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INCOME TAXES
12 Months Ended
Dec. 31, 2023
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
Southern Company files a consolidated federal income tax return and the Registrants file various state income tax returns, some of which are combined or unitary. Under a joint consolidated income tax allocation agreement, each Southern Company subsidiary's current and deferred tax expense is computed on a stand-alone basis, and each subsidiary is allocated an amount of tax similar to that which would be paid if it filed a separate income tax return. In accordance with IRS regulations, each company is jointly and severally liable for the federal tax liability.
Current and Deferred Income Taxes
Details of income tax provisions are as follows:
2023
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern Power Southern Company Gas
(in millions)
Federal —
Current$54 $242 $205 $49 $(320)$62 
Deferred299 (257)195 (26)334 68 
Total federal
353 (15)400 23 14 130 
State —
Current41 82 37 1 (1)24 
Deferred102 14 11 12 (1)57 
Total state
143 96 48 13 (2)81 
Total$496 $81 $448 $36 $12 $211 
2022
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Federal —
Current$10 $54 $38 $42 $(43)$122 
Deferred455 259 152 (16)56 (3)
Total federal
465 313 190 26 13 119 
State —
Current27 14 (21)— 42 
Deferred303 96 201 11 19 
Total state
330 110 180 11 61 
Total$795 $423 $370 $37 $20 $180 
2021
Southern CompanyAlabama PowerGeorgia
Power
Mississippi
Power
Southern PowerSouthern Company Gas
(in millions)
Federal —
Current$50 $104 $311 $25 $(340)$85 
Deferred36 172 (449)(15)343 35 
Total federal
86 276 (138)10 120 
State —
Current(25)23 71 — (16)(68)
Deferred206 73 (101)11 — 223 
Total state
181 96 (30)11 (16)155 
Total$267 $372 $(168)$21 $(13)$275 
Southern Company's and Southern Power's ITCs and PTCs generated in the current tax year and carried forward from prior tax years that cannot be utilized in the current tax year are reclassified from current to deferred taxes in federal income tax expense in the tables above. Southern Power's ITCs and PTCs reclassified in this manner include $5 million for 2023, $17 million for 2022, and $6 million for 2021. Southern Power received $332 million, $49 million, and $289 million of cash related to federal ITCs under renewable energy initiatives in 2023, 2022, and 2021, respectively. See "Deferred Tax Assets and Liabilities" herein for additional information.
In accordance with regulatory requirements, deferred federal ITCs for the traditional electric operating companies are amortized over the average life of the related property, with such amortization normally applied as a credit to reduce depreciation and amortization in the statements of income. Southern Power's and the natural gas distribution utilities' deferred federal ITCs, as well as certain state ITCs for Nicor Gas, are amortized to income tax expense over the life of the respective asset. ITCs amortized in 2023, 2022, and 2021 were immaterial for the traditional electric operating companies and Southern Company Gas and were as follows for Southern Company and Southern Power:
Southern CompanySouthern Power
(in millions)
2023$84 $58 
202283 58 
202184 58 
When Southern Power recognizes tax credits, the tax basis of the asset is reduced by 50% of the ITCs received, resulting in a net deferred tax asset. Southern Power has elected to recognize the tax benefit of this basis difference as a reduction to income tax expense in the year in which the plant reaches commercial operation.
State ITCs and other state credits, which are recognized in the period in which the credits are generated, reduced Georgia Power's income tax expense by $49 million in 2023, $53 million in 2022, and $66 million in 2021.
Southern Power's federal and state PTCs, which are recognized in the period in which the credits are generated, reduced Southern Power's income tax expense by $26 million in 2023, $27 million in 2022, and $16 million in 2021.
During the fourth quarter 2023, Southern Power executed an agreement to transfer certain PTCs generated in 2023 and received cash of $12 million. The discount recognized was booked through income tax expense and was immaterial.
Pursuant to the Global Amendments to the Vogtle Joint Ownership Agreements (as defined in Note 2 under "Georgia Power – Nuclear Construction – Joint Owner Contracts"), Georgia Power paid $39 million to the other Vogtle Owners for advanced nuclear PTCs for Plant Vogtle Unit 3. The gain recognized in 2023 was booked through income tax benefit and was immaterial.
Effective Tax Rate
Southern Company's effective tax rate is typically lower than the statutory rate due to employee stock plans' dividend deduction, non-taxable AFUDC equity at the traditional electric operating companies, flowback of excess deferred income taxes at the regulated utilities, and federal income tax benefits from ITCs and PTCs primarily at Southern Power.
