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Income Taxes | 12 Months Ended
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Dec. 31, 2022
Income Tax Disclosure [Abstract] |
Income Taxes | Income Taxes Federal Income Tax Reform In 2017, comprehensive changes in U.S. federal income taxes were enacted through legislation commonly known as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act made many significant modifications to the tax laws, including reducing the federal corporate income tax rate from 35% to 21% effective January 1, 2018. The Tax Act also eliminated federal bonus depreciation for utilities, limited interest deductibility for non-utility businesses and limited the deductibility of officer compensation. During 2020, the IRS issued final regulations related to certain officer compensation and, in January 2021, issued final regulations on interest deductibility that provide a 10% “de minimis” exception that allows entities with predominantly regulated activities to fully deduct interest expenses. In addition, in 2020, the IRS finalized regulations interpreting Tax Act amendments to depreciation provisions of the Internal Revenue Code (“IRC”) that allowed the Company to claim a bonus depreciation deduction on certain construction projects placed in service subsequent to the third quarter of 2017. As a result of the change in the federal income tax rate, the Company re-measured and adjusted its deferred tax assets and liabilities as of December 31, 2017. The portion of that adjustment not related to PNM’s and TNMP’s regulated activities was recorded as a reduction in net deferred tax assets and an increase in income tax expense. The portion related to PNM’s and TNMP’s regulated activities was recorded as a reduction in net deferred tax liabilities and an increase in regulatory liabilities. Beginning February 2018, PNM’s NM 2016 Rate Case reflected the reduction in the federal corporate income tax rate, including amortization of excess deferred federal and state income taxes. In accordance with the order in that case, PNM is returning the protected portion of excess deferred federal income taxes to customers over the average remaining life of plant in service as of December 31, 2017 and the unprotected portion of excess deferred federal income taxes to customers over a period of approximately twenty-three years. In the 2024 Rate Change, PNM has proposed returning the unamortized unprotected portion of excess deferred federal income taxes to customers over a five-year period, beginning when rates from the case go into effect. Excess deferred state income taxes were returned to customers over a three-year period, which concluded in the first quarter of 2021. The approved settlement in the TNMP 2018 Rate Case includes a reduction in customer rates to reflect the impacts of the Tax Act beginning on January 1, 2019. PNMR, PNM, and TNMP amortized federal and state excess deferred income taxes of $23.6 million, $14.4 million, and $9.2 million in 2022. PNMR PNMR’s income taxes consist of the following components:
| Year Ended December 31,
| 2022 |  | 2021 |  | 2020
| (In thousands)
Current federal income tax | $ | — |  |  | $ | — |  |  | $ | — |
Current state income tax | 1,597 |  |  | 1,835 |  |  | 231 |
Deferred federal income tax | 18,413 |  |  | 20,679 |  |  | 17,574 |
Deferred state income tax | 7,302 |  |  | 11,315 |  |  | 3,721 |
Amortization of accumulated investment tax credits | (1,182) |  |  | (1,247) |  |  | (890) |
Total income taxes | $ | 26,130 |  |  | $ | 32,582 |  |  | $ | 20,636 |
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,
| 2022 |  | 2021 |  | 2020
| (In thousands)
Federal income tax at statutory rates | $ | 44,375 |  |  | $ | 51,330 |  |  | $ | 43,670 |
Amortization of accumulated investment tax credits | (1,182) |  |  | (1,247) |  |  | (890) |
Amortization of excess deferred income tax | (23,599) |  |  | (24,484) |  |  | (30,723) |
Flow-through of depreciation items | 2,795 |  |  | 798 |  |  | 1,368 |
