Income Taxes

PNMR

PNMR’s income taxes consist of the following components:



	Year Ended December 31,
	2015			2014			2013
	(In thousands)
Current federal income tax	$	—		$	(2,015	)	$	—
Current state income tax	(1,376		)	(728		)	(917		)
Deferred federal income tax	5,488			59,814			50,044
Deferred state income tax	12,305			14,831			12,578
Amortization of accumulated investment tax credits	(1,342		)	(2,164		)	(2,192		)
Total income taxes	$	15,075		$	69,738		$	59,513

PNMR’s provision for income taxes differed from the federal income tax computed at the statutory rate for each of the years shown. The differences are attributable to the following factors:



	Year Ended December 31,
	2015			2014			2013
	(In thousands)
Federal income tax at statutory rates	$	16,154		$	70,226		$	61,274
Amortization of accumulated investment tax credits	(1,342		)	(2,164		)	(2,192		)
Flow-through of depreciation items	1,485			1,344			1,132
Earnings attributable to non-controlling interest in Valencia	(5,218		)	(4,945		)	(5,082		)
State income tax, net of federal benefit	(1,781		)	5,723			3,818
Impairment of state net operating loss carryforwards	5,278			3,129			—
Impairment of state production tax credits	3,092			894			3,880
Allowance for equity funds used during construction	(3,650		)	(1,947		)	(1,534		)
Reversal of deferred items related to BART at SJGS	1,826			—			—
Impairment of charitable contribution carryforward	2,042			—			—
Other	(2,811		)	(2,522		)	(1,783		)
Total income taxes	$	15,075		$	69,738		$	59,513
Effective tax rate	32.66		%	34.76		%	33.99		%

The components of PNMR’s net accumulated deferred income tax liability were:



	December 31,
	2015			2014
	(In thousands)
Deferred tax assets:
Net operating loss	$	161,691		$	153,858
Regulatory liabilities related to income taxes	80,031			78,858
Federal tax credit carryforwards	77,417			54,748
Shutdown of SJGS Units 2 and 3	53,823			—
Other	70,749			68,566
Total deferred tax assets	443,711			356,030
Deferred tax liabilities:
Depreciation and plant related	(1,027,047		)	(914,926		)
Investment tax credit	(56,589		)	(36,790		)
Regulatory assets related to income taxes	(71,054		)	(67,910		)
CTC	(16,151		)	(19,352		)
Pension	(65,226		)	(66,498		)
Other	(85,037		)	(115,282		)
Total deferred tax liabilities	(1,321,104		)	(1,220,758		)
Net accumulated deferred income tax liabilities	$	(877,393	)	$	(864,728	)

The following table reconciles the change in PNMR’s net accumulated deferred income tax liability to the deferred income tax benefit included in the Consolidated Statement of Earnings:



	Year Ended
	December 31, 2015
	(In thousands)
Net change in deferred income tax liability per above table	$	12,665
Change in tax effects of income tax related regulatory assets and liabilities	(1,896		)
Tax effect of mark-to-market adjustments	6,844
Tax effect of excess pension liability	(607		)
Adjustment for uncertain income tax positions	(8,576		)
Reclassification of unrecognized tax benefits	8,576
Other	(555		)
Deferred income taxes	$	16,451

PNM

PNM’s income taxes (benefit) consist of the following components:



	Year Ended December 31,
	2015			2014			2013
	(In thousands)
Current federal income tax	$	(7,934	)	$	(2,175	)	$	(479	)
Current state income tax	(1,988		)	(979		)	(760		)
Deferred federal income tax	(6,827		)	45,890			42,806
Deferred state income tax	5,333			12,061			9,429
Amortization of accumulated investment tax credits	(1,342		)	(2,164		)	(2,192		)
Total income taxes (benefit)	$	(12,758	)	$	52,633		$	48,804

PNM’s provision for income taxes (benefit) differed from the federal income tax computed at the statutory rate for each of the years shown. The differences are attributable to the following factors:



