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Income Tax
 3 Months Ended
Mar. 31, 2023
Income Tax Disclosure [Abstract]  
Income Tax Income Tax
Con Edison’s income tax expense increased to $243 million for the three months ended March 31, 2023 from $153 million for the three months ended March 31, 2022. The increase in income tax expense is primarily due to higher income before income tax expense due to the gain on the sale of the Clean Energy Businesses ($202 million) and an increase in the valuation allowance on deferred state tax assets related to state NOLs ($10 million), offset in part by tax benefits from the recognition of deferred unamortized investment tax credits ($107 million) and changes in state apportionments, net of federal income taxes ($44 million), all related to the sale of the Clean Energy Businesses.

CECONY’s income tax expense increased to $154 million for the three months ended March 31, 2023 from $117 million for the three months ended March 31, 2022. The increase in income tax expense is primarily due to
higher income before income tax expense and higher state income taxes, offset in part by lower allowance for uncollectible accounts.

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 March 31, 2023 and 2022 is as follows:

Con EdisonCECONY
(% of Pre-tax income)2023202220232022
STATUTORY TAX RATE
Federal21 %21 %21 %21 %
Changes in computed taxes resulting from:
State income tax, net of federal income tax benefit5 5 5 5 
Amortization of excess deferred federal income taxes(3)(6)(6)(7)
Taxes attributable to non-controlling interest— 2 — — 
Cost of removal— 1 1 1 
Renewable energy credits— (1)— — 
Allowance for uncollectible accounts, net of COVID-19 assistance— — (1)— 
 Impacts from the sale of Clean Energy Businesses:
Deferred unamortized ITC recognized on sale of subsidiary(7)— — — 
Changes in state apportionments, net of federal income taxes(3)— — — 
Valuation allowance on state NOLs, net of federal income tax 1 — — — 
Effective tax rate14 %22 %20 %20 %

On March 1, 2023, Con Edison completed the sale of the Clean Energy Businesses, that was accounted for as a stock sale for GAAP purposes and a deemed sale of assets and liquidation for tax purposes. Con Edison's pretax gain on the sale of the Clean Energy Businesses was $855 million ($791 million, net of tax) for the three months ended March 31, 2023. The sale included all assets, operations and projects of the Clean Energy Businesses with the exception of tax equity interests and a deferred project, that were treated as distributions to Con Edison. See Note S and Note T.

In April 2023, the IRS released Revenue Procedure 2023-15 which provides a safe harbor method of accounting that taxpayers may use to determine whether certain expenditures to maintain, repair, replace, or improve natural gas transmission and distribution property must be capitalized as improvements by the taxpayer or currently deducted for federal income tax purposes. This revenue procedure also provides procedures for taxpayers to obtain automatic consent to change their method of accounting to the safe harbor method of accounting permitted by this revenue procedure. Con Edison expects to adopt the guidance in 2023, and is evaluating the cumulative impact of the change in accounting method for the Utilities.

In May 2023, New York State passed a law that extended the increase in the corporate franchise tax rate from 6.5% to 7.25% for another 3-year period, through tax year 2026, for taxpayers with taxable income greater than $5 million. The law also temporarily extended the business capital tax through tax year 2026, not to exceed an annual maximum tax liability of $5 million per taxpayer, with a corporation paying the higher of its franchise or income tax liability during the same period. New York State also passed a law establishing a permanent rate of 30% for the metropolitan transportation business tax surcharge. As a result of the sale of the Clean Energy Businesses in 2023, Con Edison has New York State taxable income in excess of $5 million after using its entire New York State NOL carryforward, and therefore, the group is subject to the higher 7.25 percent rate (9.425 percent with the surcharge rate) on its taxable income for tax year 2023. The Companies are evaluating the impact of these provisions on their financial position, results of operations and liquidity for tax years after 2023.

Uncertain Tax Positions
At March 31, 2023, the estimated liability for uncertain tax positions for Con Edison was $26 million ($9 million for CECONY). During the quarter ended March 31, 2023, Con Edison recognized $3 million of income tax expense mostly related to research and development credits on the Clean Energy Businesses. Con Edison reasonably expects to resolve within the next twelve months approximately $23 million of various federal 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 $6 million, that, 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 $26 million, with $9 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 three months ended March 31, 2023 and 2022, the Companies recognized an immaterial amount of interest expense and no penalties for uncertain tax positions in their consolidated income statements. At March 31, 2023 and December 31, 2022, the Companies recognized an immaterial amount of accrued interest on their consolidated balance sheets.