(Earnings) attributable to non-controlling interest in Valencia | (3,176) |  |  | (3,253) |  |  | (2,943) |
State income tax, net of federal (benefit) | 6,826 |  |  | 9,660 |  |  | 6,961 |
Allowance for equity funds used during construction | (2,898) |  |  | (2,776) |  |  | (2,363) |
Regulatory recovery of prior year impairments of state net operating loss carryforward, including amortization | — |  |  | — |  |  | 1,367 |
Allocation of tax (benefit) related to stock compensation awards | 91 |  |  | (788) |  |  | (392) |
Non-deductible compensation | 1,125 |  |  | 899 |  |  | 2,630 |
Transaction costs | 74 |  |  | 848 |  |  | — |
Other | 1,699 |  |  | 1,595 |  |  | 1,951 |
Total income taxes | $ | 26,130 |  |  | $ | 32,582 |  |  | $ | 20,636 |
Effective tax rate | 12.37 | % |  | 13.33 | % |  | 9.92 | %
The components of PNMR’s net accumulated deferred income tax liability were:
| December 31,
| 2022 |  | 2021
| (In thousands)
Deferred tax assets: |  |  |
Net operating loss | $ | 85,382 |  |  | $ | 32,441 |
Regulatory liabilities related to income taxes | 98,371 |  |  | 120,651 |
Federal tax credit carryforwards | 122,557 |  |  | 122,436 |
Regulatory disallowances | 28,037 |  |  | 38,835 |
Other | 33,849 |  |  | 34,812 |
Total deferred tax assets | 368,196 |  |  | 349,175 |
Deferred tax liabilities: |  |  |
Depreciation and plant related | (801,022) |  |  | (787,295) |
Investment tax credit | (96,227) |  |  | (97,409) |
Regulatory assets related to income taxes | (77,013) |  |  | (78,211) |
Pension | (40,651) |  |  | (40,828) |
Regulatory asset for shutdown of SJGS Units 2 and 3 | (24,048) |  |  | (25,643) |
Regulatory asset SJGS investment | (69,828) |  |  | — |
Other | (82,238) |  |  | (84,639) |
Total deferred tax liabilities | (1,191,027) |  |  | (1,114,025) |
Net accumulated deferred income tax liabilities | $ | (822,831) |  |  | $ | (764,850) |
The following table reconciles the change in PNMR’s net accumulated deferred income tax liability to the deferred income tax included in the Consolidated Statement of Earnings:
| Year Ended
| December 31, 2022
| (In thousands)
Net change in deferred income tax liability per above table | $ | 57,981 |
Change in tax effects of income tax related regulatory assets and liabilities | (7,546) |
Amortization of excess deferred income tax | (23,599) |
Tax effect of mark-to-market adjustments | (1,359) |
Tax effect of excess pension liability | (645) |
Adjustment for uncertain income tax positions | 1,439 |
Reclassification of unrecognized tax benefits | (1,439) |
Other | (299) |
Deferred income tax | $ | 24,533 |
PNM PNM’s income taxes (benefit) consist of the following components:
| Year Ended December 31,
| 2022 |  | 2021 |  | 2020
| (In thousands)
Current federal income tax (benefit) | $ | (13,533) |  |  | $ | — |  |  | $ | — |
Current state income tax (benefit) | 3,244 |  |  | (128) |  |  | (585) |
Deferred federal income tax | 25,298 |  |  | 18,774 |  |  | 20,125 |
Deferred state income tax | 4,361 |  |  | 8,583 |  |  | 2,560 |
Amortization of accumulated investment tax credits | (172) |  |  | (237) |  |  | (243) |
Total income taxes | $ | 19,198 |  |  | $ | 26,992 |  |  | $ | 21,857 |
PNM’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,
| 2022 |  | 2021 |  | 2020
| (In thousands)
Federal income tax at statutory rates | $ | 29,026 |  |  | $ | 41,696 |  |  | $ | 38,193 |
Amortization of accumulated investment tax credits | (172) |  |  | (237) |  |  | (243) |
Amortization of excess deferred income tax | (14,421) |  |  | (15,158) |  |  | (21,609) |
Flow-through of depreciation items | 2,641 |  |  | 689 |  |  | 1,279 |
(Earnings) attributable to non-controlling interest in Valencia | (3,176) |  |  | (3,253) |  |  | (2,943) |
State income tax, net of federal (benefit) | 5,694 |  |  | 7,609 |  |  | 7,111 |
Allowance for equity funds used during construction | (1,958) |  |  | (2,080) |  |  | (1,461) |
Regulatory recovery of prior year impairment of state net operating loss carryforward, net of amortization | — |  |  | — |  |  | 1,367 |