	Year Ended December 31,
	2015			2014			2013
	(In thousands)
Federal income tax (benefit) at statutory rates	$	(4,579	)	$	53,930		$	53,018
Amortization of accumulated investment tax credits	(1,342		)	(2,164		)	(2,192		)
Flow-through of depreciation items	1,465			1,325			1,115
Earnings attributable to non-controlling interest in Valencia	(5,218		)	(4,945		)	(5,082		)
State income tax, net of federal benefit	(2,162		)	5,522			6,202
Impairment of state net operating loss carryforwards	3,619			2,145			—
Allowance for equity funds used during construction	(3,650		)	(1,947		)	(1,534		)
Reversal of deferred items related to BART at SJGS	1,826			—			—
Reversal of deferred income taxes accrued at prior tax rates	(737		)	(737		)	(737		)
Other	(1,980		)	(496		)	(1,986		)
Total income taxes (benefit)	$	(12,758	)	$	52,633		$	48,804
Effective tax rate	97.52		%	34.16		%	32.22		%

The components of PNM’s net accumulated deferred income tax liability were:



	December 31,
	2015			2014
	(In thousands)
Deferred tax assets:
Net operating loss	$	116,693		$	108,505
Regulatory liabilities related to income taxes	75,889			74,293
Federal tax credit carryforwards	57,928			35,259
Shutdown of SJGS Units 2 and 3	53,823			—
Other	41,210			35,681
Total deferred tax assets	345,543			253,738
Deferred tax liabilities:
Depreciation and plant related	(828,926		)	(733,519		)
Investment tax credit	(56,589		)	(36,790		)
Regulatory assets related to income taxes	(61,018		)	(57,637		)
Pension	(58,070		)	(58,474		)
Other	(37,324		)	(70,714		)
Total deferred tax liabilities	(1,041,927		)	(957,134		)
Net accumulated deferred income tax liabilities	$	(696,384	)	$	(703,396	)

The following table reconciles the change in PNM’s net accumulated deferred income tax liability to the deferred income tax benefit included in the Consolidated Statement of Earnings:



	Year Ended
	December 31, 2015
	(In thousands)

Net change in deferred income tax liability per above table	$	(7,012	)
Change in tax effects of income tax related regulatory assets and liabilities	(1,784		)
Tax effect of mark-to-market adjustments	6,872
Tax effect of excess pension liability	(607		)
Adjustment for uncertain income tax positions	(8,576		)
Reclassification of unrecognized tax benefits	8,576
Other	(305		)
Deferred income taxes	$	(2,836	)

TNMP

TNMP’s income taxes consist of the following components:



	Year Ended December 31,
	2015			2014			2013
	(In thousands)
Current federal income tax	$	1,603		$	35		$	(4,957	)
Current state income tax	1,639			1,939			1,916
Deferred federal income tax	20,904			20,577			20,688
Deferred state income tax	(21		)	(28		)	(26		)
Total income taxes	$	24,125		$	22,523		$	17,621

TNMP’s provision for income taxes differed from the federal income tax computed at the statutory rate for each of the periods shown. The differences are attributable to the following factors:



	Year Ended December 31,
	2015			2014			2013
	(In thousands)
Federal income tax at statutory rates	$	23,131		$	21,115		$	16,349
State income tax, net of federal benefit	1,065			1,257			1,247
Other	(71		)	151			25
Total income taxes	$	24,125		$	22,523		$	17,621
Effective tax rate	36.50		%	37.33		%	37.72		%

The components of TNMP’s net accumulated deferred income tax liability at December 31, were:



	December 31,
	2015			2014
	(In thousands)
Deferred tax assets:
Regulatory liabilities related to income taxes	$	4,141		$	4,565
Other	6,702			13,429
Total deferred tax assets	10,843			17,994
Deferred tax liabilities:
Depreciation and plant related	(189,322		)	(174,510		)
CTC	(16,151		)	(19,352		)
Regulatory assets related to income taxes	(10,036		)	(10,273		)
Loss on reacquired debt	(12,392		)	(12,846		)
Other	(15,733		)	(12,560		)
Total deferred tax liabilities	(243,634		)	(229,541		)
Net accumulated deferred income tax liabilities	$	(232,791	)	$	(211,547	)

The following table reconciles the change in TNMP’s net accumulated deferred income tax liability to the deferred income tax benefit included in the Consolidated Statement of Earnings:



	Year Ended
	December 31, 2015
	(In thousands)
Net change in deferred income tax liability per above table	$	21,244
Change in tax effects of income tax related regulatory assets and liabilities	(111		)
Other	(250		)
Deferred income taxes	$	20,883

