Note 19 — Income Taxes

 

The following table shows components of the federal and state income tax provisions for the periods presented:

 

 

Year Ended December 31,

 

 

2025

 

 

2024

 

 

2023

 

Current expense (benefit)

 

 

 

 

 

 

 

 

     Federal

$

12.2

 

 

$

(0.1

)

 

$

0.2

 

     State

 

0.9

 

 

 

17.6

 

 

 

13.4

 

          Total current expense (benefit)

 

13.1

 

 

 

17.5

 

 

 

13.6

 

Deferred expense (benefit)

 

 

 

 

 

 

 

 

     Federal

 

466.7

 

 

 

339.2

 

 

 

342.4

 

     State

 

49.9

 

 

 

27.8

 

 

 

7.2

 

          Total deferred expense (benefit)

 

516.6

 

 

 

367.0

 

 

 

349.6

 

               Total income tax expense (benefit)

$

529.7

 

 

$

384.5

 

 

$

363.2

 

 

Our deferred income tax assets and liabilities as of the periods presented consist of recognition differences related to certain types of costs as follows:

 

 

December 31, 2025

 

 

December 31, 2024

 

Deferred tax assets:

 

 

 

 

 

     Net operating loss and tax credit carryforwards

$

1,045.0

 

 

$

1,094.9

 

     Disallowed business interest expense carryforward

 

22.1

 

 

 

113.5

 

     Property, plant and equipment

 

1.5

 

 

 

1.9

 

     Other

 

12.6

 

 

 

10.1

 

Deferred tax assets before valuation allowance

 

1,081.2

 

 

 

1,220.4

 

     Valuation allowance

 

(5.9

)

 

 

(5.9

)

     Deferred tax assets

 

1,075.3

 

 

 

1,214.5

 

Deferred tax liabilities:

 

 

 

 

 

     Investments (1)

 

(2,468.8

)

 

 

(2,086.6

)

     Deferred tax liabilities

 

(2,468.8

)

 

 

(2,086.6

)

Net deferred tax asset (liability)

$

(1,393.5

)

 

$

(872.1

)

 

 

 

 

 

Net deferred tax asset (liability)

 

 

 

 

 

     Federal

$

(1,298.0

)

 

$

(826.7

)

     State

 

(95.5

)

 

 

(45.4

)

Long-term deferred tax liability, net

$

(1,393.5

)

 

$

(872.1

)

 

(1)
Our deferred tax liability attributable to investments reflects the differences between the book and tax carrying values of our investment in the Partnership.

 

We are subject to tax in the U.S. and various state jurisdictions, and we are subject to periodic audits and reviews by taxing authorities. As of December 31, 2025, examinations by the Internal Revenue Service (“IRS”) are currently in process for the 2022 taxable year of certain wholly-owned and consolidated subsidiaries that are treated as partnerships for U.S. federal income tax purposes. We are responding to information requests from the IRS with respect to these audits. We do not expect there to be any audit adjustments that would materially change our taxable income.

 

Federal statutes of limitations for returns filed in 2022 (for calendar year 2021) have expired. The statute of limitations expired on substantially all 2021 state income tax returns that were filed prior to October 15, 2022. For Texas, the statute of limitations has expired for 2021 returns (for calendar year 2020). However, tax authorities could review and adjust carryover attributes (e.g., net operating losses (“NOLs”)) generated in a closed tax year if utilized in an open tax year.

 

As of December 31, 2025, we have total U.S. federal NOL carryforwards of $4.4 billion and tax credit carryforwards of $3.8 million. The NOL carryforwards do not expire, but are limited to offsetting 80% of taxable income per year. The tax credit carryforwards expire in 2044. As of December 31, 2025 and 2024, our tax effected valuation allowance was $5.9 million. Of this valuation allowance, $5.2 million is federal and the remaining $0.7 million is state.