Allocation of tax (benefit) related to stock compensation awards | 65 |  |  | (563) |  |  | (279) |
Non-deductible compensation | 701 |  |  | 547 |  |  | 1,554 |
Transaction costs | 10 |  |  | 22 |  |  | — |
Other | 788 |  |  | (2,280) |  |  | (1,112) |
Total income taxes | $ | 19,198 |  |  | $ | 26,992 |  |  | $ | 21,857 |
Effective tax rate | 13.89 | % |  | 13.59 | % |  | 12.02 | %
The components of PNM’s net accumulated deferred income tax liability were:
| December 31,
| 2022 |  | 2021
| (In thousands)
Deferred tax assets: |  |  |
Net operating loss | $ | 54,681 |  |  | $ | 1,854 |
Regulatory liabilities related to income taxes | 76,744 |  |  | 96,161 |
Federal tax credit carryforwards | 84,902 |  |  | 86,811 |
Regulatory disallowance | 28,037 |  |  | 38,835 |
Other | 33,079 |  |  | 36,599 |
Total deferred tax assets | 277,443 |  |  | 260,260 |
Deferred tax liabilities: |  |  |
Depreciation and plant related | (620,814) |  |  | (616,567) |
Investment tax credit | (74,015) |  |  | (74,187) |
Regulatory assets related to income taxes | (67,912) |  |  | (68,687) |
Pension | (36,048) |  |  | (36,283) |
Regulatory asset for shutdown of SJGS Units 2 and 3 | (24,048) |  |  | (25,643) |
Regulatory asset SJGS investment | (69,828) |  |  | — |
Other | (66,818) |  |  | (69,575) |
Total deferred tax liabilities | (959,483) |  |  | (890,942) |
Net accumulated deferred income tax liabilities | $ | (682,040) |  |  | $ | (630,682) |
The following table reconciles the change in PNM’s net accumulated deferred income tax liability to the deferred income tax included in the Consolidated Statement of Earnings:
| Year Ended
| December 31, 2022
| (In thousands)
Net change in deferred income tax liability per above table | $ | 51,358 |
Change in tax effects of income tax related regulatory assets and liabilities | (4,995) |
Amortization of excess deferred income tax | (14,421) |
Tax effect of mark-to-market adjustments | 1,462 |
Tax effect of excess pension liability | (646) |
Adjustment for uncertain income tax positions | 1,430 |
Reclassification of unrecognized tax benefits | (4,701) |
Deferred income tax | $ | 29,487 |
TNMP TNMP’s income taxes consist of the following components:
| Year Ended December 31,
| 2022 |  | 2021 |  | 2020
| (In thousands)
Current federal income tax | $ | 17,055 |  |  | $ | 5,770 |  |  | $ | 12,048 |
Current state income tax | 2,662 |  |  | 2,395 |  |  | 2,033 |
Deferred federal income tax (benefit) | (4,527) |  |  | (224) |  |  | (7,744) |
Deferred state income tax (benefit) | (29) |  |  | (29) |  |  | (29) |
Total income taxes | $ | 15,161 |  |  | $ | 7,912 |  |  | $ | 6,308 |
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,
| 2022 |  | 2021 |  | 2020
| (In thousands)
Federal income tax at statutory rates | $ | 22,560 |  |  | $ | 15,076 |  |  | $ | 13,628 |
Amortization of excess deferred income tax | (9,177) |  |  | (9,326) |  |  | (9,113) |
State income tax, net of federal (benefit) | 2,103 |  |  | 1,763 |  |  | 1,625 |
Allocation of tax (benefit) related to stock compensation awards | 26 |  |  | (224) |  |  | (112) |
Non-deductible compensation | 422 |  |  | 351 |  |  | 1,071 |
Transaction costs | 1 |  |  | (4) |  |  | — |
Other | (774) |  |  | 276 |  |  | (791) |
Total income taxes | $ | 15,161 |  |  | $ | 7,912 |  |  | $ | 6,308 |
Effective tax rate | 14.11 | % |  | 11.02 | % |  | 9.71 | %
The components of TNMP’s net accumulated deferred income tax liability were:
| December 31,
| 2022 |  | 2021
| (In thousands)
Deferred tax assets: |  |  |
Regulatory liabilities related to income taxes | $ | 21,627 |  |  | $ | 24,490 |
Other | 5,353 |  |  | 3,648 |
Total deferred tax assets | 26,980 |  |  | 28,138 |
Deferred tax liabilities: |  |  |
Depreciation and plant related | (166,230) |  |  | (157,649) |
Regulatory assets related to income taxes | (9,213) |  |  | (9,525) |
Loss on reacquired debt | (5,527) |  |  | (5,799) |
Pension | (4,603) |  |  | (4,545) |