In July 2021, Southern Company Gas affiliates completed the sale of Sequent. As a result of the sale, changes in state apportionment rates resulted in $85 million of additional net state tax expense. See Note 15 under "Southern Company Gas" for additional information.
A reconciliation of the federal statutory income tax rate to the effective income tax rate is as follows:
2023
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
Federal statutory rate21.0 %21.0 %21.0 %21.0 %21.0 %21.0 %
State income tax, net of federal deduction2.6 5.2 1.5 4.9 (0.7)7.8 
Employee stock plans' dividend deduction(0.5)     
Non-deductible book depreciation0.7 0.7 0.8 0.4   
Flowback of excess deferred income taxes(9.2)(19.8)(2.6)(10.2) (2.6)
AFUDC-Equity(1.1)(1.2)(1.2)   
Federal PTCs(1.2) (1.4) (7.4) 
ITC amortization(1.3)(0.1)(0.1) (19.0) 
Noncontrolling interests0.6    11.1  
Other(0.2)(0.2)(0.3)0.1 0.1 (0.6)
Effective income tax (benefit) rate11.4 %5.6 %17.7 %16.2 %5.1 %25.6 %
2022
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
Federal statutory rate21.0 %21.0 %21.0 %21.0 %21.0 %21.0 %
State income tax, net of federal deduction6.2 4.8 6.5 4.4 1.9 6.4 
Employee stock plans' dividend deduction(0.5)— — — — — 
Non-deductible book depreciation0.6 0.5 0.6 0.3 — — 
Flowback of excess deferred income taxes(6.6)(1.9)(9.6)(7.8)— (2.5)
AFUDC-Equity(1.1)(0.8)(1.5)— — — 
Federal PTCs— — — — (6.6)— 
ITC amortization(1.3)(0.1)(0.1)— (17.2)(0.1)
Noncontrolling interests0.5 — — — 8.4 — 
Other— 0.3 — 0.3 (0.1)(0.9)
Effective income tax (benefit) rate18.8 %23.8 %16.9 %18.2 %7.4 %23.9 %
2021
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
Federal statutory rate21.0 %21.0 %21.0 %21.0 %21.0 %21.0 %
State income tax, net of federal deduction5.5 4.6 (5.7)4.9 (8.0)15.1 
Employee stock plans' dividend deduction(0.9)— — — — — 
Non-deductible book depreciation0.9 0.5 3.1 0.4 — — 
Flowback of excess deferred income taxes(11.7)(2.6)(49.9)(15.2)— (2.8)
AFUDC-Equity(1.5)(0.7)(6.4)— — — 
Federal PTCs— — — — (4.6)— 
ITC amortization(2.2)(0.1)(0.4)— (29.7)(0.1)
Noncontrolling interests0.8 — — — 13.4 — 
Leveraged lease impairments and dispositions
(1.4)— — — — — 
Other(0.1)0.2 (1.9)0.6 (0.4)0.6 
Effective income tax (benefit) rate10.4 %22.9 %(40.2)%11.7 %(8.3)%33.8 %
Deferred Tax Assets and Liabilities
The tax effects of temporary differences between the carrying amounts of assets and liabilities in the financial statements of the Registrants and their respective tax bases, which give rise to deferred tax assets and liabilities, are as follows:
December 31, 2023
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Deferred tax liabilities —
Accelerated depreciation$9,683 $2,566 $3,628 $339 $1,346 $1,576 
Property basis differences2,647 1,444 812 188 — 189 
Employee benefit obligations979 321 446 49 12 74 
AROs833 476 314 — — — 
Under recovered fuel and natural gas costs 601 80 508 13 — — 
Regulatory assets –
AROs1,902 667 1,196 39 — — 
Employee benefit obligations797 213 260 37 — 11 
Remaining book value of retired assets369 143 221 — — 
Premium on reacquired debt63 53 — — 
Other700 182 223 43 191 
Total deferred income tax liabilities18,574 6,101 7,661 714 1,360 2,041 
Deferred tax assets —
AROs2,735 1,143 1,510 39 — — 
ITC and PTC carryforwards1,387 12 691 — 481 — 
Employee benefit obligations985 224 316 52 10 89 
Estimated loss on plants under construction857 — 857 — — — 
Estimated loss on regulatory disallowance26 — — — — 26 
Other state deferred tax attributes363 — 13 231 49 
Federal effect of net state deferred tax liabilities418 215 92 — 27 101 
Other property basis differences197 — 83 — 97 — 
State effect of federal deferred taxes115 115 — — — — 
Other partnership basis differences85 — — — 85 — 
Regulatory liability associated with the Tax Reform Legislation (not subject to normalization)34 30 — — — 
Long-term debt fair value adjustment79 — — — — 79 
Other comprehensive losses67 — — 
Other538 188 152 57 18 74 
Total deferred income tax assets7,886 1,931 3,718 382 773 377 
Valuation allowance(206)— (75)(41)(27)(7)
Net deferred income tax assets7,680 1,931 3,643 341 746 370 
