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Income Taxes
12 Months Ended
Dec. 31, 2014
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.
Entergy Arkansas [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.
Entergy Gulf States Louisiana [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.
Entergy Louisiana [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.
Entergy Mississippi [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.
Entergy New Orleans [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.
Entergy Texas [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.
System Energy [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Gulf States Louisiana, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes from continuing operations for 2014, 2013, and 2012 for Entergy Corporation and Subsidiaries consist of the following:
 
2014
 
2013
 
2012
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$90,061

 

$88,291

 

($47,851
)
Foreign
90

 
101

 
143

State
(12,637
)
 
20,584

 
(41,516
)
Total
77,514

 
108,976

 
(89,224
)
Deferred and non-current - net
528,326

 
126,935

 
131,130

Investment tax credit adjustments - net
(16,243
)
 
(9,930
)
 
(11,051
)
Income tax expense from continuing operations

$589,597

 

$225,981

 

$30,855



Income taxes for 2014, 2013, and 2012 for Entergy’s Registrant Subsidiaries consist of the following:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($3,857
)
 

($41,052
)
 

$8,103

 

($1,924
)
 

$48,610

 

$19,908

State
 
(678
)
 
(769
)
 
(422
)
 
7,474

 
520

 
4,877

 
15,379

Total
 
(34,936
)
 
(4,626
)
 
(41,474
)
 
15,577

 
(1,404
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
96,446

 
140,348

 
42,305

 
13,952

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(3,038
)
 
(2,604
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($13,574
)
 

$12,176

 

($30,973
)
 

$2,498

 

$15,017

 

$37,199

 

($6,199
)
State
 
6,122

 
(9,939
)
 
(5,692
)
 
4,849

 
(1,221
)
 
(843
)
 
15,845

Total
 
(7,452
)
 
2,237

 
(36,665
)
 
7,347

 
13,796

 
36,356

 
9,646

Deferred and non-current - net
 
101,253

 
57,620

 
121,416

 
41,150

 
(11,952
)
 
(4,639
)
 
60,614

Investment tax credit adjustments - net
 
(2,014
)
 
(3,038
)
 
(2,874
)
 
1,260

 
(225
)
 
(1,609
)
 
(1,407
)
Income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$64,069

 

($66,081
)
 

($132,999
)
 

$3,188

 

($9,484
)
 

($114,677
)
 

($50,491
)
State
 
6,712

 
9,535

 
(1,269
)
 
(4,425
)
 
(1,617
)
 
4,933

 
(8,544
)
Total
 
70,781

 
(56,546
)
 
(134,268
)
 
(1,237
)
 
(11,101
)
 
(109,744
)
 
(59,035
)
Deferred and non-current - net
 
26,042

 
112,390

 
8,463

 
59,045

 
18,586

 
144,471

 
137,832

Investment tax credit adjustments - net
 
(2,017
)
 
(3,228
)
 
(3,117
)
 
871

 
(245
)
 
(1,609
)
 
(1,682
)
Income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115



Total income taxes for Entergy Corporation and Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before income taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
 
2014
 
2013
 
2012
 
(In Thousands)
Net income attributable to Entergy Corporation

$940,721

 

$711,902

 

$846,673

Preferred dividend requirements of subsidiaries
19,536

 
18,670

 
21,690

Consolidated net income
960,257

 
730,572

 
868,363

Income taxes
589,597

 
225,981

 
30,855

Income before income taxes

$1,549,854

 

$956,553

 

$899,218

Computed at statutory rate (35%)

$542,449

 

$334,794

 

$314,726

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
44,708

 
13,599

 
40,699

Regulatory differences - utility plant items
39,321

 
32,324

 
35,527

Equity component of AFUDC
(21,108
)
 
(22,356
)
 
(30,838
)
Amortization of investment tax credits
(12,211
)
 
(13,535
)
 
(14,000
)
Flow-through / permanent differences
(18,003
)
 
(301
)
 
(14,801
)
Net-of-tax regulatory liability

 
(2,899
)
 
(4,356
)
New York tax law change
(21,500
)
 

 

Deferred tax asset on additional depreciation (a)

 

 
(155,300
)
Termination of business reorganization

 
(27,192
)
 

Write-off of regulatory asset for income taxes

 

 
42,159

Capital losses

 

 
(20,188
)
Provision for uncertain tax positions (b)
32,573

 
(59,249
)
 
(159,957
)
Valuation allowance

 
(31,573
)
 

Other - net
3,368

 
2,369

 
(2,816
)
Total income taxes as reported

$589,597

 

$225,981

 

$30,855

Effective Income Tax Rate
38.0
%
 
23.6
%
 
3.4
%

(a)
See “Income Tax Audits - 2004-2005 IRS Audit” below for discussion of this item.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items in 2013 and 2012.

