(16) Income Taxes
Income (loss) from continuing operations before income taxes included the following components for the years ended December 31:
| | | | | | | | | | | | | | | | | |
| (Amounts in millions) | 2025 | | 2024 | | 2023 |
| Domestic | $ | 319 | | | $ | 469 | | | $ | 263 | |
Foreign (1) | 114 | | | 126 | | | 40 | |
| Income (loss) from continuing operations before income taxes | $ | 433 | | | $ | 595 | | | $ | 303 | |
_______________________
(1)Predominantly comprised of income from our Bermuda-based subsidiary, Enact Re Ltd., the majority of which relates to reinsurance assumed from EMICO.
The total provision (benefit) for income taxes was as follows for the years ended December 31:
| | | | | | | | | | | | | | | | | |
| (Amounts in millions) | 2025 | | 2024 | | 2023 |
| Current tax provision (benefit) | | | | | |
| Domestic federal | $ | 135 | | | $ | 256 | | | $ | 50 | |
| Domestic state | 4 | | | 5 | | | 6 | |
| Foreign | — | | | — | | | — | |
| Total current tax provision (benefit) | $ | 139 | | | $ | 261 | | | $ | 56 | |
| Deferred tax provision (benefit) | | | | | |
| Domestic federal | $ | (56) | | | $ | (101) | | | $ | 49 | |
| Domestic state | 1 | | | (1) | | | (1) | |
| Foreign | — | | | (1) | | | — | |
| Total deferred tax provision (benefit) | $ | (55) | | | $ | (103) | | | $ | 48 | |
| Total income tax provision (benefit) | | | | | |
| Domestic federal | $ | 79 | | | $ | 155 | | | $ | 99 | |
| Domestic state | 5 | | | 4 | | | 5 | |
| Foreign | — | | | (1) | | | — | |
| Total income tax provision (benefit) | $ | 84 | | | $ | 158 | | | $ | 104 | |
Our current income tax payable was $27 million and $57 million as of December 31, 2025 and 2024, respectively.
Income taxes paid (net of refunds received) were as follows for the years ended December 31:
| | | | | | | | | | | | | | | | | |
| (Amounts in millions) | 2025 | | 2024 | | 2023 |
| Domestic federal taxes paid | $ | 162 | | | $ | 243 | | | $ | 5 | |
| Domestic state taxes paid: | | | | | |
Florida (1) | * | | * | | 4 | |
| Other | 6 | | | 5 | | | 1 | |
| Total domestic state taxes paid | 6 | | | 5 | | | 5 | |
| | | | | |
| Total | $ | 168 | | | $ | 248 | | | $ | 10 | |
_______________________
(1)The amount of income taxes paid for the years ended December 31, 2025 and 2024 was less than 5% of total income taxes paid.
The reconciliation of the federal statutory tax rate to the effective income tax rate was as follows for the years ended December 31:
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| | | |
| | | | | 2025 | | 2024 | | 2023 |
| (Dollar amounts in millions) | | | | | Amount | | Rate | | Amount | | Rate | | Amount | | Rate |
| | | | | | | | | | | | | | | |
| Statutory U.S. federal income tax rate | | | | | $ | 91 | | | 21.0 | % | | $ | 125 | | | 21.0 | % | | $ | 64 | | | 21.0 | % |
| Increase (decrease) in rate resulting from: | | | | | | | | | | | | | | | |
| Domestic federal income taxes | | | | | | | | | | | | | | | |
| Valuation allowance | | | | | (41) | | | (9.4) | | | — | | | — | | | 1 | | | 0.2 | |
| Tax on income from terminated swaps | | | | | 27 | | | 6.3 | | | 29 | | | 4.9 | | | 30 | | | 10.0 | |
| Tax credits | | | | | (5) | | | (1.1) | | | (5) | | | (0.8) | | | — | | | — | |
| Non-taxable and non-deductible items | | | | | | | | | | | | | | | |
| Non-deductible officer compensation | | | | | 7 | | | 1.7 | | | 7 | | | 1.2 | | | 7 | | | 2.2 | |
