8. INCOME TAXES
Accounting Standards Update 2023-09, “Income Taxes (Topic 740): Improvements to Income Tax Disclosures” was adopted on December 31, 2025, using a retrospective approach with no impact to the consolidated statements or additional disclosures.
The Partnership is not a taxable entity for U.S. federal income tax purposes; therefore, the federal statutory rate is zero percent. However, income apportionable to Texas is subject to Texas margin tax.
For the year ended December 31, 2025, the variance from the federal statutory rate was primarily due to the Texas margin tax liability and federal income tax on activities operated through corporate entities. For the year ended December 31, 2024, the variance from the federal statutory rate was primarily impacted by a state margin tax rate increase associated with no longer being included in Occidental’s affiliated group tax return beginning in September 2024 due to Occidental’s sale of 19.5 million of the Partnership’s common units in August 2024 and the resulting decrease in ownership, inclusive of its ownership in WES Operating. For the year ended December 31, 2023, the variance from the federal statutory rate was primarily due to the Texas margin tax liability.
The components of income tax expense (benefit) are as follows:
| | | | | | | | | | | | | | | | | | | | | |
| | | | | | | |
| | Year Ended December 31, | |
| thousands | | 2025 | | 2024 | | 2023 | |
| | | | | | | |
| | | | | | | |
| Current state income tax expense (benefit) | | $ | 11,142 | | $ | 3,900 | | $ | 3,341 | |
| Total current income tax expense (benefit) | | $ | 11,142 | | $ | 3,900 | | $ | 3,341 | |
| | | | | | | | |
| | | | | | | |
| Deferred federal income tax expense (benefit) | | $ | 2,492 | | $ | — | | $ | — | |
| Deferred state income tax expense (benefit) | | 1,452 | | 14,211 | | 1,044 | |
| Total deferred income tax expense (benefit) | | $ | 3,944 | | $ | 14,211 | | $ | 1,044 | |
| | | | | | | | |
| Total income tax expense (benefit) | | $ | 15,086 | | $ | 18,111 | | $ | 4,385 | |
Total income taxes differed from the amounts computed by applying the statutory income tax rate to income (loss) before income taxes. The sources of these differences are as follows:
| | | | | | | | | | | | | | | | | | | | | |
| | Year Ended December 31, | |
| thousands except percentages | | 2025 | | 2024 | | 2023 | |
| Income (loss) before income taxes | | $ | 1,227,541 | | $ | 1,629,363 | | $ | 1,052,392 | |
| Statutory tax rate | | — | % | | — | % | | — | % | |
| Tax computed at statutory rate | | $ | — | | $ | — | | $ | — | |
| Adjustments resulting from: | | | | | | | |
Texas margin tax expense (benefit) (1) | | $ | 12,352 | | $ | 18,111 | | $ | 4,385 | |
| Federal income tax on corporate entities | | 2,492 | | — | | — | |
| Other state taxes | | 242 | | — | | — | |
| Income tax expense (benefit) | | $ | 15,086 | | $ | 18,111 | | $ | 4,385 | |
| Effective tax rate | | 1 | % | | 1 | % | | — | % | |
_________________________________________________________________________________________(1)Includes tax expense of $13.1 million for the year ended December 31, 2024, related to an increased Texas margin tax rate resulting from no longer being included in Occidental’s affiliated group tax return beginning in September 2024.
8. INCOME TAXES
The tax effects of temporary differences that give rise to significant portions of deferred tax assets (liabilities) are as follows:
| | | | | | | | | | | | | | | | |
| | December 31, | | |
| thousands | | 2025 | | 2024 | | |
| Deferred tax assets: | | | | | | |
| Net operating loss carryforward | | $ | 84,609 | | $ | — | | |
| Interest expense carryforward and other | | 4,913 | | — | | |
| Other | | 3,465 | | 2,717 | | |
| Total deferred tax assets | | $ | 92,987 | | $ | 2,717 | | |
| Valuation allowance | | (608) | | — | | |
| Net deferred tax assets | | $ | 92,379 | | $ | 2,717 | | |
| | | | | | | |
| Deferred tax liabilities: | | | | | | |
| Partnership interest held by corporate subsidiaries | | $ | (163,545) | | $ | — | | |
| Depreciable property | | (37,068) | | (30,984) | | |
| Other intangible assets | | (3,043) | | (1,412) | | |
| Net long-term deferred income tax liabilities | | (203,656) | | (32,396) | | |
| Total net deferred income tax liabilities | | $ | (111,277) | | $ | (29,679) | | |
As of December 31, 2025, the Partnership had unused net operating loss carryforwards for federal income tax purposes of $357.3 million, which can be carried forward indefinitely and may be used to offset future taxable income. The federal net operating loss carryforward limit under Internal Revenue Code (“IRC”) Section 382 is $322.1 million. Although the Partnership expects to fully utilize the federal net operating loss allowed under IRC Section 382, the amount utilized in a particular year may be limited.
As of December 31, 2025, the Partnership had unused net operating loss carryforwards for state income tax purposes of $192.3 million, which can be carried forward indefinitely, and $13.0 million, which expire from 2038 through 2040. The Partnership believes that it is more likely than not that the benefit from certain state net operating loss carryforwards will not be realized and have provided a valuation allowance of $0.6 million on the deferred tax assets related to these state net operating loss carryforwards.