In March 2014, New York enacted legislation that substantially modifies various aspects of New York tax law. The most significant effect of the legislation for Entergy is the adoption of full water's-edge unitary combined reporting, meaning that all of Entergy's domestic entities will be included in New York's combined filing group. The effect of the tax law change resulted in a deferred state income tax reduction of approximately $21.5 million as shown in the table above.

Total income taxes for the Registrant Subsidiaries differ from the amounts computed by applying the statutory income tax rate to income before taxes.  The reasons for the differences for the years 2014, 2013, and 2012 are:
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$162,491

 

$283,531

 

$74,821

 

$28,707

 

$74,804

 

$96,334

Income taxes
 
83,629

 
88,782

 
96,270

 
55,710

 
12,324

 
49,644

 
83,310

Pretax income
 

$205,021

 

$251,273

 

$379,801

 

$130,531

 

$41,031

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$87,946

 

$132,930

 

$45,686

 

$14,361

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
9,591

 
6,532

 
5,134

 
5,180

 
1,643

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
4,618

 
2,869

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(2,602
)
 
(12,010
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(3,018
)
 
(2,576
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
799

 
(1,024
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(10,590
)
 
(30,665
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
4,108

 
1,228

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
989

 
384

 
216

 
134

 
233

 
109

Total income taxes
 

$83,629

 

$88,782

 

$96,270

 

$55,710

 

$12,324

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
35.3
%
 
25.3
%
 
42.7
%
 
30.0
%
 
39.9
%
 
46.4
%


2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$161,948

 

$161,662

 

$252,464

 

$82,159

 

$11,683

 

$57,881

 

$113,664

Income taxes
 
91,787

 
56,819

 
81,877

 
49,757

 
1,619

 
30,108

 
68,853

Pretax income
 

$253,735

 

$218,481

 

$334,341

 

$131,916

 

$13,302

 

$87,989

 

$182,517

Computed at statutory rate (35%)
 

$88,807

 

$76,468

 

$117,019

 

$46,171

 

$4,656

 

$30,796

 

$63,881

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
10,954

 
7,719

 
11,365

 
4,564

 
1,012

 
(897
)
 
5,900

Regulatory differences - utility plant items
 
7,938

 
4,865

 
2,140

 
2,603

 
453

 
3,256

 
11,070

Equity component of AFUDC
 
(3,820
)
 
(2,822
)
 
(10,278
)
 
(764
)
 
(322
)
 
(1,626
)
 
(2,724
)
Amortization of investment tax credits
 
(1,989
)
 
(3,018
)
 
(2,846
)
 
(260
)
 
(216
)
 
(1,596
)
 
(3,476
)
Flow-through / permanent differences
 
2,540

 
2,377

 
1,269

 
1,702

 
(4,402
)
 
2,467

 
(491
)
Net-of-tax regulatory liability
 

 

 
(2,899
)
 

 

 

 

Termination of business reorganization
 
(6,753
)
 
(3,619
)
 
(3,834
)
 
(4,177
)
 
(501
)
 
(3,542
)
 
(13
)
Non-taxable dividend income
 

 
(9,612
)
 
(27,341
)
 

 

 

 

Provision for uncertain tax positions
 
(6,527
)
 
(15,557
)
 
(3,088
)
 
(326
)
 
795

 
1,027

 
(5,353
)
Other - net
 
637

 
18

 
370

 
244

 
144

 
223

 
59

Total income taxes
 

$91,787

 

$56,819

 

$81,877

 

$49,757

 

$1,619

 

$30,108

 

$68,853

Effective Income Tax Rate
 
36.2
%
 
26.0
%
 
24.5
%
 
37.7
%
 
12.2
%
 
34.2
%
 
37.7
%


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Net income
 

$152,365

 

