Income Taxes
The Company files a consolidated U.S. federal income tax return that includes all wholly owned subsidiaries. State tax returns are filed on a consolidated or separate return basis depending on applicable laws. The Company records adjustments related to prior years’ taxes during the period when they are identified, generally when the tax returns are filed. The effect of these adjustments on the current and prior periods (during which the differences originated) is evaluated based upon quantitative and qualitative factors and are considered in relation to the consolidated financial statements taken as a whole for the respective periods.
Enactment of the One Big Beautiful Bill Act of 2025
On July 4, 2025, the U.S. enacted a budget reconciliation package known as the One Big Beautiful Bill Act of 2025 (OBBBA), which includes both tax and non-tax provisions. The changes resulting from the tax provisions in OBBBA did not have a material impact on the Company’s income tax expense and results of operations, financial position or liquidity.
Components of Income Tax Expense
For the year ended December 31, 2025, the provision for income taxes is comprised of the following:
| | | | | | | | | |
| Federal income tax before utilization of net operating loss | | $ | 10,896,837 | | |
| Utilization of net operating loss | | (419,357) | | |
| Current federal income tax expense | | 10,477,480 | | |
| Current state income tax expense (1) | | 2,590 | | |
| Deferred federal and state income tax (benefit) (2) | | (201,548) | | |
| Income tax | | $ | 10,278,522 | | |
For the year ended December 31, 2024, the provision for income taxes is comprised of the following:
| | | | | | | | | |
| Current federal income tax expense | | $ | - | | |
Current state income tax expense (1) | | 2,160 | | |
| Deferred federal and state income tax (2) | | 4,927,561 | | |
Income tax | | $ | 4,929,721 | | |
(1) For the year ended December 31, 2025, state income tax consisted of New York state minimum tax of $2,340 and Connecticut minimum tax of $250. For the year ended December 31, 2024, state income tax consists of New York state minimum tax of $2,160.
(2) For the years ended December 31, 2025 and 2024, the Company recorded a 100% valuation allowance for state deferred taxes. See state valuation allowance discussion below.
Tax Rate Reconciliation
For the year ended December 31, 2025, a reconciliation of the federal statutory rate to the Company’s effective tax rate is as follows:
| | | | | | | | | | | | | | | |
| Income from operations before taxes | | $ | 51,045,650 | | | | |
| Federal statutory income tax rate | | 21 | % | | | |
| Taxes at federal statutory rate | | $ | 10,719,587 | | | 21.0 | % | |
| State income taxes, net of federal effect | | 11,013 | | | — | | |
| Nontaxable and nondeductible items | | | | | |
| Dividends received deduction | | (51,835) | | | (0.1) | | |
| Non-taxable investment income | | (167,401) | | | (0.3) | | |
| Stock-based compensation | | (563,954) | | | (1.1) | | |
| Other nontaxable and nondeductible items | | 318,977 | | | 0.6 | | |
| Other | | 12,135 | | | (0.1) | | |
| | | | | |
| Effective tax rate | | $ | 10,278,522 | | | 20.0 | % | |
For the year ended December 31, 2024, a reconciliation of the federal statutory rate to the Company’s effective tax rate is as follows:
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Computed expected tax expense | | $ | 4,890,513 | | | 21.0 | % | |
| State taxes, net of Federal benefit | | (431,749) | | | (1.9) | % | |
| State valuation allowance | | 439,905 | | | 1.9 | % | |
| Permanent differences | | | | | |
| Dividends received deduction | | (64,525) | | | (0.3) | % | |
| Non-taxable investment income | | (122,194) | | | (0.5) | % | |
| Stock-based compensation | | (280,104) | | | (1.2) | % | |
| Sale leaseback transaction | | 99,775 | | | 0.4 | % | |
| Other permanent differences | | 191,488 | | | 0.8 | % | |
| Prior year tax matters | | 173,572 | | | 0.8 | % | |
| Other | | 33,040 | | | 0.1 | % | |
| | | | | |
Income tax expense, as reported | | $ | 4,929,721 | | | 21.2 | % | |
Income Taxes Paid
For the year ended December 31, 2025, the Company paid federal income taxes of $8,028,000 and state income taxes of $250. For the year ended December 31, 2024, the Company did not pay any income taxes due to utilization of net operating losses.
Deferred Tax Asset
Deferred tax assets and liabilities are determined using the enacted tax rates applicable to the period the temporary differences are expected to be recovered. Accordingly, the current period income tax provision can be affected by the enactment of new tax rates. The net deferred income taxes on the balance sheets reflect temporary differences between the carrying amounts of the assets and liabilities for financial reporting purposes and income tax purposes, tax effected at various rates depending on whether the temporary differences are subject to federal taxes, state taxes, or both.
