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INCOME TAXES | 12 Months Ended
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Dec. 31, 2023
Income Tax Disclosure [Abstract] |
Income Taxes | INCOME TAXES We provide our calculations of ETRs in the following table.
INCOME TAX EXPENSE (BENEFIT) AND EFFECTIVE INCOME TAX RATES
(Dollars in millions)
| Years ended December 31,
| 2023 |  | 2022 |  | 2021
Sempra: |  |  |  |  |
Income tax expense | $ | 490 |  |  | $ | 556 |  |  | $ | 99 |
Income before income taxes and equity earnings | $ | 2,627 |  |  | $ | 1,343 |  |  | $ | 219 |
Equity earnings, before income tax(1) | 633 |  |  | 666 |  |  | 614 |
Pretax income | $ | 3,260 |  |  | $ | 2,009 |  |  | $ | 833 |
Effective income tax rate | 15 | % |  | 28 | % |  | 12 | %
SDG&E: |  |  |  |  |
Income tax (benefit) expense | $ | (26) |  |  | $ | 182 |  |  | $ | 201 |
Income before income taxes | $ | 910 |  |  | $ | 1,097 |  |  | $ | 1,020 |
Effective income tax rate | (3) | % |  | 17 | % |  | 20 | %
SoCalGas: |  |  |  |  |
Income tax (benefit) expense | $ | (5) |  |  | $ | 138 |  |  | $ | (310) |
Income (loss) before income taxes | $ | 807 |  |  | $ | 738 |  |  | $ | (736) |
Effective income tax rate | (1) | % |  | 19 | % |  | 42 | %
(1) We discuss how we recognize equity earnings in Note 6. For SDG&E and SoCalGas, the CPUC requires flow-through rate-making treatment for the current income tax benefit or expense arising from certain property-related and other temporary differences between the treatment for financial reporting and income tax, which will reverse over time. Under the regulatory accounting treatment required for these flow-through temporary differences, deferred income tax assets and liabilities are not recorded to deferred income tax expense, but rather to a regulatory asset or liability, which impacts the ETR. As a result, changes in the relative size of these items compared to pretax income, from period to period, can cause variations in the ETR. The following items are subject to flow-through treatment: ▪repairs expenditures related to a certain portion of utility plant fixed assets ▪the equity portion of AFUDC, which is non-taxable ▪a portion of the cost of removal of utility plant assets ▪utility self-developed software expenditures ▪depreciation on a certain portion of utility plant assets ▪state income taxes AFUDC related to equity recorded for regulated construction projects at Sempra Infrastructure has similar flow-through treatment. We present in the table below reconciliations of net U.S. statutory federal income tax rates to our ETRs.
RECONCILIATION OF FEDERAL INCOME TAX RATES TO EFFECTIVE INCOME TAX RATES
| Years ended December 31,
| 2023 |  | 2022 |  | 2021
Sempra: |  |  |  |  |
U.S. federal statutory income tax rate | 21 | % |  | 21 | % |  | 21 | %
Foreign exchange and inflation effects(1) | 9 |  |  | 9 |  |  | 1 |
Utility depreciation | 3 |  |  | 4 |  |  | 8 |
Non-U.S. earnings taxed at rates different from the U.S. statutory income tax rate(2) | 1 |  |  | 3 |  |  | 5 |
State income taxes, net of federal income tax benefit | 1 |  |  | 1 |  |  | (4) |
Outside basis differences | — |  |  | 6 |  |  | 9 |
Impairment losses | — |  |  | — |  |  | (1) |
Compensation-related items | — |  |  | — |  |  | (1) |
Valuation allowances | — |  |  | (2) |  |  | 1 |
Utility self-developed software expenditures | (1) |  |  | — |  |  | (5) |
Allowance for equity funds used during construction | (1) |  |  | (1) |  |  | (3) |
Amortization of excess deferred income taxes | (1) |  |  | (2) |  |  | (3) |