$158,977

 

$281,081

 

$46,768

 

$17,065

 

$41,971

 

$111,866

Income taxes (benefit)
 
94,806

 
52,616

 
(128,922
)
 
58,679

 
7,240

 
33,118

 
77,115

Pretax income
 

$247,171

 

$211,593

 

$152,159

 

$105,447

 

$24,305

 

$75,089

 

$188,981

Computed at statutory rate (35%)
 

$86,510

 

$74,058

 

$53,256

 

$36,906

 

$8,507

 

$26,281

 

$66,143

Increases (reductions) resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,282

 
5,087

 
1,976

 
3,944

 
505

 
3,115

 
6,652

Regulatory differences - utility plant items
 
6,778

 
8,472

 
312

 
2,619

 
2,289

 
3,668

 
11,389

Equity component of AFUDC
 
(2,495
)
 
(3,042
)
 
(12,919
)
 
(1,383
)
 
(276
)
 
(1,587
)
 
(9,136
)
Amortization of investment tax credits
 
(1,992
)
 
(3,204
)
 
(3,089
)
 
(264
)
 
(240
)
 
(1,596
)
 
(3,480
)
Net-of-tax regulatory liability
 

 

 
(4,356
)
 

 

 

 

Flow-through / permanent differences
 
3,427

 
(7,646
)
 
1,397

 
1,961

 
(4,385
)
 
1,585

 
(357
)
Non-taxable dividend income
 

 
(9,836
)
 
(27,336
)
 

 

 

 

Expense (benefit) of Entergy Corporation expenses
 
(19,403
)
 
(17,703
)
 

 
14,449

 
2,758

 

 
(10,241
)
Provision for uncertain tax positions
 
11,227

 
8,745

 
(143,583
)
 
870

 
(2,095
)
 
1,651

 
17,966

Change in regulatory recovery
 

 
(553
)
 
7,854

 

 

 

 

Other - net
 
(528
)
 
(1,762
)
 
(2,434
)
 
(423
)
 
177

 
1

 
(1,821
)
Total income taxes
 

$94,806

 

$52,616

 

($128,922
)
 

$58,679

 

$7,240

 

$33,118

 

$77,115

Effective Income Tax Rate
 
38.4
%
 
24.9
%
 
(84.7
%)
 
55.6
%
 
29.8
%
 
44.1
%
 
40.8
%


Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2014 and 2013 are as follows:
 
 
2014
 
2013
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($8,128,096
)
 

($7,941,319
)
Regulatory assets
(922,161
)
 
(922,312
)
Nuclear decommissioning trusts
(1,248,737
)
 
(1,100,439
)
Pension, net funding
(324,881
)
 
(299,951
)
Combined unitary state taxes
(162,340
)
 
(183,934
)
Power purchase agreements
(110,889
)
 
(8,096
)
Other
(500,424
)
 
(404,749
)
Total
(11,397,528
)
 
(10,860,800
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
874,493

 
754,828

Regulatory liabilities
458,230

 
403,370

Pension and other post-employment benefits
586,455

 
469,190

Sale and leaseback
153,308

 
176,119

Compensation
74,692

 
125,552

Accumulated deferred investment tax credit
100,442

 
106,777

Provision for allowances and contingencies
160,551

 
66,026

Net operating loss carryforwards
457,758

 
548,756

Capital losses and miscellaneous tax credits
12,146

 
13,140

Valuation allowance
(27,387
)
 
(28,146
)
Other
58,334

 
109,606

Total
2,909,022

 
2,745,218

Noncurrent accrued taxes (including unrecognized tax benefits)
(606,560
)
 
(400,276
)
Accumulated deferred income taxes and taxes accrued

($9,095,066
)
 

($8,515,858
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$12.3 billion
 
2023-2034
State net operating losses
 
$10.2 billion
 
2015-2033
Miscellaneous federal and state credits
 
$97.6 million
 
2015-2034


As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers, tax credit carryovers, and other tax attributes reflected on income tax returns. Because it is more likely than not that the benefit from certain state net operating loss carryovers will not be utilized, a valuation allowance of $21.2 million has been provided on the deferred tax assets relating to these state net operating loss carryovers.

