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Income Taxes
12 Months Ended
Dec. 31, 2016
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes for 2016, 2015, and 2014 for Entergy Corporation and Subsidiaries consist of the following:
 
2016
 
2015
 
2014
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$45,249

 

$77,166

 

$90,061

Foreign
68

 
97

 
90

State
(14,960
)
 
157,829

 
(12,637
)
Total
30,357

 
235,092

 
77,514

Deferred and non-current - net
(840,465
)
 
(864,799
)
 
528,326

Investment tax credit adjustments - net
(7,151
)
 
(13,220
)
 
(16,243
)
Income taxes

($817,259
)
 

($642,927
)
 

$589,597



Income taxes for 2016, 2015, and 2014 for Entergy’s Registrant Subsidiaries consist of the following:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($14,748
)
 

($124,113
)
 

$10,603

 

($91,067
)
 

$19,656

 

$29,628

State
 
2,805

 
10,757

 
2,257

 
566

 
1,374

 
(25,825
)
Total
 
(11,943
)
 
(113,356
)
 
12,860

 
(90,501
)
 
21,030

 
3,803

Deferred and non-current - net
 
120,942

 
208,157

 
46,984

 
119,345

 
42,982

 
71,051

Investment tax credit adjustments - net
 
(1,226
)
 
(5,067
)
 
4,010

 
(139
)
 
(915
)
 
(3,793
)
Income taxes
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$66,966

 

$101,382

 

$25,628

 

($9,346
)
 

$53,313

 

($63,302
)
State
 
6,265

 
35,406

 
6,832

 
1,784

 
2,450

 
26,755

Total
 
73,231

 
136,788

 
32,460

 
(7,562
)
 
55,763

 
(36,547
)
Deferred and non-current - net
 
(31,463
)
 
47,220

 
31,149

 
32,890

 
(17,599
)
 
93,491

Investment tax credit adjustments - net
 
(1,227
)
 
(5,337
)
 
(1,737
)
 
(138
)
 
(914
)
 
(3,867
)
Income taxes
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($44,909
)
 

$8,103

 

($1,428
)
 

$48,610

 

$19,908

State
 
(678
)
 
(1,191
)
 
7,474

 
510

 
4,877

 
15,379

Total
 
(34,936
)
 
(46,100
)
 
15,577

 
(918
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
236,794

 
42,305

 
14,592

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(5,642
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310



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 2016, 2015, and 2014 are:
 
2016
 
2015
 
2014
 
(In Thousands)
Net income (loss) attributable to Entergy Corporation

($583,618
)
 

($176,562
)
 

$940,721

Preferred dividend requirements of subsidiaries
19,115

 
19,828

 
19,536

Consolidated net income (loss)
(564,503
)
 
(156,734
)
 
960,257

Income taxes
(817,259
)
 
(642,927
)
 
589,597

Income (loss) before income taxes

($1,381,762
)
 

($799,661
)
 

$1,549,854

Computed at statutory rate (35%)

($483,617
)
 

($279,881
)
 

$542,449

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
40,581

 
29,944

 
44,708

Regulatory differences - utility plant items
33,581

 
32,089

 
39,321

Equity component of AFUDC
(23,647
)
 
(18,191
)
 
(21,108
)
Amortization of investment tax credits
(10,889
)
 
(11,136
)
 
(12,211
)
Flow-through / permanent differences
(19,307
)
 
(7,872
)
 
(18,003
)
New York tax law change (a)

 

 
(21,500
)
Louisiana business combination

 
(333,655
)
 

Entergy Wholesale Commodities restructuring (b)
(237,760
)
 

 

Act 55 financing settlement (d)
(63,477
)
 

 

Provision for uncertain tax positions (c) (d)
(67,119
)
 
(56,683
)
 
32,573

Valuation allowance
11,411

 

 

Other - net
2,984

 
2,458

 
3,368

Total income taxes as reported

($817,259
)
 

($642,927
)
 

$589,597

Effective Income Tax Rate
59.1
%
 
80.4
%
 
38.0
%


(a)
In March 2014, New York enacted legislation that substantially modified various aspects of New York tax law. The most significant effect of the legislation for Entergy was 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.
(b)
See Other Tax Matters below for discussion of the Entergy Wholesale Commodities restructuring.
(c)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for 2015.
(d)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for 2016.

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 2016, 2015, and 2014 are:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$167,212

 

$622,047

 

$109,184

 

$48,849

 

$107,538

 

$96,744

Income taxes
 
107,773

 
89,734

 
63,854

 
28,705

 
63,097

 
71,061

Pretax income
 

$274,985

 

$711,781

 

$173,038

 

$77,554

 

$170,635

 

$167,805

Computed at statutory rate (35%)
 

$96,245

 

$249,123

 

$60,563

 

$27,144

 

$59,722

 

$58,732

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,652

 
29,014

 
5,592

 
3,543

 
449

 
7,001

Regulatory differences - utility plant items
 
10,971

 
8,094

 
(1,154
)
 
2,329

 
4,140

 
9,201

Equity component of AFUDC
 
(5,985
)
 
(9,774
)
 
(2,030
)
 
(412
)
 
(2,666
)
 
(2,780
)
Amortization of investment tax credits
 
(1,201
)
 
(5,019
)
 
(160
)
 
(132
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(3,848
)
 
(980
)
 
764

 
(3,609
)
 
634

 
(883
)
Act 55 financing settlement (a)
 

 
(61,620
)
 

 

 
(454
)
 

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (a)
 
(717
)
 
(75,871
)
 
50

 
(300
)
 
1,926

 
3,151

Other - net
 
656

 
1,425

 
229

 
142

 
246

 
115

Total income taxes as reported
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061

Effective Income Tax Rate
 
39.2
%
 
12.6
%
 
36.9
%
 
37.0
%
 
37.0
%
 
42.3
%


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$74,272

 

$446,639

 

$92,708

 

$44,925

 

$69,625

 

$111,318

Income taxes
 
40,541

 
178,671

 
61,872

 
25,190

 
37,250

 
53,077

Pretax income
 

$114,813

 

$625,310

 

$154,580

 

$70,115

 

$106,875

 

$164,395

Computed at statutory rate (35%)
 

$40,185

 

$218,859

 

$54,103

 

$24,540

 

$37,406

 

$57,538

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
6,643

 
23,650

 
5,219

 
2,887

 
1,621

 
6,403

Regulatory differences - utility plant items
 
7,299

 
3,013

 
2,383

 
2,201

 
3,703

 
12,167

Equity component of AFUDC
 
(4,979
)
 
(5,420
)
 
(1,083
)
 
(451
)
 
(1,987
)
 
(2,973
)
Amortization of investment tax credits
 
(1,201
)
 
(5,252
)
 
(160
)
 
(111
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(4,062
)
 
2,460

 
431

 
(4,539
)
 
530

 
618

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (b)
 
(3,978
)
 
(15,377
)
 
756

 
525

 
(3,365
)
 
(17,313
)
Other - net
 
634

 
1,396

 
223

 
138

 
242

 
113

Total income taxes as reported
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077

Effective Income Tax Rate
 
35.3
%
 
28.6
%
 
40.0
%
 
35.9
%
 
34.9
%
 
32.3
%


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$446,022

 

$74,821

 

$31,030

 

$74,804

 

$96,334

Income taxes
 
83,629

 
185,052

 
55,710

 
13,450

 
49,644

 
83,310

Pretax income
 

$205,021

 

$631,074

 

$130,531

 

$44,480

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$220,876

 

$45,686

 

$15,568

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

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

 
11,666

 
5,180

 
1,562

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
7,487

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(14,612
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(5,594
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
(225
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(41,255
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
5,336

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
1,373

 
216

 
134

 
233

 
109

Total income taxes as reported
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
29.3
%
 
42.7
%
 
30.2
%
 
39.9
%
 
46.4
%


(a)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for Entergy Louisiana.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for Entergy Louisiana and System Energy.

Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2016 and 2015 are as follows:
 
 
2016
 
2015
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($6,362,905
)
 

($6,804,225
)
Regulatory assets
(584,572
)
 
(646,392
)
Nuclear decommissioning trusts/receivables
(1,739,977
)
 
(1,254,463
)
Pension, net funding
(429,896
)
 
(365,111
)
Combined unitary state taxes
(33,063
)
 
(45,078
)
Power purchase agreements
(993
)
 

Other
(251,719
)
 
(315,844
)
Total
(9,403,125
)
 
(9,431,113
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
1,399,468

 
828,983

Regulatory liabilities
255,272

 
284,432

Pension and other post-employment benefits
539,456

 
525,524

Sale and leaseback
135,866

 
139,720

Compensation
99,300

 
69,432

Accumulated deferred investment tax credit
92,375

 
95,248

Provision for allowances and contingencies
188,390

 
188,282

Power purchase agreements

 
38,401

Net operating loss carryforwards
334,025

 
360,188

Capital losses and miscellaneous tax credits
18,470

 
11,075

Valuation allowance
(104,277
)
 
(91,532
)
Other
59,079

 
68,204

Total
3,017,424

 
2,517,957

Non-current accrued taxes (including unrecognized tax benefits)
(991,704
)
 
(1,338,806
)
Accumulated deferred income taxes and taxes accrued

($7,377,405
)
 

($8,251,962
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$6.7 billion
 
2023-2036
State net operating losses
 
$7.8 billion
 
2017-2036
Miscellaneous federal and state credits
 
$89.9 million
 
2017-2036


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, valuation allowances of $62 million as of December 31, 2016 and $46 million as of December 31, 2015 have been provided on the deferred tax assets relating to these state net operating loss carryovers. Additionally, valuation allowances totaling $42.3 million as of December 31, 2016 and $45.5 million as of December 31, 2015 have been provided on deferred tax assets related to federal and state jurisdictions in which Entergy does not currently expect to be able to utilize separate company tax return losses, preventing realization of such deferred tax assets.

Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2016 and 2015 are as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,857,554
)
 

($2,357,599
)
 

($820,971
)
 

($177,242
)
 

($835,671
)
 

($651,394
)
Regulatory assets
 
(109,241
)
 
(219,750
)
 
(25,309
)
 
(36,301
)
 
(153,914
)
 
(39,879
)
Nuclear decommissioning trusts/receivables
 
(144,250
)
 
(119,544
)
 

 

 

 
(83,891
)
Pension, net funding
 
(123,889
)
 
(122,465
)
 
(34,284
)
 
(16,307
)
 
(28,371
)
 
(29,357
)
Deferred fuel
 
(14,774
)
 
(1,778
)
 
(12,770
)
 
(5,229
)
 
(2,808
)
 
(1,137
)
Other
 
(47,785
)
 
(22,136
)
 
(12,474
)
 
(18,536
)
 
(8,812
)
 
(2,051
)
Total
 
(2,297,493
)
 
(2,843,272
)
 
(905,808
)
 
(253,615
)
 
(1,029,576
)
 
(807,709
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
5,768

 
175,973

 
18,833

 
25,240

 
15,814

 
13,644

Nuclear decommissioning liabilities
 
124,206

 
55,408

 

 

 

 
53,113

Pension and other post-employment benefits
 
(24,467
)
 
145,401

 
(8,042
)
 
(12,070
)
 
(19,096
)
 
(1,182
)
Sale and leaseback
 

 
33,383

 

 

 

 
102,483

Accumulated deferred investment tax credit
 
13,848

 
54,509

 
3,315

 
239

 
4,527

 
15,936

Provision for allowances and contingencies
 
(1,497
)
 
124,309

 
21,817

 
36,466

 
5,904

 

Power purchase agreements
 
(3,094
)
 
29,827

 
1,905

 

 
140

 

Unbilled/deferred revenues
 
6,799

 
(35,006
)
 
5,085

 
3,751

 
11,902

 

Compensation
 
2,787

 
5,309

 
1,492

 
685

 
1,587

 
360

Net operating loss carryforwards
 
69,524

 
17,125

 

 

 

 

Capital losses and miscellaneous tax credits
 
2,074

 

 
4,487

 

 

 

Other
 
174

 
17,110

 
1,152

 
496

 
2,955

 

Total
 
196,122

 
623,348

 
50,044

 
54,807

 
23,733

 
184,354

Non-current accrued taxes (including unrecognized tax benefits)
 
(85,252
)
 
(471,194
)
 
(5,567
)
 
(136,145
)
 
(21,804
)
 
(489,510
)
Accumulated deferred income taxes and taxes accrued
 

($2,186,623
)
 

($2,691,118
)
 

($861,331
)
 

($334,953
)
 

($1,027,647
)
 

($1,112,865
)
2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,710,444
)
 

($2,041,968
)
 

($781,427
)
 

($167,294
)
 

($778,270
)
 

($611,745
)
Regulatory assets
 
(108,422
)
 
(254,316
)
 
(24,918
)
 
(39,451
)
 
(172,117
)
 
(46,990
)
Nuclear decommissioning trusts
 
(121,326
)
 
(99,980
)
 

 

 

 
(68,370
)
Pension, net funding
 
(107,073
)
 
(109,709
)
 
(30,901
)
 
(14,459
)
 
(28,001
)
 
(25,791
)
Deferred fuel
 
(7,647
)
 
(2,513
)
 
(684
)
 
(175
)
 
2,050

 
(18
)
Power purchase agreements
 

 

 

 

 

 

Other
 
(38,683
)
 
(86,275
)
 
(5,625
)
 
(12,253
)
 
(10,109
)
 
(22,478
)
Total
 
(2,093,595
)
 
(2,594,761
)
 
(843,555
)
 
(233,632
)
 
(986,447
)
 
(775,392
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
18,369

 
215,154

 
7,787

 
20,888

 
7,307

 
14,927

Nuclear decommissioning liabilities
 
109,962

 
49,333

 

 

 

 
39,420

Pension and other post-employment benefits
 
(20,420
)
 
149,680

 
(6,628
)
 
(8,939
)
 
(16,703
)
 
(1,037
)
Sale and leaseback
 

 
37,236

 

 

 

 
102,484

Accumulated deferred investment tax credit
 
14,320

 
56,635

 
1,777

 
290

 
4,842

 
17,385

Provision for allowances and contingencies
 
1,024

 
123,007

 
18,735

 
33,843

 
7,266

 
134

Power purchase agreements
 
(1,279
)
 
13,840

 
1,901

 
13

 
575

 

Unbilled/deferred revenues
 
9,815

 
(32,365
)
 
7,154

 
2,126

 
10,851

 

Compensation
 
1,842

 
4,182

 
601

 
880

 
4,496

 

Net operating loss carryforwards
 

 
90,241

 

 

 

 

Other
 
128

 
21,982

 
1,995

 
316

 
1,672

 

Total
 
133,761

 
728,925

 
33,322

 
49,417

 
20,306

 
173,313

Non-current accrued taxes (including unrecognized tax benefits)
 
(22,978
)
 
(641,120
)
 
(402
)
 
(29,846
)
 
(40,693
)
 
(416,996
)
Accumulated deferred income taxes and taxes accrued
 

($1,982,812
)
 

($2,506,956
)
 

($810,635
)
 

($214,061
)
 

($1,006,834
)
 

($1,019,075
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
 
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 
$184 million
 
$4.4 billion
 
 
$34 million
 
 
$201 million
Year(s) of expiration
 
2028-2036
 
2036
 
N/A
 
2028-2036
 
N/A
 
2028-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State net operating losses
 
$80 million
 
$4.8 billion
 
 
$285 million
 
 
$175 million
Year(s) of expiration
 
2021
 
2029-2036
 
N/A
 
2032-2035
 
N/A
 
2035
 
 
 
 
 
 
 
 
 
 
 
 
 
Misc. federal credits
 
$2 million
 
 
$3 million
 
 
 
$2 million
Year(s) of expiration
 
2029-2036
 
N/A
 
2029-2036
 
N/A
 
N/A
 
2029-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State credits
 
 
 
$4.5 million
 
 
$3.4 million
 
$8.4 million
Year(s) of expiration
 
N/A
 
N/A
 
2018-2020
 
N/A
 
2026
 
2017-2020


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:
 
2016
 
2015
 
2014
 
(In Thousands)
Gross balance at January 1

$2,611,585

 

$4,736,785

 

$4,593,224

Additions based on tax positions related to the current year
1,532,782

 
1,850,705

 
348,543

Additions for tax positions of prior years
368,404

 
59,815

 
11,637

Reductions for tax positions of prior years (a)
(265,653
)
 
(3,966,535
)
 
(213,401
)
Settlements
(337,263
)
 
(68,227
)
 

Lapse of statute of limitations

 
(958
)
 
(3,218
)
Gross balance at December 31
3,909,855

 
2,611,585

 
4,736,785

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Carryovers and refund claims
(2,922,085
)
 
(1,264,483
)
 
(4,295,643
)
Cash paid to taxing authorities
(10,000
)
 

 

Unrecognized tax benefits net of unused tax attributes, refund claims and payments (b)

$977,770

 

$1,347,102

 

$441,142



(a)
The primary reduction for 2015 is related to the nuclear decommissioning costs treatment discussed in “Income Tax Audits - 2008-2009 IRS Audit” below.
(b)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $1,240 million, $955 million, and $516 million as of December 31, 2016, 2015, and 2014, 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 $2,670 million, $1,657 million, and $4,221 million as of December 31, 2016, 2015, and 2014, 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, 2016, 2015, and 2014 accrued balance for the possible payment of interest is approximately $30 million, $27 million, and $127 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2016, 2015, and 2014 is as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2016
 

$25,445

 

$1,690,661

 

$19,482

 

$53,897

 

$13,462

 

$478,318

Additions based on tax positions related to the current year (a)
 
16,868

 
931,720

 
2,662

 
33,912

 
2,002

 
5,318

Additions for tax positions of prior years
 
2,463

 
157,586

 
336

 
129,784

 
2,888

 
601

Reductions for tax positions of prior years
 
(41,957
)
 
(144,068
)
 
(10,219
)
 
(29,821
)
 
(1,849
)
 
(10,266
)
Settlements
 
(316
)
 
(195,560
)
 
(55
)
 
(21,542
)
 
(557
)
 
(1,599
)
Gross balance at December 31, 2016
 
2,503

 
2,440,339

 
12,206

 
166,230

 
15,946

 
472,372

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 

 
(1,783,093
)
 
(2,373
)
 
(27,320
)
 
(376
)
 
(90,028
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,503

 

$657,246

 

$9,833

 

$138,910

 

$15,570

 

$382,344



2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2015
 

$362,912

 

$1,205,929

 

$20,144

 

$53,763

 

$17,264

 

$258,242

Additions based on tax positions related to the current year (b)
 
2,196

 
1,367,058

 
566

 
472

 
657

 
472,304

Additions for tax positions of prior years
 
1,057

 
7,992

 
8,140

 
48

 
2,914

 
913

Reductions for tax positions of prior years
 
(340,720
)
 
(859,430
)
 

 
(386
)
 
(3,981
)
 
(253,141
)
Settlements
 

 
(30,888
)
 
(9,368
)
 

 
(3,392
)
 

Gross balance at December 31, 2015
 
25,445

 
1,690,661

 
19,482

 
53,897

 
13,462

 
478,318

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(3,613
)
 
(893,764
)
 
(1,016
)
 
(506
)
 
(276
)
 
(133,611
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$21,832

 

$796,897

 

$18,466

 

$53,391

 

$13,186

 

$344,707


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$1,076,680

 

$16,186

 

$51,679

 

$13,017

 

$265,185

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

 
151,249

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
6,924

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(28,924
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
1,205,929

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(739,988
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$465,941

 

$13,152

 

$33,028

 

$17,023

 

$95,118



(a)
The primary addition for Entergy Louisiana is related to the mark-to market treatment discussed in “Other Tax Matters” below.
(b)
The primary addition for Entergy Louisiana and System Energy is related to the nuclear decommissioning costs treatment discussed in “Other Tax Matters” below.