Remeasurement of deferred taxes | (1) |  |  | (3) |  |  | (4) |
Resolution of prior years’ income tax items | (2) |  |  | (2) |  |  | — |
Noncontrolling interests | (3) |  |  | — |  |  | (2) |
Tax credits | (5) |  |  | (1) |  |  | — |
Utility repairs expenditures | (6) |  |  | (5) |  |  | (9) |
Other, net | — |  |  | — |  |  | (1) |
Effective income tax rate | 15 | % |  | 28 | % |  | 12 | %
SDG&E: |  |  |  |  |
U.S. federal statutory income tax rate | 21 | % |  | 21 | % |  | 21 | %
Depreciation | 5 |  |  | 3 |  |  | 3 |
State income taxes, net of federal income tax benefit | 2 |  |  | 4 |  |  | 5 |
Self-developed software expenditures | (1) |  |  | — |  |  | (1) |
Resolution of prior years’ income tax items | (1) |  |  | (2) |  |  | — |
Amortization of excess deferred income taxes | (2) |  |  | (2) |  |  | (2) |
Allowance for equity funds used during construction | (2) |  |  | (2) |  |  | (2) |
Repairs expenditures | (8) |  |  | (5) |  |  | (4) |
Tax credits | (16) |  |  | — |  |  | — |
Other, net | (1) |  |  | — |  |  | — |
Effective income tax rate | (3) | % |  | 17 | % |  | 20 | %
SoCalGas: |  |  |  |  |
U.S. federal statutory income tax rate | 21 | % |  | 21 | % |  | 21 | %
Depreciation | 5 |  |  | 5 |  |  | (5) |
Nondeductible expenditures | — |  |  | 2 |  |  | — |
Allowance for equity funds used during construction | (1) |  |  | (2) |  |  | 1 |
State income taxes, net of federal income tax benefit | (2) |  |  | 2 |  |  | 11 |
Self-developed software expenditures | (2) |  |  | — |  |  | 5 |
Amortization of excess deferred income taxes | (2) |  |  | (2) |  |  | 2 |
Resolution of prior years’ income tax items | (6) |  |  | — |  |  | — |
Repairs expenditures | (14) |  |  | (6) |  |  | 5 |
Other, net | — |  |  | (1) |  |  | 2 |
Effective income tax rate | (1) | % |  | 19 | % |  | 42 | %
(1) Due to fluctuation of the Mexican peso against the U.S. dollar. We record income tax expense (benefit) from the transactional effects of foreign currency and inflation because of appreciation (depreciation) of the Mexican peso. In 2021, we also recognized losses in Other Income, Net, on the Consolidated Statement of Operations from foreign currency derivatives that were partially hedging Sempra Infrastructure’s exposure to movements in the Mexican peso from its controlling interest in IEnova. (2) Related to operations in Mexico. We expect to repatriate approximately $2.4 billion of foreign undistributed earnings in the foreseeable future, and have accrued $70 million of U.S. state deferred income tax liability at December 31, 2023. We repatriated approximately $108 million and $38 million to the U.S. in 2023 and 2021, respectively. In the year ended December 31, 2022, we recognized income tax expense of $120 million for a deferred income tax liability related to outside basis differences in our foreign subsidiaries that we had previously considered to be indefinitely reinvested. We have not recorded deferred income taxes with respect to remaining basis differences of approximately $700 million between financial statement and income tax investment amounts in our non-U.S. subsidiaries because we consider them to be indefinitely reinvested as of December 31, 2023. The remaining basis differences are calculated pursuant to U.S. federal tax law, which may differ from tax law in California and foreign jurisdictions. It is currently not practicable to determine the hypothetical amount of tax that might be payable if the underlying basis differences were realized. The table below presents the geographic components of pretax income.