Other Disclosures

GAAP requires that the Company recognize only the impact of tax positions that, based on their technical merits, are more likely than not to be sustained upon an audit by the taxing authority. A reconciliation of unrecognized tax benefits (expenses) is as follows:



	PNMR			PNM			TNMP
	(In thousands)
Balance at December 31, 2012	$	19,198		$	10,382		$	6,796
Additions based on tax positions related to 2013	(54		)	(54		)	—
Additions (reductions) for tax positions of prior years	745			745			—
Settlement payments	—			—			—
Balance at December 31, 2013	19,889			11,073			6,796
Additions based on tax positions related to 2014	623			623			—
Additions (reductions) for tax positions of prior years	(5,481		)	532			(6,796		)
Settlement payments	—			—			—
Balance at December 31, 2014	15,031			12,228			—
Additions based on tax positions related to 2015	1,214			1,214			—
Additions (reductions) for tax positions of prior years	(9,790		)	(9,790		)	—
Settlement payments	—			—			—
Balance at December 31, 2015	$	6,455		$	3,652		$	—

Included in the balance at December 31, 2015 are $5.9 million and $3.1 million of unrecognized tax benefits that, if recognized, would affect the effective tax rate for PNMR and PNM. The Company does not anticipate that any unrecognized tax expenses or unrecognized tax benefits will be reduced or settled in 2016.

Estimated interest income related to refunds the Company expects to receive is included in Other Income and estimated interest expense and penalties related to potential cash settlements are included in interest expense in the Consolidated Statements of Earnings (Loss). Interest income (expense) related to income taxes is as follows:



	PNMR		PNM		TNMP
	(In thousands)
2015	$	—	$	—	$	—
2014	$	146	$	148	$	(2	)
2013	$	242	$	251	$	(2	)

Accumulated accrued interest receivable (payable) related to income taxes is as follows:



	PNMR			PNM			TNMP
	(In thousands)
December 31, 2015:
Accumulated accrued interest receivable	$	3,236		$	3,236		$	—
Accumulated accrued interest payable	$	(1,120	)	$	(24	)	$	(120	)
December 31, 2014:
Accumulated accrued interest receivable	$	3,569		$	3,569		$	—
Accumulated accrued interest payable	$	(1,120	)	$	(24	)	$	(120	)

The Company files a federal consolidated and several consolidated and separate state income tax returns. The tax years prior to 2012 are closed to examination by either federal or state taxing authorities other than Arizona. The tax years prior to 2009 are closed to examination by Arizona taxing authorities. Other tax years are open to examination by federal and state taxing authorities. At December 31, 2015, the Company has $427.4 million of federal net operating loss carryforwards that expire beginning in 2030 and $77.4 million of federal tax credit carryforwards that expire beginning in 2023. State net operating losses expire beginning in 2016 and vary from federal due to differences between state and federal tax law.

In 2013, New Mexico House Bill 641 reduced the New Mexico corporate income tax rate from 7.6% to 5.9%. The rate reduction is being phased-in from 2014 to 2018. In accordance with GAAP, PNMR and PNM adjusted accumulated deferred income taxes to reflect the tax rate at which the balances are expected to reverse during the period that includes the date of enactment, which was in the year ended December 31, 2013. At that time, the portion of the adjustment related to PNM’s regulated activities was recorded as a reduction in deferred tax liabilities, which was offset by an increase in a regulatory liability, on the assumption that PNM will be required to return the benefit to customers over time. In addition, the portion of the adjustment that is not related to PNM’s regulated activities was recorded in PNMR’s Corporate and Other segment as a reduction in deferred tax assets and an increase in income tax expense. Changes in the estimated timing of reversals of deferred tax assets and liabilities will result in refinements of the impacts of this change in tax rates being recorded periodically until 2018, when the rate reduction is fully phased-in. Adjustments to deferred income taxes recorded as increases (decreases) in the regulatory liability and income tax expense are as follows:



	PNMR			PNM			TNMP
	(In thousands)
December 31, 2015:
Regulatory liability	$	(1,903	)	$	(1,903	)	$	—
Income tax expense	$	(674	)	$	(470	)	$	—
December 31, 2014:
Regulatory liability	$	(5,106	)	$	(5,106	)	$	—
Income tax expense	$	(71	)	$	(312	)	$	—
December 31, 2013:
Regulatory liability	$	23,896		$	23,896		$	—
Income tax expense	$	1,233		$	—		$	—