In the third quarter 2013, Entergy reduced a valuation allowance by $44 million ($28 million net of the federal income tax effect) that had been provided on a state net operating loss carryover due to the prospective utilization of such loss carryover.
Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2014 and 2013 are as follows:
2014
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net

($1,657,503
)
 

($1,233,761
)
 

($1,515,091
)
 

($753,576
)
 

($186,153
)
 

($771,135
)
 

($668,779
)
Regulatory assets
(198,662
)
 
(106,287
)
 
(274,432
)
 
(30,114
)
 

 
(202,402
)
 
(110,087
)
Nuclear decommissioning trusts
(130,524
)
 
(43,611
)
 
(62,551
)
 

 

 

 
(74,063
)
Pension, net funding
(93,355
)
 
(46,403
)
 
(53,190
)
 
(27,861
)
 
(13,285
)
 
(25,616
)
 
(23,440
)
Deferred fuel
(82,050
)
 
(3,034
)
 
(500
)
 
(5,303
)
 
(407
)
 
2,045

 
(120
)
Power purchase agreements
(17,073
)
 
(67,083
)
 

 
2,129

 
13

 
847

 

Other
(33,827
)
 
(8,850
)
 
(75,432
)
 
(11,423
)
 
(11,500
)
 
(22,546
)
 
(19,802
)
Total
(2,212,994
)
 
(1,509,029
)
 
(1,981,196
)
 
(826,148
)
 
(211,332
)
 
(1,018,807
)
 
(896,291
)
Deferred tax assets:
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
145,466

 
70,068

 
111,533

 
7,214

 
29,580

 
4,079

 
90,290

Nuclear decommissioning liabilities
(43,134
)
 
48,815

 
97,323

 

 

 

 
(62,571
)
Pension and other post-employment benefits
(17,534
)
 
88,606

 
70,055

 
(7,288
)
 
(7,504
)
 
(15,053
)
 
(1,413
)
Sale and leaseback

 

 
45,136

 

 

 

 
108,172

Accumulated deferred investment tax credit
14,791

 
33,941

 
24,922

 
2,436

 
332

 
5,158

 
18,862

Provision for allowances and contingencies
(7,149
)
 
43,512

 
82,293

 
19,590

 
10,986

 
8,017

 
133

Unbilled/deferred revenues
12,322

 
(18,553
)
 
(6,463
)
 
12,956

 
3,395

 
11,573

 

Compensation
2,085

 
641

 
(483
)
 
(846
)
 
475

 
4,155

 

Net operating loss carryforwards
105,063

 

 
241,803

 

 

 

 

Capital losses and miscellaneous tax credits

 

 

 
3,504

 

 

 

Other
258

 
8,102

 
7,406

 
5,887

 
2,891

 
3,850

 
2,000

Total
212,168

 
275,132

 
673,525

 
43,453

 
40,155

 
21,779

 
155,473

Noncurrent accrued taxes (including unrecognized tax benefits)
9,367

 
(388,230
)
 
(24,278
)
 
(12,481
)
 
(19,502
)
 
(48,921
)
 
(81,528
)
Accumulated deferred income taxes and taxes accrued

($1,991,459
)
 

($1,622,127
)
 

($1,331,949
)
 

($795,176
)
 

($190,679
)
 

($1,045,949
)
 

($822,346
)
2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,613,195
)
 

($1,259,173
)
 

($1,347,534
)
 

($727,545
)
 

($196,726
)
 

($759,263
)
 

($698,151
)
Regulatory assets
 
(212,339
)
 
(102,362
)
 
(255,068
)
 
(33,277
)
 

 
(205,402
)
 
(113,849
)
Nuclear decommissioning trusts
 
(110,004
)
 
(32,574
)
 
(50,248
)
 

 

 

 
(58,308
)
Pension, net funding
 
(79,589
)
 
(45,342
)
 
(50,630
)
 
(24,392
)
 
(11,606
)
 
(23,598
)
 
(21,187
)
Deferred fuel
 
(26,946
)
 
(4,361
)
 
(512
)
 
(21,823
)
 
63

 
(470
)
 
(129
)
Power purchase agreements
 
(7,053
)
 
(20,234
)
 

 

