Note 8 – Income Taxes

Income tax benefit for the years ended December 31, is comprised of the following:

Years Ended December 31,

2025

2024

2023

Current:

Federal

$

-

$

-

$

1,913

State

6,623

5,920

11,487

6,623

5,920

13,400

Deferred:

Federal

1,521

(4,583)

(103,617)

State

(4,699)

(23,173)

23,772

(3,178)

(27,756)

(79,845)

Total income tax expense/(benefit)

$

3,445

$

(21,836)

$

(66,445)

The statutory Federal tax rate is 21% for 2025, 2024, and 2023. For states with a corporate net income tax, the state corporate net income tax rates range from 2.25% to 9.50% for the years presented. The Company’s effective income tax rate for 2025, 2024, and 2023 was 0.6%, (3.8)%, and (15.4)%, respectively. The Company remains subject to examination by federal and state tax authorities for the tax years of 2022 through 2025.

The differences between income taxes expected at the federal statutory rate and the reported income tax benefit are described below:

Year Ended December 31,

2025

Amount

Percentage

US Federal statutory tax rate

$

130,166 

21.0%

State and local income tax, net of Federal income tax effect (a)

2,336 

0.4%

Changes in valuation allowances

108 

0.0%

Nontaxable or nondeductible items

7,948 

1.3%

Changes in unrecognized tax benefits

1,294 

0.2%

Other adjustments:

Plant basis differences

(114,892)

(18.6%)

Amortization of excess deferred income taxes

(6,476)

(1.0%)

Release of income tax reserve regulatory liability (b)

(10,218)

(1.6%)

Other

(6,821)

(1.1%)

Actual income tax expense

$

3,445 

0.6%

(a) Pennsylvania accounts for the majority of state and local income tax, net of federal income tax effect.

(b) Release of income tax reserve regulatory liability of ($22,575) of which ($12,357) is included in state and local income tax, net of federal income tax effect.

Years Ended December 31,

2024

2023

Computed Federal tax expense at statutory rate

$

120,430 

$

90,674 

Decrease in Federal tax expense related to the flow through

benefit of repair deductions

(107,853)

(117,370)

Amortization of deferred benefit from repair method changes

(18,454)

(18,454)

State income taxes, net of Federal tax benefit

(13,745)

(15,115)

Amortization of excess deferred income taxes

(5,971)

(8,324)

Net change in unrecognized tax benefit

288 

(4,796)

Valuation allowance for deferred tax assets

4,747 

8,148 

Other, net

(1,278)

(1,208)

Actual income tax benefit

$

(21,836)

$

(66,445)

As of December 31, 2025, and 2024, a change in valuation allowance for state deferred tax assets in the amounts of $(14,758) and $(4,206), respectively, are included in state income taxes, net of federal tax benefit above.

The Company uses the flow-through method to account for the repairs tax deduction for qualifying utility infrastructure at its regulated Pennsylvania and New Jersey subsidiaries. The flow-through method of recording income tax benefits results in a reduction to current income tax expense and is included in utility customers’ rates.  The Company’s regulated Pennsylvania subsidiaries are subject to a collar mechanism. Amounts recognized above or below the collar are required to be recorded as either a regulatory asset or liability, subject to disposition in the next base rate case.

In April 2023, the Internal Revenue Service issued Revenue Procedure 2023-15 which provides a safe harbor method of accounting that taxpayers may use to determine whether expenses to repair, maintain, replace, or improve natural gas transmission and distribution property must be capitalized for tax purposes. In the second quarter of 2023, based on the tax legislative guidance that was issued, the Company reevaluated the uncertain tax positions related to the Regulated Water segment and reclassified a portion of its historical income tax reserves as a regulatory liability until accounting treatment is determined in its next base rate case. In the first quarter of 2025, based on the rate order received by Aqua Pennsylvania, the Company released $22,575 of income tax reserve regulatory liability, while the remaining the tax benefit of $4,874 will be refunded to customers through base rates over a two-year period.

In September 2024, the Pennsylvania Public Utility Commission issued a rate order to Peoples Natural Gas approving several tax related settlements. Accordingly, in December 2024, the Company filed an updated Tax Repairs surcredit calculation with the Public Utility Commission to reflect the updated catch-up adjustment that should be returned to customers effective January 1, 2025, with extension of the original 481(a) amortization period from 5 to 10 years. Beginning January 1, 2025, no state tax benefit is being returned to customers in the approved base rates, as the state NOLs cannot be utilized presently.

The following table provides the changes in the Company’s unrecognized tax benefits:

2025

2024

2023

Balance at January 1,

$

8,207 

$

7,898 

$

18,217 

Impact of current year activity

(315)

309 

7,219 

Effect of Pennsylvania tax rate change

(122)

-

-

Decrease for prior year tax positions

-

-

(17,538)

Balance at December 31,

$

7,770 

$

8,207 

$

7,898 

The Company recognizes the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by the taxing authorities, based on the technical merits of the position. The tax benefits recognized in the financial statements from such a position are measured based on the largest benefit that has a greater than 50% likelihood of being realized upon ultimate resolution. From time to time, the Company may be assessed interest and penalties by taxing authorities, which would be recorded as income tax expense. During the years ended December 31, 2025, 2024, and 2023, there were expenses of $75, $216, and $23 for interest and penalties related to uncertain tax positions. As of December 31, 2025, 2024, and 2023, the Company recognized liabilities of $435, $360, and $144, respectively, for interest and penalties related to its uncertain tax positions.

