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INCOME TAXES
12 Months Ended
Dec. 31, 2020
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.
Federal Tax Reform Legislation
Following the enactment of the Tax Reform Legislation, the SEC staff issued Staff Accounting Bulletin 118 – "Income Tax Accounting Implications of the Tax Cuts and Jobs Act" (SAB 118), which provided for a measurement period of up to one year from the enactment date to complete accounting under GAAP for the tax effects of the legislation. Following the 2017 tax return filing in the fourth quarter 2018, each of the Registrants considered the measurement of impacts from the Tax Reform Legislation on deferred income tax assets and liabilities, primarily due to the impact of the reduction of the corporate income tax rate, to be complete as of December 31, 2018.
Current and Deferred Income Taxes
Details of income tax provisions are as follows:
2020
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern Power Southern Company Gas
(in millions)
Federal —
Current$199 $198 $365 $18 $(303)$82 
Deferred70 44 (224)(14)299 53 
269 242 141 4 (4)135 
State —
Current100 61 60  (4)35 
Deferred24 34 (49)10 11 3 
124 95 11 10 7 38 
Total$393 $337 $152 $14 $3 $173 
2019
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Federal —
Current$156 $61 $264 $(6)$(717)$(120)
Deferred1,237 125 180 26 647 195 
1,393 186 444 20 (70)75 
State —
Current275 12 (1)37 
Deferred130 72 22 11 13 18 
405 84 28 10 14 55 
Total$1,798 $270 $472 $30 $(56)$130 
2018
Southern CompanyAlabama PowerGeorgia
Power
Mississippi
Power
Southern PowerSouthern Company Gas
(in millions)
Federal —
Current$167 $91 $393 $(567)$85 $334 
Deferred231 123 (249)575 (154)33 
398 214 144 (69)367 
State —
Current188 26 81 (10)(9)131 
Deferred(137)51 (11)(100)(86)(34)
51 77 70 (110)(95)97 
Total$449 $291 $214 $(102)$(164)$464 
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 2020, $51 million for 2019,
and $128 million for 2018. Southern Power received $340 million, $734 million, and $5 million of cash related to federal ITCs under renewable energy initiatives in 2020, 2019, and 2018, respectively. See "Deferred Tax Assets and Liabilities" and "Tax Credit Carryforwards" herein for additional information.
In accordance with regulatory requirements, deferred federal ITCs for the traditional electric operating companies are deferred and 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 deferred and amortized to income tax expense over the life of the respective asset. ITCs amortized in 2020, 2019, and 2018 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)
2020$84 $59 
2019181 151 
201887 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. The tax benefit of the related basis differences reduced income tax expense by $5 million and $1 million in 2019 and 2018, respectively.
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 $67 million in 2020, $51 million in 2019, and $21 million in 2018.
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 $15 million in 2020, $12 million in 2019, and $141 million in 2018.
Legal Entity Reorganizations
In 2018, Southern Power completed the final stage of a legal entity reorganization of various direct and indirect subsidiaries that own and operate substantially all of its solar facilities, including certain subsidiaries owned in partnership with various third parties, and also completed a legal entity reorganization of eight operating wind facilities under a new holding company, SP Wind. The reorganizations resulted in net state tax benefits related to certain changes in apportionment rates totaling approximately $65 million, which were recorded in 2018.
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.