 
13

 
1,269

 

Other
 
(62,046
)
 
(25,694
)
 
(69,194
)
 
(10,732
)
 
(13,446
)
 
(58,963
)
 
(8,969
)
Total
 
(2,111,172
)
 
(1,489,740
)
 
(1,773,186
)
 
(817,769
)
 
(221,702
)
 
(1,046,427
)
 
(900,593
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
120,966

 
60,176

 
94,019

 
8,357

 
35,764

 
7,952

 
76,135

Nuclear decommissioning liabilities
 
(64,571
)
 
49,439

 
92,206

 

 

 

 
(71,898
)
Pension and other post-employment benefits
 
(12,132
)
 
73,136

 
62,999

 
(1,345
)
 
1,532

 
(13,417
)
 
(2,073
)
Sale and leaseback
 

 

 
52,054

 

 

 

 
124,065

Accumulated deferred investment tax credit
 
15,281

 
35,297

 
25,913

 
3,263

 
416

 
5,651

 
20,956

Provision for allowances and contingencies
 
12,313

 
14,784

 
3,347

 
13,066

 
8,535

 
5,980

 

Unbilled/deferred revenues
 
37,825

 
(22,340
)
 
3,026

 
6,791

 
4,226

 
10,655

 

Compensation
 
7,131

 
4,701

 
3,470

 
1,778

 
1,696

 
6,774

 
822

Net operating loss carryforwards
 
85,875

 

 
230,592

 
19,400

 

 

 

Capital losses and miscellaneous tax credits
 

 

 

 
6,173

 

 

 

Other
 
3,682

 
4,939

 
4,148

 
4,224

 
2,930

 
3,807

 
2,001

Total
 
206,370

 
220,132

 
571,774

 
61,707

 
55,099

 
27,402

 
150,008

Noncurrent accrued taxes (including unrecognized tax benefits)
 
22,565

 
(279,269
)
 
25,512

 
(6,290
)
 
(5,015
)
 
(37,777
)
 
10,302

Accumulated deferred income taxes and taxes accrued
 

($1,882,237
)
 

($1,548,877
)
 

($1,175,900
)
 

($762,352
)
 

($171,618
)
 

($1,056,802
)
 

($740,283
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2014 are as follows:
 
 
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
 
Entergy
Louisiana
 
 
Entergy
Mississippi
 
Entergy
New Orleans
 
 
Entergy
Texas
 
 
System
Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 

$1.3
 billion
 

$151
 million
 

$2.1
 billion
 
 

$55
 million
 
 

$392
 million
Year(s) of expiration
 
2029-2034

 
2029-2032

 
2029-2034

 
N/A
 
2031-2034

 
N/A
 
2030-2032

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State net operating losses
 

$235
 million
 

$580
 million
 

$3
 billion
 
 

$24
 million
 
 
Year(s) of expiration
 
2015-2028

 
2024-2027

 
2024-2029

 
N/A
 
2026-2029

 
N/A
 
N/A
 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Misc. federal credits
 

$1
 million
 

$6
 million
 

$13
 million
 

$1
 million
 
 
 

$10
 million
Year(s) of expiration
 
2029-2033

 
2029-2033

 
2026-2033

 
2029-2033

 
N/A
 
N/A
 
2029-2033

 
 
 

 
 

 
 

 
 

 
 

 
 

 
 

State credits
 
 
 
 

$9.5
 million
 
 

$3.4
 million
 

$15.7
 million
Year(s) of expiration
 
N/A
 
N/A
 
N/A
 
2015-2019

 
N/A
 
2026

 
2015-2019



As a result of the accounting for uncertain tax positions, the amount of the deferred tax assets reflected in the financial statements is less than the amount of the tax effect of the federal and state net operating loss carryovers and tax credit carryovers.

