Income Taxes
Income before income taxes for the years ended December 31, 2025, 2024 and 2023 consists entirely of domestic earnings.
The provision for income taxes charged to income for the years ended December 31, 2025, 2024 and 2023 consisted of the following:
(in thousands)202520242023
Current
Federal Income Taxes$9,107 $36,238 $41,253 
State Income Taxes4,702 6,533 15,126 
Deferred
Federal Income Taxes20,802 13,078 9,832 
State Income Taxes12,385 9,979 3,676 
Tax Credits
North Dakota Wind Tax Credit Amortization, Net of Federal Tax(586)(586)(586)
Investment Tax Credit Amortization(26)(12)(3)
Total Income Tax Expense$46,384 $65,230 $69,298 
The reconciliation of the statutory federal income tax rate to our effective tax rate for each of the years ended December 31, 2025, 2024 and 2023 is as follows:
202520242023
Income Taxes at Federal Statutory Rate$67,678 21.0 %$77,047 21.0 %$76,332 21.0 %
Increases (Decreases) in Tax from:
State and Local Taxes on Income, Net of Federal Tax1
12,696 3.9 13,081 3.6 12,933 3.6 
Tax Credits:
Energy Related Tax Credits(29,773)(9.2)(20,118)(5.5)(17,397)(4.8)
Other(646)(0.2)(1,116)(0.3)(1,290)(0.4)
Nontaxable or Nondeductible Items(125) 276 0.1 (587)(0.2)
Changes in Unrecognized Tax Benefits(26) (364)(0.1)566 0.2 
Impact of Regulation(3,420)(1.1)(3,576)(1.0)(1,259)(0.3)
Income Taxes at Effective Tax Rate$46,384 14.4 %$65,230 17.8 %$69,298 19.1 %
1 State taxes in Minnesota made up the majority (greater than 50%) of the tax effect in this category for each year presented.
In the above table, the impact of regulation consists of excess deferred income taxes arising from the federal tax rate reduction in the 2017 Tax Cuts and Jobs Act and the impact of allowance for equity funds used during construction at OTP.
Energy-related tax credits, which consist of PTCs and ITCs, North Dakota wind tax credits, which are included with state taxes in the above table, and excess deferred income taxes are returned to customers as a reduction of the rates they are charged and result in a reduction of operating revenues.
Income tax payments by jurisdiction, net of refunds, were composed of the following for the years ended December 31, 2025, 2024 and 2023:
(in thousands)202520242023
Federal$8,061 $47,838 $38,918 
State:
Minnesota2,600 8,500 5,700 
All Other432 1,276 1,666 
Total Income Taxes Paid$11,093 $57,614 $46,284 
Deferred tax assets and liabilities were composed of the following on December 31, 2025 and 2024:
(in thousands)20252024
Deferred Tax Assets  
Employee Benefits$37,731 $37,456 
Regulatory Liabilities47,121 52,664 
Tax Credit Carryforwards15,884 18,268 
Cost of Removal34,697 35,374 
Asset Retirement Obligations11,375 10,948 
Net Operating Loss Carryforward2,485 2,289 
Other21,591 19,449 
Total Deferred Tax Assets$170,884 $176,448 
Deferred Tax Liabilities
Differences Related to Property$(403,559)$(375,120)
Retirement Benefits Regulatory Asset(19,520)(22,892)
Pension Expense(26,720)(26,034)
Other(27,016)(20,147)
Total Deferred Tax Liabilities(476,815)(444,193)
Total Deferred Income Taxes$(305,931)$(267,745)
As of December 31, 2025, we had net operating loss carryforwards for state tax purposes totaling $2.5 million which expire between 2029 and 2047, state tax credits totaling $15.9 million which expire between 2041 and 2043, and federal tax credits totaling $2.0 million which expire in 2047.
The following table summarizes the activity for unrecognized tax benefits for the years ended December 31, 2025, 2024 and 2023:
(in thousands)202520242023
Balance on January 1$1,125 $1,489 $923 
Increases (Decreases) for tax positions taken during a prior period
(4)(189)596 
Increases for tax positions taken during the current period183 188 163 
Decreases as a result of a lapse of applicable statutes of limitations(214)(363)(193)
Balance on December 31$1,090 $1,125 $1,489 
The Company and its subsidiaries file a consolidated U.S. federal income tax return and various state income tax returns. As of December 31, 2025, with limited exceptions, we are no longer subject to examinations by taxing authorities for tax years prior to 2022 for federal and North Dakota income taxes and prior to 2021 for Minnesota state income taxes.
One Big Beautiful Bill Act
On July 4, 2025, broad spending and tax law legislation referred to as the One Big Beautiful Bill Act (OBBBA) was enacted in the U.S. The aspects of the law that impact our financial position and may impact our future investment opportunities include certain changes to corporate income taxes and modifications to existing renewable energy credits.
The OBBBA includes changes to corporate income tax rules and regulations, including reinstating 100% bonus depreciation, immediate expensing of domestic research and development costs, and modifications to the business interest expense limitation.
The effects of changes in tax laws and regulations are required to be recognized in our consolidated financial statements in the period of enactment. Accordingly, in 2025, we recognized a reduction to our current year income tax payable in the amount of $7.0 million, with a corresponding increase to our deferred income tax liability, as a result of electing to deduct previously deferred research and development costs in the current year. We also anticipate electing bonus depreciation for eligible assets in our 2025 corporate income tax return, which resulted in a reduction of our current year income tax payable and an increase to our deferred income tax liability.
The OBBBA also alters the timing and eligibility of certain tax credits for renewable energy projects. Wind and solar projects that begin construction by July 4, 2026 are eligible for technology-neutral tax credits (production tax credits or investment tax credits). Projects that begin construction after July 4, 2026 must be in service by December 31, 2027 to qualify for technology-neutral tax credits. For projects that begin construction after December 31, 2025, new provisions restrict tax credit eligibility for those projects involving material assistance or effective control by a Foreign Entity of Concern, as defined in the legislation, which includes entities linked to China, Russia, Iran or North Korea.

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.