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INCOME TAXES
12 Months Ended
Dec. 31, 2020
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES:
 
SJI files a consolidated federal income tax return and various state income tax returns, some of which are combined or unitary.

Total income taxes applicable to operations differ from the tax that would have resulted by applying the statutory Federal income tax rate to pre-tax income for SJI and SJG for the following reasons (in thousands): 
 202020192018
SJI (includes SJG and all other consolidated subsidiaries):   
Tax at Statutory Rate$37,791 $20,633 $3,877 
Increase (Decrease) Resulting from:   
   State Income Taxes7,896 7,813 622 
   State Valuation Allowance7,392 — — 
   ESOP Dividend(627)(697)(791)
   Tax Reform Adjustments— — (588)
   AFUDC(1,901)(1,546)(1,835)
   Amortization of Excess Deferred Taxes(6,174)(3,475)(893)
   Investment and Other Tax Credits(23,439)(953)(93)
   Other - Net1,726 (714)262 
Income Taxes:   
   Continuing Operations22,664 21,061 561 
   Discontinued Operations(66)(70)(62)
Total Income Tax Expense$22,598 $20,991 $499 
SJG:
Tax at Statutory Rate30,111 25,245 22,966 
Increase (Decrease) Resulting from:
State Income Taxes8,965 9,542 5,220 
ESOP Dividend(533)(592)(712)
AFUDC(821)(591)(1,126)
Amortization of Excess Deferred Taxes(3,154)— — 
Other - Net756 (782)65 
Total Income Tax Expense35,324 32,822 26,413 
The provision for Income Taxes is comprised of the following (in thousands):
    
SJI (includes SJG and all other consolidated subsidiaries):202020192018
Current:   
   Federal$— $— $(13,790)
   State823 (482)3,959 
      Total Current823 (482)(9,831)
Deferred:   
   Federal3,312 11,171 13,564 
   State18,529 10,372 (3,172)
      Total Deferred21,841 21,543 10,392 
Income Taxes:   
      Continuing Operations22,664 21,061 561 
      Discontinued Operations(66)(70)(62)
Total Income Tax Expense (Benefit)$22,598 $20,991 $499 
SJG:
Current:
Federal$— $— $(12,766)
State— — — 
Total Current— — (12,766)
Deferred:
Federal23,976 20,744 32,571 
State11,348 12,078 6,608 
Total Deferred35,324 32,822 39,179 
Total Income Tax Expense$35,324 $32,822 $26,413 

For the year ended December 31, 2020, the change in SJI Income tax expense in 2020 compared with 2019 increased primarily due to an increase in income before income taxes in 2020 compared with the prior year along with the valuation allowance discussed below. These were partially offset with the benefits from ITC recorded on the assets of recently acquired fuel cell and solar projects that commenced operations in 2020 (see Note 1 to the consolidated financial statements). For the years ended 2019 and 2018, changes in SJI tax expense correlated with changes in income before income taxes. For the years ended 2020, 2019 and 2018, changes in SJG tax expense correlated with changes in income before income taxes.
TAX REFORM - On December 22, 2017, Tax Reform was enacted into law, changing various corporate income tax provisions within the existing Internal Revenue Code. The law became effective January 1, 2018 but was required to be accounted for in the period of enactment, as such SJI adopted the new requirements in the fourth quarter of 2017. SJI and SJG were impacted in several ways as a result of Tax Reform, including provisions related to the permanent reduction in the U.S. federal corporate income tax rate from 35% to 21%, modification of bonus depreciation and changes to the deductibility of certain business related expenses. As of December 31, 2018, SJI and SJG consider the impacts of Tax Reform to be complete. While we still expect additional guidance from the U.S. Department of the Treasury and the IRS, we have finalized our calculations using available guidance. Any additional issued guidance or future actions of our regulators could potentially affect the final determination of the accounting effects rising from the implementation of Tax Reform.

On September 14, 2020, the IRS issued final and proposed regulations that allow all interest expense of a consolidated group to be deductible as long as a public utility comprises of at least 90% of the total consolidated business. Under the proposed regulations, SJI expects to meet the de mininis safe harbor rule in 2020, 2019 and 2018 and, therefore, the full amount of SJI's consolidated interest expense would be deductible in each of those years.

CARES ACT - Given the impact that COVID-19 has had on the economy, on March 27, 2020 the President signed into law the CARES Act, an economic stimulus package in response to the COVID-19 global pandemic, as a way to provide relief to both businesses and individuals affected by the virus. The CARES Act contains several corporate tax provisions that impacted SJI and SJG, including deferring payments on social security taxes for employees and other employee retention credits. These impacts of the CARES Act, and these provisions, did not have a material effect on income tax expense or deferred tax assets/liabilities.

DEFERRED TAX ASSETS AND LIABILITIES - The net tax effect of temporary differences between the carrying amounts of assets and liabilities for financial reporting and income tax purposes resulted in the following net deferred tax assets and liabilities for SJI and SJG at December 31 (in thousands):