Significant components of the Company’s deferred tax assets and liabilities are as follows:
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| | | December 31, 2025 | | December 31, 2024 | |
| | | | | | |
| Deferred tax asset: | | | | | |
| Net operating loss carryovers (1) | | $ | — | | | $ | 419,357 | | |
| Claims reserve discount | | 1,562,424 | | | 1,305,466 | | |
| Unearned premium | | 4,948,868 | | | 3,810,973 | | |
| Deferred ceding commission revenue | | 1,756,131 | | | 2,423,660 | | |
| Net unrealized losses on securities | | 1,811,373 | | | 3,069,900 | | |
| Other | | 916,350 | | | 834,921 | | |
| Total deferred tax assets | | 10,995,146 | | | 11,864,277 | | |
| | | | | | |
| Deferred tax liability: | | | | | |
| Investment in KICO (2) | | 759,543 | | | 759,543 | | |
| Deferred acquisition costs | | 5,852,113 | | | 5,193,798 | | |
| Intangibles | | 105,000 | | | 105,000 | | |
| Depreciation and amortization | | 98,931 | | | 208,016 | | |
| Total deferred tax liabilities | | 6,815,587 | | | 6,266,357 | | |
| | | | | | |
| Net deferred income tax asset | | $ | 4,179,559 | | | $ | 5,597,920 | | |
(1)The deferred tax assets from net operating loss carryovers are as follows:
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| Type of NOL | | December 31, 2025 | | December 31, 2024 | | Expiration | |
| | | | | | | | |
| Federal only, NOL from 2024 and 2023 | | $ | - | | | $ | 419,357 | | | None | |
| | | | | | | | |
| State only (A) | | 3,421,252 | | | 3,075,395 | | | December 2027 - December 2043 | |
| Valuation allowance | | (3,421,252) | | | (3,075,395) | | | | |
| State only, net of valuation allowance | | - | | | - | | | | |
| | | | | | | | |
| Total deferred tax asset from net operating loss carryovers | | $ | - | | | $ | 419,357 | | | | |
(A) Kingstone generates operating losses for state purposes and has prior year NOLs available. The state NOL as of December 31, 2025 and 2024 was approximately $52,634,646 and $47,313,775, respectively. KICO, the Company’s insurance underwriting subsidiary, is not subject to state income taxes. KICO’s state tax obligations are paid through a gross premiums tax, which is included in the consolidated statements of income and comprehensive income within other underwriting expenses. Kingstone has recorded a valuation allowance due to the uncertainty of generating enough state taxable income to utilize 100% of the available state NOLs over their remaining lives, which expire between 2027 and 2044.
(2)Deferred tax liability - investment in KICO
On July 1, 2009, the Company completed the acquisition of 100% of the issued and outstanding common stock of KICO (formerly known as Commercial Mutual Insurance Company (“CMIC”)) pursuant to the conversion of CMIC from an advance premium cooperative insurance company to a stock property and casualty insurance company. Pursuant to the plan of conversion, the Company acquired a 100% equity interest in KICO, in consideration for the exchange of $3,750,000 principal amount of surplus notes of CMIC. In addition, the Company forgave all accrued and unpaid interest on the surplus notes as of the date of conversion. As of the date of acquisition, unpaid accrued interest on the surplus notes along with the accretion of the discount on the original purchase of the surplus notes totaled $2,921,319 (collectively the “Untaxed Interest”). As of the date of acquisition, the deferred tax liability on the Untaxed Interest was $1,169,000. Under GAAP guidance for business combinations, a temporary difference with an indefinite life exists when the parent company has a lower carrying value of its subsidiary for income tax purposes. The deferred tax liability was reduced to $759,543 upon the reduction of federal income tax rates as of December 31, 2017. The Company is required to maintain its deferred tax liability of $759,543 related to this temporary difference until the stock of KICO is sold, or the assets of KICO are sold or KICO and the parent are merged.
The table below reconciles the changes in net deferred income tax assets (liabilities) to the deferred income tax benefit for the year ended December 31, 2025:
| | | | | | | | |
| Decrease in net deferred income tax assets | $ | 1,418,361 | | |
| Less: Deferred tax expense allocated to other comprehensive income | 1,619,909 | | |
| Deferred income tax benefit | $ | (201,548) | | |
In assessing the valuation of deferred tax assets, the Company considers whether it is more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible. No valuation allowance against deferred tax assets has been established, except for NOL limitations, as the Company believes it is more likely than not the deferred tax assets will be realized based on the historical taxable income of KICO, or by offset to deferred tax liabilities.
Uncertain Tax Positions
The Company had no material unrecognized tax benefit and no adjustments to liabilities or operations were required. There were no interest or penalties related to income taxes that have been accrued or recognized as of and for the years ended December 31, 2025 and 2024. If any had been recognized these would have been reported in income tax expense.
Generally, taxing authorities may examine the Company’s tax returns for the three years from the date of filing. The Company’s tax returns for the years ended December 31, 2022 through December 31, 2024 remain subject to examination.