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Income Taxes
12 Months Ended
Dec. 31, 2021
Income Taxes
Note 8: Income Taxes
Provisions for Federal and
 
State Income Taxes reflected
 
as operating expenses in the accompanying consolidated statements of earnings for the years ended December 31, 2021, 2020
,
and 2019 are shown in the following table:
 
 
  
(in millions)
 
 
  
2021
 
  
2020
 
  
2019
 
Current Income Tax Provision
                          
Federal
  
$
 
   $ 0.3      $  
State
  
 
0.7
 
     0.6        0.3  
    
 
 
    
 
 
    
 
 
 
Total Current Income Taxes
  
$
0.7
 
   $ 0.9      $ 0.3  
    
 
 
    
 
 
    
 
 
 
Deferred Income Tax Provision
                          
Federal
  
$
7.3
 
   $ 6.5      $ 9.4  
State
  
 
3.5
 
     2.8        4.1  
    
 
 
    
 
 
    
 
 
 
Total Deferred Income Taxes
  
 
10.8
 
     9.3        13.5  
    
 
 
    
 
 
    
 
 
 
Total Income Tax Expense
  
$
11.5
 
   $ 10.2      $ 13.8  
    
 
 
    
 
 
    
 
 
 
The differences between the Company’s provisions for Income Taxes and the provisions calculated at the statutory federal tax rate, expressed in percentages, are shown in the following table:
 
 
  
2021
 
 
2020
 
 
2019
 
Statutory Federal Income Tax Rate
  
 
21
    21     21
Income Tax Effects of:
                        
State Income Taxes, net
  
 
6
 
    6       6  
Utility Plant Differences
  
 
(3
    (4     (3
Other, net
  
 
 
    1        
    
 
 
   
 
 
   
 
 
 
Effective Income Tax Rate
  
 
24
    24     24
    
 
 
   
 
 
   
 
 
 
Temporary differences which gave rise to deferred tax assets and liabilities in 2021 and 2020 are shown in the following table:
 
Temporary Differences (in millions)
  
2021
 
  
2020
 
Deferred Tax Assets
                 
Retirement Benefit Obligations
  
$
34.1
 
   $ 40.7  
Net Operating Loss Carryforwards
  
 
4.1
 
      
Tax Credit Carryforwards
  
 
0.7
 
     0.3  
Other, net
  
 
1.3
 
     1.3  
    
 
 
    
 
 
 
Total Deferred Tax Assets
  
$
40.2
 
   $ 42.3  
    
 
 
    
 
 
 
Deferred Tax Liabilities
                 
Utility Plant Differences
    
157.4
 
   $ 143.8  
Regulatory Assets & Liabilities
  
 
9.4
 
     6.2  
Other, net
  
 
1.1
 
     1.3  
    
 
 
    
 
 
 
Total Deferred Tax Liabilities
  
 
167.9
 
     151.3  
    
 
 
    
 
 
 
Net Deferred Tax Liabilities
  
$
127.7
 
   $ 109.0  
    
 
 
    
 
 
 
