NOTE 12. INCOME TAXES

 

Components of Earnings Before Income Taxes

 

The following table summarizes the components of earnings before income taxes for the years ended December 31 (in thousands):

 

 

2025

 

 

2024

 

 

2023

 

Domestic

 

$

3,539,450

 

 

$

3,595,449

 

 

$

2,891,644

 

International

 

 

229,866

 

 

 

519,429

 

 

 

572,539

 

Earnings before income taxes

 

$

3,769,316

 

 

$

4,114,878

 

 

$

3,464,183

 

Summary of Current and Deferred Income Taxes

 

The following table summarizes the components of the provision for income taxes for the years ended December 31 (in thousands):

 

 

2025

 

 

2024

 

 

2023

 

Current income tax expense (benefit):

 

 

 

 

 

 

 

 

 

U.S. federal

 

$

36,003

 

 

$

(17,082

)

 

$

(953

)

International

 

 

148,169

 

 

 

152,891

 

 

 

175,121

 

State and local

 

 

15,536

 

 

 

9,973

 

 

 

19,162

 

Total current income tax expense

 

 

199,708

 

 

 

145,782

 

 

 

193,330

 

 

 

 

 

 

 

 

 

 

 

Deferred income tax expense (benefit):

 

 

 

 

 

 

 

 

 

U.S. federal

 

 

(4,571

)

 

 

18,222

 

 

 

12,936

 

International

 

 

8,880

 

 

 

2,939

 

 

 

4,772

 

Total deferred income tax expense

 

 

4,309

 

 

 

21,161

 

 

 

17,708

 

Total income tax expense

 

$

204,017

 

 

$

166,943

 

 

$

211,038

 

Current Income Taxes

 

We recognize current income tax expense for the federal and state income taxes incurred by our TRSs and taxes incurred in certain states and foreign jurisdictions. Current income tax expense fluctuates from period to period based primarily on the timing of our taxable income. Taxable income incurred over the last three years was principally due to the following: (i) the contribution of real estate properties to our unconsolidated co-investment ventures and sales to third parties; (ii) recurring and transactional strategic capital fees earned; (iii) taxable earnings from unconsolidated co-investment ventures; and (iv) adjustments to acquired tax liabilities.

 

During the years ended December 31, 2025, 2024 and 2023, cash paid for income taxes, net of refunds, was $142.7 million, $129.9 million and $149.1 million, respectively. The composition of these payments is generally consistent with the components of current income tax expense (benefit) as presented above.

 

Deferred Income Taxes

 

The deferred income tax expense recognized in 2025, 2024 and 2023 was principally due to changes in temporary differences and utilization of NOLs.

 

The following table summarizes the deferred income tax assets and liabilities at December 31 (in thousands):

 

 

 

2025

 

 

2024

 

Gross deferred income tax assets:

 

 

 

 

 

 

NOL carryforwards

 

$

281,664

 

 

$

263,597

 

Basis difference – real estate properties

 

 

53,824

 

 

 

43,226

 

Basis difference – equity investments

 

 

20,594

 

 

 

18,434

 

Section 163(j) interest limitation

 

 

2,250

 

 

 

2,105

 

Capital loss carryforward

 

 

2,033

 

 

 

6,096

 

Other – temporary differences

 

 

61,021

 

 

 

29,908

 

Total gross deferred income tax assets

 

 

421,386

 

 

 

363,366

 

Valuation allowance

 

 

(366,990

)

 

 

(312,348

)

Gross deferred income tax assets, net of valuation allowance

 

 

54,396

 

 

 

51,018

 

Gross deferred income tax liabilities:

 

 

 

 

 

 

Basis difference – real estate properties

 

 

133,095

 

 

 

128,803

 

Basis difference – equity investments

 

 

63,066

 

 

 

57,763

 

Other – temporary differences

 

 

6,573

 

 

 

2,321

 

Total gross deferred income tax liabilities

 

 

202,734

 

 

 

188,887

 

Net deferred income tax liabilities

 

$

148,338

 

 

$

137,869

 

 

At December 31, 2025, we had NOL carryforwards as follows (in thousands):

 

 

U.S.

 

 

Europe

 

 

Mexico

 

 

Japan

 

 

Other

 

Gross NOL carryforward

$

78,175

 

 

$

683,143

 

 

$

216,909

 

 

$

67,119

 

 

$

33,789

 

Tax-effected NOL carryforward

 

20,255

 

 

 

179,267

 

 

 

68,531

 

 

 

7,953

 

 

 

5,658

 

Valuation allowance

 

(20,255

)

 

 

(164,021

)

 

 

(68,531

)

 

 

(7,953

)

 

 

(5,658

)

Net deferred tax asset – NOL carryforward

$

-

 

 

$

15,246

 

 

$

-

 

 

$

-

 

 

$

-

 

Expiration periods

2026 – 2045

 

 

2026 – indefinite

 

 

2026 – 2035

 

 

2026 – 2035

 

 

2026 – indefinite

 

 

The deferred tax asset valuation allowance at December 31, 2025, was adequate to reduce the total deferred tax asset to an amount that we estimate will more likely than not be realized.

 

Liability for Uncertain Tax Positions

 

During the years ended December 31, 2025, 2024 and 2023, we believe that we complied with the REIT requirements of the IRC. The statute of limitations for our global tax returns is generally three to five years. As such, our tax returns that remain subject to examination would be primarily from 2020 and thereafter. During the year ended December 31, 2024, we recognized a $20.7 million liability for uncertain tax positions related to proposed settlements. Liabilities or any related settlements for uncertain tax positions for the years ended December 31, 2025 and 2023 were not material to our Consolidated Financial Statements.

Historical Timeline

Fiscal YearFiled
2025Feb 13, 2026Showing above
2024Feb 14, 2025
2023Feb 13, 2024
2022Feb 14, 2023
2021Feb 9, 2022
2020Feb 11, 2021
2019Feb 11, 2020
2018Feb 13, 2019
2017Feb 15, 2018
2016Feb 15, 2017
2015Feb 19, 2016

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.