Unrecognized tax benefits

Accounting standards establish a “more-likely-than-not” recognition threshold that must be met before a tax benefit can be recognized in the financial statements.  If a tax deduction is taken on a tax return, but does not meet the more-likely-than-not recognition threshold, an increase in income tax liability, above what is payable on the tax return, is required to be recorded.  A reconciliation of Entergy’s beginning and ending amount of unrecognized tax benefits is as follows:
 
2014
 
2013
 
2012
 
(In Thousands)
Gross balance at January 1

$4,593,224

 

$4,170,403

 

$4,387,780

Additions based on tax positions related to the current year
348,543

 
162,338

 
163,612

Additions for tax positions of prior years
11,637

 
410,108

 
1,517,797

Reductions for tax positions of prior years
(213,401
)
 
(103,360
)
 
(476,873
)
Settlements

 
(43,620
)
 
(1,421,913
)
Lapse of statute of limitations
(3,218
)
 
(2,645
)
 

Gross balance at December 31
4,736,785

 
4,593,224

 
4,170,403

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Credit and loss carryovers
(4,295,643
)
 
(4,400,498
)
 
(4,022,535
)
Unrecognized tax benefits net of unused tax attributes and payments (a)

$441,142

 

$192,726

 

$147,868



(a)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $516 million, $176 million, and $203 million as of December 31, 2014, 2013, and 2012, respectively, which, if recognized, would lower the effective income tax rates.  Because of the effect of deferred tax accounting, the remaining balances of unrecognized tax benefits of $4.221 billion, $4.417 billion, and $3.968 billion as of December 31, 2014, 2013, and 2012, respectively, if disallowed, would not affect the annual effective income tax rate but would accelerate the payment of cash to the taxing authority to an earlier period.

Entergy accrues interest expense, if any, related to unrecognized tax benefits in income tax expense.  Entergy’s December 31, 2014, 2013, and 2012 accrued balance for the possible payment of interest is approximately $127 million, $96.4 million, and $146.3 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2014, 2013, and 2012 is as follows:
 
2014
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$465,075

 

$611,605

 

$16,186

 

$51,679

 

$13,017

 

$265,185

Additions based on tax positions related to the current year
 
14,511

 
55,053

 
96,196

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
5,204

 
1,720

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(7,995
)
 
(20,929
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
517,337

 
688,592

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(89,448
)
 
(650,540
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$427,889

 

$38,052

 

$13,152

 

$33,028

 

$17,023

 

$95,118



2013
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2013
 

$344,669

 

$465,721

 

$536,673

 

$16,841

 

$52,018

 

$13,954

 

$260,346

Additions based on tax positions related to the current year
 
6,427

 
7,276

 
10,611

 
957

 
583

 
2,170

 
4,170

Additions for tax positions of prior years
 
1,228

 
7,189

 
118,025

 
401

 
3,506

 
587

 
8,391

Reductions for tax positions of prior years
 
(3,943
)
 
(15,045
)
 
(38,428
)
 
(1,941
)
 
(962
)
 
(4,186
)
 
(967
)
Settlements
 
(668
)
 
(66
)
 
(15,276
)
 
(72
)
 
(3,466
)
 
492

 
(6,755
)
Gross balance at December 31, 2013
 
347,713

 
465,075

 
611,605

 
16,186

 
51,679

 
13,017

 
265,185

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(345,674
)
 
(136,151
)
 
(611,605
)
 
(16,186
)
 
(22,078
)
 
(266
)
 
(225,286
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,039

 

$328,924

 

$—

 

$—

 

$29,601

 

$12,751

 

$39,899


2012
 
Entergy
Arkansas
 
Entergy
Gulf States
Louisiana
 
Entergy
Louisiana
 
Entergy
Mississippi
 
Entergy
New Orleans
 
Entergy
Texas
 
System
Energy
 
 
(In Thousands)
Gross balance at January 1, 2012
 

$335,493

 

$390,493

 

$446,187

 

$11,052

 

$56,052

 

$19,225

 

$281,183

Additions based on tax positions related to the current year
 
10,409

 
8,974

 
67,721

 
8,401

 
497

 
1,656

 
8,715

Additions for tax positions of prior years
 
429,232

 
392,548

 
331,432

 
4,057

 
445

 
4,834

 
271,172

Reductions for tax positions of prior years
 
(39,534
)
 
(50,518
)
 
(169,465
)
 
(5,703
)
 
(2,506
)
 
(11,649
)
 
(20,934
)
Settlements
 
(390,931
)
 
(275,776
)
 
(139,202
)
 
(966
)
 
(2,470
)
 
(112
)
 
