GEO GROUP INC Income Taxes Disclosure
The United States and foreign components of income before income taxes and equity in earnings in affiliates are as follows:
|
|
2025 |
|
|
2024 |
|
|
2023 |
|
|||
|
|
(In thousands) |
|
|||||||||
Income before income taxes and equity in earnings in affiliates |
|
|
|
|
|
|
|
|
|
|||
United States |
|
$ |
317,699 |
|
|
$ |
22,723 |
|
|
$ |
125,495 |
|
Foreign |
|
|
17,795 |
|
|
|
15,871 |
|
|
|
12,553 |
|
Income before income taxes and equity in earnings in affiliates |
|
$ |
335,494 |
|
|
$ |
38,594 |
|
|
$ |
138,048 |
|
The provision for income taxes consists of the following components:
|
|
2025 |
|
|
2024 |
|
|
2023 |
|
|||
|
|
(In thousands) |
|
|||||||||
Federal income taxes (benefit): |
|
|
|
|
|
|
|
|
|
|||
Current |
|
$ |
43,310 |
|
|
$ |
(2,253 |
) |
|
$ |
23,107 |
|
Deferred |
|
|
17,019 |
|
|
|
3,913 |
|
|
|
1,256 |
|
|
|
|
60,329 |
|
|
|
1,660 |
|
|
|
24,363 |
|
State income taxes (benefit): |
|
|
|
|
|
|
|
|
|
|||
Current |
|
|
14,619 |
|
|
|
3,952 |
|
|
|
6,139 |
|
Deferred |
|
|
4,943 |
|
|
|
(1,406 |
) |
|
|
766 |
|
|
|
|
19,562 |
|
|
|
2,546 |
|
|
|
6,905 |
|
Foreign income taxes (benefit): |
|
|
|
|
|
|
|
|
|
|||
Current |
|
|
5,702 |
|
|
|
6,165 |
|
|
|
4,677 |
|
Deferred |
|
|
127 |
|
|
|
(970 |
) |
|
|
(546 |
) |
|
|
|
5,829 |
|
|
|
5,195 |
|
|
|
4,131 |
|
Total U.S. and foreign provision for income taxes |
|
$ |
85,720 |
|
|
$ |
9,401 |
|
|
$ |
35,399 |
|
We adopted ASU 2023-09 "Income Taxes (Topic 740): Improvements To Income Tax Disclosures" on a prospective basis beginning with the year ended December 31, 2025. The following table presents required disclosure pursuant to ASU 2023-09 and reconciles the U.S. federal statutory tax amount and rate to our actual global effective amount and rate for the year ended December 31, 2025:
|
|
2025 |
|
|||||
|
|
(In thousands) |
|
|
Percent |
|
||
Tax at U.S. Statutory Rate |
|
$ |
70,453 |
|
|
|
21.0 |
% |
State and local income taxes, net of federal income tax effect(1) |
|
|
15,557 |
|
|
|
4.6 |
% |
Foreign tax effects |
|
|
2,121 |
|
|
|
0.6 |
% |
Effect of changes in tax laws or rates enacted in the current period |
|
|
— |
|
|
|
0.0 |
% |
Effect of cross-border tax laws |
|
|
321 |
|
|
|
0.1 |
% |
Tax credits |
|
|
(1,771 |
) |
|
|
-0.5 |
% |
Changes in valuation allowances |
|
|
— |
|
|
|
0.0 |
% |
Nontaxable or nondeductible items |
|
|
(527 |
) |
|
|
-0.2 |
% |
Changes in unrecognized tax benefits |
|
|
(154 |
) |
|
|
0.0 |
% |
Other, net |
|
|
(280 |
) |
|
|
0.0 |
% |
Total provision (benefit) for income taxes |
|
$ |
85,720 |
|
|
|
25.6 |
% |
(1) The states and local jurisdictions that contribute to the majority (greater than 50%) of the tax effect in this category include California, Florida and Texas.
The Company's effective tax rate differs from the U.S. statutory rate of 21% primarily due to a $2.1 million tax expense related to foreign tax effects, a $1.8 million tax benefit related to U.S. tax credits, and State income taxes, net of federal tax benefits of $15.6 million.
