14. Income Taxes

Deferred income taxes are accounted for using the asset and liability method. Deferred tax assets and liabilities are recognized for the expected future tax consequences of events that have been included in the financial statements or tax returns. Under this method, deferred tax assets and liabilities are determined based on the differences between the financial reporting and tax basis of assets and liabilities using enacted tax rates currently in effect. Deferred income taxes also reflect the impact of operating loss and tax credit carryforwards.

The following summarizes income tax expense (benefit) for the years ended December 31:
thousands202520242023
Current
Federal$12,744 $15,534 $33,783 
State1,293 3,121 2,532 
Total current14,037 18,655 36,315 
Deferred
Federal24,463 61,853 (7,601)
State(884)(324)(2,296)
Total deferred23,579 61,529 (9,897)
Total$37,616 $80,184 $26,418 
Reconciliation of the Income tax expense (benefit) if computed at the U.S. federal statutory income tax rate to the Company’s reported Income tax expense (benefit) for the years ended December 31 is as follows:
thousands except percentages202520242023
Tax computed at the U.S. federal statutory rate$33,906 21.0 %$76,734 21.0 %$23,064 21.0 %
Increase (decrease) in valuation allowance, net148 0.1 %(20,736)(5.7)%4,003 3.7 %
State and local income tax expense (benefit), net of federal income tax (a)182 0.1 %18,719 5.1 %(4,432)(4.0)%
Tax expense on compensation disallowance4,380 2.7 %1,920 0.5 %2,133 1.9 %
Other, net(1,000)(0.6)%3,547 1.0 %1,650 1.5 %
Income tax expense (benefit)$37,616 23.3 %$80,184 21.9 %$26,418 24.1 %
(a)Tax in Maryland, Hawai‘i, Virginia, Texas, New York, and New York City comprise more than 50% of the tax effect in this category.

As of December 31, 2025, the amounts and expiration dates of operating loss carryforwards for tax purposes are as follows:
thousandsAmountExpiration Date
Net operating loss carryforwards - Federal$708,566  n/a
Net operating loss carryforwards - State326,955  2025-2044
Net operating loss carryforwards - State304,402 n/a
Charitable contribution carryforwards - Federal3,432 2030
General business tax credit carryforwards1,095 2044

The following summarizes tax effects of temporary differences and carryforwards included in the net deferred tax liabilities as of December 31:
thousands20252024
Deferred tax assets:
Accrued expenses$10,192 $9,376 
Investments in unconsolidated ventures5,105 — 
Other2,644 4,841 
Accounts receivable1,049 1,283 
Operating loss and tax carryforwards189,054 205,244 
Total deferred tax assets208,044 220,744 
Valuation allowance(16,431)(16,314)
Total net deferred tax assets$191,613 $204,430 
Deferred tax liabilities:
Master Planned Communities properties$(304,057)$(297,889)
Operating and development properties and fixed assets(32,045)(25,675)
Deferred income(18,167)(18,839)
Prepaid expenses(1,816)(2,981)
Investments in unconsolidated ventures (1,146)
Total deferred tax liabilities(356,085)(346,530)
Total net deferred tax liabilities$(164,472)$(142,100)

The deferred tax liability associated with the Company’s MPCs is largely attributable to the difference between the basis and value determined as of the date of the acquisition by its predecessors adjusted for sales that have occurred since that time. The recognition of these deferred tax liabilities is dependent upon the timing and sales price of future land sales and the method of accounting used for income tax purposes. The deferred tax liability related to deferred income represents the difference between the income tax method of accounting and the financial statement method of accounting for prior sales of land in the Company’s MPCs.
Generally, the Company is currently open to audit under the statute of limitations by the Internal Revenue Service as well as state taxing authorities for the years ended December 31, 2022 through 2024. In the Company’s opinion, it has made adequate tax provisions for years subject to examination. However, the final determination of tax examinations and any related litigation could be different from what was reported on the returns.

The Company applies the generally accepted accounting principle related to accounting for uncertainty in income taxes, which prescribes a recognition threshold that a tax position is required to meet before recognition in the financial statements and provides guidance on derecognition, measurement, classification, interest and penalties, accounting in interim periods, disclosure, and transition issues.

The Company recognizes and reports interest and penalties related to unrecognized tax benefits, if applicable, within the provision for income tax expense. The Company had no unrecognized tax benefits for the years ended December 31, 2025, 2024, or 2023, and therefore did not recognize any interest expense or penalties on unrecognized tax benefits.

Historical Timeline

Fiscal YearFiled
2025Feb 19, 2026Showing above
2024Feb 26, 2025
2023Feb 27, 2024

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.