| Other | | | | | (1) | | | (0.4) | | | (2) | | | (0.3) | | | — | | | — | |
| | | | | | | | | | | | | | | |
| Cross-border tax laws, net | | | | | | | | | | | | | | | |
| U.S. taxation of foreign insurance company | | | | | 24 | | | 5.5 | | | 26 | | | 4.4 | | | 8 | | | 2.7 | |
| | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | |
| | | | | | | | | | | | | | | |
Domestic state and local income taxes, net of federal income tax effect (1) | | | | | 4 | | | 0.9 | | | 4 | | | 0.6 | | | 3 | | | 1.1 | |
| Foreign tax effects | | | | | | | | | | | | | | | |
| Bermuda foreign rate differential | | | | | (24) | | | (5.5) | | | (26) | | | (4.4) | | | (8) | | | (2.7) | |
| Other foreign jurisdictions | | | | | — | | | — | | | (2) | | | (0.3) | | | (1) | | | (0.2) | |
| Worldwide changes in unrecognized tax benefits | | | | | 2 | | | 0.4 | | | 2 | | | 0.3 | | | — | | | — | |
| Total tax provision | | | | | $ | 84 | | | 19.4 | % | | $ | 158 | | | 26.6 | % | | $ | 104 | | | 34.3 | % |
_______________________
(1)State income taxes in Florida made up the majority (greater than 50%) of the tax effect in this category for all periods presented.
The effective tax rate for the year ended December 31, 2025 was below the statutory U.S. federal income tax rate of 21% primarily driven by a valuation allowance release in 2025, partially offset by tax expense on certain forward starting swap gains that are tax effected at the previously enacted federal income tax rate of 35% as they are amortized into net investment income. The effective tax rate for the years ended December 31, 2024 and 2023 was above the statutory U.S. federal income tax rate of 21% largely due to tax expense on certain forward starting swap gains that are tax effected at the previously enacted federal income tax rate of 35% as they are amortized into net investment income.
The components of our deferred income taxes were as follows as of December 31:
| | | | | | | | | | | | | | |
| (Amounts in millions) | | 2025 | | 2024 |
| Assets: | | | | |
| Net operating loss carryforwards | | $ | 6 | | | $ | 2 | |
| Capital loss carryforwards | | 84 | | | 141 | |
| State income taxes | | 377 | | | 370 | |
| Insurance reserves | | 1,177 | | | 1,071 | |
| Deferred acquisition costs | | 126 | | | 72 | |
| Accrued commission and general expenses | | 65 | | | 61 | |
| Liabilities related to discontinued operations | | 155 | | | 122 | |
| Net unrealized losses on investment securities | | 491 | | | 795 | |
| Net unrealized losses on derivatives | | 193 | | | 162 | |
| | | | |
| | | | |
| Other | | 5 | | | 4 | |
| Gross deferred income tax assets | | 2,679 | | | 2,800 | |
| Valuation allowance | | (545) | | | (639) | |
| Total deferred income tax assets | | 2,134 | | | 2,161 | |
| Liabilities: | | | | |
| Net effect of change in discount rate for future policy benefits | | 126 | | | 277 | |
| PVFP and other intangibles | | 21 | | | 24 | |
| Insurance reserves transition adjustment | | — | | | 25 | |
| Investments | | 152 | | | 92 | |
| Other | | 35 | | | 12 | |
| Total deferred income tax liabilities | | 334 | | | 430 | |
| Net deferred income tax asset | | $ | 1,800 | | | $ | 1,731 | |
The gross amount of net operating loss (“NOL”) carryforwards, which include U.S. federal and Mexico, was $25 million as of December 31, 2025. Capital loss carryforwards amounted to $402 million as of December 31, 2025, and, if unused, will expire in 2026.