AMS | (3,989) |  |  | (5,249) |
Other | (2,055) |  |  | (2,619) |
Total deferred tax liabilities | (191,617) |  |  | (185,386) |
Net accumulated deferred income tax liabilities | $ | (164,637) |  |  | $ | (157,248) |
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, 2022
| (In thousands)
Net change in deferred income tax liability per above table | $ | 7,389 |
Change in tax effects of income tax related regulatory assets and liabilities | (2,552) |
Amortization of excess deferred income tax | (9,177) |
Other | (216) |
Deferred income tax (benefits) | $ | (4,556) |
Other Disclosures The Company is required to 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 is as follows:
| PNMR |  | PNM |  | TNMP
| (In thousands)
Balance at December 31, 2019 | $ | 10,693 |  |  | $ | 7,776 |  |  | $ | 114 |
Additions based on tax positions related to 2020 | 2,286 |  |  | 2,286 |  |  | — |
Additions for tax positions of prior years | 173 |  |  | 168 |  |  | 5 |
Settlement payments | — |  |  | — |  |  | — |
Balance at December 31, 2020 | 13,152 |  |  | 10,230 |  |  | 119 |
Additions based on tax positions related to 2021 | 305 |  |  | 295 |  |  | 11 |
Additions for tax positions of prior years | 257 |  |  | 246 |  |  | 11 |
Settlement payments | — |  |  | — |  |  | — |
Balance at December 31, 2021 | 13,714 |  |  | 10,771 |  |  | 141 |
Additions based on tax positions related to 2022 | 1,444 |  |  | 1,437 |  |  | 7 |
Additions (reductions) for tax positions of prior years | (4) |  |  | (7) |  |  | 3 |
Settlement payments | — |  |  | — |  |  | — |
Balance at December 31, 2022 | $ | 15,154 |  |  | $ | 12,201 |  |  | $ | 151 |
Included in the balance of unrecognized tax benefits at December 31, 2022 are $13.6 million, $10.6 million, and $0.2 million that, if recognized, would affect the effective tax rate for PNMR, PNM, and TNMP. The Company does not anticipate that any unrecognized tax expenses or unrecognized tax benefits will be reduced or settled in 2023. PNMR, PNM, and TNMP had no estimated interest income or expense related to income taxes for the years ended December 31, 2022, 2021, and 2020. There was no accumulated accrued interest receivable or payable related to income taxes as of December 31, 2022 and 2021. The Company files a federal consolidated and several consolidated and separate state income tax returns. The tax years prior to 2019 are closed to examination by either federal or state taxing authorities other than Arizona. The tax years prior to 2018 are closed to examination by Arizona taxing authorities. Other tax years are open to examination by federal and state taxing authorities and net operating loss carryforwards are open to examination for the years in which the carryforwards are utilized. At December 31, 2022, the Company has $382.0 million of federal net operating loss carryforwards that expire beginning in 2034 and $123.8 million of federal tax credit carryforwards that expire beginning in 2023. State net operating losses expire beginning in 2035 and vary from federal due to differences between state and federal tax law. The proposed Merger may impact the Company’s ability to utilize its federal net operating loss and tax credit carryforwards. 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 extended since that time, including by the Protecting Americans from Tax Hikes Act of 2015. The 2015 act extended and phased-out bonus tax depreciation through 2019. As discussed above, the Tax Act eliminated bonus depreciation for utilities effective September 28, 2017. However, in 2020 the IRS issued regulations interpreting Tax Act amendments to depreciation provisions of the IRC which allowed the Company to claim a bonus depreciation deduction on certain construction projects placed in service after the third quarter of 2017. As a result of the net operating loss carryforwards for income tax purposes created by bonus depreciation, certain tax carryforwards were not expected to be utilized before their expiration. In