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Income Taxes
 12 Months Ended
Dec. 31, 2021
Income Tax Disclosure [Abstract]  
Income Taxes INCOME TAXES
The Company recognizes deferred income tax assets, net of applicable reserves, related to net operating losses, tax credit carryforwards and certain temporary differences. The Company recognizes future tax benefits to the extent that realization of such benefit is more likely than not. Otherwise, a valuation allowance is applied.

Income (loss) before income taxes for domestic and foreign operations consisted of the following:

 
Year Ended December 31,
 202120202019
 (In thousands)
Domestic operations$2,094,324 $(665,376)$2,717,756 
Foreign operations(632,520)(846,103)128,969 
 $1,461,804 $(1,511,479)$2,846,725 
The benefit (provision) for income taxes attributable to income (loss) before income taxes is as follows:

 
Year Ended December 31,
 202120202019
Federal:(In thousands)
Current$(8,984)$207,544 $(4,928)
Deferred (excluding separate components)(189,657)19,852 (537,993)
Deferred – valuation allowance
(14,967)(42,109)(20,175)
Other noncurrent(14,262)4,922 (5,745)
Benefit (provision) for federal income taxes(227,870)190,209 (568,841)
State:
Current5 (816)(22,685)
Deferred (excluding separate components)(28,068)(33,087)(32,793)
Deferred – operating loss carryforward
(27,936)47,728 (5,241)
Deferred – valuation allowance
(601)(3,375)(191)
Other noncurrent13,260 (946)(1,401)
Benefit (provision) for state income taxes(43,340)9,504 (62,311)
Foreign:
Current(3,717)(828)(2,454)
Deferred (excluding separate components)8,943 4,206 44,374 
Deferred – operating loss carryforward
5,793 39,920 32,915 
Deferred – valuation allowance
6,776 (51,439)(76,028)
Benefit (provision) for foreign income taxes17,795 (8,141)(1,193)
 $(253,415)$191,572 $(632,345)

A reconciliation of the federal income tax statutory rate and the Company’s effective tax rate is as follows:

 
Year Ended December 31,
 202120202019
Federal income tax statutory rate21.0 %21.0 %21.0 %
Net operating loss carryback rate differential— 5.5 — 
Noncontrolling interest(3.2)1.6 (0.8)
Foreign jurisdiction income/losses taxed at other than U.S. statutory rate8.2 (12.5)(0.5)
Federal valuation allowance1.0 (2.8)0.7 
State taxes, net2.3 0.5 1.7 
Gain on consolidation of CityCenter, net(10.1)— — 
Permanent and other items(1.9)(0.6)0.1 
 17.3 %12.7 %22.2 %
The tax-effected components of the Company’s net deferred tax liability are as follows:
 December 31,
 20212020
Deferred tax assets – federal and state:(In thousands)
Net operating loss carryforward$35,350 $57,419 
Accruals, reserves and other39,163 167,553 
Lease liabilities2,714,308 1,972,343 
Tax credits3,060,733 3,095,856 
 5,849,554 5,293,171 
Less: Valuation allowance(2,735,451)(2,720,008)
 3,114,103 2,573,163 
Deferred tax assets – foreign:
Net operating loss carryforward185,936 180,143 
Accruals, reserves and other15,228 17,083 
Property and equipment27,366 17,890 
Lease liabilities1,458 1,368 
 229,988 216,484 
Less: Valuation allowance(148,811)(155,587)
 81,177 60,897 
Total deferred tax assets$3,195,280 $2,634,060 
Deferred tax liabilities – federal and state:
Property and equipment$(1,361,356)$(1,349,355)
Investments in unconsolidated affiliates(1,252,816)(1,158,342)
ROU assets(2,570,620)(1,860,195)
Intangibles(141,934)(108,728)
 (5,326,726)(4,476,620)
Deferred tax liabilities – foreign:
Intangibles(307,522)(309,256)
ROU Assets(396)(1,200)
 (307,918)(310,456)
Total deferred tax liability$(5,634,644)$(4,787,076)
Net deferred tax liability$(2,439,364)$(2,153,016)

In March 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law. The CARES Act contains certain income tax provisions that are beneficial to the Company; namely, the relaxation of the interest expense deduction limitation for the 2019 and 2020 tax years and the allowance of a 5-year carryback of net operating losses (“NOLs”) incurred during tax years 2018 through 2020. The Company has recorded a federal income tax receivable of $226 million to reflect the carryback of its 2020 NOL. Furthermore, since the NOL was carried back to tax years when the federal income tax rate was 35%, compared to the 21% rate currently in effect, the Company realized $90 million more income tax benefit than if it would have only been able to carry the NOL forward.

The Company has recorded a valuation allowance of $2.7 billion on its foreign tax credit (“FTC”) carryover of $3.1 billion as of December 31, 2021, resulting in an FTC net deferred tax asset of $332 million. The FTCs are attributable to the Macau Special Gaming Tax, which is 35% of gross gaming revenue in Macau. Because MGM Grand Paradise is presently exempt from the Macau 12% complementary tax on gaming profits, the Company believes that payment of the Macau Special Gaming Tax qualifies as a tax paid in lieu of an income tax that is creditable against U.S. taxes. While the Company generally does not expect to generate new FTC carryovers after the year ended December 31, 2017, it will be able to utilize its existing FTC carryovers to the extent that it has active foreign source income during the 10-year FTC carryforward period. Such foreign source income includes the recapture, to the extent of 50% of U.S. taxable income each year, of overall domestic losses that totaled $1.3 billion at December 31, 2021. The Company relies on future U.S. source
operating income in assessing utilization of the overall domestic losses and, by extension, future FTC realization during the 10-year FTC carryover period. The FTC carryovers will expire if not utilized as follows: $297 million in 2022; $976 million in 2023; $780 million in 2024; $674 million in 2025; $134 million in 2026; and $200 million in 2027.