Under the Company’s Tax Sharing Agreement (the Agreement) which was approved upon the formation of Unitil as a public utility holding company, the Company files consolidated Federal and State tax returns and Unitil Corporation and each of its utility operating subsidiaries recognize the results of their operations in its tax returns as if it were a stand-alone taxpayer. The Agreement provides that the Company will account for income taxes in compliance with U.S. GAAP and regulatory accounting principles. The Company has evaluated its tax positions at December 31, 2021 in accordance with the FASB Codification, and has concluded that no adjustment for recognition,
de-recognition,
settlement or foreseeable future
events to any tax liabilities or assets as defined by the FASB Codification is required. The Company remains subject to examination by Maine, Massachusetts, and New Hampshire tax authorities for the tax periods ended December 31, 2020; December 31, 2019; and December 31, 2018.
Income tax filings
for the year ended December 31, 2020 have been filed with the IRS, Massachusetts Department of Revenue, the Maine Revenue Service, and the New Hampshire Department of Revenue Administration. In the Company’s federal tax returns for the year ended December 31, 2020 which were filed with the IRS in October 2021, the Company generated federal Net Operating Loss Carryforward (NOLC) assets of $7.7 
million, principally due to tax repairs expense and tax depreciation. As of December 31, 2021, the Company recognized the utilization of approximately
$3.6 million of the NOLC asset to offset current taxes payable. In addition, at December 31, 2021, the Company had $
0.7 million of cumulative state tax credit carryforwards to offset future income taxes payable. If unused, the Company’s state tax credit carryforwards will begin to expire in 2024.
In March 2020, the Coronavirus Aid, Relief and Economic Security (CARES) Act was signed into law. The CARES Act included several tax changes as part of its economic package. These changes principally related to expanded Net Operating Loss carryback periods, increases to interest deductibility limitations, and accelerated Alternative Minimum Tax refunds. The Company has evaluated these items and determined that the items do not have a material effect on the Company’s financial statements as of December 31, 2021. Additionally, the CARES Act enacted the Employee Retention Credit (ERC) to incentivize companies to retain employees. The ERC is a 50% credit on employee wages for employees that are retained and cannot perform their job duties at 100% capacity as a result of coronavirus pandemic restrictions.
In December 2020, the Consolidated Appropriations Act, 2021 (CAA) was signed into law. The CAA included additional funding through tax credits as part of its economic package for 2021. These changes include the temporary removal of deduction limitations on business meals through December 2022 and additional funding for the ERC with expanded benefits extended through June 30, 2021. The expanded ERC is a 70% credit on employee wages for employees that are retained and cannot perform their job duties at 100% capacity as a result of coronavirus pandemic restrictions.

In March 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law. The ARPA included certain provisions that provide economic relief for the
ongoing COVID-19
pandemic, such as extending the ERC through December 31, 2021, and other future governmental revenue producing provisions, such as expanding the scope for deduction limitations on executive compensation in future years.
The Company has evaluated each of the CARES, CAA and ARPA
 
provisions and determined that they do not have a material effect on the Company’s financial statements as of December 31, 2021. The Company has recorded a reduction in payroll taxes related to the ERC for $0.4 million in 2021 and $0.6 million in 2020. These credits were recorded as a reduction to payroll tax expense which is recorded in Taxes Other Than Income Taxes in the Consolidated Statements of Earnings.
In December 2017, the Tax Cuts and Jobs Act (TCJA), which included a reduction to the corporate federal income tax rate to 21% effective January 1, 2018, was signed into law. In accordance with FASB Codification Topic 740, the Company revalued its Accumulated Deferred Income Taxes (ADIT) at the new 21% tax rate at which the ADIT will be reversed in future periods. The Company recorded a net Regulatory Liability in the amount of $48.9 million at December 31, 2017 as a result of the ADIT revaluation. The Company expects to flow through to customers $47.1 million of excess ADIT in utility base rates. Approximately $1.8 million of excess ADIT was created through reconciling mechanisms at December 31, 2017, which had not been previously collected from customers through utility rates. The Company reconciled these excess ADIT amounts through the specific reconciliation mechanisms in each of those individual reconciling mechanisms which were reviewed by state regulators. In addition to the $48.9 million of net excess ADIT, as of December 31, 2018, there was $2.0 million of remaining excess ADIT created by the recognition of NOLC, and related to the implementation of the new federal tax rate of the TCJA, which had not been previously included in utility rates. The Company recognized the benefit of this excess ADIT in accordance with the regulatory treatment of excess ADIT for each jurisdiction. In 2019, the Company recognized $1.7 million of this amount and the remaining $0.3 million was recognized in
2020.
Based on communications received by the Company from its state regulators in rate cases and other regulatory proceedings in the first quarter of 2018 and as prescribed in the TCJA, the recent FERC guidance noted above and IRS normalization rules, the benefit of these protected excess ADIT amounts will be subject to flow back to customers in future utility rates according to the Average Rate Assumption Method (ARAM). ARAM reconciles excess ADIT at the reversal rate of the underlying book/tax temporary timing differences. The Company estimates the ARAM flow back period for protected and unprotected excess ADIT to be between fifteen and twenty years over the remaining life of the related utility plant. Subject to regulatory approval, the Company expects to flow back to customers a net $47.1 million of protected excess ADIT created as a result of the lowering of the statutory tax rate by the TCJA over periods estimated to be fifteen to twenty years. As of December 31, 2021, the Company flowed back $3.1 million to customers in its Massachusetts, Maine, and federal jurisdictions. New Hampshire liabilities will begin to flow back once rate proceedings have
finalized
in that jurisdiction.