A reconciliation of the federal statutory income tax rate to the effective income tax rate is as follows:
2020
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 deduction2.8 5.0 0.5 4.8 2.7 4.0 
Employee stock plans' dividend deduction(0.7)     
Non-deductible book depreciation0.7 0.6 0.8 0.5   
Flowback of excess deferred income taxes(8.8)(3.1)(12.0)(18.5) (2.7)
AFUDC-Equity(0.8)(0.6)(1.1)(0.1)  
Federal PTCs    (2.5) 
Amortization of ITC(1.6)(0.1)(0.1)(0.1)(22.1)(0.1)
Noncontrolling interests    3.1  
Leveraged lease impairments(1.6)     
Other0.2 (0.3)(0.3)0.9 (0.9)0.5 
Effective income tax (benefit) rate11.2 %22.5 %8.8 %8.5 %1.3 %22.7 %
2019
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 deduction4.9 4.9 1.0 4.3 4.0 6.1 
Employee stock plans' dividend deduction(0.4)— — — — — 
Non-deductible book depreciation0.3 0.6 0.5 0.4 — — 
Flowback of excess deferred income taxes(2.1)(5.3)— (12.6)— (6.0)
AFUDC-Equity(0.4)(0.8)(0.6)(0.1)— — 
ITC basis difference(0.1)— — — (1.9)— 
Amortization of ITC(0.8)(0.1)(0.1)(0.1)(16.1)(0.1)
Tax impact from sale of subsidiaries5.1 — — — (27.6)(1.4)
Noncontrolling interests— — — — 0.8 — 
Other— (0.4)(0.3)4.9 (0.6)(1.4)
Effective income tax (benefit) rate27.5 %19.9 %21.5 %17.8 %(20.4)%18.2 %
2018
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 deduction1.8 5.0 5.5 (65.1)(90.8)9.2 
Employee stock plans' dividend deduction(1.0)— — — — — 
Non-deductible book depreciation0.8 0.6 1.2 0.7 — — 
Flowback of excess deferred income taxes(4.0)(1.8)— (4.1)— (3.0)
AFUDC-Equity(1.0)(1.0)(1.4)— — — 
ITC basis difference(0.6)— — — (0.2)— 
Federal PTCs(4.7)— — — (156.6)— 
Amortization of ITC(2.0)(0.1)(0.2)(0.2)(55.4)(0.1)
Tax impact from sale of subsidiaries8.6 — — — — 28.5 
Tax Reform Legislation(1.4)— (4.9)(26.3)96.1 (0.4)
Noncontrolling interests(0.4)— — — (14.9)— 
Other(0.8)(0.1)0.1 (1.4)2.0 0.3 
Effective income tax (benefit) rate16.3 %23.6 %21.3 %(75.4)%(198.8)%55.5 %
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, 2020
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Deferred tax liabilities —
Accelerated depreciation$8,950 $2,453 $3,228 $319 $1,389 $1,349 
Property basis differences1,999 1,010 689 148 — 135 
Federal effect of net state deferred tax assets— — — 25 — — 
Leveraged lease basis differences142 — — — — — 
Employee benefit obligations739 250 362 39 12 26 
Premium on reacquired debt78 12 66 — — — 
Regulatory assets –
Storm damage reserves80 — 80 — — — 
Employee benefit obligations1,313 348 438 62 — 45 
Remaining book value of retired assets270 123 141 — — 
AROs1,969 764 1,165 40 — — 
AROs804 328 429 — — — 
Other437 128 82 66 12 138 
Total deferred income tax liabilities16,781 5,416 6,680 705 1,413 1,693 
Deferred tax assets —
Federal effect of net state deferred tax liabilities284 151 59 — 26 70 
State effect of federal deferred taxes126 126 — — — — 
Employee benefit obligations1,511 369 522 80 100 
Other property basis differences223 — 72 — 134 — 
ITC and PTC carryforward1,853 12 539 — 1,110 — 
Long-term debt fair value adjustment86 — — — — 86 
Other partnership basis difference166 — — — 166 — 
Other comprehensive losses128 17 — 25 — 
AROs2,773 1,092 1,594 40 — — 
Estimated loss on plants under construction369 — 369 — — — 
Other deferred state tax attributes357 — 250 68 10 
Regulatory liability associated with the Tax Reform Legislation (not subject to normalization)338 243 76 19 — — 
Other660 143 186 39 52 166 
Total deferred income tax assets8,874 2,143 3,443 428 1,587 432 
Valuation allowance(136)— (35)(41)(35)(4)
Net deferred income tax assets8,738 2,143 3,408 387 1,552 428 
Net deferred income taxes (assets)/liabilities$8,043 $3,273 $3,272 $318 $(139)$1,265 
Recognized in the balance sheets:
Accumulated deferred income taxes – assets$(132)$ $ $(129)$(262)$ 
Accumulated deferred income taxes – liabilities$8,175 $3,273 $3,272 $447 $123 $1,265 
December 31, 2019
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Deferred tax liabilities —
Accelerated depreciation$8,711 $2,402 $3,058 $315 $1,422 $1,288 
Property basis differences1,843 912 643 143 — 133 
Federal effect of net state deferred tax assets— — — 24 — — 
Leveraged lease basis differences236 — — — — — 
Employee benefit obligations704 242 351 38 12 12 
Premium on reacquired debt83 13 70 — — — 
Regulatory assets –
Storm damage reserves109 — 109 — — — 
Employee benefit obligations1,174 311 403 55 — 45 
Remaining book value of retired assets341 174 159 — — 
AROs1,723 613 1,066 44 — — 
AROs814 360 405 — — — 
Other523 134 81 68 11 198 
