On December 22, 2017, comprehensive changes in U.S. federal income taxes were enacted through legislation commonly known as the Tax Cuts and Jobs Act (the “Tax Act”). The Tax Act made many significant modifications to the tax laws, including reducing the federal corporate income tax rate from 35% to 21% effective January 1, 2018. The Tax Act also eliminated federal bonus depreciation for utilities, limited interest deductibility for non-utility businesses and limited the deductibility of officer compensation. During 2019, the IRS issued proposed regulations related to certain officer compensation and proposed regulations on interest deductibility that provide a 10% “de minimis” exception that allows entities with predominantly regulated activities to fully deduct interest expenses. In addition, the IRS issued proposed regulations interpreting Tax Act amendments to depreciation provisions of the IRC that allow the Company to claim a bonus depreciation deduction on certain construction projects placed in service subsequent to the third quarter of 2017.

Although most of the provisions of the Tax Act were not effective until 2018, GAAP required that some effects be recognized in 2017. Under the asset and liability method of accounting for income taxes used by the Company, deferred tax assets and liabilities are recognized for the future tax consequences of temporary differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases. The deferred tax assets and liabilities are measured using the enacted tax rates expected to apply to taxable income in the years in which the temporary differences are expected to reverse. At the date of enactment of the Tax Act, the Company had net deferred tax liabilities for its regulated activities and net deferred tax assets for non-regulated activities. As a result of the change in the federal income tax rate, the Company re-measured and adjusted its deferred tax assets and liabilities as of December 31, 2017. The portion of that adjustment not related to PNM’s and TNMP’s regulated activities was recorded as a reduction in net deferred tax assets and an increase in income tax expense. The portion related to PNM’s and TNMP’s regulated activities was recorded as a reduction in net deferred tax liabilities and an increase in regulatory liabilities.

Beginning February 2018, PNM’s NM 2016 Rate Case reflects the reduction in the federal corporate income tax rate, including amortization of excess deferred federal and state income taxes. In accordance with the order in that case, PNM is returning the protected portion of excess deferred federal income taxes to customers over the average remaining life of plant in service as of December 31, 2017, the unprotected portion of excess deferred federal income taxes to customers over a period of approximately twenty-three years, and excess deferred state income taxes to customers over a period of three years. The approved settlement in the TNMP 2018 Rate Case includes a reduction in customer rates to reflect the impacts of the Tax Act beginning on January 1, 2019. See additional discussion of PNM’s NM 2016 Rate Case and TNMP’s 2018 Rate Case in Note 17.



	PNM		TNMP		Corporate and Other			Consolidated
	(In thousands)
Net increase in regulatory liabilities	$	402,501	$	146,451	$	—		$	548,952
Net decrease in deferred income tax liabilities (deferred income tax assets)	372,895		138,586		(19,990		)	491,491
Net deferred income tax expense	$	29,606	$	7,865	$	19,990		$	57,461

GAAP requires that the impacts of adjusting existing deferred tax assets and liabilities for a change in an income tax rate be recognized in income tax expense during the period of enactment, including impacts that are reflected in AOCI. This resulted in the tax effects of items within AOCI not reflecting the appropriate tax rate and being stranded in AOCI. In February 2018, the FASB issued Accounting Standards Update 2018-02 - Income Statement - Reporting Comprehensive Income (Topic 220): Reclassification of Certain Tax Effects from Accumulated Other Comprehensive Income to address this issue by allowing entities to reclassify the income tax effects of the Tax Act on items within AOCI to retained earnings. The Company records in AOCI, net of income taxes, unamortized gains and losses related to PNM’s defined benefit pension plans to the extent not attributed to regulated operations, unrealized gains on PNM’s available-for-sale debt securities, and unrealized gains and losses on cash flow hedges related to PNMR’s interest rate swaps. When amounts are reclassified from AOCI to the Consolidated Statement of Earnings, the Company recognizes the related income tax expense (benefit) at the tax rate in effect at that time. As permitted by ASU 2018-02, as of December 31, 2017, the Company reclassified the stranded federal income tax effects of the Tax Act on items recorded in AOCI, resulting in a net increase in retained earnings of $17.6 million. See Note 3.