PRETAX INCOME
(Dollars in millions)
| Years ended December 31,
| 2023 |  | 2022 |  | 2021
Sempra: |  |  |  |  |
By geographic components: |  |  |  |  |
U.S. | $ | 2,678 |  |  | $ | 1,449 |  |  | $ | 346 |
Non-U.S. | 582 |  |  | 560 |  |  | 487 |
Total(1) | $ | 3,260 |  |  | $ | 2,009 |  |  | $ | 833 |
(1) See the Income Tax Expense (Benefit) and Effective Income Tax Rates table above for the calculation of pretax income. U.S. pretax income was lower in 2021 compared to 2023 and 2022 primarily due to the 2021 charges at SoCalGas related to litigation pertaining to the Leak, which we describe in Note 16. The components of income tax expense are as follows.
INCOME TAX EXPENSE (BENEFIT)
(Dollars in millions)
| Years ended December 31,
| 2023 |  | 2022 |  | 2021
Sempra: |  |  |  |  |
Current: |  |  |  |  |
U.S. federal | $ | 102 |  |  | $ | — |  |  | $ | — |
U.S. state | 3 |  |  | (1) |  |  | (6) |
Non-U.S. | 208 |  |  | 165 |  |  | 183 |
Total | 313 |  |  | 164 |  |  | 177 |
Deferred: |  |  |  |  |
U.S. federal | (56) |  |  | 248 |  |  | (9) |
U.S. state | 18 |  |  | 50 |  |  | (37) |
Non-U.S. | 225 |  |  | 94 |  |  | (31) |
Total | 187 |  |  | 392 |  |  | (77) |
Deferred investment tax credits | (10) |  |  | — |  |  | (1) |
Total income tax expense | $ | 490 |  |  | $ | 556 |  |  | $ | 99 |
SDG&E: |  |  |  |  |
Current: |  |  |  |  |
U.S. federal | $ | (156) |  |  | $ | 76 |  |  | $ | 35 |
U.S. state | (5) |  |  | 13 |  |  | 13 |
Total | (161) |  |  | 89 |  |  | 48 |
Deferred: |  |  |  |  |
U.S. federal | 111 |  |  | 54 |  |  | 99 |
U.S. state | 35 |  |  | 38 |  |  | 54 |
Total | 146 |  |  | 92 |  |  | 153 |
Deferred investment tax credits | (11) |  |  | 1 |  |  | — |
Total income tax (benefit) expense | $ | (26) |  |  | $ | 182 |  |  | $ | 201 |
SoCalGas: |  |  |  |  |
Current: |  |  |  |  |
U.S. federal | $ | (6) |  |  | $ | (5) |  |  | $ | 134 |
U.S. state | (11) |  |  | (3) |  |  | 50 |
Total | (17) |  |  | (8) |  |  | 184 |
Deferred: |  |  |  |  |
U.S. federal | 22 |  |  | 125 |  |  | (334) |
U.S. state | (11) |  |  | 22 |  |  | (159) |
Total | 11 |  |  | 147 |  |  | (493) |
Deferred investment tax credits | 1 |  |  | (1) |  |  | (1) |
Total income tax (benefit) expense | $ | (5) |  |  | $ | 138 |  |  | $ | (310) |
The tables below present the components of deferred income taxes:
DEFERRED INCOME TAXES
(Dollars in millions)
| December 31,
| 2023 |  | 2022
Sempra: |  |  |
Deferred income tax liabilities: |  |  |
Differences in financial and tax bases of fixed assets, investments and other assets(1) | $ | 6,875 |  |  | $ | 5,533 |
U.S. state and non-U.S. withholding tax on repatriation of foreign earnings | 55 |  |  | 53 |
Regulatory balancing accounts | 727 |  |  | 632 |
Right-of-use assets – operating leases | 211 |  |  | 177 |
Property taxes | 68 |  |  | 60 |
Postretirement benefits | 47 |  |  | 31 |
Other deferred income tax liabilities | 68 |  |  | 55 |
Total deferred income tax liabilities | 8,051 |  |  | 6,541 |
Deferred income tax assets: |  |  |
Tax credits | 1,468 |  |  | 1,210 |
Net operating losses | 982 |  |  | 579 |
Compensation-related items | 157 |  |  | 144 |
Operating lease liabilities | 179 |  |  | 164 |
Other deferred income tax assets | 96 |  |  | 40 |
Bad debt allowance | 144 |  |  | 48 |
Accrued expenses not yet deductible | 89 |  |  | 92 |
Deferred income tax assets before valuation allowances | 3,115 |  |  | 2,277 |
Less: valuation allowances | 189 |  |  | 192 |
Total deferred income tax assets | 2,926 |  |  | 2,085 |
Net deferred income tax liability(2) | $ | 5,125 |  |  | $ | 4,456 |
(1) In addition to the financial over tax basis differences in fixed assets, the amount also includes financial over tax basis differences in various interests in partnerships and certain subsidiaries. (2) At December 31, 2023 and 2022, includes $129 and $135, respectively, recorded as a noncurrent asset and $5,254 and $4,591, respectively, recorded as a noncurrent liability on the Consolidated Balance Sheets.
