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Income Tax Expense
 9 Months Ended
Sep. 30, 2023
Income Tax Disclosure [Abstract]  
Income Tax Expense INCOME TAX EXPENSE
Quarter EndedNine Months Ended
September 30,September 30,
 2023202220232022
Millions    
Current Income Tax Expense (a)
    
Federal$4.0—$12.6—
State1.1$0.26.5$0.3
Total Current Income Tax Expense$5.1$0.2$19.1$0.3
Deferred Income Tax Expense (Benefit)    
Federal (b)
$5.2$(8.4)$(10.9)$(20.7)
State9.11.112.51.4
Investment Tax Credit Amortization(0.1)(0.1)(0.3)(0.4)
Total Deferred Income Tax Expense (Benefit)$14.2$(7.4)$1.3$(19.7)
Total Income Tax Expense (Benefit)$19.3$(7.2)$20.4$(19.4)
(a)For the quarter and nine months ended September 30, 2023, the federal current tax expense was partially offset by production tax credits. For the quarter and nine months ended September 30, 2022, the federal and state current tax expense was minimal due to NOLs which resulted from the bonus depreciation provisions of certain tax legislation.
(b)For the quarter ended September 30, 2023, the federal deferred tax expense was due to higher pre-tax income at ALLETE Clean Energy, partially offset by production tax credits. For the nine months ended September 30, 2023 and 2022, and the quarter ended September 30, 2022, the federal deferred income tax benefit is primarily due to production tax credits.
NOTE 8. INCOME TAX EXPENSE (Continued)

The Company's tax provision for interim periods is determined using an estimate of its annual effective tax rate, adjusted for discrete items arising in that quarter. In each quarter, the Company updates its estimate of the annual effective tax rate and if the estimated annual effective tax rate changes, the Company would make a cumulative adjustment in that quarter.

Quarter EndedNine Months Ended
Reconciliation of Taxes from Federal StatutorySeptember 30,September 30,
Rate to Total Income Tax Expense2023202220232022
Millions  
Income Before Income Taxes$88.9 $19.6 $168.3 $74.7 
Statutory Federal Income Tax Rate21 %21 %21 %21 %
Income Taxes Computed at Statutory Federal Rate$18.7 $4.1 $35.3 $15.7 
Increase (Decrease) in Income Tax Due to:
State Income Taxes – Net of Federal Income Tax Benefit8.0 1.1 15.0 6.6 
Deferred Revaluation – Net of Federal Income Tax Benefit— — — (5.2)
Production Tax Credits (a)
(7.7)(9.7)(28.3)(34.4)
Investment Tax Credits (a)
(1.6)(3.2)(5.2)(3.2)
Regulatory Differences – Excess Deferred Tax(2.3)(1.5)(7.5)(6.7)
Non-Controlling Interest in Subsidiaries3.0 1.4 8.9 8.4 
Other1.2 0.6 2.2 (0.6)
Total Income Tax Expense (Benefit)$19.3$(7.2)$20.4 $(19.4)
(a)For the quarter and nine months ended September 30, 2023, the credits are presented net of any estimated discount on the sale of certain credits.

For the nine months ended September 30, 2023, the effective tax rate was an expense of 12.1 percent (benefit of 26.0 percent for the nine months ended September 30, 2022). The effective tax rates for 2023 and 2022 were primarily impacted by production tax credits.

Uncertain Tax Positions. As of September 30, 2023, we had gross unrecognized tax benefits of $1.1 million ($1.3 million as of December 31, 2022). Of the total gross unrecognized tax benefits, $0.6 million represents the amount of unrecognized tax benefits included on the Consolidated Balance Sheet that, if recognized, would favorably impact the effective income tax rate. The unrecognized tax benefit amounts have been presented as an increase to the net deferred tax liability on the Consolidated Balance Sheet.

ALLETE and its subsidiaries file a consolidated federal income tax return as well as combined and separate state income tax returns in various jurisdictions. The examination by the state of Wisconsin for the tax years 2018 through 2020 has been closed with no findings. ALLETE has no open federal or state audits, and is no longer subject to federal examination for years before 2019, or state examination for years before 2018. Additionally, the statute of limitations related to the federal tax credit carryforwards will remain open until those credits are utilized in subsequent returns.