The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$3.6

 

$4.5

 

$2.6

Entergy Louisiana

$473.3

 

$692.7

 

$267.3

Entergy Mississippi

$—

 

$8.1

 

$3.9

Entergy New Orleans

$33.6

 

$50.7

 

$50.7

Entergy Texas

$7.0

 

$5.2

 

$10.5

System Energy

$—

 

$0.7

 

$3.7



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,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$1.4

 

$1.3

 

$17.0

Entergy Louisiana

$8.4

 

$9.3

 

$22.2

Entergy Mississippi

$0.8

 

$0.4

 

$2.8

Entergy New Orleans

$1.5

 

$1.8

 

$1.3

Entergy Texas

$1.2

 

$1.2

 

$1.0

System Energy

$3.7

 

$0.7

 

$23.8



Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are complete for years before 2012. All state taxing authorities’ examinations are completed for years before 2009.

2006-2007 IRS Audit

In the first quarter 2015, the IRS finalized tax and interest computations from the 2006-2007 audit that resulted in a reversal of Entergy’s provision for uncertain tax positions related to accrued interest of approximately $20 million, including decreases of approximately $4 million for Entergy Arkansas, $11 million for Entergy Louisiana, and $1 million for System Energy.

2008-2009 IRS Audit

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 disagreed with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division in October 2013.

In August 2015, Entergy and the IRS agreed on the treatment of the 2009 position regarding nuclear decommissioning liabilities from the 2008-2009 audit. The agreement provides that Entergy is entitled to deduct approximately $118 million of the $9.3 billion claimed in 2009. The agreement effectively settled all matters pertaining to the 2009 tax year and increased Entergy’s 2009 federal income tax liability by $2.4 million.

2010-2011 IRS Audit

The IRS completed its examination of the 2010 and 2011 tax years and issued its 2010-2011 Revenue Agent Report (RAR) in June 2016. Entergy agreed to all proposed adjustments contained in the RAR. As a result of the issuance of the RAR, Entergy Louisiana was able to recognize previously unrecognized tax benefits as follows:

Entergy and the IRS agreed that $148.6 million of the proceeds received by Entergy Louisiana in 2010 from the Louisiana Utilities Restoration Corporation (LURC), an instrumentality of the State of Louisiana, for the financing of Hurricane Gustav and Hurricane Ike storm costs pursuant to Act 55 of the Louisiana Regular Session of 2007 (Louisiana Act 55) were not taxable. Because the treatment of the financing is settled, Entergy recognized previously unrecognized tax benefits totaling $63.5 million, of which Entergy Louisiana recorded $61.6 million. Entergy Louisiana also accrued a regulatory liability of $16.1 million ($9.9 million net-of-tax) in accordance with the terms of Entergy Louisiana’s previous settlement agreement approved by the LPSC regarding Entergy Louisiana’s obligation to pay to customers savings associated with the Act 55 financing.

Entergy and the IRS agreed upon the tax treatment of Entergy Louisiana’s regulatory liability related to the Vidalia purchased power agreement. As a result, Entergy Louisiana recognized a previously unrecognized tax benefit of $74.5 million.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of audit issues could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In October 2015 two of Entergy’s Louisiana utilities, Entergy Gulf States Louisiana and Entergy Louisiana, combined their businesses into a legal entity which is identified as Entergy Louisiana herein. The structure of the business combination generated both a permanent difference and a temporary difference under FASB ASC Topic 740. The permanent difference resulted from recognition of the Waterford 3 and River Bend decommissioning liabilities as part of the business combination. Recognition of such decommissioning liabilities required Entergy to also recognize a taxable gain. The taxable gain resulted in a temporary difference because the gain provided for an increase in tax basis. Entergy Louisiana maintained a carryover tax basis in the assets received; and, to the extent that the increase in tax basis will provide additional tax depreciation, Entergy recorded a deferred tax asset. Entergy Louisiana obtained the corresponding deferred tax asset in the business combination. The permanent tax benefit net of ancillary tax charges was approximately $334 million. Consistent with the terms of the stipulated settlement in the business combination proceeding, electric customers of Entergy Louisiana will realize customer credits associated with the business combination. Accordingly, in October 2015, Entergy recorded a regulatory liability of $107 million ($66 million net-of-tax) which partially offsets the effect of the aforementioned deferred tax asset. The deferred tax asset and the regulatory liability, net-of-tax, increased Entergy Louisiana’s member’s equity by $268 million. See Note 2 to the financial statements for further discussion of the business combination.

In the fourth quarter 2015, System Energy and Entergy Louisiana adopted a new method of accounting for income tax return purposes in which the companies’ nuclear decommissioning costs will be treated as production costs of electricity includable in cost of goods sold. The new method results in a reduction of taxable income of $1.2 billion for System Energy and $2.2 billion for Entergy Louisiana.

The Protecting Americans from Tax Hikes Act of 2015 was enacted in December 2015. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a five-year extension of bonus depreciation and permanent extension of the research and experimentation tax credit. The effect of the bonus depreciation extension on 2015 increased Entergy’s tax net operating loss.

Entergy made a tax election to treat its subsidiary that owns one of the Entergy Wholesale Commodities nuclear power plants as a corporation for federal income tax purposes in the second quarter 2016. This resulted in a constructive contribution of all the assets and liabilities associated with the plant to a new subsidiary corporation for federal income tax purposes, and generated both permanent and temporary differences under the income tax accounting standards. The constructive contribution required Entergy to recognize the plant’s nuclear decommissioning liability for income tax purposes resulting in permanent differences. The accrual of the nuclear decommissioning liability required Entergy to recognize a gain for income tax purposes, a significant portion of which resulted in an increase in tax basis of the assets constructively contributed to the subsidiary. Recognition of the gain and the increase in tax basis of the assets represents a temporary difference. The permanent difference reduced income tax expense, net of unrecognized tax benefits, by $238 million.

In 2016, Entergy Louisiana elected mark-to-market income tax treatment for various wholesale electric power purchase and sale agreements, including Entergy Louisiana’s contract to purchase electricity from the Vidalia hydroelectric facility and from System Energy under the Unit Power Sales Agreement. The election resulted in a $2.2 billion deductible temporary difference.
Entergy Arkansas [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes for 2016, 2015, and 2014 for Entergy Corporation and Subsidiaries consist of the following:
 
2016
 
2015
 
2014
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$45,249

 

$77,166

 

$90,061

Foreign
68

 
97

 
90

State
(14,960
)
 
157,829

 
(12,637
)
Total
30,357

 
235,092

 
77,514

Deferred and non-current - net
(840,465
)
 
(864,799
)
 
528,326

Investment tax credit adjustments - net
(7,151
)
 
(13,220
)
 
(16,243
)
Income taxes

($817,259
)
 

($642,927
)
 

$589,597



Income taxes for 2016, 2015, and 2014 for Entergy’s Registrant Subsidiaries consist of the following:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($14,748
)
 

($124,113
)
 

$10,603

 

($91,067
)
 

$19,656

 

$29,628

State
 
2,805

 
10,757

 
2,257

 
566

 
1,374

 
(25,825
)
Total
 
(11,943
)
 
(113,356
)
 
12,860

 
(90,501
)
 
21,030

 
3,803

Deferred and non-current - net
 
120,942

 
208,157

 
46,984

 
119,345

 
42,982

 
71,051

Investment tax credit adjustments - net
 
(1,226
)
 
(5,067
)
 
4,010

 
(139
)
 
(915
)
 
(3,793
)
Income taxes
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$66,966

 

$101,382

 

$25,628

 

($9,346
)
 

$53,313

 

($63,302
)
State
 
6,265

 
35,406

 
6,832

 
1,784

 
2,450

 
26,755

Total
 
73,231

 
136,788

 
32,460

 
(7,562
)
 
55,763

 
(36,547
)
Deferred and non-current - net
 
(31,463
)
 
47,220

 
31,149

 
32,890

 
(17,599
)
 
93,491

Investment tax credit adjustments - net
 
(1,227
)
 
(5,337
)
 
(1,737
)
 
(138
)
 
(914
)
 
(3,867
)
Income taxes
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($44,909
)
 

$8,103

 

($1,428
)
 

$48,610

 

$19,908

State
 
(678
)
 
(1,191
)
 
7,474

 
510

 
4,877

 
15,379

Total
 
(34,936
)
 
(46,100
)
 
15,577

 
(918
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
236,794

 
42,305

 
14,592

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(5,642
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310



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 2016, 2015, and 2014 are:
 
2016
 
2015
 
2014
 
(In Thousands)
Net income (loss) attributable to Entergy Corporation

($583,618
)
 

($176,562
)
 

$940,721

Preferred dividend requirements of subsidiaries
19,115

 
19,828

 
19,536

Consolidated net income (loss)
(564,503
)
 
(156,734
)
 
960,257

Income taxes
(817,259
)
 
(642,927
)
 
589,597

Income (loss) before income taxes

($1,381,762
)
 

($799,661
)
 

$1,549,854

Computed at statutory rate (35%)

($483,617
)
 

($279,881
)
 

$542,449

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
40,581

 
29,944

 
44,708

Regulatory differences - utility plant items
33,581

 
32,089

 
39,321

Equity component of AFUDC
(23,647
)
 
(18,191
)
 
(21,108
)
Amortization of investment tax credits
(10,889
)
 
(11,136
)
 
(12,211
)
Flow-through / permanent differences
(19,307
)
 
(7,872
)
 
(18,003
)
New York tax law change (a)

 

 
(21,500
)
Louisiana business combination

 
(333,655
)
 

Entergy Wholesale Commodities restructuring (b)
(237,760
)
 

 

Act 55 financing settlement (d)
(63,477
)
 

 

Provision for uncertain tax positions (c) (d)
(67,119
)
 
(56,683
)
 
32,573

Valuation allowance
11,411

 

 

Other - net
2,984

 
2,458

 
3,368

Total income taxes as reported

($817,259
)
 

($642,927
)
 

$589,597

Effective Income Tax Rate
59.1
%
 
80.4
%
 
38.0
%


(a)
In March 2014, New York enacted legislation that substantially modified various aspects of New York tax law. The most significant effect of the legislation for Entergy was 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.
(b)
See Other Tax Matters below for discussion of the Entergy Wholesale Commodities restructuring.
(c)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for 2015.
(d)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for 2016.