Total deferred income tax liabilities16,261 5,161 6,345 695 1,445 1,676 
Deferred tax assets —
Federal effect of net state deferred tax liabilities277 162 63 — 24 56 
Employee benefit obligations1,385 334 488 72 111 
Other property basis differences230 — 65 — 146 — 
ITC and PTC carryforward2,098 11 435 — 1,445 — 
Long-term debt fair value adjustment97 — — — — 97 
Other partnership basis difference169 — — — 169 — 
Other comprehensive losses112 18 — 10 — 
AROs2,537 973 1,471 44 — — 
Estimated loss on plants under construction283 — 283 — — — 
Other deferred state tax attributes402 — 13 251 72 
Regulatory liability associated with the Tax Reform Legislation (not subject to normalization)401 240 133 28 — — 
Other689 173 154 56 46 190 
Total deferred income tax assets8,680 1,901 3,123 451 1,917 462 
Valuation allowance(137)— (35)(41)(36)(5)
Net deferred income tax assets8,543 1,901 3,088 410 1,881 457 
Net deferred income taxes (assets)/liabilities$7,718 $3,260 $3,257 $285 $(436)$1,219 
Recognized in the balance sheets:
Accumulated deferred income taxes – assets$(170)$ $ $(139)$(551)$ 
Accumulated deferred income taxes – liabilities$7,888 $3,260 $3,257 $424 $115 $1,219 
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, 2020 and 2019.
Tax Credit Carryforwards
Federal ITC/PTC carryforwards at December 31, 2020 were as follows:
Southern CompanyAlabama
Power
Georgia
Power
Southern
Power
(in millions)
Federal ITC/PTC carryforwards$1,428 $12 $114 $1,110 
Tax Year in which federal ITC/PTC carryforwards begin expiring2031203220312035
Year by which federal ITC/PTC carryforwards are expected to be utilized2024202320232024
The estimated tax credit utilization reflects the various sale transactions described in Note 15 and could be further delayed by numerous factors, including the acquisition of additional renewable projects, the purchase of rights to additional PTCs of Plant Vogtle Units 3 and 4 pursuant to certain joint ownership agreements, potential impacts of the COVID-19 pandemic, and changes in taxable income projections. See Note 2 under "Georgia Power – Nuclear Construction" for additional information on Plant Vogtle Units 3 and 4.
At December 31, 2020, Georgia Power also had approximately $343 million in net state investment and other net state tax credit carryforwards for the State of Georgia that will expire between tax years 2021 and 2030 and are not expected to be fully utilized. Georgia Power has a net state valuation allowance of $28 million associated with these carryforwards.
The ultimate outcome of these matters cannot be determined at this time.
Net Operating Loss Carryforwards
At December 31, 2020, 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
Mississippi Power
Mississippi $200 2031
Southern Power
Oklahoma39 2035
Florida11 2034
South Carolina2036
Other statesVarious
Southern Power Total$53 
Other(*)
New York11 2035
New York City14 2035
Other states21 Various
Southern Company Total$299 
(*)Represents other Southern Company subsidiaries. Alabama Power, Georgia Power, and Southern Company Gas did not have material state or local NOL carryforwards at December 31, 2020.
State NOLs for Mississippi, Oklahoma, and Florida are not expected to be fully utilized prior to expiration. At December 31, 2020, Mississippi Power had a net state valuation allowance of $32 million for the Mississippi NOL and Southern Power had net state valuation allowances of $16 million for the Oklahoma NOL and $11 million for the Florida NOL.
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
(in millions)
Unrecognized tax benefits at December 31, 2017
$18 
Tax position changes – decrease from prior periods(18)
Unrecognized tax benefits at December 31, 2018 and 2019$— 
Tax positions changes – increase from prior periods44 
Unrecognized tax benefits at December 31, 2020
$44 
The unrecognized tax positions increase from prior periods for 2020 and the balance of unrecognized tax benefits at December 31, 2020 relate to a 2019 state tax filing position to exclude certain gains from 2019 dispositions from taxation in a certain unitary state. If accepted by the state, this position would decrease Southern Company's annual effective tax rate. The ultimate outcome of this unrecognized tax benefit is dependent on completion of the related state audit, which is not expected to be resolved within the next 12 months.
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 2019. Southern Company is a participant in the Compliance Assurance Process of the IRS. 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.