax1,220 20.7 %1,250 20.7 %1,181 20.7 %
Texas Margin Tax (1)(3)(0.1)%(44)(0.7)%(49)(0.9)%
Change in valuation allowance (2)– – %– – %22 0.4 %
Other(1)– %(4)(0.1)%(1)– %
Provision for income taxes $(23)(0.4)%$(65)(1.1)%$(44)(0.8)%
Effective income tax rate(0.4)%(1.1)%(0.8)%
(1)Although the Texas Margin Tax is not considered a state income tax, it has the characteristics of an income tax since it is determined by applying a tax rate to a base that considers our Texas-sourced revenues and expenses.
(2)During 2023, management concluded that it is more likely than not that the deferred tax assets attributable to OTA will be fully realizable. As a result, for the year-end December 31, 2023, we recorded a full release of the valuation allowance against OTA’s deferred tax assets.
Deferred income taxes are determined based on the temporary differences between the financial statement and income tax bases of assets and liabilities as measured by the enacted tax rates, which will be in effect when these differences reverse.
The following table presents the significant components of deferred tax assets and deferred tax liabilities at the dates indicated:
December 31,
20252024
Deferred tax liabilities:
Attributable to investment in OTA (1)$495 $462 
Attributable to property, plant and equipment172 151 
Attributable to investments in other entities
Other107 98 
Total deferred tax liabilities778 716 
Deferred tax assets:
Net operating loss carryovers (2)73 56 
Temporary differences related to Texas Margin Tax
Total deferred tax assets76 60 
Total net deferred tax liabilities$702 $656 
(1)Represents the deferred tax liability balance held by our wholly owned subsidiary, OTA, which we acquired in March 2020.
(2)The loss amount presented as of December 31, 2025 has an indefinite carryover period. All losses are subject to limitations on their utilization.
The following table presents income taxes paid, net of refunds received, during the periods indicated:
For the Year Ended December 31,
202520242023
Federal$$$
State11 18 21 
Total $12 $20 $24 

Historical Timeline

Fiscal YearFiled
2025Feb 27, 2026Showing above
2024Feb 28, 2025
2023Feb 28, 2024
2022Feb 28, 2023
2020Mar 1, 2021
2019Feb 28, 2020

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.