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 2016, 2015, and 2014 are:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$167,212

 

$622,047

 

$109,184

 

$48,849

 

$107,538

 

$96,744

Income taxes
 
107,773

 
89,734

 
63,854

 
28,705

 
63,097

 
71,061

Pretax income
 

$274,985

 

$711,781

 

$173,038

 

$77,554

 

$170,635

 

$167,805

Computed at statutory rate (35%)
 

$96,245

 

$249,123

 

$60,563

 

$27,144

 

$59,722

 

$58,732

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,652

 
29,014

 
5,592

 
3,543

 
449

 
7,001

Regulatory differences - utility plant items
 
10,971

 
8,094

 
(1,154
)
 
2,329

 
4,140

 
9,201

Equity component of AFUDC
 
(5,985
)
 
(9,774
)
 
(2,030
)
 
(412
)
 
(2,666
)
 
(2,780
)
Amortization of investment tax credits
 
(1,201
)
 
(5,019
)
 
(160
)
 
(132
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(3,848
)
 
(980
)
 
764

 
(3,609
)
 
634

 
(883
)
Act 55 financing settlement (a)
 

 
(61,620
)
 

 

 
(454
)
 

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (a)
 
(717
)
 
(75,871
)
 
50

 
(300
)
 
1,926

 
3,151

Other - net
 
656

 
1,425

 
229

 
142

 
246

 
115

Total income taxes as reported
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061

Effective Income Tax Rate
 
39.2
%
 
12.6
%
 
36.9
%
 
37.0
%
 
37.0
%
 
42.3
%


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$74,272

 

$446,639

 

$92,708

 

$44,925

 

$69,625

 

$111,318

Income taxes
 
40,541

 
178,671

 
61,872

 
25,190

 
37,250

 
53,077

Pretax income
 

$114,813

 

$625,310

 

$154,580

 

$70,115

 

$106,875

 

$164,395

Computed at statutory rate (35%)
 

$40,185

 

$218,859

 

$54,103

 

$24,540

 

$37,406

 

$57,538

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
6,643

 
23,650

 
5,219

 
2,887

 
1,621

 
6,403

Regulatory differences - utility plant items
 
7,299

 
3,013

 
2,383

 
2,201

 
3,703

 
12,167

Equity component of AFUDC
 
(4,979
)
 
(5,420
)
 
(1,083
)
 
(451
)
 
(1,987
)
 
(2,973
)
Amortization of investment tax credits
 
(1,201
)
 
(5,252
)
 
(160
)
 
(111
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(4,062
)
 
2,460

 
431

 
(4,539
)
 
530

 
618

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (b)
 
(3,978
)
 
(15,377
)
 
756

 
525

 
(3,365
)
 
(17,313
)
Other - net
 
634

 
1,396

 
223

 
138

 
242

 
113

Total income taxes as reported
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077

Effective Income Tax Rate
 
35.3
%
 
28.6
%
 
40.0
%
 
35.9
%
 
34.9
%
 
32.3
%


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$446,022

 

$74,821

 

$31,030

 

$74,804

 

$96,334

Income taxes
 
83,629

 
185,052

 
55,710

 
13,450

 
49,644

 
83,310

Pretax income
 

$205,021

 

$631,074

 

$130,531

 

$44,480

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$220,876

 

$45,686

 

$15,568

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

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

 
11,666

 
5,180

 
1,562

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
7,487

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(14,612
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(5,594
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
(225
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(41,255
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
5,336

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
1,373

 
216

 
134

 
233

 
109

Total income taxes as reported
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
29.3
%
 
42.7
%
 
30.2
%
 
39.9
%
 
46.4
%


(a)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for Entergy Louisiana.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for Entergy Louisiana and System Energy.

Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2016 and 2015 are as follows:
 
 
2016
 
2015
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($6,362,905
)
 

($6,804,225
)
Regulatory assets
(584,572
)
 
(646,392
)
Nuclear decommissioning trusts/receivables
(1,739,977
)
 
(1,254,463
)
Pension, net funding
(429,896
)
 
(365,111
)
Combined unitary state taxes
(33,063
)
 
(45,078
)
Power purchase agreements
(993
)
 

Other
(251,719
)
 
(315,844
)
Total
(9,403,125
)
 
(9,431,113
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
1,399,468

 
828,983

Regulatory liabilities
255,272

 
284,432

Pension and other post-employment benefits
539,456

 
525,524

Sale and leaseback
135,866

 
139,720

Compensation
99,300

 
69,432

Accumulated deferred investment tax credit
92,375

 
95,248

Provision for allowances and contingencies
188,390

 
188,282

Power purchase agreements

 
38,401

Net operating loss carryforwards
334,025

 
360,188

Capital losses and miscellaneous tax credits
18,470

 
11,075

Valuation allowance
(104,277
)
 
(91,532
)
Other
59,079

 
68,204

Total
3,017,424

 
2,517,957

Non-current accrued taxes (including unrecognized tax benefits)
(991,704
)
 
(1,338,806
)
Accumulated deferred income taxes and taxes accrued

($7,377,405
)
 

($8,251,962
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$6.7 billion
 
2023-2036
State net operating losses
 
$7.8 billion
 
2017-2036
Miscellaneous federal and state credits
 
$89.9 million
 
2017-2036


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, valuation allowances of $62 million as of December 31, 2016 and $46 million as of December 31, 2015 have been provided on the deferred tax assets relating to these state net operating loss carryovers. Additionally, valuation allowances totaling $42.3 million as of December 31, 2016 and $45.5 million as of December 31, 2015 have been provided on deferred tax assets related to federal and state jurisdictions in which Entergy does not currently expect to be able to utilize separate company tax return losses, preventing realization of such deferred tax assets.

Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2016 and 2015 are as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,857,554
)
 

($2,357,599
)
 

($820,971
)
 

($177,242
)
 

($835,671
)
 

($651,394
)
Regulatory assets
 
(109,241
)
 
(219,750
)
 
(25,309
)
 
(36,301
)
 
(153,914
)
 
(39,879
)
Nuclear decommissioning trusts/receivables
 
(144,250
)
 
(119,544
)
 

 

 

 
(83,891
)
Pension, net funding
 
(123,889
)
 
(122,465
)
 
(34,284
)
 
(16,307
)
 
(28,371
)
 
(29,357
)
Deferred fuel
 
(14,774
)
 
(1,778
)
 
(12,770
)
 
(5,229
)
 
(2,808
)
 
(1,137
)
Other
 
(47,785
)
 
(22,136
)
 
(12,474
)
 
(18,536
)
 
(8,812
)
 
(2,051
)
Total
 
(2,297,493
)
 
(2,843,272
)
 
(905,808
)
 
(253,615
)
 
(1,029,576
)
 
(807,709
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
5,768

 
175,973

 
18,833

 
25,240

 
15,814

 
13,644

Nuclear decommissioning liabilities
 
124,206

 
55,408

 

 

 

 
53,113

Pension and other post-employment benefits
 
(24,467
)
 
145,401

 
(8,042
)
 
(12,070
)
 
(19,096
)
 
(1,182
)
Sale and leaseback
 

 
33,383

 

 

 

 
102,483

Accumulated deferred investment tax credit
 
13,848

 
54,509

 
3,315

 
239

 
4,527

 
15,936

Provision for allowances and contingencies
 
(1,497
)
 
124,309

 
21,817

 
36,466

 
5,904

 

Power purchase agreements
 
(3,094
)
 
29,827

 
1,905

 

 
140

 

Unbilled/deferred revenues
 
6,799

 
(35,006
)
 
5,085

 
3,751

 
11,902

 

Compensation
 
2,787

 
5,309

 
1,492

 
685

 
1,587

 
360

Net operating loss carryforwards
 
69,524

 
17,125

 

 

 

 

Capital losses and miscellaneous tax credits
 
2,074

 

 
4,487

 

 

 

Other
 
174

 
17,110

 
1,152

 
496

 
2,955

 

Total
 
196,122

 
623,348

 
50,044

 
54,807

 
23,733

 
184,354

Non-current accrued taxes (including unrecognized tax benefits)
 
(85,252
)
 
(471,194
)
 
(5,567
)
 
(136,145
)
 
(21,804
)
 
(489,510
)
Accumulated deferred income taxes and taxes accrued
 

($2,186,623
)
 

($2,691,118
)
 

($861,331
)
 

($334,953
)
 

($1,027,647
)
 

($1,112,865
)
2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,710,444
)
 

($2,041,968
)
 

($781,427
)
 

($167,294
)
 

($778,270
)
 

($611,745
)
Regulatory assets
 
(108,422
)
 
(254,316
)
 
(24,918
)
 
(39,451
)
 
(172,117
)
 
(46,990
)
Nuclear decommissioning trusts
 
(121,326
)
 
(99,980
)
 

 

 

 
(68,370
)
Pension, net funding
 
(107,073
)
 
(109,709
)
 
(30,901
)
 
(14,459
)
 
(28,001
)
 
(25,791
)
Deferred fuel
 
(7,647
)
 