In December 2017, the SEC issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provided guidance to address the application of GAAP to reflect the Tax Act in circumstances where all information and analysis was not yet available or complete. This bulletin provided for a one-year period in which to complete the required analyses and accounting for the impacts of the Tax Act. In accordance with SAB 118, the Company completed its analysis of the impacts of the Tax Act in 2018.

The adjustments to deferred income taxes resulting from completion of the Company’s analysis, which resulted primarily from differences between the estimated amounts recorded as of December 31, 2017 and the actual amounts reflected in the Company’s 2017 tax return filing, including adjustments resulting from additional guidance and interpretations to the Tax Act issued in 2018 related to bonus depreciation, certain incentive compensation, and other items are presented below:



	PNM			TNMP			Corporate and Other			Consolidated
	(In thousands)
Net increase (decrease) in regulatory liabilities	$	11,244		$	(4,069	)	$	—		$	7,175
Net decrease in deferred income tax liabilities (deferred income tax assets)	(2,175		)	(9,784		)	13,869			1,910
Net increase in affiliate receivables (affiliate payables)	12,300			4,042			(16,342		)	—
Net deferred income tax expense	$	1,119		$	1,673		$	2,473		$	5,265

As discussed in Note 17, the NM Supreme Court issued a decision in May 2019 on the appeal of the NM 2015 Rate Case resulting in pre-tax impairments of $150.6 million in the year ending December 31, 2019. The impairments were recognized as discrete items within regulatory disallowances and restructuring costs resulting in tax benefits of $45.7 million, which is reflected in income taxes on the Company’s Consolidated Statements of Earnings for the year ended December 31, 2019.



	Year Ended December 31,
	2019			2018			2017
	(In thousands)
Current federal income tax	$	60		$	—		$	—
Current state income tax	43			(244		)	(188		)
Deferred federal income tax	(20,372		)	7,716			119,182
Deferred state income tax	(4,491		)	648			11,632
Amortization of accumulated investment tax credits	(522		)	(345		)	(286		)
Total income taxes (benefits)	$	(25,282	)	$	7,775		$	130,340



	Year Ended December 31,
	2019			2018			2017
	(In thousands)
Federal income tax at statutory rates	$	14,038		$	22,902		$	79,016
Amortization of accumulated investment tax credits	(522		)	(345		)	(286		)
Amortization of excess deferred income tax (Note 17)	(37,799		)	(19,779		)	—
Flow-through of depreciation items	1,136			712			1,147
Earnings attributable to non-controlling interest in Valencia	(2,991		)	(3,173		)	(5,256		)
State income tax, net of federal benefit	298			1,358			5,398
Impairment of state net operating loss carryforwards	—			—			819
Allowance for equity funds used during construction	(1,990		)	(2,185		)	(3,331		)
Impairment of charitable contribution carryforward	—			—			909
Regulatory recovery of prior year impairments of state net operating loss carryforward, including amortization	1,367			1,367			(2,225		)
Federal income tax rate change	—			2,914			57,461
Tax expense (benefit) related to stock compensation awards	(795		)	4,647			(2,324		)
Other	1,976			(643		)	(988		)
Total income taxes (benefits)	$	(25,282	)	$	7,775		$	130,340



	December 31,
	2019			2018
	(In thousands)
Deferred tax assets:
Net operating loss	$	59,488		$	82,386
Regulatory liabilities related to income taxes	145,087			158,416
Federal tax credit carryforwards	101,231			76,481
Shutdown of SJGS Units 2 and 3	—			1,638
Regulatory disallowance related to NM 2015 Rate Case (Note 17)	34,639			—
Other	54,199			97,515
Total deferred tax assets	394,644			416,436
Deferred tax liabilities:
Depreciation and plant related	(787,928		)	(767,482		)
Investment tax credit	(81,186		)	(57,853		)
Regulatory assets related to income taxes	(58,495		)	(62,889		)
CTC	(1,466		)	(3,613		)
Pension	(35,029		)	(35,407		)
Regulatory asset for shutdown of SJGS Units 2 and 3	(28,831		)	(30,425		)
Other	(27,767		)	(59,486		)
Total deferred tax liabilities	(1,020,702		)	(1,017,155		)
Net accumulated deferred income tax liabilities	$	(626,058	)	$	(600,719	)



