INCOME TAXES

A reconciliation of the U.S. federal statutory rate of 35 percent to the effective rate from operations for the fiscal years ended September 30, 2013, 2012 and 2011 is as follows:



(Thousands)	2013			2012			2011
Statutory income tax expense	$	52,661		$	35,213		$	48,638
Change resulting from
State income taxes	5,168			5,434			3,435
Depreciation and cost of removal	(5,769		)	(3,999		)	(2,558		)
Investment tax credits	(18,749		)	(34,397		)	(13,150		)
Basis adjustment of solar assets due to ITC	3,225			5,974			2,266
Other	(961		)	(496		)	(966		)
Income tax provision	$	35,575		$	7,729		$	37,665
Effective income tax rate	23.6		%	7.7		%	27.1		%

The effective tax rate increased to 23.6 percent in fiscal 2013 from 7.7 percent in fiscal 2012, due primarily to a decrease in solar capital expenditures, which reduced the impact of federal ITCs.

The income tax provision (benefit) from operations consists of the following:



(Thousands)	2013			2012			2011
Current
Federal	$	12,248		$	14,983		$	14,566
State	1,763			4,025			6,618
Deferred
Federal	34,127			18,757			30,932
State	6,186			4,361			(1,301		)
Investment tax credits	(18,749		)	(34,397		)	(13,150		)
Income tax provision	$	35,575		$	7,729		$	37,665

The temporary differences, which give rise to deferred tax assets and (liabilities), consist of the following:



(Thousands)	2013				2012
Deferred tax assets
Investment tax credits	$	43,033		⁽¹⁾	$	32,002
Deferred service contract revenue	3,231				3,185
Incentive compensation	6,798				7,666
State net operating losses	6,118				3,012
Other	5,718				5,881
Total deferred tax assets	$	64,898			$	51,746
Deferred tax liabilities
Property related items	$	(329,921	)		$	(284,871	)
Remediation costs	(18,881		)		(24,018		)
Equity investments	(33,368		)		(31,610		)
Post employment benefits	(17,455		)		(8,520		)
Fair value of derivatives	(6,258		)		(5,461		)
Conservation incentive plan	(7,611		)		(11,200		)
Under-recovered gas costs	(383		)		(2,835		)
Other	(13,699		)		(4,514		)
Total deferred tax liabilities	$	(427,576	)		$	(373,029	)

Total net deferred tax liabilities	$	(362,678	)		$	(321,283	)

(1) Includes $3 million for NJNG, which is being amortized over the life of the related assets and $40 million for NJRCEV, which is the ITC carryforward.

The Company and one or more of its subsidiaries files or expects to file income and/or franchise tax returns in the U.S. Federal jurisdiction and in the states of New Jersey, New York, Connecticut, Texas, Delaware, Pennsylvania, Oklahoma, North Carolina and Louisiana and the City of New York. The Company neither files in, nor believes it has a filing requirement in, any foreign jurisdictions.

The Company's federal income tax returns through fiscal 2009 have either been reviewed by the IRS, or the related statute of limitations has expired and all matters have been settled. The IRS is currently examining fiscal 2010 tax return.

The State of New Jersey has completed its sales and use tax examinations through March 31, 2010, and its corporate business tax examinations through September 30, 2008. All periods subsequent to those ended September 30, 2009, are statutorily open to examination in all applicable states with the exception of New York. In New York, all periods subsequent to September 30, 2010, are statutorily open to examination.

In May 2013, the State of New Jersey completed their audit of NJRES for the periods ended September 30, 2008, 2009 and 2010. The audit resulted in a refund of $1.1 million.

NJR evaluates its tax positions to determine the appropriate accounting and recognition of potential future obligations associated with unrecognized tax benefits. As of September 30, 2013 and 2012, based on its analysis, the Company determined there was no need to recognize any liabilities associated with uncertain tax positions.

As of September 30, 2013, the Company has state income tax net operating losses of approximately $104.4 million, which generally have a life of 20 years. The company has recorded a deferred state tax asset of approximately $6.1 million on the Consolidated Balance Sheets, reflecting the tax benefit associated with the loss carryforwards. In addition, as of September 30, 2013 the Company has recorded a valuation allowance of $262,000 because it believes that it is more likely than not that the deferred tax assets related to CR&R and NJR will expire unused. There was no valuation allowance recorded as of September 30, 2012.

The deferred tax assets will expire as follows:



(Thousands)
Fiscal years 2014 - 2017	$	62
Fiscal years 2018 - 2022	—
Fiscal Years 2023 - 2027	—
Fiscal Years 2028 - 2033	6,056
Total	$	6,118

In addition, as of September 30, 2013, the Company has an ITC carryforward of approximately $40 million, which has a life of 20 years. This carryforward will begin to expire at the end of fiscal 2032.

In September 2013, the U.S. Department of the Treasury and the IRS released final regulations that provide guidance on applying Section 263(a) of the Internal Revenue Code to amounts paid to acquire, produce, or improve tangible property, as well as rules for materials and supplies. Implementation of these final regulations in September 2013 had no material impact on NJR’s and its subsidiaries’ results of operations, financial condition or cash flow.