addition, as a result of Tax Act changes to the deductibility of officer compensation, certain deferred tax benefits related to compensation are not expected to be realized. The Company has impaired the deferred tax assets for tax carryforwards which are not expected to be utilized and for compensation that is not expected to be deductible. The Company earns investment tax credits for construction or purchase of eligible property. The Company uses the deferral method of accounting for these investment tax credits. Impairments of tax attributes after reflecting the expiration of carryforwards under applicable tax laws, net of federal tax benefit, for 2020 through 2022 are as follows:
| PNMR |  | PNM |  | TNMP
| (In thousands)
December 31, 2022: |  |  |  |  |
Federal tax credit carryforwards | $ | 187 |  |  | $ | 427 |  |  | $ | — |
Compensation expense | $ | 199 |  |  | $ | 140 |  |  | $ | 59 |
December 31, 2021: |  |  |  |  |
Federal tax credit carryforwards | $ | 1,029 |  |  | $ | — |  |  | $ | — |
Compensation expense | $ | 119 |  |  | $ | 84 |  |  | $ | 35 |
December 31, 2020: |  |  |  |  |
State tax credit carryforwards | $ | (425) |  |  | $ | — |  |  | $ | — |
Compensation expense | $ | 96 |  |  | $ | 61 |  |  | $ | 35 |
The tax effect of compensation that is not expected to be deductible and impairments of unexpired tax credits 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, 2022 and 2021 are as follows:
| PNMR |  | PNM |  | TNMP
| (In thousands)
December 31, 2022: |  |  |  |  |
Federal tax credit carryforwards | $ | 1,216 |  |  | $ | 427 |  |  | $ | — |
Compensation expense | $ | 725 |  |  | $ | 483 |  |  | $ | 241 |
December 31, 2021: |  |  |  |  |
Federal tax credit carryforwards | $ | 1,029 |  |  | $ | — |  |  | $ | — |
Compensation expense | $ | 526 |  |  | $ | 343 |  |  | $ | 182 |

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- Definition The entire disclosure for income taxes. Disclosures may include net deferred tax liability or asset recognized in an enterprise's statement of financial position, net change during the year in the total valuation allowance, approximate tax effect of each type of temporary difference and carryforward that gives rise to a significant portion of deferred tax liabilities and deferred tax assets, utilization of a tax carryback, and tax uncertainties information. + References Reference 1: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 21 -URI https://asc.fasb.org/extlink&oid=121826272&loc=d3e32857-109319 Reference 2: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section S99 -Paragraph 2 -Subparagraph (SAB Topic 11.C) -URI https://asc.fasb.org/extlink&oid=122134291&loc=d3e330215-122817 Reference 3: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 17 -Subparagraph (b) -URI https://asc.fasb.org/extlink&oid=121826272&loc=d3e32809-109319 Reference 4: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section S99 -Paragraph 1 -Subparagraph (SAB TOPIC 6.I.5.Q1) -URI https://asc.fasb.org/extlink&oid=122134291&loc=d3e330036-122817 Reference 5: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 10 -Section 50 -Paragraph 14 -URI https://asc.fasb.org/extlink&oid=121826272&loc=d3e32705-109319 Reference 6: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 270 -Section 50 -Paragraph 1 -URI https://asc.fasb.org/extlink&oid=6424409&loc=d3e44925-109338 Reference 7: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -URI https://asc.fasb.org/topic&trid=2144680 Reference 8: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 740 -SubTopic 30 -Section 50 -Paragraph 2 -Subparagraph (a) -URI https://asc.fasb.org/extlink&oid=6424122&loc=d3e41874-109331 Reference 9: http://www.xbrl.org/2003/role/disclosureRef -Publisher FASB -Name Accounting Standards Codification -Topic 235 -SubTopic 10 -Section S99 -Paragraph 1 -Subparagraph (SX 210.4-08(h)(2)) -URI https://asc.fasb.org/extlink&oid=120395691&loc=d3e23780-122690 + Details
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