 

The following table shows our income taxes paid net of refunds received for the periods presented:

 

 

Year Ended December 31,

 

 

2025

 

 

2024

 

 

2023

 

Income taxes paid, net of refunds:

 

 

 

 

 

 

 

 

     Federal

$

7.1

 

 

$

 

 

$

(0.1

)

     State:

 

 

 

 

 

 

 

 

          Texas

 

14.3

 

 

 

11.6

 

 

 

8.9

 

          New Mexico

 

1.3

 

 

 

1.3

 

 

 

 

          California

 

(0.4

)

 

 

1.1

 

 

 

 

          Arizona

 

0.2

 

 

 

1.0

 

 

 

 

          Other

 

1.8

 

 

 

1.7

 

 

 

(0.3

)

     Total State

 

17.2

 

 

 

16.7

 

 

 

8.6

 

Total income taxes paid, net of refunds

$

24.3

 

 

$

16.7

 

 

$

8.5

 

 

The following table shows the reconciliation between our Income tax provision (benefit) computed at the United States statutory rate on income before income taxes and the income tax provision (benefit) in our Consolidated Statements of Operations for the periods presented:

 

 

Year Ended December 31,

 

Income tax reconciliation:

2025

 

 

2024

 

 

2023

 

Income (loss) before income taxes

$

2,486.4

 

 

 

 

$

1,938.0

 

 

 

 

$

1,942.5

 

 

 

U.S. federal statutory tax rate

 

522.1

 

 

21.0

%

 

 

407.0

 

 

21.0

%

 

 

407.9

 

 

21.0

%

State and local income taxes, net of federal income tax effect (1)

 

40.2

 

 

1.6

%

 

 

35.9

 

 

1.9

%

 

 

16.3

 

 

0.8

%

Changes in valuation allowance

 

 

 

 

 

 

(1.2

)

 

(0.1

%)

 

 

 

 

 

Nontaxable or nondeductible items

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Income attributable to noncontrolling interest

 

(7.1

)

 

(0.3

%)

 

 

(50.7

)

 

(2.6

%)

 

 

(49.0

)

 

(2.5

%)

Other

 

(12.7

)

 

(0.5

%)

 

 

(5.8

)

 

(0.3

%)

 

 

(9.5

)

 

(0.5

%)

Other adjustments

 

(12.8

)

 

(0.5

%)

 

 

(0.7

)

 

(0.1

%)

 

 

(2.5

)

 

(0.1

%)

Income tax provision (benefit)

$

529.7

 

 

21.3

%

 

$

384.5

 

 

19.8

%

 

$

363.2

 

 

18.7

%

 

(1)
State taxes in Texas and New Mexico made up the majority (greater than 50 percent) of the tax effect in this category.

 

We have not identified any uncertain tax positions. We believe that our income tax filing positions and deductions will be sustained on audit and do not anticipate any adjustments that will result in a material adverse effect on our financial condition, results of operations or cash flow. Therefore, no reserves for uncertain income tax positions have been recorded.

 

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (the “OBBBA”) into law. Among other things, the OBBBA indefinitely extends the 100% first-year depreciation allowance on qualified property placed in service after January 19, 2025, includes favorable modifications to the business interest expense limitation, and otherwise extends and enhances certain key provisions of the Tax Cuts & Jobs Act. The OBBBA has multiple effective dates with respect to its various provisions, with certain provisions effective in 2025. The impacts of OBBBA are reflected in our results for the year, and there was no material impact to our effective tax rate. We expect certain provisions may change the timing of cash tax payments in future periods.

 

The U.S. Department of the Treasury and the IRS have issued guidance on the application of the corporate alternative minimum tax (the “CAMT”), which is a 15% minimum tax imposed on certain financial income of “applicable corporations,” including proposed regulations issued in September 2024, which may be relied upon until final regulations are released. Based on our interpretation of the Inflation Reduction Act of 2022 (the “IRA”), the CAMT and related guidance, the impact from the OBBBA, and several operational, economic, accounting and regulatory assumptions, we do not anticipate paying CAMT in the near term.

Historical Timeline

Fiscal YearFiled
2025Feb 19, 2026Showing above
2024Feb 20, 2025
2023Feb 15, 2024
2022Feb 22, 2023
2021Feb 24, 2022
2020Feb 18, 2021
2019Feb 20, 2020
2018Mar 1, 2019
2017Feb 16, 2018
2016Feb 21, 2017
2015Feb 29, 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.