(279,790
)
Gross balance at December 31, 2012
 
344,669

 
465,721

 
536,673

 
16,841

 
52,018

 
13,954

 
260,346

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(342,127
)
 
(160,955
)
 
(536,673
)
 
(16,841
)
 
(35,511
)
 
(1,593
)
 
(249,424
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,542

 

$304,766

 

$—

 

$—

 

$16,507

 

$12,361

 

$10,922



The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$2.6

 

$0.6

 

$0.6

Entergy Gulf States Louisiana

$91.9

 

$44.0

 

$44.0

Entergy Louisiana

$175.4

 

$87.9

 

$92.4

Entergy Mississippi

$3.9

 

$3.9

 

$3.9

Entergy New Orleans

$50.7

 

$—

 

$—

Entergy Texas

$10.5

 

$10.1

 

$8.6

System Energy

$3.7

 

$3.3

 

$3.5



The Registrant Subsidiaries accrue interest and penalties related to unrecognized tax benefits in income tax expense.  Penalties have not been accrued.  Accrued balances for the possible payment of interest are as follows:
 
December 31,
 
2014
 
2013
 
2012
 
(In Millions)
Entergy Arkansas

$17.0

 

$15.2

 

$21.8

Entergy Gulf States Louisiana

$21.0

 

$17.0

 

$33.1

Entergy Louisiana

$1.2

 

$1.0

 

$0.9

Entergy Mississippi

$2.8

 

$2.1

 

$2.4

Entergy New Orleans

$1.3

 

$0.9

 

$0.1

Entergy Texas

$1.0

 

$0.8

 

$0.7

System Energy

$23.8

 

$19.0

 

$33.2



Income Tax Litigation

In October 2010 the U.S. Tax Court entered a decision in favor of Entergy regarding the ability to credit the U.K. Windfall Tax against U.S. income tax as a foreign tax credit.  The U.K. Windfall Tax relates to Entergy’s former investment in London Electricity.

The IRS filed an appeal of the U.K. Windfall Tax decision with the U.S. Court of Appeals for the Fifth Circuit in December 2010.  Oral arguments were heard in November 2011.  In June 2012 the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. Tax Court decision.  As a result of this decision, Entergy reversed its liability for uncertain tax positions associated with this issue.  On September 4, 2012, the U.S. Solicitor General, on behalf of the Commissioner of Internal Revenue, petitioned the U.S. Supreme Court for a writ of certiorari to review the Fifth Circuit judgment.

Concurrent with the Tax Court’s issuance of a favorable decision regarding the above issues, the Tax Court issued a favorable decision in a separate proceeding, PPL Corp. v. Commissioner, regarding the creditability of the U.K. Windfall Tax.  The IRS appealed the PPL decision to the United States Court of Appeals for the Third Circuit.  In December 2011 the Third Circuit reversed the Tax Court’s holding in PPL Corp. v. Commissioner, stating that the U.K. tax was not eligible for the foreign tax credit.  PPL Corp. petitioned the U.S. Supreme Court for a writ of certiorari to review the U.S. Court of Appeals for the Third Circuit decision.  On October 29, 2012, the U.S. Supreme Court granted PPL Corp.’s petition for certiorari.  The Solicitor General’s petition for writ of certiorari in Entergy’s case was held pending the disposition of the PPL case.

    On May 20, 2013, the U.S. Supreme Court issued a unanimous decision in PPL’s favor, holding that the U.K. Windfall Tax is a creditable tax for U.S. federal income tax purposes. On May 28, 2013, the Supreme Court denied the petition for certiorari filed by the Commissioner of Internal Revenue in Entergy’s U.K. Windfall Tax case, allowing the decision in Entergy’s favor from the United States Court of Appeals for the Fifth Circuit to become final.

Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are substantially completed for years before 2009. All state taxing authorities’ examinations are completed for years before 2005.

2004-2005 IRS Audit

In June 2009, Entergy filed a formal protest with the IRS Appeals Division indicating disagreement with certain issues contained in the 2004-2005 Revenue Agent’s Report (RAR).  The most significant issue disputed was the inclusion of nuclear decommissioning liabilities in cost of goods sold for the nuclear power plants owned by the Utility resulting from an Application for Change in Accounting Method for tax purposes (the “2004 CAM”).

