Due to the structure of MAA as a REIT and the nature of the operations of its operating properties, no provision for federal income taxes has been made at the MAA level. In addition, as MAALP is structured as a limited partnership, and its partners recognize their proportionate share of income or loss in their tax returns, no provision for federal income taxes has been made at the MAALP level. Historically, the Company has incurred certain state and local income, excise and franchise taxes.

A TRS is an entity that is subject to federal, state and any applicable local corporate income tax without the benefit of the dividends paid deduction applicable to REITs. The Company’s TRS did not generate any material taxable income or income tax expense for the years ended December 31, 2020, 2019 and 2018. The Company’s TRS generally provide the Company with third party services (property management services to a real estate joint venture and other services) for which the Company reimburses its TRS. In addition, one of the Company’s TRS has investments in two limited partnerships that may generate investment income and losses. All intercompany transactions are eliminated in the accompanying consolidated financial statements.

For the years ended December 31, 2020, 2019 and 2018, the reconciliation of income tax attributable to continuing operations for the Company’s TRS computed at the U.S. statutory rate to the income tax provision was as follows (in thousands):

	2020		2019		2018
Tax expense at U.S. statutory rates on the Company’s TRS income subject to tax	$	763	$	1,026	$	115
Valuation allowance		—		—		127
TRS income tax provision	$	763	$	1,026	$	242

Income tax expense primarily relates to the Texas-based margin tax for all Texas apartment communities in addition to the Company’s TRS income tax provision discussed above. Income tax expense for the Company for the years ended December 31, 2020, 2019 and 2018 was $3.3 million, $3.7 million and $2.6 million, respectively, and is presented in “Income tax expense” in the accompanying Consolidated Statements of Operations.

The Company’s TRS deferred tax asset and liability balances as of December 31, 2020 and 2019 were immaterial. The TRS had no reserve for uncertain tax positions for the years ended December 31, 2020 and 2019, and management does not believe there will be any material changes in the TRS unrecognized tax positions over the next 12 months. If necessary, the TRS accrues interest and penalties on unrecognized tax benefits as a component of income tax expense.

As of December 31, 2020, the Company held federal NOL carryforwards of $62.0 million for income tax purposes that expire in years 2021 to 2032. Utilization of any NOL carryforwards is subject to an annual limitation due to ownership change limitations provided by Section 382 of the Code and similar state provisions. The annual limitations may result in the expiration of NOL carryforwards before utilization. The Company may use these NOLs to offset all or a portion of the taxable income generated at the REIT level. Tax years 2017 through 2020 are subject to examination by the Internal Revenue Service. No tax examination is currently in process.

For income tax purposes, dividends paid to holders of common stock generally consist of ordinary income, return of capital, capital gains, qualified dividends and un-recaptured Section 1250 gains, or a combination thereof. For the years ended December 31, 2020, 2019 and 2018, dividends per share held for the entire year were estimated to be taxable as follows:

	2020					2019					2018
	Amount		Percentage			Amount		Percentage			Amount		Percentage
Ordinary income	$	4.00		99.98	%	$	3.51		91.39	%	$	3.66		99.26	%
Capital gain		0.00		0.02	%		0.21		5.54	%		0.02		0.61	%
Un-recaptured Section 1250 gain		0.00		0.00	%		0.12		3.07	%		0.01		0.13	%
	$	4.00		100	%	$	3.84		100	%	$	3.69		100	%

The Company designated the per share amounts above as capital gain dividends in accordance with the requirements of the Code. The difference between net income available to common shareholders for financial reporting purposes and taxable income before dividend deductions relates primarily to temporary differences such as depreciation and amortization and taxable gains on sold properties.