In response to the economic impacts of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law on March 27, 2020. The CARES Act provides relief to corporate taxpayers by permitting a five-year carryback of net operating losses (NOLs) for tax years 2018, 2019 and 2020, temporarily removing the 80 percent limitation when applying the NOLs to carryback years, increasing the 30 percent limitation on interest deductibility to 50 percent of adjusted taxable income for tax years 2019 and 2020, and provides for certain employee retention tax credits and refunds for eligible employers.

Under the CARES Act, Con Edison will carryback its NOL of $29 million from tax year 2018 to tax year 2013 generating a $2.5 million net tax refund for which a tax receivable was established in the first quarter of 2020. In addition, Con Edison recognized a discrete income tax benefit of $4 million in the first quarter of 2020, due to the higher federal statutory tax rate in 2013. The 2018 federal NOL was recorded at 21 percent and will be carried back to tax year 2013, which had a 35 percent federal statutory tax rate. This tax benefit was primarily recognized at the Clean Energy Businesses.

Con Edison’s income tax expense increased to $119 million for the three months ended September 30, 2020 from $116 million for the three months ended September 30, 2019. The increase is primarily due to the absence of the amortization of excess deferred state income taxes in 2020, adjustments for prior period federal income tax returns primarily due to higher research and development credits at the Clean Energy Businesses in 2019, higher taxes attributable to non-controlling interest and lower tax benefits in 2020 for plant-related flow through items, offset in part by an increase in the amortization of excess deferred federal income taxes pursuant to CECONY's electric and gas rate plans that went into effect in January 2020 and lower increases in 2020 to the reserve for uncertain tax positions.

CECONY’s income tax expense decreased to $97 million for the three months ended September 30, 2020 from $119 million for the three months ended September 30, 2019. The decrease in income tax expense is primarily due to lower income before income tax expense and an increase in the amortization of excess deferred federal income taxes pursuant to CECONY's electric and gas rate plans that went into effect in January 2020, offset in part by the absence of the amortization of excess deferred state income taxes and lower tax benefits in 2020 for plant-related flow through items.

Reconciliation of the difference between income tax expense and the amount computed by applying the prevailing statutory income tax rate to income before income taxes for the three months ended September 30, 2020 and 2019 is as follows:


	Con Edison				CECONY
(% of Pre-tax income)	2020		2019		2020		2019
STATUTORY TAX RATE
Federal	21	%	21	%	21	%	21	%
Changes in computed taxes resulting from:
State income tax	6		5		5		6
Amortization of excess deferred federal income taxes	(7)		(3)		(8)		(3)
Taxes attributable to non-controlling interest	(1)		(1)		—		—
Cost of removal	1		1		2		—
Other plant-related items	(1)		(1)		(1)		—
Renewable energy credits	(1)		(1)		—		—
Amortization of excess deferred state income taxes	—		(1)		—		(1)
Reserve for uncertain tax positions	—		1		—		—
Prior period federal income tax return adjustments	—		(2)		—		—
Other	1		—		—		(1)
Effective tax rate	19	%	19	%	19	%	22	%

Con Edison’s income tax expense decreased to $183 million for the nine months ended September 30, 2020 from $243 million for the nine months ended September 30, 2019. The decrease is primarily due to lower income before income tax expense, an increase in the amortization of excess deferred federal income taxes pursuant CECONY's

electric and gas rate plans that went into effect in January 2020, lower state income taxes, lower increases in 2020 to the reserve for uncertain tax positions, and a $4 million income tax benefit from the carryback of a NOL from the 2018 tax year to the 2013 tax year as allowed under the CARES Act, offset in part by the absence of the amortization of excess deferred state income taxes in 2020, adjustments for prior period federal income tax returns primarily due to higher research and development credits at the Clean Energy Businesses in 2019, higher taxes attributable to non-controlling interest and lower tax benefits in 2020 for plant-related flow through items.

CECONY’s income tax expense decreased to $199 million for the nine months ended September 30, 2020 from $271 million for the nine months ended September 30, 2019. The decrease in income tax expense is primarily due to lower income before income tax expense, an increase in the amortization of excess deferred federal income taxes pursuant to CECONY's electric and gas rate plans that went into effect in January 2020 and lower state income taxes, offset in part by the absence of the amortization of excess deferred state income taxes in 2020, lower tax benefits for plant-related flow through items and a decrease in research and development credits.

Reconciliation of the difference between income tax expense and the amount computed by applying the prevailing statutory income tax rate to income before income taxes for the nine months ended September 30, 2020 and 2019 is as follows:


	Con Edison				CECONY
(% of Pre-tax income)	2020		2019		2020		2019
STATUTORY TAX RATE
Federal	21	%	21	%	21	%	21	%
Changes in computed taxes resulting from:
State income tax	5		5		5		6
Amortization of excess deferred federal income taxes	(10)		(3)		(10)		(3)
Taxes attributable to non-controlling interest	(1)		(2)		—		—
Cost of removal	2		1		2		1
Other plant-related items	(1)		—		(2)		(1)
Renewable energy credits	(2)		(2)		—		—
Amortization of excess deferred state income taxes	—		(1)		—		(1)
Prior period federal income tax return adjustments	—		(1)		—		—
Other	—		—		1		(1)
Effective tax rate	14	%	18	%	17	%	22	%

CECONY deferred as regulatory liabilities its estimated net benefits for its electric service under the TCJA for the nine months ended September 30, 2019. The net benefits include the revenue requirement impact of the reduction in the corporate federal income tax rate to 21 percent, the elimination for utilities of bonus depreciation and the amortization of excess deferred federal income taxes the utilities collected from customers that will not need to be paid to the Internal Revenue Service under the TCJA. See “Other Regulatory Matters” in Note B.

Pursuant to CECONY’s electric rate plan that went into effect in January 2020, the deferral of its net benefits for its electric service ceased and is included in rates. Additionally, the unprotected excess deferred federal income taxes for its electric and gas services is being amortized over a five-year period, which increased the tax benefit for the nine months ended September 30, 2020.

At September 30, 2020, the estimated liability for uncertain tax positions for Con Edison was $14 million ($4 million for CECONY). Con Edison reasonably expects to resolve within the next twelve months approximately $3 million of various federal and state uncertainties due to the expected completion of ongoing tax examinations, of which the entire amount, if recognized, would reduce Con Edison's effective tax rate. The amount related to CECONY is $1 million, which, if recognized, would reduce CECONY’s effective tax rate. The total amount of unrecognized tax benefits, if recognized, that would reduce Con Edison’s effective tax rate is $14 million ($13 million, net of federal taxes) with $4 million attributable to CECONY.

The Companies recognize interest on liabilities for uncertain tax positions in interest expense and would recognize penalties, if any, in operating expenses in the Companies’ consolidated income statements. For the nine months ended September 30, 2020, the Companies recognized an immaterial amount of interest expense and no penalties for uncertain tax positions in their consolidated income statements. At September 30, 2020 and December 31, 2019, the Companies recognized an immaterial amount of accrued interest on their consolidated balance sheets.