Our valuation allowance as of December 31, 2025 and 2024 was $545 million and $639 million, respectively. In 2025, we released $100 million of the domestic federal valuation allowance related to capital deferred tax assets. The release was a result of the change in unrealized gains (losses) on our fixed maturity securities due to decreasing interest rates and an increase in unrealized gains on our limited partnerships due to current market conditions, and a corresponding increase in unrealized capital gains expected to be available in the future to offset our capital loss carryforwards and other capital deferred tax assets. Of the $100 million released, $53 million was recorded through accumulated other comprehensive income (loss), $41 million was recognized in income (loss) from continuing operations, and $6 million was recognized in income (loss) from discontinued operations resulting in an ending valuation allowance of $200 million related to domestic federal deferred tax assets of a capital character as of December 31, 2025. The remainder of the valuation allowance as of December 31, 2025 and 2024 was related to state deferred tax assets and foreign NOLs. The state deferred tax assets related primarily to the non-insurance NOL carryforwards.
Our ability to realize our net deferred tax asset of $1,800 million, which includes deferred tax assets related to capital loss and NOL carryforwards, is primarily dependent upon generating sufficient taxable income and capital gains in future years. We have net deferred tax assets of $923 million that have or will produce capital losses. As part of the assessment of the amount of the valuation allowance, management has asserted that it has the ability and intent to execute tax planning strategies including holding certain investment assets with unrealized losses to recovery or maturity or realizing gains on certain investment assets with unrealized gains to the extent necessary to ensure realization of the capital related deferred tax assets, net of the $200 million valuation allowance as of December 31, 2025.
We have net deferred tax assets of $877 million that will produce ordinary income (loss) in future years. Management has concluded that there is sufficient positive evidence to support the expected realization of these deferred tax assets for U.S. federal income tax purposes. This positive evidence includes the fact that: (i) we are currently in a cumulative three-year income position, and (ii) our U.S. operating forecasts are profitable, which include ongoing income from our mortgage insurance business and in-force premium rate increases and associated benefit reductions already obtained in our long-term care insurance business in our Closed Block segment.
After consideration of all available evidence, we have concluded that it is more likely than not that our deferred tax assets, with the exception of capital loss carryforwards, other capital deferred tax assets, state deferred tax assets and certain foreign NOLs for which a valuation allowance has been established, will be realized. If our actual results do not validate the current projections of pre-tax income, we may be required to record an additional valuation allowance that could have a material impact on our consolidated financial statements in future periods.
A reconciliation of the beginning and ending amount of unrecognized tax benefits was as follows:
| | | | | | | | | | | | | | | | | |
| (Amounts in millions) | 2025 | | 2024 | | 2023 |
| Balance as of January 1 | $ | 25 | | | $ | 30 | | | $ | 33 | |
| Tax positions related to the current period: | | | | | |
| Gross additions | — | | | — | | | — | |
| Gross reductions | (4) | | | (5) | | | (3) | |
| Tax positions related to the prior years: | | | | | |
| Gross additions | — | | | — | | | — | |
| Gross reductions | — | | | — | | | — | |
| Balance as of December 31 | $ | 21 | | | $ | 25 | | | $ | 30 | |
The total amount of unrecognized tax benefits was $21 million as of December 31, 2025, which if recognized would affect the effective tax rate on continuing operations by $21 million. These unrecognized tax benefits include the impact of foreign currency translation from our international operations.
We recognize accrued interest and penalties related to unrecognized tax benefits as components of income tax expense. We recorded $2 million, $2 million and $— of expense in 2025, 2024 and 2023, respectively.
Our companies have elected to file a single U.S. consolidated income tax return (the “life/non-life consolidated return”). All companies domesticated in the United States and our Bermuda subsidiary, a company treated as a U.S. domestic company for U.S. tax purposes, are included in the life/non-life consolidated return as allowed by the tax law and regulations, with the exception of CareScout Insurance Company, which became a life insurance company and is required to file separately for a period of five years effective 2025. We have a tax sharing agreement in place and all intercompany balances related to this agreement are settled at least annually. We are not currently subject to any significant examinations by federal or state income tax authorities. Generally, we are no longer subject to federal or state income tax examinations for years prior to 2022.