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INCOME TAXES
12 Months Ended
Dec. 31, 2019
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
Income tax expense (benefit) consisted of the following:
 
Federal
 
State
 
Total
2019
 

 
 

 
 

Current
$

 
$
3

 
$
3

Deferred
15,582

 
2,086

 
17,668

Total
$
15,582

 
$
2,089

 
$
17,671

2018
 

 
 

 
 

Current
$

 
$
3

 
$
3

Deferred
15,995

 
(126
)
 
15,869

Total
$
15,995

 
$
(123
)
 
$
15,872

2017
 

 
 

 
 

Current
$

 
$
3

 
$
3

Deferred
35,881

 
943

 
36,824

Total income tax
$
35,881

 
$
946

 
$
36,827


The Company's 2019, 2018 and 2017 qualified tax repairs and maintenance deductions totaled $70.0 million, $102.0 million, and $85.9 million, respectively.
The total federal NOL carry-forward was $57.3 million and the state of California NOL carry-forward was $95.2 million as of December 31, 2019. Management has concluded that the NOL carry-forward amounts are more likely than not to be recovered and therefore require no valuation allowance. The loss and credit carry-forward will begin to expire in 2027.
As of December 31, 2019, the California Enterprise Zone (EZ) credit was $4.2 million net of federal tax benefit for qualified property purchased before January 1, 2015, and placed in service before January 1, 2016. The Company has carry-forward California EZ credits of $2.2 million net of any unrecognized tax benefit. Unused State of California EZ credits can carry-forward until 2024.
The difference between the recorded and the statutory income tax expense is reconciled in the table below:
 
2019
 
2018
 
2017
Statutory income tax
$
16,965

 
$
17,105

 
$
38,419

Increase (reduction) in taxes due to:
 

 
 

 
 

State income taxes net of federal tax benefit
5,639

 
5,685

 
6,017

Effect of regulatory treatment of fixed asset differences
(3,696
)
 
(5,954
)
 
(4,584
)
Investment tax credits
(74
)
 
(74
)
 
(74
)
AFUDC equity
(1,870
)
 
(1,106
)
 
(1,528
)
Share base stock compensation
302

 
(278
)
 
(581
)
Other
405

 
494

 
(842
)
Total income tax
$
17,671

 
$
15,872

 
$
36,827


The effect of regulatory treatment of fixed asset differences includes estimated repair and maintenance deductions and asset related flow through items.
On December 22, 2017, the U.S. government enacted expansive tax legislation commonly referred to as the TCJA. Among other provisions, the TCJA reduces the federal income tax rate from 35 percent to 21 percent beginning on January 1, 2018 and eliminated bonus depreciation for utilities. The TCJA required the Company to re-measure all existing deferred income tax assets and liabilities to reflect the reduction in the federal tax rate. The Company adjusted and recorded the impacts of the TCJA in accordance with rules issued by the SEC in Staff Accounting Bulletin No. 118, for the re-measurement of deferred tax balances as of December 31, 2017.
A TCJA refund of $108.0 million was recorded as a provisional estimate on December 31, 2017. During the year of 2019, the Company further analyzed its deferred tax balances, tax regulatory asset and tax regulatory liability. As a result, the TCJA refund was $121.0 million, with gross up $47.0 million, total regulatory liabilities for TCJA was $168.0 million as of December 31, 2019. The Company continued working with state regulators to finalize the ratepayer net refund of $121.0 million to ensure compliance with federal normalization rules. Changes in interpretations, guidance on legislative intent, and any changes in accounting standards for income taxes in response to the TCJA could impact the recorded amounts.











The deferred tax assets and deferred tax liabilities as of December 31, 2019 and 2018, are presented in the following table:
 
2019
 
2018
Deferred tax assets:
 

 
 

Developer deposits for extension agreements and contributions in aid of construction
$
25,114

 
$
39,074

Net operating loss carryforward and tax credits
11,029

 
8,257

Pension liability
10,095

 
8,725

Income tax regulatory liability
47,196

 
44,072

Operating leases liabilities
4,024

 

Other
2,975

 
4,273

Total deferred tax assets
100,433

 
104,401

Deferred tax liabilities:
 

 
 

Property related basis and depreciation differences
297,470

 
288,544

WRAM/MCBA and interim rates balancing accounts
17,771

 
26,348

Operating lease-right to use asset
4,030

 

Other
3,752

 
2,542

Total deferred tax liabilities
323,023

 
317,434

Net deferred tax liabilities
$
222,590

 
$
213,033


The developer deposits for extension agreements and contributions in aid of construction (CIAC) decreased as compared to 2018 due to the method change in extension agreement tax treatment. For extension agreements, all developer deposits for service are taxable prior to 2019 for both federal and CA income tax purposes. The Company filed a method change with the IRS and received approval in 2019 to treat the extension agreement receipt from developer as a loan effective January 1, 2019. The state of California conformed with the IRS method change. For CIAC, all receipts from developers are taxable after TCJA for federal tax purpose. Only receipts for services are taxable for the state of California.
A valuation allowance was not required at December 31, 2019 and 2018. Based on historical taxable income and future taxable income projections over the period in which the deferred assets are deductible, management believes it is more likely than not that the Company will realize the benefits of the deductible differences.
The following table reconciles the changes in unrecognized tax benefits:
 
December 31, 2019
 
December 31, 2018
 
December 31, 2017
Balance at beginning of year
$
9,716

 
$
11,058

 
$
10,499

Additions for tax positions taken during current year
1,292

 
1,787

 
559

Reduction to prior year tax position

 
(3,129
)
 

Balance at end of year
$
11,008

 
$
9,716

 
$
11,058


The Company does not expect a material change in its unrecognized tax benefits within the next 12 months. The component of unrecognized tax benefits that, if recognized, would affect the effective tax rate as of December 31, 2019, was $3.1 million, with the remaining balance representing the potential deferral of taxes to later years.
The Company's federal income tax years subject to an examination are from 2013 to 2019 and the state income tax years subject to an examination are from 2012 to 2019.