(2,513
)
 
(684
)
 
(175
)
 
2,050

 
(18
)
Power purchase agreements
 

 

 

 

 

 

Other
 
(38,683
)
 
(86,275
)
 
(5,625
)
 
(12,253
)
 
(10,109
)
 
(22,478
)
Total
 
(2,093,595
)
 
(2,594,761
)
 
(843,555
)
 
(233,632
)
 
(986,447
)
 
(775,392
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
18,369

 
215,154

 
7,787

 
20,888

 
7,307

 
14,927

Nuclear decommissioning liabilities
 
109,962

 
49,333

 

 

 

 
39,420

Pension and other post-employment benefits
 
(20,420
)
 
149,680

 
(6,628
)
 
(8,939
)
 
(16,703
)
 
(1,037
)
Sale and leaseback
 

 
37,236

 

 

 

 
102,484

Accumulated deferred investment tax credit
 
14,320

 
56,635

 
1,777

 
290

 
4,842

 
17,385

Provision for allowances and contingencies
 
1,024

 
123,007

 
18,735

 
33,843

 
7,266

 
134

Power purchase agreements
 
(1,279
)
 
13,840

 
1,901

 
13

 
575

 

Unbilled/deferred revenues
 
9,815

 
(32,365
)
 
7,154

 
2,126

 
10,851

 

Compensation
 
1,842

 
4,182

 
601

 
880

 
4,496

 

Net operating loss carryforwards
 

 
90,241

 

 

 

 

Other
 
128

 
21,982

 
1,995

 
316

 
1,672

 

Total
 
133,761

 
728,925

 
33,322

 
49,417

 
20,306

 
173,313

Non-current accrued taxes (including unrecognized tax benefits)
 
(22,978
)
 
(641,120
)
 
(402
)
 
(29,846
)
 
(40,693
)
 
(416,996
)
Accumulated deferred income taxes and taxes accrued
 

($1,982,812
)
 

($2,506,956
)
 

($810,635
)
 

($214,061
)
 

($1,006,834
)
 

($1,019,075
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
 
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 
$184 million
 
$4.4 billion
 
 
$34 million
 
 
$201 million
Year(s) of expiration
 
2028-2036
 
2036
 
N/A
 
2028-2036
 
N/A
 
2028-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State net operating losses
 
$80 million
 
$4.8 billion
 
 
$285 million
 
 
$175 million
Year(s) of expiration
 
2021
 
2029-2036
 
N/A
 
2032-2035
 
N/A
 
2035
 
 
 
 
 
 
 
 
 
 
 
 
 
Misc. federal credits
 
$2 million
 
 
$3 million
 
 
 
$2 million
Year(s) of expiration
 
2029-2036
 
N/A
 
2029-2036
 
N/A
 
N/A
 
2029-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State credits
 
 
 
$4.5 million
 
 
$3.4 million
 
$8.4 million
Year(s) of expiration
 
N/A
 
N/A
 
2018-2020
 
N/A
 
2026
 
2017-2020


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:
 
2016
 
2015
 
2014
 
(In Thousands)
Gross balance at January 1

$2,611,585

 

$4,736,785

 

$4,593,224

Additions based on tax positions related to the current year
1,532,782

 
1,850,705

 
348,543

Additions for tax positions of prior years
368,404

 
59,815

 
11,637

Reductions for tax positions of prior years (a)
(265,653
)
 
(3,966,535
)
 
(213,401
)
Settlements
(337,263
)
 
(68,227
)
 

Lapse of statute of limitations

 
(958
)
 
(3,218
)
Gross balance at December 31
3,909,855

 
2,611,585

 
4,736,785

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Carryovers and refund claims
(2,922,085
)
 
(1,264,483
)
 
(4,295,643
)
Cash paid to taxing authorities
(10,000
)
 

 

Unrecognized tax benefits net of unused tax attributes, refund claims and payments (b)

$977,770

 

$1,347,102

 

$441,142



(a)
The primary reduction for 2015 is related to the nuclear decommissioning costs treatment discussed in “Income Tax Audits - 2008-2009 IRS Audit” below.
(b)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $1,240 million, $955 million, and $516 million as of December 31, 2016, 2015, and 2014, 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 $2,670 million, $1,657 million, and $4,221 million as of December 31, 2016, 2015, and 2014, 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, 2016, 2015, and 2014 accrued balance for the possible payment of interest is approximately $30 million, $27 million, and $127 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2016, 2015, and 2014 is as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2016
 

$25,445

 

$1,690,661

 

$19,482

 

$53,897

 

$13,462

 

$478,318

Additions based on tax positions related to the current year (a)
 
16,868

 
931,720

 
2,662

 
33,912

 
2,002

 
5,318

Additions for tax positions of prior years
 
2,463

 
157,586

 
336

 
129,784

 
2,888

 
601

Reductions for tax positions of prior years
 
(41,957
)
 
(144,068
)
 
(10,219
)
 
(29,821
)
 
(1,849
)
 
(10,266
)
Settlements
 
(316
)
 
(195,560
)
 
(55
)
 
(21,542
)
 
(557
)
 
(1,599
)
Gross balance at December 31, 2016
 
2,503

 
2,440,339

 
12,206

 
166,230

 
15,946

 
472,372

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 

 
(1,783,093
)
 
(2,373
)
 
(27,320
)
 
(376
)
 
(90,028
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,503

 

$657,246

 

$9,833

 

$138,910

 

$15,570

 

$382,344



2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2015
 

$362,912

 

$1,205,929

 

$20,144

 

$53,763

 

$17,264

 

$258,242

Additions based on tax positions related to the current year (b)
 
2,196

 
1,367,058

 
566

 
472

 
657

 
472,304

Additions for tax positions of prior years
 
1,057

 
7,992

 
8,140

 
48

 
2,914

 
913

Reductions for tax positions of prior years
 
(340,720
)
 
(859,430
)
 

 
(386
)
 
(3,981
)
 
(253,141
)
Settlements
 

 
(30,888
)
 
(9,368
)
 

 
(3,392
)
 

Gross balance at December 31, 2015
 
25,445

 
1,690,661

 
19,482

 
53,897

 
13,462

 
478,318

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(3,613
)
 
(893,764
)
 
(1,016
)
 
(506
)
 
(276
)
 
(133,611
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$21,832

 

$796,897

 

$18,466

 

$53,391

 

$13,186

 

$344,707


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$1,076,680

 

$16,186

 

$51,679

 

$13,017

 

$265,185

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

 
151,249

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
6,924

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(28,924
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
1,205,929

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(739,988
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$465,941

 

$13,152

 

$33,028

 

$17,023

 

$95,118



(a)
The primary addition for Entergy Louisiana is related to the mark-to market treatment discussed in “Other Tax Matters” below.
(b)
The primary addition for Entergy Louisiana and System Energy is related to the nuclear decommissioning costs treatment discussed in “Other Tax Matters” below.

The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$3.6

 

$4.5

 

$2.6

Entergy Louisiana

$473.3

 

$692.7

 

$267.3

Entergy Mississippi

$—

 

$8.1

 

$3.9

Entergy New Orleans

$33.6

 

$50.7

 

$50.7

Entergy Texas

$7.0

 

$5.2

 

$10.5

System Energy

$—

 

$0.7

 

$3.7



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,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$1.4

 

$1.3

 

$17.0

Entergy Louisiana

$8.4

 

$9.3

 

$22.2

Entergy Mississippi

$0.8

 

$0.4

 

$2.8

Entergy New Orleans

$1.5

 

$1.8

 

$1.3

Entergy Texas

$1.2

 

$1.2

 

$1.0

System Energy

$3.7

 

$0.7

 

$23.8



Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are complete for years before 2012. All state taxing authorities’ examinations are completed for years before 2009.

2006-2007 IRS Audit

In the first quarter 2015, the IRS finalized tax and interest computations from the 2006-2007 audit that resulted in a reversal of Entergy’s provision for uncertain tax positions related to accrued interest of approximately $20 million, including decreases of approximately $4 million for Entergy Arkansas, $11 million for Entergy Louisiana, and $1 million for System Energy.

2008-2009 IRS Audit

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 disagreed with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division in October 2013.

In August 2015, Entergy and the IRS agreed on the treatment of the 2009 position regarding nuclear decommissioning liabilities from the 2008-2009 audit. The agreement provides that Entergy is entitled to deduct approximately $118 million of the $9.3 billion claimed in 2009. The agreement effectively settled all matters pertaining to the 2009 tax year and increased Entergy’s 2009 federal income tax liability by $2.4 million.

2010-2011 IRS Audit

The IRS completed its examination of the 2010 and 2011 tax years and issued its 2010-2011 Revenue Agent Report (RAR) in June 2016. Entergy agreed to all proposed adjustments contained in the RAR. As a result of the issuance of the RAR, Entergy Louisiana was able to recognize previously unrecognized tax benefits as follows:

Entergy and the IRS agreed that $148.6 million of the proceeds received by Entergy Louisiana in 2010 from the Louisiana Utilities Restoration Corporation (LURC), an instrumentality of the State of Louisiana, for the financing of Hurricane Gustav and Hurricane Ike storm costs pursuant to Act 55 of the Louisiana Regular Session of 2007 (Louisiana Act 55) were not taxable. Because the treatment of the financing is settled, Entergy recognized previously unrecognized tax benefits totaling $63.5 million, of which Entergy Louisiana recorded $61.6 million. Entergy Louisiana also accrued a regulatory liability of $16.1 million ($9.9 million net-of-tax) in accordance with the terms of Entergy Louisiana’s previous settlement agreement approved by the LPSC regarding Entergy Louisiana’s obligation to pay to customers savings associated with the Act 55 financing.

