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INCOME TAXES (Notes)
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
INCOME TAXES
INCOME TAXES

The following table sets forth our provision for income taxes from continuing operations and excludes discontinued operations for the periods indicated:
 
 
Years Ended December 31,
 
 
2018
 
2017
 
2016
 
 
(Thousands of dollars)
Current income tax provision
 
 
 
 
 
 
Federal
 
$
260

 
$
295

 
$
6,086

State
 
1,633

 
1,670

 
2,449

Total current income taxes
 
1,893

 
1,965

 
8,535

Deferred income tax provision
 
 
 
 

 
 

Federal
 
319,551

 
376,728


193,974

State
 
41,459

 
68,589

 
9,897

Total deferred income taxes
 
361,010

 
445,317

 
203,871

Total provision for income taxes
 
$
362,903

 
$
447,282

 
$
212,406



The following table is a reconciliation of our income tax provision from continuing operations and excludes discontinued operations for the periods indicated:
 
 
Years Ended December 31,
 
 
2018
 
2017
 
2016
 
 
(Thousands of dollars)
Income before income taxes
 
$
1,517,935

 
$
1,040,801

 
$
957,956

Less: Net income attributable to noncontrolling interests
 
3,329

 
205,678

 
391,460

Net income attributable to ONEOK before income taxes
 
1,514,606

 
835,123

 
566,496

Federal statutory income tax rate
 
21.0
%
 
35.0
%
 
35.0
%
Provision for federal income taxes
 
318,067

 
292,293

 
198,274

State income taxes, net of federal benefit
 
38,668

 
16,197

 
12,303

Deferred tax rate change, inclusive of valuation allowance
 
5,552

 
141,283

 
43

Other, net
 
616

 
(2,491
)
 
1,786

Income tax provision
 
$
362,903

 
$
447,282

 
$
212,406



The following table sets forth the tax effects of temporary differences that gave rise to significant portions of the deferred tax assets and liabilities for the periods indicated:
 
 
December 31,
2018
 
December 31,
2017
Deferred tax assets
 
(Thousands of dollars)
Employee benefits and other accrued liabilities
 
$
91,587

 
$
85,355

Federal net operating loss
 
420,318

 
159,162

State net operating loss and benefits
 
108,004

 
73,277

Derivative instruments
 
22,108

 
30,060

Other
 
13,378

 
13,546

Total deferred tax assets
 
655,395

 
361,400

Valuation allowance for state net operating loss and tax credits
 
 
 
 
Carryforward expected to expire prior to utilization
 
(73,820
)
 
(66,632
)
Net deferred tax assets
 
581,575

 
294,768

Deferred tax liabilities
 
 
 
 
Excess of tax over book depreciation
 
73,113

 
64,508

Investment in partnerships (a)
 
728,193

 
77,035

Regulatory assets
 

 
15

Total deferred tax liabilities
 
801,306

 
141,558

Net deferred tax assets (liabilities)
 
$
(219,731
)
 
$
153,210

(a) Due primarily to excess of tax over book depreciation.

In December 2017, the Tax Cuts and Jobs Act was signed into law. The Tax Cuts and Jobs Act made extensive changes to the U.S. tax laws and included provisions that, beginning in 2018, reduced the U.S. corporate tax rate to 21 percent from 35 percent, increased expensing for capital investment, limited the interest deduction, and limited the use of net operating losses to offset future taxable income. We revalued our deferred tax assets and liabilities as required at enactment. At that time, our net deferred tax assets represented expected corporate tax benefits in the future. The reduction in the federal corporate tax rate reduced these benefits, which resulted in a one-time noncash charge to net income through income tax expense of $141.3 million, inclusive of the valuation allowance described below, recorded in the fourth quarter 2017.

Tax benefits related to certain state net operating loss, tax credit carryforwards and charitable contribution carryforwards will begin expiring in 2020. Due to the Tax Cuts and Jobs Act and the impact of increased expensing for capital investment, we believe that it is more likely than not that the tax benefits of certain carryforwards will not be utilized prior to their expirations; therefore, we recorded a valuation allowance of $5.6 million and $54.1 million related to these tax benefits in 2018 and 2017, respectively.

As a result of adopting ASU 2016-09, “Improvements to Employee Share-Based Payment Accounting,” in first quarter 2017, we recorded an adjustment increasing beginning retained earnings and deferred tax assets of $73.4 million to recognize the cumulative tax benefits included in net operating loss carryforwards on the tax return but not reflected in deferred tax assets as of December 31, 2016. Beginning in January 2017, all share-based payment tax effects have been recorded in earnings.