	Year Ended
	December 31, 2019
	(In thousands)
Net change in deferred income tax liability per above table	$	25,339
Change in tax effects of income tax related regulatory assets and liabilities	(10,332		)
Amortization of excess deferred income tax	(37,799		)
Tax effect of mark-to-market adjustments	(2,261		)
Tax effect of excess pension liability	(908		)
Adjustment for uncertain income tax positions	499
Reclassification of unrecognized tax benefits	(499		)
Amortization of state net operating loss recovered in prior years	1,367
Refundable alternative minimum tax credit carryforward reclassified to receivable	(576		)
Other	(215		)
Deferred income taxes (benefits)	$	(25,385	)



	Year Ended December 31,
	2019			2018			2017
	(In thousands)
Current federal income tax	$	(6,266	)	$	(6,644	)	$	118
Current state income tax	449			(2,661		)	(1,112		)
Deferred federal income tax	(12,308		)	5,661			73,308
Deferred state income tax	(7,590		)	(2,080		)	9,527
Amortization of accumulated investment tax credits	(247		)	(247		)	(286		)
Total income taxes (benefit)	$	(25,962	)	$	(5,971	)	$	81,555



	Year Ended December 31,
	2019			2018			2017
	(In thousands)
Federal income tax at statutory rates	$	6,187		$	13,514		$	59,139
Amortization of accumulated investment tax credits	(247		)	(247		)	(286		)
Amortization of excess deferred income tax (Note 17)	(28,923		)	(19,779		)	—
Flow-through of depreciation items	1,077			674			1,103
Earnings attributable to non-controlling interest in Valencia	(2,991		)	(3,173		)	(5,256		)
State income tax, net of federal benefit	92			1,323			4,926
Impairment of state net operating loss carryforwards	—			—			627
Allowance for equity funds used during construction	(1,398		)	(1,716		)	(3,032		)
Regulatory recovery of prior year impairment of state net operating loss carryforward, net of amortization	1,367			1,367			(2,225		)
Federal income tax rate change	—			(683		)	29,606
Allocation of tax expense (benefit) related to stock compensation awards	(559		)	3,967			(1,708		)
Other	(567		)	(1,218		)	(1,339		)
Total income taxes (benefit)	$	(25,962	)	$	(5,971	)	$	81,555



	December 31,
	2019			2018
	(In thousands)
Deferred tax assets:
Net operating loss	$	25,889		$	50,762
Regulatory liabilities related to income taxes	114,849			125,395
Federal tax credit carryforwards	82,983			62,230
Shutdown of SJGS Units 2 and 3	—			1,638
Regulatory disallowance	34,639			—
Other	38,735			36,916
Total deferred tax assets	297,095			276,941
Deferred tax liabilities:
Depreciation and plant related	(630,293		)	(606,673		)
Investment tax credit	(74,667		)	(55,484		)
Regulatory assets related to income taxes	(49,479		)	(53,561		)
Pension	(30,609		)	(31,046		)
Regulatory asset for shutdown of SJGS Units 2 and 3	(28,831		)	(30,425		)
Other	(5,206		)	(2,519		)
Total deferred tax liabilities	(819,085		)	(779,708		)
Net accumulated deferred income tax liabilities	$	(521,990	)	$	(502,767	)