Entergy and the IRS agreed upon the tax treatment of Entergy Louisiana’s regulatory liability related to the Vidalia purchased power agreement. As a result, Entergy Louisiana recognized a previously unrecognized tax benefit of $74.5 million.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of audit issues could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In October 2015 two of Entergy’s Louisiana utilities, Entergy Gulf States Louisiana and Entergy Louisiana, combined their businesses into a legal entity which is identified as Entergy Louisiana herein. The structure of the business combination generated both a permanent difference and a temporary difference under FASB ASC Topic 740. The permanent difference resulted from recognition of the Waterford 3 and River Bend decommissioning liabilities as part of the business combination. Recognition of such decommissioning liabilities required Entergy to also recognize a taxable gain. The taxable gain resulted in a temporary difference because the gain provided for an increase in tax basis. Entergy Louisiana maintained a carryover tax basis in the assets received; and, to the extent that the increase in tax basis will provide additional tax depreciation, Entergy recorded a deferred tax asset. Entergy Louisiana obtained the corresponding deferred tax asset in the business combination. The permanent tax benefit net of ancillary tax charges was approximately $334 million. Consistent with the terms of the stipulated settlement in the business combination proceeding, electric customers of Entergy Louisiana will realize customer credits associated with the business combination. Accordingly, in October 2015, Entergy recorded a regulatory liability of $107 million ($66 million net-of-tax) which partially offsets the effect of the aforementioned deferred tax asset. The deferred tax asset and the regulatory liability, net-of-tax, increased Entergy Louisiana’s member’s equity by $268 million. See Note 2 to the financial statements for further discussion of the business combination.

In the fourth quarter 2015, System Energy and Entergy Louisiana adopted a new method of accounting for income tax return purposes in which the companies’ nuclear decommissioning costs will be treated as production costs of electricity includable in cost of goods sold. The new method results in a reduction of taxable income of $1.2 billion for System Energy and $2.2 billion for Entergy Louisiana.

The Protecting Americans from Tax Hikes Act of 2015 was enacted in December 2015. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a five-year extension of bonus depreciation and permanent extension of the research and experimentation tax credit. The effect of the bonus depreciation extension on 2015 increased Entergy’s tax net operating loss.

Entergy made a tax election to treat its subsidiary that owns one of the Entergy Wholesale Commodities nuclear power plants as a corporation for federal income tax purposes in the second quarter 2016. This resulted in a constructive contribution of all the assets and liabilities associated with the plant to a new subsidiary corporation for federal income tax purposes, and generated both permanent and temporary differences under the income tax accounting standards. The constructive contribution required Entergy to recognize the plant’s nuclear decommissioning liability for income tax purposes resulting in permanent differences. The accrual of the nuclear decommissioning liability required Entergy to recognize a gain for income tax purposes, a significant portion of which resulted in an increase in tax basis of the assets constructively contributed to the subsidiary. Recognition of the gain and the increase in tax basis of the assets represents a temporary difference. The permanent difference reduced income tax expense, net of unrecognized tax benefits, by $238 million.

In 2016, Entergy Louisiana elected mark-to-market income tax treatment for various wholesale electric power purchase and sale agreements, including Entergy Louisiana’s contract to purchase electricity from the Vidalia hydroelectric facility and from System Energy under the Unit Power Sales Agreement. The election resulted in a $2.2 billion deductible temporary difference.
Entergy Louisiana [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes for 2016, 2015, and 2014 for Entergy Corporation and Subsidiaries consist of the following:
 
2016
 
2015
 
2014
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$45,249

 

$77,166

 

$90,061

Foreign
68

 
97

 
90

State
(14,960
)
 
157,829

 
(12,637
)
Total
30,357

 
235,092

 
77,514

Deferred and non-current - net
(840,465
)
 
(864,799
)
 
528,326

Investment tax credit adjustments - net
(7,151
)
 
(13,220
)
 
(16,243
)
Income taxes

($817,259
)
 

($642,927
)
 

$589,597



Income taxes for 2016, 2015, and 2014 for Entergy’s Registrant Subsidiaries consist of the following:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($14,748
)
 

($124,113
)
 

$10,603

 

($91,067
)
 

$19,656

 

$29,628

State
 
2,805

 
10,757

 
2,257

 
566

 
1,374

 
(25,825
)
Total
 
(11,943
)
 
(113,356
)
 
12,860

 
(90,501
)
 
21,030

 
3,803

Deferred and non-current - net
 
120,942

 
208,157

 
46,984

 
119,345

 
42,982

 
71,051

Investment tax credit adjustments - net
 
(1,226
)
 
(5,067
)
 
4,010

 
(139
)
 
(915
)
 
(3,793
)
Income taxes
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$66,966

 

$101,382

 

$25,628

 

($9,346
)
 

$53,313

 

($63,302
)
State
 
6,265

 
35,406

 
6,832

 
1,784

 
2,450

 
26,755

Total
 
73,231

 
136,788

 
32,460

 
(7,562
)
 
55,763

 
(36,547
)
Deferred and non-current - net
 
(31,463
)
 
47,220

 
31,149

 
32,890

 
(17,599
)
 
93,491

Investment tax credit adjustments - net
 
(1,227
)
 
(5,337
)
 
(1,737
)
 
(138
)
 
(914
)
 
(3,867
)
Income taxes
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($44,909
)
 

$8,103

 

($1,428
)
 

$48,610

 

$19,908

State
 
(678
)
 
(1,191
)
 
7,474

 
510

 
4,877

 
15,379

Total
 
(34,936
)
 
(46,100
)
 
15,577

 
(918
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
236,794

 
42,305

 
14,592

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(5,642
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310



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 2016, 2015, and 2014 are:
 
2016
 
2015
 
2014
 
(In Thousands)
Net income (loss) attributable to Entergy Corporation

($583,618
)
 

($176,562
)
 

$940,721

Preferred dividend requirements of subsidiaries
19,115

 
19,828

 
19,536

Consolidated net income (loss)
(564,503
)
 
(156,734
)
 
960,257

Income taxes
(817,259
)
 
(642,927
)
 
589,597

Income (loss) before income taxes

($1,381,762
)
 

($799,661
)
 

$1,549,854

Computed at statutory rate (35%)

($483,617
)
 

($279,881
)
 

$542,449

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
40,581

 
29,944

 
44,708

Regulatory differences - utility plant items
33,581

 
32,089

 
39,321

Equity component of AFUDC
(23,647
)
 
(18,191
)
 
(21,108
)
Amortization of investment tax credits
(10,889
)
 
(11,136
)
 
(12,211
)
Flow-through / permanent differences
(19,307
)
 
(7,872
)
 
(18,003
)
New York tax law change (a)

 

 
(21,500
)
Louisiana business combination

 
(333,655
)
 

Entergy Wholesale Commodities restructuring (b)
(237,760
)
 

 

Act 55 financing settlement (d)
(63,477
)
 

 

Provision for uncertain tax positions (c) (d)
(67,119
)
 
(56,683
)
 
32,573

Valuation allowance
11,411

 

 

Other - net
2,984

 
2,458

 
3,368

Total income taxes as reported

($817,259
)
 

($642,927
)
 

$589,597

Effective Income Tax Rate
59.1
%
 
80.4
%
 
38.0
%


(a)
In March 2014, New York enacted legislation that substantially modified various aspects of New York tax law. The most significant effect of the legislation for Entergy was 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.
(b)
See Other Tax Matters below for discussion of the Entergy Wholesale Commodities restructuring.
(c)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for 2015.
(d)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for 2016.

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 2016, 2015, and 2014 are:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$167,212

 

$622,047

 

$109,184

 

$48,849

 

$107,538

 

$96,744

Income taxes
 
107,773

 
89,734

 
63,854

 
28,705

 
63,097

 
71,061

Pretax income
 

$274,985

 

$711,781

 

$173,038

 

$77,554

 

$170,635

 

$167,805

Computed at statutory rate (35%)
 

$96,245

 

$249,123

 

$60,563

 

$27,144

 

$59,722

 

$58,732

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,652

 
29,014

 
5,592

 
3,543

 
449

 
7,001

Regulatory differences - utility plant items
 
10,971

 
8,094

 
(1,154
)
 
2,329

 
4,140

 
9,201

Equity component of AFUDC
 
(5,985
)
 
(9,774
)
 
(2,030
)
 
(412
)
 
(2,666
)
 
(2,780
)
Amortization of investment tax credits
 
(1,201
)
 
(5,019
)
 
(160
)
 
(132
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(3,848
)
 
(980
)
 
764

 
(3,609
)
 
634

 
(883
)
Act 55 financing settlement (a)
 

 
(61,620
)
 

 

 
(454
)
 

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (a)
 
(717
)
 
(75,871
)
 
50

 
(300
)
 
1,926

 
3,151

Other - net
 
656

 
1,425

 
229

 
142

 
246

 
115

Total income taxes as reported
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061

Effective Income Tax Rate
 
39.2
%
 
12.6
%
 
36.9
%
 
37.0
%
 
37.0
%
 
42.3
%


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$74,272

 

$446,639

 

$92,708

 

$44,925

 

$69,625

 

$111,318

Income taxes
 
40,541

 
178,671

 
61,872

 
25,190

 
37,250

 
53,077

Pretax income
 

$114,813

 

$625,310

 

$154,580

 

$70,115

 

$106,875

 

$164,395

Computed at statutory rate (35%)
 

$40,185

 

$218,859

 

$54,103

 

$24,540

 

$37,406

 

$57,538

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
6,643

 
23,650

 
5,219

 
2,887

 
1,621

 
6,403

Regulatory differences - utility plant items
 
7,299

 
3,013

 
2,383

 
2,201

 
3,703

 
12,167

Equity component of AFUDC
 
(4,979
)
 
(5,420
)
 
(1,083
)
 
(451
)
 
(1,987
)
 
(2,973
)
Amortization of investment tax credits
 
(1,201
)
 
(5,252
)
 
(160
)
 
(111
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(4,062
)
 
2,460

 
431

 
(4,539
)
 
530

 
618

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (b)
 
(3,978
)
 
(15,377
)
 
756

 
525

 
(3,365
)
 
(17,313
)
Other - net
 
634

 
1,396

 
223

 
138

 
242

 
113

Total income taxes as reported
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077

Effective Income Tax Rate
 
35.3
%
 
28.6
%
 
40.0
%
 
35.9
%
 
34.9
%
 
32.3
%


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$446,022

 

$74,821

 

$31,030

 

$74,804

 

$96,334

Income taxes
 
83,629

 
185,052

 
55,710

 
13,450

 
49,644

 
83,310

Pretax income
 

$205,021

 

$631,074

 

$130,531

 

$44,480

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$220,876

 

$45,686

 

$15,568

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

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

 
11,666

 
5,180

 
1,562

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
7,487

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(14,612
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(5,594
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
(225
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(41,255
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
5,336

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
1,373

 
216

 
134

 
233

 
109

Total income taxes as reported
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
29.3
%
 
42.7
%
 
30.2
%
 
39.9
%
 
46.4
%


(a)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for Entergy Louisiana.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for Entergy Louisiana and System Energy.

Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2016 and 2015 are as follows:
 
 
2016
 
2015
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($6,362,905
)
 

($6,804,225
)
Regulatory assets
(584,572
)
 
(646,392
)
Nuclear decommissioning trusts/receivables
(1,739,977
)
 
(1,254,463
)
Pension, net funding
(429,896
)
 
(365,111
)
Combined unitary state taxes
(33,063
)
 
(45,078
)
Power purchase agreements
(993
)
 

Other
(251,719
)
 
(315,844
)
Total
(9,403,125
)
 
(9,431,113
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
1,399,468

 
828,983

Regulatory liabilities
255,272

 
284,432

Pension and other post-employment benefits
539,456

 
525,524

Sale and leaseback
135,866

 
139,720

Compensation
99,300

 
69,432

Accumulated deferred investment tax credit
92,375

 
95,248

Provision for allowances and contingencies
188,390

 
188,282

Power purchase agreements

 
38,401

Net operating loss carryforwards
334,025

 
360,188

Capital losses and miscellaneous tax credits
18,470

 
11,075

Valuation allowance
(104,277
)
 
(91,532
)
Other
59,079

 
68,204

Total
3,017,424

 
2,517,957

Non-current accrued taxes (including unrecognized tax benefits)
(991,704
)
 
(1,338,806
)
Accumulated deferred income taxes and taxes accrued

($7,377,405
)
 

($8,251,962
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$6.7 billion
 
2023-2036
State net operating losses
 
$7.8 billion
 
2017-2036
Miscellaneous federal and state credits
 
$89.9 million
 
2017-2036


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, valuation allowances of $62 million as of December 31, 2016 and $46 million as of December 31, 2015 have been provided on the deferred tax assets relating to these state net operating loss carryovers. Additionally, valuation allowances totaling $42.3 million as of December 31, 2016 and $45.5 million as of December 31, 2015 have been provided on deferred tax assets related to federal and state jurisdictions in which Entergy does not currently expect to be able to utilize separate company tax return losses, preventing realization of such deferred tax assets.

Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2016 and 2015 are as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,857,554
)
 

($2,357,599
)
 

($820,971
)
 

($177,242
)
 

($835,671
)
 

($651,394
)
Regulatory assets
 
(109,241
)
 
(219,750
)
 
(25,309
)
 
(36,301
)
 
(153,914
)
 
(39,879
)
Nuclear decommissioning trusts/receivables
 
(144,250
)
 
(119,544
)
 

 

 

 
(83,891
)
Pension, net funding
 
(123,889
)
 
(122,465
)
 
(34,284
)
 
(16,307
)
 
(28,371
)
 
(29,357
)
Deferred fuel
 
(14,774
)
 
(1,778
)
 
(12,770
)
 
(5,229
)
 
(2,808
)
 
(1,137
)
Other
 
(47,785
)
 
(22,136
)
 
(12,474
)
 
(18,536
)
 
(8,812
)
 
(2,051
)
Total
 
(2,297,493
)
 
(2,843,272
)
 
(905,808
)
 
(253,615
)
 
(1,029,576
)
 
(807,709
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
5,768

 
175,973

 
18,833

 
25,240

 
15,814

 
13,644

Nuclear decommissioning liabilities
 
124,206

 
55,408

 

 

 

 
53,113

Pension and other post-employment benefits
 
(24,467
)
 
145,401

 
(8,042
)
 
(12,070
)
 
(19,096
)
 
(1,182
)
Sale and leaseback
 

 
33,383

 

 

 

 
102,483

Accumulated deferred investment tax credit
 
13,848

 
54,509

 
3,315

 
239

 
4,527

 
15,936

Provision for allowances and contingencies
 
(1,497
)
 
124,309

 
21,817

 
36,466

 
5,904

 

Power purchase agreements
 
(3,094
)
 
29,827

 
1,905

 

 
140

 

Unbilled/deferred revenues
 
6,799

 
(35,006
)
 
5,085

 
3,751

 
11,902

 

Compensation
 
2,787

 
5,309

 
1,492

 
685

 
1,587

 
360

Net operating loss carryforwards
 
69,524

 
17,125

 

 

 

 

Capital losses and miscellaneous tax credits
 
2,074

 

 
4,487

 

 

 

Other
 
174

 
17,110

 
1,152

 
496

 
2,955

 

Total
 
196,122

 
623,348

 
50,044

 
54,807

 
23,733

 
184,354

Non-current accrued taxes (including unrecognized tax benefits)
 
(85,252
)
 
(471,194
)
 
(5,567
)
 
(136,145
)
 
(21,804
)
 
(489,510
)
Accumulated deferred income taxes and taxes accrued
 

($2,186,623
)
 

($2,691,118
)
 

($861,331
)
 

($334,953
)
 

($1,027,647
)
 

($1,112,865
)
2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,710,444
)
 

($2,041,968
)
 

($781,427
)
 

($167,294
)
 

($778,270
)
 

($611,745
)
Regulatory assets
 
(108,422
)
 
(254,316
)
 
(24,918
)
 
(39,451
)
 
(172,117
)
 
(46,990
)
Nuclear decommissioning trusts
 
(121,326
)
 
(99,980
)
 

 

 

 
(68,370
)
Pension, net funding
 
(107,073
)
 
(109,709
)
 
(30,901
)
 
(14,459
)
 
(28,001
)
 
(25,791
)
Deferred fuel
 
(7,647
)
 
(2,513
)
 
(684
)
 
(175
)
 
2,050

 
(18
)
Power purchase agreements
 

 

 

 

 

 

Other
 
(38,683
)
 
(86,275
)
 
(5,625
)
 
(12,253
)
 
(10,109
)
 
(22,478
)
Total
 
(2,093,595
)
 
(2,594,761
)
 
(843,555
)
 
(233,632
)
 
(986,447
)
 
(775,392
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
18,369

 
215,154

 
7,787

 
20,888

 
7,307

 
14,927

Nuclear decommissioning liabilities
 
109,962

 
49,333

 

 

 

 
39,420

Pension and other post-employment benefits
 
(20,420
)
 
149,680

 
(6,628
)
 
(8,939
)
 
(16,703
)
 
(1,037
)
Sale and leaseback
 

 
37,236

 

 

 

 
102,484

Accumulated deferred investment tax credit
 
14,320

 
56,635

 
1,777

 
290

 
4,842

 
17,385

Provision for allowances and contingencies
 
1,024

 
123,007

 
18,735

 
33,843

 
7,266

 
134

Power purchase agreements
 
(1,279
)
 
13,840

 
1,901

 
13

 
575

 

Unbilled/deferred revenues
 
9,815

 
(32,365
)
 
7,154

 
2,126

 
10,851

 

Compensation
 
1,842

 
4,182

 
601

 
880

 
4,496

 

Net operating loss carryforwards
 

 
90,241

 

 

 

 

Other
 
128

 
21,982

 
1,995

 
316

 
1,672

 

Total
 
133,761

 
728,925

 
33,322

 
49,417

 
20,306

 
173,313

Non-current accrued taxes (including unrecognized tax benefits)
 
(22,978
)
 
(641,120
)
 
(402
)
 
(29,846
)
 
(40,693
)
 
(416,996
)
Accumulated deferred income taxes and taxes accrued
 

($1,982,812
)
 

($2,506,956
)
 

($810,635
)
 

($214,061
)
 

($1,006,834
)
 

($1,019,075
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
 
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 
$184 million
 
$4.4 billion
 
 
$34 million
 
 
$201 million
Year(s) of expiration
 
2028-2036
 
2036
 
N/A
 
2028-2036
 
N/A
 
2028-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State net operating losses
 
$80 million
 
$4.8 billion
 
 
$285 million
 
 
$175 million
Year(s) of expiration
 
2021
 
2029-2036
 
N/A
 
2032-2035
 
N/A
 
2035
 
 
 
 
 
 
 
 
 
 
 
 
 
Misc. federal credits
 
$2 million
 
 
$3 million
 
 
 
$2 million
Year(s) of expiration
 
2029-2036
 
N/A
 
2029-2036
 
N/A
 
N/A
 
2029-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State credits
 
 
 
$4.5 million
 
 
$3.4 million
 
$8.4 million
Year(s) of expiration
 
N/A
 
N/A
 
2018-2020
 
N/A
 
2026
 
2017-2020


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:
 
2016
 
2015
 
2014
 
(In Thousands)
Gross balance at January 1

$2,611,585

 

$4,736,785

 

$4,593,224

Additions based on tax positions related to the current year
1,532,782

 
1,850,705

 
348,543

Additions for tax positions of prior years
368,404

 
59,815

 
11,637

Reductions for tax positions of prior years (a)
(265,653
)
 
(3,966,535
)
 
(213,401
)
Settlements
(337,263
)
 
