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Income Taxes (Tables)
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
Schedule of Components of Income Tax Expense (Benefit)

Income tax expense (benefit) from continuing operations for the years ended December 31 was (in thousands):

 

 

 

2022

 

 

2021

 

 

2020

 

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

(467

)

 

$

574

 

 

$

(6,020

)

State

 

 

80

 

 

 

(666

)

 

 

847

 

Current income tax (benefit)

 

 

(387

)

 

 

(92

)

 

 

(5,173

)

Deferred:

 

 

 

 

 

 

 

 

 

Federal

 

 

23,205

 

 

 

2,170

 

 

 

35,672

 

State

 

 

2,387

 

 

 

5,091

 

 

 

2,419

 

Deferred income tax expense

 

 

25,592

 

 

 

7,261

 

 

 

38,091

 

 

 

 

 

 

 

 

 

 

 

Income tax expense

 

$

25,205

 

 

$

7,169

 

 

$

32,918

 

 

Schedule of Effective Income Tax Rate Reconciliation

Effective Tax Rates

The effective tax rate differs from the federal statutory rate for the years ended December 31, as follows:

 

 

 

2022

 

 

2021

 

 

2020

 

Federal statutory rate

 

 

21.0

%

 

 

21.0

%

 

 

21.0

%

State income tax (net of federal tax effect) (a)

 

 

0.5

 

 

 

1.2

 

 

 

2.4

 

Non-controlling interest (b)

 

 

(0.9

)

 

 

(1.2

)

 

 

(1.2

)

Tax credits

 

 

(7.7

)

 

 

(8.4

)

 

 

(9.2

)

Flow-through adjustments (c)

 

 

(1.4

)

 

 

(3.2

)

 

 

(1.6

)

Uncertain Tax Benefits

 

 

 

 

 

0.3

 

 

 

1.5

 

Valuation Allowance

 

 

 

 

 

 

 

 

0.7

 

Other tax differences

 

 

(0.1

)

 

 

(0.2

)

 

 

0.6

 

Amortization of excess deferred income tax expense (d)

 

 

(2.5

)

 

 

(3.1

)

 

 

(2.3

)

TCJA bill credits (e)

 

 

(0.4

)

 

 

(3.6

)

 

 

 

Effective Tax Rate

 

 

8.5

%

 

 

2.8

%

 

 

11.9

%

 

(a)
The state effective tax rate contains the tax expense attributable to multiple statutory state rate reductions in the Company's state jurisdictions.
(b)
The effective tax rate reflects the income attributable to the non-controlling interest in Black Hills Colorado IPP for which a tax provision was not recorded.
(c)
Flow-through adjustments related primarily to accounting method changes for tax purposes that allow us to take a current tax deduction for repair costs, certain indirect costs and gain deferral. We recorded a deferred income tax liability in recognition of the temporary difference created between book and tax treatment and flowed the tax benefit through to tax expense. A regulatory asset was established to reflect the recovery of future increases in taxes payable from customers as the temporary differences reverse. As a result of this regulatory treatment, we continue to record tax benefits consistent with the flow-through method.
(d)
Primarily TCJA - see above.
(e)
Primarily related to one-time bill credits of TCJA benefits which were delivered to Colorado Electric and Nebraska Gas customers in 2021. These bill credits, which resulted in a reduction in revenue, were offset by a reduction in income tax expense and resulted in a minimal impact to Net income for the year ended December 31, 2021.
Schedule of Deferred Tax Assets and Liabilities

The temporary differences, which gave rise to the net deferred tax liability, for the years ended December 31 were as follows (in thousands):

 

 

 

2022

 

 

2021

 

Deferred tax assets:

 

 

 

 

 

 

Regulatory liabilities

 

$

74,728

 

 

$

77,099

 

State tax credits

 

 

22,817

 

 

 

23,342

 

Federal NOL

 

 

191,992

 

 

 

227,535

 

State NOL

 

 

23,031

 

 

 

33,639

 

Partnership

 

 

12,755

 

 

 

13,395

 

Credit Carryovers

 

 

90,881

 

 

 

68,646

 

Other deferred tax assets

 

 

45,407

 

 

 

31,996

 

Less: Valuation allowance

 

 

(15,476

)

 

 

(14,719

)

Total deferred tax assets

 

 

446,135

 

 

 

460,933

 

 

 

 

 

 

 

 

Deferred tax liabilities:

 

 

 

 

 

 

Accelerated depreciation, amortization and other property-related differences

 

 

(645,762

)

 

 

(597,284

)

Regulatory assets

 

 

(94,433

)

 

 

(124,582

)

Goodwill

 

 

(57,884

)

 

 

(45,471

)

State deferred tax liability

 

 

(98,200

)

 

 

(109,136

)

Other deferred tax liabilities

 

 

(58,797

)

 

 

(49,848

)

Total deferred tax liabilities

 

 

(955,076

)

 

 

(926,321

)

 

 

 

 

 

 

 

Net deferred tax liability

 

$

(508,941

)

 

$

(465,388

)

 

Summary of Operating Loss and Tax Credit Carryforwards

At December 31, 2022, we have federal NOL and state NOL and tax credit carryforwards that will expire at various dates as follows (in thousands):

 

 

 

Amounts

 

 

Expiration Dates

Federal NOL Carryforward

 

$

330,085

 

 

2023 to 2037

Federal NOL Carryforward

 

$

584,161

 

 

No expiration

 

 

 

 

 

 

State NOL Carryforward (a)

 

$

408,269

 

 

2023 to 2041

State Tax Credit Carryforward

 

$

22,817

 

 

2023 to 2041

 

(a)
The carryforward balance is reflected on the basis of apportioned tax losses to jurisdictions imposing state income taxes.
Summary of Income Tax Contingencies

The following table reconciles the total amounts of unrecognized tax benefits, without interest, at the beginning and end of the period included in Other deferred credits and other liabilities on the accompanying Consolidated Balance Sheets (in thousands):

 

Changes in Uncertain Tax Positions:

 

2022

 

 

2021

 

 

2020

 

Beginning balance

 

$

10,554

 

 

$

8,383

 

 

$

4,165

 

Additions for prior year tax positions

 

 

7

 

 

 

448

 

 

 

3,788

 

Reductions for prior year tax positions

 

 

(773

)

 

 

(732

)

 

 

(1,313

)

Additions for current year tax positions

 

 

2,097

 

 

 

2,455

 

 

 

1,743

 

Ending balance

 

$

11,885

 

 

$

10,554

 

 

$

8,383