A reconciliation of the provision for income taxes to the amount computed by applying the 21% statutory U.S. federal income tax rate to income before income taxes prior to the adoption of ASU 2023-09 is as follows:
|
|
2024 |
|
|
2023 |
|
||
|
|
(In thousands) |
|
|||||
Provisions using statutory federal income tax rate |
|
$ |
8,105 |
|
|
$ |
28,990 |
|
State income taxes, net of federal tax benefit |
|
|
2,291 |
|
|
|
8,221 |
|
Change in valuation allowance |
|
|
(24 |
) |
|
|
(3,292 |
) |
Federal tax credits |
|
|
(1,507 |
) |
|
|
(1,733 |
) |
Effect of tax rate differential in foreign jurisdictions |
|
|
1,412 |
|
|
|
1,137 |
|
Tax impact of vested equity compensation |
|
|
192 |
|
|
|
2,879 |
|
Asset divestiture |
|
|
(921 |
) |
|
|
(1,529 |
) |
Interest deduction on equity issued (convertible debt) |
|
|
(3,503 |
) |
|
|
— |
|
Political contributions |
|
|
1,090 |
|
|
|
629 |
|
Change in cash surrender value - COLI |
|
|
(1,300 |
) |
|
|
(1,158 |
) |
Disallowed executive compensation - non-equity |
|
|
1,174 |
|
|
|
1,444 |
|
Other, net |
|
|
2,392 |
|
|
|
(189 |
) |
Total provision for income taxes |
|
$ |
9,401 |
|
|
$ |
35,399 |
|
The Company's 2024 effective tax rate differed from the U.S. statutory rate of 21% primarily due to the net tax benefit of $3.5 million ($42.5 million tax benefit of the tax deduction less $39.0 million tax expense of the related uncertain tax position) related to the $174.4 million tax deduction for GEO shares issued to holders of our 6.50% Exchangeable Senior Notes due 2026 that participated in private exchange transactions during 2024 as reflected in shareholders' equity, the tax benefit from the release of a valuation allowance of $3.3 million on certain state net operating losses used in 2023, and lower taxes on asset divestitures in 2024 and 2023 of $0.9 million and $1.5 million, respectively. Additionally, taxes differed due to state income taxes and foreign income taxes in excess of the US statutory rate in the presented periods. State income taxes, net of federal tax benefits of $2.3 million and $8.2 million were incurred in 2024, and 2023, respectively.
The following table presents the breakdown between non-current net deferred tax liabilities as classified on the balance sheets as of December 31, 2025 and 2024:
|
|
2025 |
|
|
2024 |
|
||
|
|
(In thousands) |
|
|||||
Deferred tax assets - non-current |
|
$ |
9,396 |
|
|
$ |
9,522 |
|
Deferred tax liabilities - non-current |
|
|
(99,689 |
) |
|
|
(78,198 |
) |
Total net deferred tax liabilities |
|
$ |
(90,293 |
) |
|
$ |
(68,676 |
) |
The significant components of the Company's deferred tax assets and liabilities consisted of the following as of December 31, 2025 and 2024:
|
|
2025 |
|
|
2024 |
|
||
Deferred tax assets: |
|
(In thousands) |
|
|||||
Net operating losses |
|
$ |
22,185 |
|
|
$ |
18,750 |
|
Accrued liabilities and reserves |
|
|
14,127 |
|
|
|
12,907 |
|
Deferred compensation |
|
|
20,335 |
|
|
|
17,974 |
|
Accrued compensation |
|
|
8,238 |
|
|
|
8,595 |
|
Deferred revenue |
|
|
990 |
|
|
|
1,071 |
|
Tax credits |
|
|
2,275 |
|
|
|
2,264 |
|
Equity awards |
|
|
2,629 |
|
|
|
3,797 |
|
Operating lease liability |
|
|
18,984 |
|
|
|
24,809 |
|
Other, net |
|
|
3,044 |
|
|
|
5,579 |
|
Valuation allowance |
|
|
(22,974 |
) |
|
|
(19,331 |
) |
Total deferred tax assets |
|
$ |
69,833 |
|
|
$ |
76,415 |
|
Deferred tax liabilities: |
|
|
|
|
|
|
||
Depreciation |
|
$ |
(91,879 |
) |
|
$ |
(79,352 |
) |
Intangible assets |
|
|
(49,885 |
) |
|
|
(41,838 |
) |
Other, net |
|
|
(18 |
) |
|
|
(17 |
) |
Lease right-of-use assets |
|
|
(18,344 |
) |
|
|
(23,884 |
) |
Total deferred tax liabilities |
|
$ |
(160,126 |
) |
|
$ |
(145,091 |
) |
|
|
|
|
|
|
|
||
Total net deferred tax liabilities |
|
$ |
(90,293 |
) |
|
$ |
(68,676 |
) |
Deferred income taxes should be reduced by a valuation allowance if it is not more likely than not that some portion or all of the deferred tax assets will be realized. On a periodic basis, management evaluates and determines the amount of the valuation allowance required and adjusts such valuation allowance accordingly. At year end 2025 and 2024, the Company has a valuation allowance of $23.0 million and $19.3 million, respectively related to deferred tax assets for foreign net operating losses and foreign tax credits, state net operating losses and state tax credits. The valuation allowance increased by $3.6 million during the year ended December 31, 2025 related to certain deferred tax assets that were determined to not be more likely than not to be realized.
At December 31, 2025, the Company had no Federal net operating loss carryforwards and $323.0 million of combined net operating loss carryforwards in various states which will begin to expire in 2027. The Company has recorded a partial valuation allowance against the deferred tax assets related to certain state operating losses. Related to the 2024 6.50% Exchangeable Senior Notes exchange transaction, the Company has an uncertain tax position of $32.8 million offsetting the above state net operating losses.