DEFERRED INCOME TAXES
(Dollars in millions)
| SDG&E |  | SoCalGas
| December 31,
| 2023 |  | 2022 |  | 2023 |  | 2022
Deferred income tax liabilities: |  |  |  |  |  |  |
Differences in financial and tax bases of utility plant and other assets | $ | 2,641 |  |  | $ | 2,157 |  |  | $ | 2,272 |  |  | $ | 1,568 |
Regulatory balancing accounts | 418 |  |  | 397 |  |  | 309 |  |  | 236 |
Right-of-use assets – operating leases | 103 |  |  | 79 |  |  | 8 |  |  | 12 |
Property taxes | 43 |  |  | 38 |  |  | 25 |  |  | 21 |
Postretirement benefits | — |  |  | — |  |  | 71 |  |  | 45 |
Other deferred income tax liabilities | — |  |  | — |  |  | 4 |  |  | — |
Total deferred income tax liabilities | 3,205 |  |  | 2,671 |  |  | 2,689 |  |  | 1,882 |
Deferred income tax assets: |  |  |  |  |  |  |
Tax credits | 7 |  |  | 5 |  |  | 7 |  |  | 2 |
Compensation-related items | 9 |  |  | 9 |  |  | 31 |  |  | 27 |
Operating lease liabilities | 103 |  |  | 79 |  |  | 8 |  |  | 12 |
Bad debt allowance | 37 |  |  | 19 |  |  | 86 |  |  | 23 |
Accrued expenses not yet deductible | 11 |  |  | 10 |  |  | 56 |  |  | 59 |
Net operating losses | 146 |  |  | — |  |  | 890 |  |  | 441 |
Other deferred income tax assets | 19 |  |  | 9 |  |  | 25 |  |  | 12 |
Total deferred income tax assets | 332 |  |  | 131 |  |  | 1,103 |  |  | 576 |
Net deferred income tax liability | $ | 2,873 |  |  | $ | 2,540 |  |  | $ | 1,586 |  |  | $ | 1,306 |
The following table summarizes our unused NOLs and tax credit carryforwards.