	Year Ended
	December 31, 2019
	(In thousands)
Net change in deferred income tax liability per above table	$	19,223
Change in tax effects of income tax related regulatory assets and liabilities	(7,861		)
Amortization of excess deferred income tax	(28,923		)
Tax effect of mark-to-market adjustments	(2,962		)
Tax effect of excess pension liability	(908		)
Adjustment for uncertain income tax positions	488
Reclassification of unrecognized tax benefits	(488		)
Amortization of state net operating loss recovered in prior years	1,367
Other	(81		)
Deferred income taxes (benefits)	$	(20,145	)



	Year Ended December 31,
	2019			2018			2017
	(In thousands)
Current federal income tax	$	10,792		$	13,347		$	2,472
Current state income tax	1,904			1,753			1,765
Deferred federal income tax	(7,621		)	(540		)	27,304
Deferred state income tax	(29		)	2,320			(29		)
Total income taxes	$	5,046		$	16,880		$	31,512



	Year Ended December 31,
	2019			2018		2017
	(In thousands)
Federal income tax at statutory rates	$	12,778		$	14,379	$	23,475
Amortization of excess deferred income tax	(8,876		)	—		—
State income tax, net of federal benefit	1,532			1,454		1,198
Federal income tax rate change	—			—		7,865
Allocation of tax expense (benefit) related to stock compensation awards	(236		)	735		(616		)
Other	(152		)	312		(410		)
Total income taxes	$	5,046		$	16,880	$	31,512



	December 31,
	2019			2018
	(In thousands)
Deferred tax assets:
Regulatory liabilities related to income taxes	$	30,238		$	33,021
Other	3,788			4,517
Total deferred tax assets	34,026			37,538
Deferred tax liabilities:
Depreciation and plant related	(142,791		)	(136,117		)
CTC	(1,466		)	(3,613		)
Regulatory assets related to income taxes	(9,016		)	(9,328		)
Loss on reacquired debt	(6,345		)	(6,617		)
Pension	(4,420		)	(4,361		)
AMS	(8,473		)	(10,030		)
Other	(1,666		)	(3,710		)
Total deferred tax liabilities	(174,177		)	(173,776		)
Net accumulated deferred income tax liabilities	$	(140,151	)	$	(136,238	)



	Year Ended
	December 31, 2019
	(In thousands)
Net change in deferred income tax liability per above table	$	3,913
Change in tax effects of income tax related regulatory assets and liabilities	(2,471		)
Amortization of excess deferred income tax	(8,876		)
Other	(216		)
Deferred income taxes (benefits)	$	(7,650	)



	PNMR		PNM		TNMP
	(In thousands)
Balance at December 31, 2016	$	6,752	$	3,949	$	—
Additions based on tax positions related to 2017	262		262		—
Additions (reductions) for tax positions of prior years	2,415		2,352		63
Settlement payments	—		—		—
Balance at December 31, 2017	9,429		6,563		63
Additions based on tax positions related to 2018	543		543		—
Additions (reductions) for tax positions of prior years	222		182		40
Settlement payments	—		—		—
Balance at December 31, 2018	10,194		7,288		103
Additions based on tax positions related to 2019	329		329		—
Additions (reductions) for tax positions of prior years	170		159		11
Settlement payments	—		—		—
Balance at December 31, 2019	$	10,693	$	7,776	$	114

Included in the balance of unrecognized tax benefits at December 31, 2019 are $10.1 million, $7.2 million, and $0.1 million that, if recognized, would affect the effective tax rate for PNMR, PNM, and TNMP. The Company does not anticipate that any unrecognized tax expenses or unrecognized tax benefits will be reduced or settled in 2020.

The Company files a federal consolidated and several consolidated and separate state income tax returns. The tax years prior to 2015 are closed to examination by either federal or state taxing authorities other than Arizona. The tax years prior to 2014 are closed to examination by Arizona taxing authorities. Other tax years are open to examination by federal and state taxing authorities and net operating loss carryforwards are open to examination for the years in which the carryforwards are utilized. At December 31, 2019, the Company has $286.6 million of federal net operating loss carryforwards that expire beginning in 2030 and $101.2 million of federal tax credit carryforwards that expire beginning in 2023. State net operating losses expire beginning in 2035 and vary from federal due to differences between state and federal tax law.