Also, as of the year ended December 31, 2025, the Company had $22.1 million of foreign net operating losses and $0.2 million foreign capital losses which carry forward indefinitely and $0.2 million of state tax credits which will begin to expire in 2027. The Company has recorded a partial valuation allowance against the deferred tax assets related to the foreign operating losses and state tax credits.
The Company recognizes the cost of employee services received in exchange for awards of equity instruments based upon the grant date fair value of those awards. The exercise of non-qualified stock options and vesting of restricted stock awards which have been granted under the Company’s equity award plans give rise to compensation income which is includable in the taxable income of the applicable employees and the majority of which is deductible by the Company for federal and state income tax purposes. In the case of non-qualified stock options, the compensation income results from increases in the fair market value of the Company's common stock subsequent to the date of grant. At December 31, 2025, the deferred tax asset related to unexercised stock options and restricted stock grants for which the Company has recorded a book expense was $2.6 million.
The Company recognizes the financial statement benefit of a tax position only after determining that the relevant tax authority would more likely than not sustain the position following an audit. For tax positions meeting the more-likely-than-not threshold, the amount recognized in the financial statements is the largest benefit that has a greater than 50 percent likelihood of being realized upon ultimate settlement with the relevant tax authority.
A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows:
|
|
2025 |
|
|
2024 |
|
|
2023 |
|
|||
|
|
(In thousands) |
|
|||||||||
Balance at Beginning of Period |
|
$ |
42,603 |
|
|
$ |
1,538 |
|
|
$ |
1,520 |
|
Additions based on tax positions related to the current year |
|
|
— |
|
|
|
40,707 |
|
|
|
— |
|
Additions for tax positions of prior years |
|
|
13 |
|
|
|
459 |
|
|
|
75 |
|
Reductions as a result of a lapse of applicable statutes of limitations |
|
|
(184 |
) |
|
|
(101 |
) |
|
|
(57 |
) |
Balance at End of Period |
|
$ |
42,432 |
|
|
$ |
42,603 |
|
|
$ |
1,538 |
|
All tax figures in the above reconciliation are reported on a gross basis and do not reflect a federal tax benefit on state income taxes. The Company has accrued $38.4 million of uncertain tax benefits as of December 31, 2025 which is inclusive of the federal tax benefit on state income taxes. This accrual includes $36.7 million related to the tax deduction on shares provided related to the 6.50% Exchangeable Senior Notes exchange transactions. Included in the balance of uncertain tax positions as of December 31, 2025 are $40.7 million of unrecognized tax benefits which, if ultimately recognized, will reduce the Company’s annual effective tax rate.
The Company is subject to income taxes in the U.S. federal jurisdiction, and various states and foreign jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. The Company is no longer subject to tax examination of its 2021 U.S. federal return. Additionally, with few exceptions, it is no longer subject to state and local, or non-U.S. income tax examinations by tax authorities for the years before 2021.
The calculation of the Company’s provision (benefit) for income taxes requires the use of significant judgment and involves dealing with uncertainties in the application of complex tax laws and regulations. In determining the adequacy of the Company’s provision (benefit) for income taxes, potential settlement outcomes resulting from income tax examinations are regularly assessed. As such, the final outcome of tax examinations, including the total amount payable or the timing of any such payments upon resolution of these issues, cannot be estimated with certainty.
During the year ended December 31, 2025, the Company recognized a net increase in interest of $0.5 million related to the unrecognized
tax benefits noted in the table above. There was no potential penalty recorded during the years ended December 31, 2025,2024 or 2023.
The Company had approximately $1.0 million, $0.5 million and $0.4 million accrued for interest and penalties as of December 31, 2025, 2024 and 2023, respectively. The Company classifies interest and penalties as interest expense and operating expense, respectively.
The following table presents the income taxes paid by jurisdiction for the year ended December 31, 2025:
|
|
2025 |
|
|
Income Taxes Paid (Net of Refunds Received) |
|
(In thousands) |
|
|
Federal |
|
$ |
16,887 |
|
State and local |
|
|
|
|
California |
|
|
3,210 |
|
Texas |
|
|
1,933 |
|
All other state |
|
|
2,166 |
|
Foreign |
|
|
|
|
Australia |
|
|
4,292 |
|
All other foreign |
|
|
1,058 |
|
Total cash taxes paid |
|
$ |
29,546 |
|
Historical Timeline
| Fiscal Year | Filed | |
|---|---|---|
| 2025 | Feb 25, 2026 | Showing above |
| 2024 | Feb 28, 2025 | |
| 2023 | Feb 29, 2024 | |
| 2022 | Feb 27, 2023 | |
| 2021 | Feb 28, 2022 | |
| 2020 | Feb 16, 2021 | |
| 2019 | Feb 26, 2020 | |
| 2018 | Feb 25, 2019 | |
| 2017 | Feb 26, 2018 | |
| 2016 | Feb 27, 2017 | |
| 2015 | Feb 26, 2016 | |
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.