Net deferred income taxes (assets)/liabilities$10,894 $4,170 $4,018 $373 $614 $1,671 
Recognized in the balance sheets:
Accumulated deferred income taxes – assets$(96)$ $ $(96)$ $ 
Accumulated deferred income taxes – liabilities$10,990 $4,170 $4,018 $469 $614 $1,671 
December 31, 2022
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Deferred tax liabilities —
Accelerated depreciation$9,443 $2,564 $3,447 $338 $1,351 $1,505 
Property basis differences2,350 1,303 693 179 — 150 
Employee benefit obligations888 284 412 43 11 68 
AROs876 499 324 — — — 
Under recovered fuel and natural gas costs805 185 548 40 — 32 
Regulatory assets –
AROs2,006 679 1,285 42 — — 
Employee benefit obligations677 180 226 30 — 15 
Remaining book value of retired assets400 142 253 — — 
Premium on reacquired debt66 57 — — — 
Other555 179 181 40 14 82 
Total deferred income tax liabilities18,066 6,024 7,426 717 1,376 1,852 
Deferred tax assets —
AROs2,882 1,178 1,609 42 — — 
ITC and PTC carryforwards1,685 12 673 — 794 — 
Employee benefit obligations890 198 304 47 89 
Estimated loss on plants under construction888 — 888 — — — 
Other state deferred tax attributes388 — 12 239 51 
Federal effect of net state deferred tax liabilities365 175 88 — 28 92 
Other property basis differences207 — 79 — 109 — 
State effect of federal deferred taxes136 136 — — — — 
Other partnership basis differences111 — — — 111 — 
Regulatory liability associated with the Tax Reform Legislation (not subject to normalization)137 127 — — — 
Long-term debt fair value adjustment85 — — — — 85 
Other comprehensive losses72 — — 
Other552 213 186 62 17 28 
Total deferred income tax assets8,398 2,043 3,844 399 1,124 301 
Valuation allowance(257)— (125)(41)(27)(9)
Net deferred income tax assets8,141 2,043 3,719 358 1,097 292 
Net deferred income taxes (assets)/liabilities$9,925 $3,981 $3,707 $359 $279 $1,560 
Recognized in the balance sheets:
Accumulated deferred income taxes – assets$(111)$ $ $(107)$ $ 
Accumulated deferred income taxes – liabilities$10,036 $3,981 $3,707 $466 $279 $1,560 
The traditional electric operating companies and the natural gas distribution utilities have tax-related regulatory assets (deferred income tax charges) and regulatory liabilities (deferred income tax credits). The regulatory assets are primarily attributable to tax benefits flowed through to customers in prior years, deferred taxes previously recognized at rates lower than the current enacted tax law, and taxes applicable to capitalized interest. The regulatory liabilities are primarily attributable to deferred taxes previously recognized at rates higher than the current enacted tax law and to unamortized ITCs. See Note 2 for each Registrant's related balances at December 31, 2023 and 2022.
Tax Credit Carryforwards
Federal ITC/PTC carryforwards at December 31, 2023 were as follows:
Southern CompanyAlabama
Power
Georgia
Power
Southern
Power
(in millions)
Federal ITC/PTC carryforwards$829 $12 $131 $481 
Tax year in which federal ITC/PTC carryforwards begin expiring
2031
2032
2031
2035
Year by which federal ITC/PTC carryforwards are expected to be utilized
2029
2028
2028
2029
The estimated tax credit utilization reflects the various transactions described in Note 15 and could be impacted by numerous factors, including the acquisition of additional renewable projects, changes in taxable income projections, transfer of eligible credits, potential income tax rate changes, and the ultimate implementation of the natural gas safe harbor method for repairs. In the third quarter 2023, Georgia Power started generating advanced nuclear PTCs for Plant Vogtle Unit 3 beginning on the in-service date of July 31, 2023. In addition, pursuant to the Global Amendments to the Vogtle Joint Ownership Agreements (as defined in Note 2 under "Georgia Power – Nuclear Construction – Joint Owner Contracts"), Georgia Power is purchasing advanced nuclear PTCs for Plant Vogtle Unit 3 from the other Vogtle Owners. See Note 2 under "Georgia Power – Nuclear Construction" for additional information on Plant Vogtle Units 3 and 4.