During the fourth quarter 2012, Entergy settled the position relating to the 2004 CAM.   Under the settlement Entergy conceded its tax position, resulting in an increase in taxable income of approximately $2.97 billion for the tax years 2004 - 2007.  The settlement provides that Entergy Louisiana is entitled to additional tax depreciation of approximately $547 million for years 2006 and beyond.  The deferred tax asset net of interest charges associated with the settlement is $155 million for Entergy.  There was a related increase to Entergy Louisiana’s member’s equity account.

2008-2009 IRS Audit
 
In the third quarter 2008, Entergy Louisiana and Entergy Gulf States Louisiana received $679 million and $274.7 million, respectively, from the Louisiana Utilities Restoration Corporation (“LURC”).  These receipts from LURC were from the proceeds of a Louisiana Act 55 financing of the costs incurred to restore service following Hurricane Katrina and Hurricane Rita.  See Note 2 to the financial statements for further details regarding the financings.

In June 2012, Entergy effectively settled the tax treatment of the storm restoration, which resulted in an increase to 2008 taxable income of $129 million for Entergy Louisiana and $104 million for Entergy Gulf States Louisiana and a reduction of income tax expense of $172 million, including $143 million for Entergy Louisiana and $20 million for Entergy Gulf States Louisiana. Under the terms of an LPSC-approved settlement related to the Louisiana Act 55 financings, Entergy Louisiana and Entergy Gulf States Louisiana recorded, respectively, a $137 million ($84 million net-of-tax) and a $28 million ($17 million net-of-tax) regulatory charge and a corresponding regulatory liability to reflect their obligations to customers with respect to the settlement.  

In the fourth quarter 2009, Entergy filed Applications for Change in Accounting Method (the “2009 CAM”) for tax purposes with the IRS for certain costs under Section 263A of the Internal Revenue Code.  In the Applications, Entergy proposed to treat the nuclear decommissioning liability associated with the operation of its nuclear power plants as a production cost properly includable in cost of goods sold.  The effect of the 2009 CAM  was a $5.7 billion reduction in 2009 taxable income.  The 2009 CAM was adjusted to $9.3 billion in 2012.

In the fourth quarter 2012 the IRS disallowed the reduction to 2009 taxable income related to the 2009 CAM.  In the third quarter 2013, the Internal Revenue Service issued its RAR for the tax years 2008-2009. As a result of the issuance of this RAR, Entergy and the IRS resolved all of the 2008-2009 issues described above except for the 2009 CAM. Entergy disagrees with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division on October 24, 2013. Two conferences with the Appeals Division have taken place during 2014. The resolution of this issue is in process. The issuance of the RAR by the IRS effectively settled all other issues, which resulted in an adjustment to the provision for uncertain tax positions.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of the nuclear decommissioning liability audit issue, discussed above, could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In September 2013 the U.S. Treasury Department and the IRS issued final regulations that provide guidance on the deductibility and capitalization of costs incurred associated with tangible property. Entergy and the Registrant Subsidiaries filed with the IRS an automatic application for change in accounting method which is in compliance with the final regulations and the safe harbor provisions of the relevant IRS Revenue Procedures. Entergy estimates that the effect of this accounting method change will result in a net increase to Entergy’s taxable income of approximately $548 million, which will be recognized over a four year period beginning with the tax year ended 2014. The adoption of the final regulations and safe harbor method results in approximate changes in the Registrant Subsidiaries taxable income as follows: an increase of $157 million for Entergy Arkansas, an increase of $42 million for Entergy Gulf States Louisiana, an increase of $49 million for Entergy Louisiana, an increase of $23 million for Entergy Mississippi, an increase of $169 million for Entergy Texas, a decrease of $11 million for Entergy New Orleans, and an increase of $34 million for System Energy.

In March 2013, Entergy Louisiana distributed to its parent, Entergy Louisiana Holdings, Inc., Louisiana income tax credits of $20.6 million, which resulted in a decrease in Entergy Louisiana’s member’s equity account.

The Tax Increase Prevention Act of 2014 was enacted in December 2014. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a one-year extension of 50% bonus depreciation and the research and experimentation tax credit. These provisions do not result in an immediate cash flow benefit but will result in cash flow benefits for Entergy in a future period.