(7)     INCOME TAXES

Effective January 1, 2025, the Company adopted an accounting standards update that provides guidance for reporting on income taxes and requires additional disclosures related to cash paid (received) for income taxes – net and the effective income tax rate. The Company adopted the updated standard for income taxes using the full retrospective approach, which changed the presentation of certain information below.

Net income (loss) before income taxes consisted of the following (in thousands):

  ​ ​ ​

2025

  ​ ​ ​

2024

United States

$

43,704

$

(235,542)

Foreign

 

 

Net Income (Loss) before income taxes

$

43,704

$

(235,542)

The federal and state income tax provision (benefit) is summarized as follows (in thousands):

2025

  ​ ​ ​

2024

Current tax expense:

Federal

$

$

State and local

(169)

Total current tax expense

(169)

Deferred tax expense (benefit):

Federal

1,833

(9,247)

State and local

12

Total deferred tax expense (benefit)

1,833

(9,235)

Total income tax expense (benefit):

Federal

1,833

(9,247)

State and local

(157)

Total income tax expense (benefit)

$

1,833

$

(9,404)

Deferred income taxes reflect the net tax effects of (a) temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes, and (b) operating losses and tax credit carryforwards.

The tax effects of significant items comprising the Company’s deferred taxes as of the years presented are as follows (in thousands):

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred tax assets:

Net operating loss

$

28,320

$

32,725

Power contracts

 

13,243

 

10,828

Compensation

 

1,407

 

1,955

Accrued liabilities

 

463

 

423

ARO liabilities

2,436

2,293

Lease liabilities

2,196

3,938

Coal properties

20,909

26,191

Other

 

1,875

 

5,215

Total deferred tax assets

 

70,849

 

83,568

Valuation allowance

 

(41,438)

 

(49,695)

Deferred tax assets, net of valuation allowance

 

29,411

 

33,873

Deferred tax liabilities:

Coal properties

 

 

Power properties

 

(27,601)

 

(27,960)

Investment partnerships

 

(512)

 

(531)

ROU assets

 

(3,131)

 

(5,382)

Total deferred tax liabilities

 

(31,244)

 

(33,873)

Net deferred tax liability

$

(1,833)

$

ASC 740 requires that the tax benefit of net operating losses, temporary differences and credit carryforwards be recorded as an asset to the extent that management assesses that realization is more likely than not. Realization of the future tax benefits is dependent on the Company’s ability to generate sufficient taxable income within the carryforward period. Because of the Company’s recent history of operating losses, management believes that recognition of the deferred tax assets is currently not likely to be realized and, accordingly, has provided a valuation allowance. The valuation allowance decreased by $8.3 million during 2025 and increased $49.7 million during 2024.

Net operating losses and tax credit carryforwards as of the financial statement date are as follows (in thousands):

  ​ ​ ​

Amount

Expiration Years

Net operating losses, federal (Post December 31, 2017)

$

102,067

Do not Expire

Net operating losses, federal (Pre January 1, 2018)

4,928

2037

Net operating losses, state

151,604

2036 - 2044

Tax credits, federal

32

2026 - 2038

Tax credits, state

Net operating losses, foreign

Tax credits, foreign

$

The effective tax rate of the Company’s provision (benefit) for income taxes differs from the federal statutory rate as follows (amounts in thousands):

  ​ ​ ​

2025

2024

Amount

Percent

Amount

Percent

U.S. federal statutory tax rate

$

9,178

21.00

%

$

(49,464)

21.00

%

State and local income taxes, net of federal income tax effect

(124)

0.05

Enactment of new tax laws

Effect of cross-borders tax laws

Tax credits:

Mine rescue credits

10

0.02

20

(0.01)

Indiana EDGE credit

(169)

0.07

Change in valuation allowance

(6,605)

(15.11)

40,327

(17.12)

Nondeductible items

(1,112)

(2.54)

296

(0.13)

Worldwide changes in unrecognized tax benefits

Other

Prior period true-ups and other

362

0.82

(290)

0.12

Foreign tax effects

Total income tax expense (benefit)

$

1,833

4.19

%

$

(9,404)

3.99

%

In each year, the state and local income taxes which comprise the majority of the state and local income taxes, net of federal effect category are Indiana.

The cash paid for income taxes (net of refunds) during the year was as follows (in dollars) (in thousands):

  ​ ​ ​

2025

  ​ ​ ​

2024

Federal

$

$

State and local - Indiana

Foreign

Total income taxes paid

$

$

On July 4, 2025, the United States Congress passed budget reconciliation bill H.R.1, referred to as the One Big Beautiful Bill Act (“OBBBA”). The OBBBA contains several changes to corporate taxation, such as (i) the permanent extension of certain expiring provisions of the Tax Cuts and Jobs Act of 2017, including 100% expensing of qualified depreciable assets, (ii) interest deductibility, (iii) the repeal or acceleration of the sunset of certain tax credits under the 2022 Inflation Reduction Act and (iv) the elimination of certain penalties for violations of certain regulatory credit programs. The OBBBA has multiple effective dates with certain provisions effective in 2025 and others implemented through 2027. The Company continues to analyze the impact of this legislation on its business and does not anticipate a material impact as a result.

Historical Timeline

Fiscal YearFiled
2025Mar 12, 2026Showing above
2024Mar 17, 2025
2023Mar 14, 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.