NET OPERATING LOSSES AND TAX CREDIT CARRYFORWARDS |  |
(Dollars in millions) |  |
| Unused amount at December 31, 2023 | Year expiration begins
Sempra: |  |
U.S. federal: |  |
NOLs(1) | $ | 3,416 |  | 2037
General business tax credits(1) | 318 |  | 2035
Corporate alternative minimum tax credits(1) | 389 |  | Indefinite
Foreign tax credits(2) | 766 |  | 2024
U.S. state(2): |  |
NOLs | 6,043 |  | 2026
General business tax credits | 27 |  | 2024
Non-U.S. NOLs(2) | 119 |  | 2026
SDG&E: |  |
U.S. federal(1): |  |
NOLs | $ | 365 |  | Indefinite
U.S. state NOLs(1) | 989 |  | 2043
SoCalGas: |  |
U.S. federal(1): |  |
NOLs | $ | 2,909 |  | Indefinite
General business tax credits | 4 |  | 2042
U.S. state NOLs(1) | 3,991 |  | 2042
(1) We have recorded deferred income tax benefits on these NOLs and tax credits, in total, because we currently believe they will be realized on a more-likely-than-not-basis. (2) We have not recorded deferred income tax benefits on a portion of these NOLs and tax credits because we currently believe they will not be realized on a more-likely-than-not-basis, as we discuss below. A valuation allowance is recorded when, based on more-likely-than-not criteria, negative evidence outweighs positive evidence with regard to our ability to realize a deferred income tax asset in the future. Of the valuation allowances recorded to date, the negative evidence outweighs the positive evidence primarily due to cumulative pretax losses in various U.S. state and non-U.S. jurisdictions resulting in deferred income tax assets that we currently do not believe will be realized on a more-likely-than-not basis. The following table provides the valuation allowances that we recorded against a portion of our total deferred income tax assets shown above in the “Deferred Income Taxes – Sempra” table.
VALUATION ALLOWANCES
(Dollars in millions)
| December 31,
| 2023 |  | 2022
Sempra: |  |  |
U.S. federal | $ | 108 |  |  | $ | 115 |
U.S. state | 51 |  |  | 51 |
Non-U.S. | 30 |  |  | 26 |
| $ | 189 |  |  | $ | 192 |
Following is a reconciliation of the changes in unrecognized income tax benefits and the potential effect on our ETR for the years ended December 31:
RECONCILIATION OF UNRECOGNIZED INCOME TAX BENEFITS
(Dollars in millions)
| 2023 |  | 2022 |  | 2021
Sempra: |  |  |  |  |
Balance at January 1 | $ | 278 |  |  | $ | 304 |  |  | $ | 99 |
Increase in prior period tax positions | 308 |  |  | 16 |  |  | 3 |
Decrease in prior period tax positions | (63) |  |  | (2) |  |  | (2) |
Decrease in current period tax positions | (21) |  |  | — |  |  | — |
Settlements with tax authorities | (16) |  |  | (43) |  |  | — |
Expiration of statutes of limitations | — |  |  | (1) |  |  | — |
Increase in current period tax positions | 6 |  |  | 4 |  |  | 204 |
Balance at December 31 | $ | 492 |  |  | $ | 278 |  |  | $ | 304 |
Of December 31 balance, amounts related to tax positions that if recognized in future years would |  |  |  |  |
decrease the effective tax rate(1) | $ | (224) |  |  | $ | (117) |  |  | $ | (105) |
increase the effective tax rate(1) | 1 |  |  | 38 |  |  | 34 |
SDG&E: |  |  |  |  |
Balance at January 1 | $ | 14 |  |  | $ | 14 |  |  | $ | 13 |
Increase in prior period tax positions | 2 |  |  | — |  |  | 1 |
Settlements with tax authorities | (2) |  |  | — |  |  | — |
Balance at December 31 | $ | 14 |  |  | $ | 14 |  |  | $ | 14 |
Of December 31 balance, amounts related to tax positions that if recognized in future years would |  |  |  |  |
decrease the effective tax rate(1) | $ | (11) |  |  | $ | (11) |  |  | $ | (11) |
increase the effective tax rate(1) | 1 |  |  | 1 |  |  | 1 |
SoCalGas: |  |  |  |  |
Balance at January 1 | $ | 77 |  |  | $ | 72 |  |  | $ | 68 |
Increase in prior period tax positions | 1 |  |  | 1 |  |  | 1 |
Decrease in prior period tax positions | (47) |  |  | — |  |  | — |
Increase in current period tax positions | — |  |  | 4 |  |  | 3 |
Settlements with tax authorities | (2) |  |  | — |  |  | — |
Balance at December 31 | $ | 29 |  |  | $ | 77 |  |  | $ | 72 |
Of December 31 balance, amounts related to tax positions that if recognized in future years would |  |  |  |  |