In 2008, fifty percent bonus tax depreciation was enacted as a temporary two-year stimulus measure as part of the Economic Stimulus Act of 2008. Bonus tax depreciation in various forms has been continuously extended since that time, most recently by the Protecting Americans from Tax Hikes Act of 2015. The 2015 act extends and phases-out bonus tax depreciation through 2019. As a result of the net operating loss carryforwards for income tax purposes created by bonus depreciation, and reduced future income taxes payable resulting from New Mexico House Bill 641, certain tax carryforwards are not expected to be utilized before their expiration. In accordance with GAAP, PNMR and PNM have impaired the tax carryforwards which were not expected to be utilized prior to their expiration. The impairments, net of federal tax benefit, for 2013 through 2015 are as follows:



	PNMR		PNM		TNMP
	(In thousands)
December 31, 2015:
State tax credit carryforwards	$	3,092	$	—	$	—
State net operating loss carryforwards	$	5,278	$	3,619	$	—
Charitable contribution carryforwards	$	2,042	$	—	$	—
December 31, 2014:
State tax credit carryforwards	$	894	$	—	$	—
State net operating loss carryforwards	$	3,129	$	2,145	$	—
December 31, 2013:
State tax credit carryforwards	$	3,880	$	—	$	—

The impairments of unexpired state tax credits, state net operating loss, and charitable contribution carryforwards are reflected as a valuation allowance against deferred tax assets. The reserve balances, after reflecting expiration of carryforwards under applicable tax laws, at December 31, 2015 and 2014 are as follows:



	PNMR		PNM		TNMP
	(In thousands)
December 31, 2015:
State tax credit carryforwards	$	6,378	$	—	$	—
State net operating loss carryforwards	$	361	$	248	$	—
Charitable contribution carryforwards	$	659	$	—	$	—
December 31, 2014:
State tax credit carryforwards	$	5,492	$	—	$	—
State net operating loss carryforwards	$	3,129	$	2,145	$	—

PNMR adopted the safe harbor method of accounting for repairs costs on electric generation property under IRS Revenue Procedure 2013-24 on its 2014 corporate income tax return. PNMR had previously adopted similar safe harbor accounting methods for repair costs on electric transmission and distribution property. Additionally, on its 2014 tax return PNMR adopted certain accounting methods required by the IRS tangible property regulations issued in September 2013. The effects of these changes were immaterial, given PNMR’s net operating loss carryforward position.

In May 2013, PNMR received a refund of federal income taxes paid in prior years, which primarily was due to bonus tax depreciation and changes in the Company’s method of accounting for repairs expense for income tax purposes. The total refund was $96.2 million of which $77.4 million was attributable to PNM.

In 2014, the Company settled the IRS examination of income tax years 2003 and 2005 through 2008. As a result of the settlement, the Company received net federal tax refunds of $2.0 million. The IRS examination resulted in the settlement of certain issues for which the Company had previously reflected liabilities related to uncertain tax positions. The settlement of the IRS examination, including the uncertain tax position matters, resulted in PNMR recording an income tax benefit of $0.2 million on a consolidated basis in the year ended December 31, 2014. PNM recorded an income tax expense of $1.1 million, TNMP reflected no impact, and an income tax benefit of $1.3 million was recorded in PNMR’s Corporate and Other segment.

On November 20, 2015, the FASB issued ASU 2015-17, Income Taxes (Topic 740) - Balance Sheet Classification of Deferred Taxes, which eliminated the requirement to classify deferred tax assets and liabilities as non-current or current. Under ASU 2015-17, all deferred taxes are treated as non-current. As of December 31, 2015, the Company adopted ASU 2015-17 and elected to apply it retrospectively for all periods presented because it simplifies reporting and makes all presented periods comparable. As a result, amounts previously reported as the current portion of accumulated deferred income taxes in Current Assets on the December 31, 2014 Consolidated Balance Sheets were reclassified to reduce accumulated deferred income taxes in Deferred Credits and Other Liabilities. The amounts reclassified were $26.4 million for PNMR, $12.4 million for PNM, and $6.4 million for TNMP.