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Income Taxes
 3 Months Ended
Mar. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes Income Taxes
Effective Income Tax Rate
The income tax provision consisted of the following:
 Three months ended March 31,
(In millions, except rates)20212020
(Loss)/Income before income taxes$(167)$144 
Income tax (benefit)/expense (85)23 
Effective income tax rate50.9 %16.0 %
For the three months ended March 31, 2021, the effective tax rate was higher than the statutory rate of 21% primarily due to state tax benefits and one-time tax benefits, as a result of the acquisition of Direct Energy, on the revaluation of state deferred tax assets, NOLs, and valuation allowance. For the same period in 2020, the effective tax rate was lower than the statutory rate of 21% primarily due to an excess tax benefit related to share-based compensation, partially offset by state tax expense.
Uncertain Tax Benefits
As of March 31, 2021, NRG had a non-current tax liability of $23 million for uncertain tax benefits from positions taken on various federal and state income tax returns and accrued interest. For the three months ended March 31, 2021, NRG accrued an immaterial amount of interest relating to the uncertain tax benefits. As of March 31, 2021, NRG had cumulative interest and penalties related to these uncertain tax benefits of $2 million. The Company recognizes interest and penalties related to uncertain tax benefits in income tax expense.
NRG is subject to examination by taxing authorities for income tax returns filed in the U.S. federal jurisdiction and various state and foreign jurisdictions including operations located in Australia and Canada. The Company is no longer subject to U.S. federal income tax examinations for years prior to 2017. With few exceptions, state and local income tax examinations are no longer open for years prior to 2012.