decrease the effective tax rate(1) | $ | (29) |  |  | $ | (67) |  |  | $ | (63) |
increase the effective tax rate(1) | — |  |  | 37 |  |  | 33 |
(1) Includes temporary book and tax differences that are treated as flow-through for ratemaking purposes, as discussed above. The California Franchise Tax Board is examining Sempra’s California unitary group for tax years 2018 and 2019. As of December 31, 2023, it is reasonably possible this matter could be resolved within the next 12 months, and we intend to file refund claims for all impacted tax years. We have included an increase in unrecognized income tax benefits in the reconciliation above. In April 2023, the IRS issued Revenue Procedure 2023-15, which provides a safe harbor method of accounting for gas repairs expenditures. SDG&E and SoCalGas both intend to elect this change in tax accounting method in Sempra’s consolidated 2023 income tax return filing and have recorded estimated income tax benefits of $34 million and $97 million, respectively, in 2023. Additionally, SoCalGas updated its assessment of prior years’ unrecognized income tax benefits and recorded an income tax benefit of $43 million in 2023 pertaining to gas repairs expenditures. SDG&E and SoCalGas have recorded associated regulatory liabilities for the portion of these benefits that will be flowed through to customers in the future. It is reasonably possible that within the next 12 months, unrecognized income tax benefits could decrease due to the following:
POSSIBLE DECREASES IN UNRECOGNIZED INCOME TAX BENEFITS WITHIN 12 MONTHS
(Dollars in millions)
| December 31,
| 2023 |  | 2022 |  | 2021
Sempra: |  |  |  |  |
Potential resolution of audit issues with various U.S. federal, state and local and non-U.S. taxing authorities | $ | 242 |  |  | $ | 8 |  |  | $ | 8 |
SDG&E: |  |  |  |  |
Potential resolution of audit issues with various U.S. federal, state and local taxing authorities | $ | 6 |  |  | $ | 6 |  |  | $ | 6 |
SoCalGas: |  |  |  |  |
Potential resolution of audit issues with various U.S. federal, state and local taxing authorities | $ | 2 |  |  | $ | 2 |  |  | $ | 2 |
Amounts accrued for interest and penalties associated with unrecognized income tax benefits are included in Income Tax Expense (Benefit) on the Consolidated Statements of Operations. Sempra accrued $15 million and $13 million at December 31, 2023 and 2022, respectively, on the Consolidated Balance Sheets, and $2 million in 2023 and negligible amounts in 2022 and 2021 on the Consolidated Statements of Operations for interest and penalties. SDG&E and SoCalGas each accrued negligible amounts for interest expense and penalties at December 31, 2023 and 2022 on the Consolidated Balance Sheets, and recorded negligible amounts for interest expense and penalties on the Consolidated Statements of Operations for all periods presented. INCOME TAX AUDITS Sempra is subject to U.S. federal income tax as well as income tax of multiple state and non-U.S. jurisdictions. We remain subject to examination for U.S. federal tax years after 2019. We are subject to examination by major state tax jurisdictions for tax years after 2012. Certain major non-U.S. income tax returns for tax years 2013 through the present are open to examination. SDG&E and SoCalGas are subject to U.S. federal income tax and state income tax. They remain subject to examination for U.S. federal tax years after 2019 and state tax years after 2012. In addition, Sempra has filed protests to contest proposed state audit adjustments for tax years 2009 through 2012. The pre-2013 tax years for our major state tax jurisdictions are closed to new issues; therefore, no additional tax may be assessed by the taxing authorities for these tax years. SI Partners has filed an administrative appeal to contest a tax assessment issued by the Servicio de Administración Tributaria for tax year 2016. We have included an increase in unrecognized income tax benefits in the table above, and will have the opportunity to contest any unresolved issues through the Mexican courts.

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