In 2013, New Mexico House Bill 641 reduced the New Mexico corporate income tax rate from 7.6% to 5.9%. The rate reduction was being phased-in from 2014 to 2018. In accordance with GAAP, PNMR and PNM adjusted accumulated deferred income taxes to reflect the tax rate at which the balances are expected to reverse during the period that includes the date of enactment, which was in the year ended December 31, 2013. At that time, the portion of the adjustment related to PNM’s regulated activities was recorded as a reduction in deferred tax liabilities and an increase in a regulatory liability, based on the assumption that PNM would be required to return the benefit to customers over time. PNM’s NM 2016 Rate Case (Note 17) reflects the benefit of the lower New Mexico corporate income tax rate being returned to customers over a three-year period beginning February 1, 2018. In addition, the portion of the adjustment that was not related to PNM’s regulated activities was recorded as a reduction in deferred tax assets and an increase in income tax expense. Changes in the estimated timing of reversals of deferred tax assets and liabilities resulted in refinements of the impacts of this change in tax rates being recorded through December 31, 2017, at which time the impacts of the rate reduction were fully phased-in. Adjustments to deferred income taxes recorded as increases (decreases) in the regulatory liability and income tax expense were as follows:

In 2008, fifty percent bonus tax depreciation was enacted as a temporary two-year stimulus measure as part of the Economic Stimulus Act of 2008. Bonus tax depreciation in various forms has been continuously extended since that time, including by the Protecting Americans from Tax Hikes Act of 2015. The 2015 act extended and phased-out bonus tax depreciation through 2019. As discussed above the Tax Act eliminated bonus depreciation for utilities effective September 28, 2017. However, in 2018 the IRS issued proposed regulations interpreting Tax Act amendments to depreciation provisions of the IRC which allowed the Company to claim a bonus depreciation deduction on certain construction projects placed in service after the third quarter of 2017. As a result of the net operating loss carryforwards for income tax purposes created by bonus depreciation, certain tax carryforwards were not expected to be utilized before their expiration. In addition, as a result of Tax Act changes to the deductibility of officer compensation, certain deferred tax benefits related to compensation are not expected to be realized. In accordance with GAAP, the Company has impaired the deferred tax assets for tax carryforwards which are not expected to be utilized and for compensation that is not expected to be deductible.



	PNMR			PNM			TNMP
	(In thousands)
December 31, 2019:
State tax credit carryforwards	$	425		$	—		$	—
State net operating loss carryforwards	$	—		$	—		$	—
Charitable contribution carryforwards	$	—		$	—		$	—
Compensation expense	$	(99	)	$	(100	)	$	2
December 31, 2018:
State tax credit carryforwards	$	—		$	—		$	—
State net operating loss carryforwards	$	—		$	—		$	—
Charitable contribution carryforwards	$	—		$	—		$	—
Compensation expense	$	410		$	298		$	111
December 31, 2017:
State tax credit carryforwards	$	—		$	—		$	—
State net operating loss carryforwards	$	819		$	627		$	—
Charitable contribution carryforwards	$	909		$	—		$	—

The impairments of unexpired state tax credits, state net operating loss, and charitable contribution carryforwards are reflected as a valuation allowance against deferred tax assets. The reserve balances, after reflecting expiration of carryforwards under applicable tax laws, at December 31, 2019 and 2018 are as follows:



	PNMR		PNM		TNMP
	(In thousands)
December 31, 2019:
State tax credit carryforwards	$	425	$	—	$	—
State net operating loss carryforwards	$	—	$	—	$	—
Charitable contribution carryforwards	$	—	$	—	$	—
Compensation expense	$	311	$	198	$	113
December 31, 2018:
State tax credit carryforwards	$	—	$	—	$	—
State net operating loss carryforwards	$	—	$	—	$	—
Charitable contribution carryforwards	$	—	$	—	$	—
Compensation expense	$	410	$	298	$	111