At December 31, 2023, Georgia Power also had approximately $452 million in net state investment and other net state tax credit carryforwards for the State of Georgia that will expire between tax years 2023 and 2032 and are not expected to be fully utilized. Georgia Power has a net state valuation allowance of $60 million associated with these carryforwards.
The ultimate outcome of these matters cannot be determined at this time.
Net Operating Loss Carryforwards
At December 31, 2023, the net state income tax benefit of state and local NOL carryforwards for Southern Company's subsidiaries were as follows:
Company/JurisdictionApproximate Net State Income Tax Benefit of NOL CarryforwardsTax Year NOL
Begins Expiring
(in millions)
Mississippi Power
Mississippi $183 2032
Southern Power
Oklahoma26 2035
Florida10 2034
Other statesVarious
Southern Power Total$38 
Other(*)
New York11 2036
New York City14 2036
Other states30 Various
Southern Company Total$276 
(*)Represents other non-registrant Southern Company subsidiaries. Alabama Power, Georgia Power, and Southern Company Gas did not have material state or local NOL carryforwards at December 31, 2023.
State NOLs for Mississippi, Oklahoma, and Florida are not expected to be fully utilized prior to expiration. At December 31, 2023, Mississippi Power had a net state valuation allowance of $32 million for the Mississippi NOL, Southern Power had net state valuation allowances of $11 million for the Oklahoma NOL and $10 million for the Florida NOL, and Southern Company had a net valuation allowance of $25 million for the New York and New York City NOLs.
The ultimate outcome of these matters cannot be determined at this time.
Unrecognized Tax Benefits
Changes in unrecognized tax benefits for the periods presented were as follows:
Southern
Company
Georgia
Power
Southern
Company Gas
(in millions)
Unrecognized tax benefits at December 31, 2020$44 $— $— 
Tax positions changes –
Increase from prior periods— — 
Unrecognized tax benefits at December 31, 202147 — — 
Tax positions changes –
Increase from prior periods33 — 32 
Unrecognized tax benefits at December 31, 202280 — 32 
Tax positions changes –
Increase from prior periods88 86 
Statute of limitations expiration(52)(9)— 
Unrecognized tax benefits at December 31, 2023
$116 $77 $34 
The unrecognized tax positions increase from prior periods for 2022 is primarily related to the amendment of certain 2018 state tax filing positions related to Southern Company Gas dispositions. If accepted by the states, these positions would decrease Southern Company's and Southern Company Gas' annual effective tax rates. The ultimate outcome of these unrecognized tax benefits is dependent on acceptance by each state and is not expected to be resolved within the next 12 months.
The unrecognized tax positions increase from prior periods for 2023 are primarily related to the amendment of certain 2019 through 2021 state tax filing positions related to tax credit utilization, a portion of which decreased in the fourth quarter 2023 due to a statute of limitations expiration. If effective settlement of the positions is favorable, these positions would decrease Southern Company's and Georgia Power's annual effective tax rates. The ultimate outcome of this unrecognized tax benefit, of which a portion is expected to be resolved within the next 12 months, is dependent on acceptance by the state or expiration of related statute of limitations.
The unrecognized tax positions reductions due to statute of limitations expiration for 2023 primarily relates to a 2019 state tax filing position to exclude certain gains from 2019 dispositions from taxation in a certain unitary state. This tax position and related interest was recognized in the fourth quarter 2023 and decreased Southern Company's annual effective tax rate.
All of the Registrants classify interest on tax uncertainties as interest expense. Accrued interest for all tax positions was immaterial for all years presented. None of the Registrants accrued any penalties on uncertain tax positions.
The IRS has finalized its audits of Southern Company's consolidated federal income tax returns through 2022. Southern Company is a participant in the Compliance Assurance Process of the IRS. The IRS has selected six Southern Power partnership returns for exam for the 2020 and 2021 tax years. The ultimate outcome of this matter cannot be determined at this time. The audits for the Registrants' state income tax returns have either been concluded, or the statute of limitations has expired, for years prior to 2015.