The unrecognized tax benefits from uncertain tax positions are attributable to temporary differences. The Company does not anticipate material changes to its unrecognized tax benefits within the next year. As a result of the regulatory treatment afforded by the income tax accounting change in Pennsylvania and despite this position being a temporary difference, as of December 31, 2025, 2024, and 2023, $8,408, $7,216, and $6,918, respectively, of these tax benefits would have an impact on the Company’s effective income tax rate in the event the Company does sustain all, or a portion, of its tax position.

The following table provides the components of net deferred tax liability:

December 31,

2025

2024

Deferred tax assets:

Tax attributes and credit carryforwards

$

513,724 

$

494,318 

Tax effect of regulatory liabilities for post-retirement benefits

43,324 

44,567 

Costs expensed for book not deducted for tax, principally accrued expenses

25,102 

19,642 

Customers' advances for construction

18,537 

26,394 

Operating lease liabilities

7,524 

9,532 

Post-retirement benefits

-

1,638 

Other

20 

2,937 

608,231 

599,028 

Less valuation allowance

(178,597)

(166,249)

$

429,634 

$

432,779 

Deferred tax liabilities:

Utility plant, principally due to depreciation and differences in the basis of fixed assets due to variation in tax and book accounting

$

2,020,858 

$

1,820,785 

Deferred taxes associated with the gross-up of revenues necessary to recover the effect of temporary differences in rates

468,647 

408,624 

Tax effect of regulatory assets for post-retirement benefits

17,932 

22,151 

Operating lease right-of-use assets

6,883 

8,486 

Deferred investment tax credit

4,432 

4,601 

Post-retirement benefits

1,002 

-

$

2,519,754 

$

2,264,647 

Net deferred tax liability

$

2,090,120 

$

1,831,868 

The following table summarizes the changes in the Company’s valuation allowance for deferred tax assets:

2025

2024

2023

Balance at January 1,

$

166,249

$

149,486

$

38,940

Amounts charged to expense

14,866

542

16,311

Amounts charged to regulatory assets

(2,518)

16,221

94,235

Balance at December 31,

$

178,597

$

166,249

$

149,486

At December 31, 2025, the Company has a cumulative Federal NOL of $1,494,786. The Company believes the Federal NOLs are more likely than not to be recovered and require no valuation allowance. The Company’s Federal NOLs will begin to expire in 2032.

At December 31, 2025, the Company has a cumulative state NOL of $3,063,726, a portion of which is offset by a valuation allowance. The Company believes a portion of its Regulated Natural Gas segment state NOLs is not likely to be realized due to its continuous investments in qualifying infrastructure resulting in the recording of a valuation allowance in 2023. The Company recorded a regulatory asset for the portion of the valuation allowance that is expected to be fully recovered from customers in future rates.  At December 31, 2025, the Company has a cumulative state valuation allowance of $2,612,828. The state NOL began expiring in 2023.

At December 31, 2025, the Company’s Federal and state NOL carryforwards are reduced by an unrecognized tax position of $22,538 and $16,670, respectively, which results from the Company’s presentation of an unrecognized tax benefit when a net operating loss carryforward, a similar tax loss, or a tax credit carryforward exists. The amounts of the Company’s Federal and state NOL carryforwards net of the unrecognized tax positions are $1,472,249 and $3,047,056, respectively. The Company records its unrecognized tax benefit as a component of its net deferred income tax liability.

At December 31, 2025, the Company has a cumulative Federal charitable contribution of $61,917, on which a valuation allowance of $61,917 has been recorded as the Company determined it is more likely than not they will expire before they are utilized within the carryforward period.

At December 31, 2025, the Company has a cumulative state charitable contribution of $56,916 on which a valuation allowance of $56,916 has been recorded as the Company does not believe these state charitable contributions are more likely than not to be realized.

On July 4, 2025, H.R.1 – One Big Beautiful Bill Act (“OBBBA”) was enacted into law. The OBBBA includes significant provisions such as the permanent extension of certain expiring provisions of the 2017 Tax Cuts and Jobs Act. The OBBBA did not have a significant impact to our consolidated financial statements.

Historical Timeline

Fiscal YearFiled
2025Feb 26, 2026Showing above
2024Feb 27, 2025
2023Feb 29, 2024
2022Mar 1, 2023
2021Mar 1, 2022
2020Mar 1, 2021
2019Feb 28, 2020
2018Feb 26, 2019
2017Feb 28, 2018
2016Feb 24, 2017
2015Feb 26, 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.