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INCOME TAXES
12 Months Ended
Dec. 31, 2022
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXESSouthern 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:
2022
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern Power Southern Company Gas
(in millions)
Federal —
Current$10 $54 $38 $42 $(43)$122 
Deferred455 259 152 (16)56 (3)
465 313 190 26 13 119 
State —
Current27 14 (21) 2 42 
Deferred303 96 201 11 5 19 
330 110 180 11 7 61 
Total$795 $423 $370 $37 $20 $180 
2021
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Federal —
Current$50 $104 $311 $25 $(340)$85 
Deferred36 172 (449)(15)343 35 
86 276 (138)10 120 
State —
Current(25)23 71 — (16)(68)
Deferred206 73 (101)11 — 223 
181 96 (30)11 (16)155 
Total$267 $372 $(168)$21 $(13)$275 
2020
Southern CompanyAlabama PowerGeorgia
Power
Mississippi
Power
Southern PowerSouthern Company Gas
(in millions)
Federal —
Current$199 $198 $365 $18 $(303)$82 
Deferred70 44 (224)(14)299 53 
269 242 141 (4)135 
State —
Current100 61 60 — (4)35 
Deferred24 34 (49)10 11 
124 95 11 10 38 
Total$393 $337 $152 $14 $$173 
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 $17 million for 2022, $6 million for 2021, and $5 million for 2020. Southern Power received $49 million, $289 million, and $340 million of cash related to federal ITCs
under renewable energy initiatives in 2022, 2021, and 2020, 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 2022, 2021, and 2020 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)
2022$83 $58 
202184 58 
202084 59 
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 $53 million in 2022, $66 million in 2021, and $67 million in 2020.
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 $27 million in 2022, $16 million in 2021, and $15 million in 2020.
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:
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 %
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)— 
ITC amortization(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 %
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, 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 costs 805 185 548 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 
December 31, 2021
Southern CompanyAlabama PowerGeorgia
Power
Mississippi PowerSouthern PowerSouthern Company Gas
(in millions)
Deferred tax liabilities —
Accelerated depreciation$9,300 $2,541 $3,340 $330 $1,421 $1,428 
Property basis differences2,301 1,182 781 169 — 148 
Federal effect of net state deferred tax assets— — — 22 — — 
Leveraged lease basis differences61 — — — — — 
Employee benefit obligations820 268 382 41 11 57 
AROs868 329 494 — — — 
Under recovered fuel and natural gas costs315 47 109 15 — 144 
Regulatory assets –
AROs2,232 863 1,325 44 — — 
Storm damage reserves18 — 18 — — — 
Employee benefit obligations825 205 256 38 — 15 
Remaining book value of retired assets271 145 121 — — 
Premium on reacquired debt72 10 62 — — — 
Other368 147 77 34 14 82 
Total deferred income tax liabilities17,451 5,737 6,965 698 1,446 1,874 
Deferred tax assets —
AROs3,100 1,192 1,819 44 — — 
ITC and PTC carryforwards1,750 12 704 — 827 — 
Employee benefit obligations1,035 225 342 57 77 
Estimated loss on plants under construction825 — 825 — — — 
Other state deferred tax attributes361 — 11 246 52 
Federal effect of net state deferred tax liabilities305 165 41 — 27 93 
Other property basis differences231 — 90 — 121 — 
State effect of federal deferred taxes135 135 — — — — 
Other partnership basis differences160 — — — 160 — 
Regulatory liability associated with the Tax Reform Legislation (not subject to normalization)268 237 19 12 — — 
Long-term debt fair value adjustment91 — — — — 91 
Other comprehensive losses92 15 — 11 — 
Other561 193 153 34 53 62 
Total deferred income tax assets8,914 2,164 4,019 393 1,258 328 
Valuation allowance(207)— (73)(41)(27)(9)
Net deferred income tax assets8,707 2,164 3,946 352 1,231 319 
Net deferred income taxes (assets)/liabilities$8,744 $3,573 $3,019 $346 $215 $1,555 
Recognized in the balance sheets:
Accumulated deferred income taxes – assets$(118)$ $ $(118)$ $ 
Accumulated deferred income taxes – liabilities$8,862 $3,573 $3,019 $464 $215 $1,555 
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, 2022 and 2021.
Tax Credit Carryforwards
Federal ITC/PTC carryforwards at December 31, 2022 were as follows:
Southern CompanyAlabama
Power
Georgia
Power
Southern
Power
(in millions)
Federal ITC/PTC carryforwards$1,148 $12 $135 $794 
Tax year in which federal ITC/PTC carryforwards begin expiring2031203220312035
Year by which federal ITC/PTC carryforwards are expected to be utilized2026202520252026
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, an increase in Georgia Power's ownership interest percentage in Plant Vogtle Units 3 and 4, changes in taxable income projections, and potential income tax rate changes. See Note 2 under "Georgia Power – Nuclear Construction" for additional information on Plant Vogtle Units 3 and 4.
At December 31, 2022, Georgia Power also had approximately $434 million in net state investment and other net state tax credit carryforwards for the State of Georgia that will expire between tax years 2022 and 2031 and are not expected to be fully utilized. Georgia Power has a net state valuation allowance of $98 million associated with these carryforwards.
The ultimate outcome of these matters cannot be determined at this time.
Net Operating Loss Carryforwards
At December 31, 2022, 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 $189 2031
Southern Power
Oklahoma27 2035
Florida10 2034
Other statesVarious
Southern Power Total$40 
Other(*)
Georgia23 2042
New York11 2036
New York City14 2036
Other states21 Various
Southern Company Total$298 
(*)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, 2022.
State NOLs for Mississippi, Oklahoma, and Florida are not expected to be fully utilized prior to expiration. At December 31, 2022, 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 $25 million for the New York and New York City NOLs.
The ultimate outcome of these matters cannot be determined at this time.
Unrecognized Tax Benefits
Changes in unrecognized tax benefits for the periods presented were as follows:
Southern CompanySouthern
Company Gas
(in millions)
Unrecognized tax benefits at December 31, 2019$— $— 
Tax positions changes – increase from prior periods44 — 
Unrecognized tax benefits at December 31, 2020$44 $— 
Tax positions changes – increase from prior periods— 
Unrecognized tax benefits at December 31, 2021$47 $— 
Tax positions changes – increase from prior periods33 32 
Unrecognized tax benefits at December 31, 2022$80 $32 
The unrecognized tax positions increase from prior periods for 2020 primarily relates to a 2019 state tax filing position to exclude certain gains from 2019 dispositions from taxation in a certain unitary state. It is possible that this position will be resolved in the next 12 months, and if accepted by the state, this position would decrease Southern Company's annual effective tax rate.
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.
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 2021. 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.