The Company’s assessment of the realization of its FTC deferred tax asset is based on available evidence, including assumptions concerning future U.S. operating profits and foreign source income. As a result, significant judgment is required in assessing the possible need for a valuation allowance and changes to such assumptions could result in a material change in the valuation allowance with a corresponding impact on the provision for income taxes in the period including such change.

On March 30, 2020, MGM Grand Paradise was granted an extension of its exemption from the Macau 12% complementary tax on gaming profits through June 26, 2022, concurrent with the end of the term of its current gaming subconcession. Absent the exemption from complementary tax on gaming profits, “Net income attributable to MGM Resorts International” would have decreased by $10 million in 2021 and increased by $4 million in 2020 and diluted earnings per share would have decreased by $0.02 in 2021 and increased by $0.01 in 2020. The Company continues to assume that MGM Grand Paradise will pay the Macau 12% complementary tax on gaming profits for all periods beyond June 26, 2022 and has factored that assumption into the measurement of Macau deferred tax assets and liabilities.

Non-gaming operations remain subject to the Macau complementary tax. At December 31, 2021, MGM Grand Paradise had a complementary tax NOL carryforward of $1.5 billion resulting from non-gaming operations that will expire if not utilized in years 2022 through 2024.

MGM Grand Paradise’s exemption from the 12% complementary tax on gaming profits does not apply to dividend distributions of such profits to MGM China. On July 26, 2021, MGM Grand Paradise extended its agreement with the Macau government to settle the 12% complementary tax that would otherwise be due by its shareholder, MGM China, on distributions of its gaming profits by paying a flat annual payment regardless of the amount of distributable dividends. The extension covers distributions of gaming profits earned for the period April 1, 2020 through June 26, 2022. The agreement requires payments of approximately $1 million for the period April 1, 2020 through December 31, 2020, $2 million for January 1, 2021 through December 31, 2021, and $1 million for the period January 1, 2022 through June 26, 2022. The Company recorded $3 million of income tax expense during the year ended December 31, 2021 under the extension.

The Company has NOLs in certain of the states in which it operates that total $536 million as of December 31, 2021, which equates to deferred tax assets of $35 million after federal tax effect and before valuation allowance. The majority of these NOL carryforwards will expire if not utilized by 2025 through 2040 with the remaining being carried forward indefinitely. The Company has provided a valuation allowance of $6 million on certain of its state deferred tax assets, including a portion of NOLs described above.

In addition, there is a valuation allowance of $146 million on certain Macau deferred tax assets, and a valuation allowance of $3 million on Hong Kong NOLs because the Company believes these assets do not meet the “more likely than not” criteria for recognition.

A reconciliation of the beginning and ending amounts of gross unrecognized tax benefits is as follows:
 
Year Ended December 31,
 2021 2020 2019
 (In thousands)
Gross unrecognized tax benefits at January 1$35,617 $33,298 $24,464 
Gross increases - prior period tax positions12,949 3,717 8,960 
Gross decreases - prior period tax positions(13,388)(1,398)(1,006)
Gross increases - current period tax positions654 — 880 
     Settlements with Taxing Authorities(16,264)— — 
Gross unrecognized tax benefits at December 31$19,568 $35,617 $33,298 

The total amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate was $11 million and $9 million at December 31, 2021 and 2020, respectively.

The Company recognizes interest and penalties related to unrecognized tax benefits in income tax expense, which were not material for each of the periods presented.
The Company files income tax returns in the U.S. federal jurisdiction, various state and local jurisdictions, and foreign jurisdictions, although the income taxes paid in foreign jurisdictions are not material. As of December 31, 2021, the IRS can generally no longer assess tax with respect to years ended prior to 2016. During the twelve months ended December 31, 2021, the Company reached a settlement with the IRS Appeals Office on the examination of its 2014 U.S. consolidated federal income tax return. No cash tax payments were due as a result of the settlement.

As of December 31, 2021, other than adjustments resulting from the federal and state income tax audits discussed herein, the various state and local tax jurisdictions in which the Company files tax returns can no longer assess tax with respect to years ended prior to 2016. However, such state and local tax jurisdictions may adjust NOLs generated in such years that are utilized in subsequent years. During 2021, an examination of income tax returns filed in New Jersey for tax years 2015 through 2018 closed with no change and an examination of income tax returns filed in Massachusetts for tax years 2017 and 2018 closed with no material adjustments. Additionally, the Company's income tax returns filed in New York City for the tax years 2017 through 2019 are currently under examination. The Company does not anticipate any material adjustments upon resolution of this audit.

The Company received a final audit determination with respect to the examination of income tax returns filed in the state of Michigan for tax years 2014 through 2018. The Company had an informal conference with the Michigan Department of Treasury Hearings Division to contest the findings of the audit. The Hearings Division issued its decision and order and now the Company is determining its next course of action. Any final adjustments upon resolution of this matter are not expected to be material.
The Company believes that it is reasonably possible that the total amounts of unrecognized tax benefits at December 31, 2021 may decrease by up to $13 million within the next twelve months on the expectation of resolution of a tax accounting method related to its customer loyalty program.