SJI (includes SJG and all other consolidated subsidiaries):20202019
Deferred Tax Assets:
   Net Operating Loss Carryforward$141,252 $122,197 
   Investment and Other Tax Credits243,827 215,033 
   Conservation Incentive Program— 1,991 
   Deferred State Tax24,338 18,514 
   Income Taxes Recoverable Through Rates92,739 103,922 
   Pension & Other Post Retirement Benefits34,558 28,579 
   Deferred Revenues4,530 5,324 
   Deferred Regulatory Costs— 11,895 
   Provision for Uncollectibles8,763 4,749 
   Other17,691 16,705 
      Total Deferred Tax Asset567,698 528,909 
      Valuation Allowance(7,392)— 
          Total Deferred Tax Asset, net of Valuation Allowance$560,306 $528,909 
Deferred Tax Liabilities:  
   Book versus Tax Basis of Property$512,357 $479,765 
   Deferred Gas Costs - Net13,737 23,728 
   Derivatives / Unrealized Gain1,215 1,098 
   Environmental Remediation50,262 53,511 
   Deferred Regulatory Costs13,360 — 
   Budget Billing - Customer Accounts5,248 5,400 
   Deferred Pension & Other Post Retirement Benefits33,307 31,416 
   Conservation Incentive Program6,178 — 
   Equity In Loss Of Affiliated Companies16,019 1,801 
   Goodwill Amortization28,013 16,304 
   Other8,977 8,052 
      Total Deferred Tax Liability$688,673 $621,075 
          Deferred Tax Liability - Net$128,367 $92,166 
SJG:
Deferred Tax Assets:
  Net Operating Loss and Tax Credits$35,301 $55,250 
  Deferred State Tax22,918 20,352 
  Provision for Uncollectibles4,887 3,939 
  Conservation Incentive Program— 1,991 
  Income Taxes Recoverable Through Rates58,573 68,280 
  Pension & Other Post Retirement Benefits20,857 17,461 
  Deferred Revenues4,739 5,525 
Other2,813 2,486 
Total Deferred Tax Assets$150,088 $175,284 
Deferred Tax Liabilities:
  Book Versus Tax Basis of Property$435,764 $418,059 
  Deferred Fuel Costs - Net10,189 20,227 
  Environmental Remediation46,857 47,270 
  Deferred Regulatory Costs15,087 9,609 
  Deferred Pension & Other Post Retirement Benefits21,398 20,396 
  Budget Billing - Customer Accounts5,248 5,400 
  Section 461 Prepayments1,469 1,445 
  Conservation Incentive Program6,178 — 
Other11,507 10,515 
Total Deferred Tax Liabilities $553,697 $532,921 
Deferred Tax Liability - Net$403,609 $357,637 

SJG is included in the consolidated federal income tax return filed by SJI. The actual taxes, including credits, are allocated by SJI to its subsidiaries, generally on a separate return basis except for net operating loss and credit carryforwards. As of December 31, 2020 and 2019, there were no income taxes due to or from SJI.

NOL AND ITC CARRYFORWARD - As of December 31, 2020, SJI has the following federal and state net operating loss carryforwards (in thousands):
Net Operating Loss Carryforwards
Expire in:FederalState
     2031$— $9,653 
     203214,740 3,108 
     203357,363 18,557 
     2034106,899 12,779 
     203551,308 22,472 
     203672,199 147,081 
     203775,606 96,697 
     2038— 127,846 
     2039— 130,397 
     2040— 71,188 
     Indefinite70,973 — 
$449,088 $639,778 
As of December 31, 2020, SJI has the following investment tax credit carryforwards (in thousands):
Expire in:Investment Tax Credit Carryforward
     2030$11,628 
     203125,664 
     203232,031 
     203345,606 
     203437,699 
     203545,005 
     203611,744 
     2037636 
     203893 
     2039— 
     204023,858 
$233,964 

SJI and SJG also have federal research and development credits of $6.2 million and $3.0 million, respectively, which will expire between 2031 and 2039. SJI and SJG have state credits of $4.4 million and $2.5 million, respectively, that will expire between 2025 and 2040.

As of December 31, 2020 and 2019, SJG has total federal net operating loss carryforwards of $67.7 million and $156.8 million, respectively, that will expire between 2036 and 2037. As of December 31, 2020 and 2019, SJG has a state net operating loss carryforward of $212.8 million and $246.0 million, respectively, that will expire between 2036 and 2039.

A valuation allowance is recorded when it is more likely than not that any of SJI's or SJG's deferred tax assets will not be realized. As of December 31, 2020, SJI recorded a valuation allowance of $7.4 million related to certain state net operating loss and state credit carryforwards expected to expire prior to being fully utilized. SJG believes that they will generate sufficient future taxable income to realize the income tax benefits related to their net deferred tax assets.


A reconciliation of the beginning and ending amount of unrecognized tax benefits for the years ended December 31, is as follows (in thousands):

SJI (includes SJG and all other consolidated subsidiaries):202020192018
Balance at January 1,$1,566 $1,147 $1,445 
  Increase as a result of tax positions taken in prior years806 419 — 
  Decrease in prior year positions— — (298)
Balance at December 31,$2,372 $1,566 $1,147 
SJG:
Balance at January 1, $1,104 $1,063 $1,361 
Increase as a result of tax position taken in prior years25 41 — 
  Decrease in prior year positions— — (298)
Balance at December 31,$1,129 $1,104 $1,063 
 
The total unrecognized tax benefits reflected in the table above exclude $0.9 million, $0.8 million and $0.8 million of accrued interest and penalties for each of the years ended December 31, 2020, 2019 and 2018 for both SJI and SJG. The amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate is not significant.  The Company's policy is to record interest and penalties related to unrecognized tax benefits as interest expense and other expense, respectively. These amounts were not significant in 2020, 2019 or 2018. The majority of the increased tax position in 2020 and 2019 is attributable to research and development credits. The Company does not anticipate any significant changes in the total unrecognized tax benefits within the next 12 months.
The unrecognized tax benefits are primarily related to an uncertainty of state income tax issues relating to the Company's nexus in certain states and tax credits. The IRS has finalized its audits of the Company's consolidated federal income tax returns through 2013. Federal income tax returns from 2014 forward and state income tax returns from 2008 forward are open and subject to examination.