(68,227
)
 

Lapse of statute of limitations

 
(958
)
 
(3,218
)
Gross balance at December 31
3,909,855

 
2,611,585

 
4,736,785

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Carryovers and refund claims
(2,922,085
)
 
(1,264,483
)
 
(4,295,643
)
Cash paid to taxing authorities
(10,000
)
 

 

Unrecognized tax benefits net of unused tax attributes, refund claims and payments (b)

$977,770

 

$1,347,102

 

$441,142



(a)
The primary reduction for 2015 is related to the nuclear decommissioning costs treatment discussed in “Income Tax Audits - 2008-2009 IRS Audit” below.
(b)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $1,240 million, $955 million, and $516 million as of December 31, 2016, 2015, and 2014, 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 $2,670 million, $1,657 million, and $4,221 million as of December 31, 2016, 2015, and 2014, 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, 2016, 2015, and 2014 accrued balance for the possible payment of interest is approximately $30 million, $27 million, and $127 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2016, 2015, and 2014 is as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2016
 

$25,445

 

$1,690,661

 

$19,482

 

$53,897

 

$13,462

 

$478,318

Additions based on tax positions related to the current year (a)
 
16,868

 
931,720

 
2,662

 
33,912

 
2,002

 
5,318

Additions for tax positions of prior years
 
2,463

 
157,586

 
336

 
129,784

 
2,888

 
601

Reductions for tax positions of prior years
 
(41,957
)
 
(144,068
)
 
(10,219
)
 
(29,821
)
 
(1,849
)
 
(10,266
)
Settlements
 
(316
)
 
(195,560
)
 
(55
)
 
(21,542
)
 
(557
)
 
(1,599
)
Gross balance at December 31, 2016
 
2,503

 
2,440,339

 
12,206

 
166,230

 
15,946

 
472,372

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 

 
(1,783,093
)
 
(2,373
)
 
(27,320
)
 
(376
)
 
(90,028
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,503

 

$657,246

 

$9,833

 

$138,910

 

$15,570

 

$382,344



2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2015
 

$362,912

 

$1,205,929

 

$20,144

 

$53,763

 

$17,264

 

$258,242

Additions based on tax positions related to the current year (b)
 
2,196

 
1,367,058

 
566

 
472

 
657

 
472,304

Additions for tax positions of prior years
 
1,057

 
7,992

 
8,140

 
48

 
2,914

 
913

Reductions for tax positions of prior years
 
(340,720
)
 
(859,430
)
 

 
(386
)
 
(3,981
)
 
(253,141
)
Settlements
 

 
(30,888
)
 
(9,368
)
 

 
(3,392
)
 

Gross balance at December 31, 2015
 
25,445

 
1,690,661

 
19,482

 
53,897

 
13,462

 
478,318

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(3,613
)
 
(893,764
)
 
(1,016
)
 
(506
)
 
(276
)
 
(133,611
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$21,832

 

$796,897

 

$18,466

 

$53,391

 

$13,186

 

$344,707


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$1,076,680

 

$16,186

 

$51,679

 

$13,017

 

$265,185

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

 
151,249

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
6,924

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(28,924
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
1,205,929

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(739,988
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$465,941

 

$13,152

 

$33,028

 

$17,023

 

$95,118



(a)
The primary addition for Entergy Louisiana is related to the mark-to market treatment discussed in “Other Tax Matters” below.
(b)
The primary addition for Entergy Louisiana and System Energy is related to the nuclear decommissioning costs treatment discussed in “Other Tax Matters” below.

The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$3.6

 

$4.5

 

$2.6

Entergy Louisiana

$473.3

 

$692.7

 

$267.3

Entergy Mississippi

$—

 

$8.1

 

$3.9

Entergy New Orleans

$33.6

 

$50.7

 

$50.7

Entergy Texas

$7.0

 

$5.2

 

$10.5

System Energy

$—

 

$0.7

 

$3.7



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,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$1.4

 

$1.3

 

$17.0

Entergy Louisiana

$8.4

 

$9.3

 

$22.2

Entergy Mississippi

$0.8

 

$0.4

 

$2.8

Entergy New Orleans

$1.5

 

$1.8

 

$1.3

Entergy Texas

$1.2

 

$1.2

 

$1.0

System Energy

$3.7

 

$0.7

 

$23.8



Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are complete for years before 2012. All state taxing authorities’ examinations are completed for years before 2009.

2006-2007 IRS Audit

In the first quarter 2015, the IRS finalized tax and interest computations from the 2006-2007 audit that resulted in a reversal of Entergy’s provision for uncertain tax positions related to accrued interest of approximately $20 million, including decreases of approximately $4 million for Entergy Arkansas, $11 million for Entergy Louisiana, and $1 million for System Energy.

2008-2009 IRS Audit

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 disagreed with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division in October 2013.

In August 2015, Entergy and the IRS agreed on the treatment of the 2009 position regarding nuclear decommissioning liabilities from the 2008-2009 audit. The agreement provides that Entergy is entitled to deduct approximately $118 million of the $9.3 billion claimed in 2009. The agreement effectively settled all matters pertaining to the 2009 tax year and increased Entergy’s 2009 federal income tax liability by $2.4 million.

2010-2011 IRS Audit

The IRS completed its examination of the 2010 and 2011 tax years and issued its 2010-2011 Revenue Agent Report (RAR) in June 2016. Entergy agreed to all proposed adjustments contained in the RAR. As a result of the issuance of the RAR, Entergy Louisiana was able to recognize previously unrecognized tax benefits as follows:

Entergy and the IRS agreed that $148.6 million of the proceeds received by Entergy Louisiana in 2010 from the Louisiana Utilities Restoration Corporation (LURC), an instrumentality of the State of Louisiana, for the financing of Hurricane Gustav and Hurricane Ike storm costs pursuant to Act 55 of the Louisiana Regular Session of 2007 (Louisiana Act 55) were not taxable. Because the treatment of the financing is settled, Entergy recognized previously unrecognized tax benefits totaling $63.5 million, of which Entergy Louisiana recorded $61.6 million. Entergy Louisiana also accrued a regulatory liability of $16.1 million ($9.9 million net-of-tax) in accordance with the terms of Entergy Louisiana’s previous settlement agreement approved by the LPSC regarding Entergy Louisiana’s obligation to pay to customers savings associated with the Act 55 financing.

Entergy and the IRS agreed upon the tax treatment of Entergy Louisiana’s regulatory liability related to the Vidalia purchased power agreement. As a result, Entergy Louisiana recognized a previously unrecognized tax benefit of $74.5 million.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of audit issues could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In October 2015 two of Entergy’s Louisiana utilities, Entergy Gulf States Louisiana and Entergy Louisiana, combined their businesses into a legal entity which is identified as Entergy Louisiana herein. The structure of the business combination generated both a permanent difference and a temporary difference under FASB ASC Topic 740. The permanent difference resulted from recognition of the Waterford 3 and River Bend decommissioning liabilities as part of the business combination. Recognition of such decommissioning liabilities required Entergy to also recognize a taxable gain. The taxable gain resulted in a temporary difference because the gain provided for an increase in tax basis. Entergy Louisiana maintained a carryover tax basis in the assets received; and, to the extent that the increase in tax basis will provide additional tax depreciation, Entergy recorded a deferred tax asset. Entergy Louisiana obtained the corresponding deferred tax asset in the business combination. The permanent tax benefit net of ancillary tax charges was approximately $334 million. Consistent with the terms of the stipulated settlement in the business combination proceeding, electric customers of Entergy Louisiana will realize customer credits associated with the business combination. Accordingly, in October 2015, Entergy recorded a regulatory liability of $107 million ($66 million net-of-tax) which partially offsets the effect of the aforementioned deferred tax asset. The deferred tax asset and the regulatory liability, net-of-tax, increased Entergy Louisiana’s member’s equity by $268 million. See Note 2 to the financial statements for further discussion of the business combination.

In the fourth quarter 2015, System Energy and Entergy Louisiana adopted a new method of accounting for income tax return purposes in which the companies’ nuclear decommissioning costs will be treated as production costs of electricity includable in cost of goods sold. The new method results in a reduction of taxable income of $1.2 billion for System Energy and $2.2 billion for Entergy Louisiana.

The Protecting Americans from Tax Hikes Act of 2015 was enacted in December 2015. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a five-year extension of bonus depreciation and permanent extension of the research and experimentation tax credit. The effect of the bonus depreciation extension on 2015 increased Entergy’s tax net operating loss.

Entergy made a tax election to treat its subsidiary that owns one of the Entergy Wholesale Commodities nuclear power plants as a corporation for federal income tax purposes in the second quarter 2016. This resulted in a constructive contribution of all the assets and liabilities associated with the plant to a new subsidiary corporation for federal income tax purposes, and generated both permanent and temporary differences under the income tax accounting standards. The constructive contribution required Entergy to recognize the plant’s nuclear decommissioning liability for income tax purposes resulting in permanent differences. The accrual of the nuclear decommissioning liability required Entergy to recognize a gain for income tax purposes, a significant portion of which resulted in an increase in tax basis of the assets constructively contributed to the subsidiary. Recognition of the gain and the increase in tax basis of the assets represents a temporary difference. The permanent difference reduced income tax expense, net of unrecognized tax benefits, by $238 million.

In 2016, Entergy Louisiana elected mark-to-market income tax treatment for various wholesale electric power purchase and sale agreements, including Entergy Louisiana’s contract to purchase electricity from the Vidalia hydroelectric facility and from System Energy under the Unit Power Sales Agreement. The election resulted in a $2.2 billion deductible temporary difference.
Entergy Mississippi [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes for 2016, 2015, and 2014 for Entergy Corporation and Subsidiaries consist of the following:
 
2016
 
2015
 
2014
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$45,249

 

$77,166

 

$90,061

Foreign
68

 
97

 
90

State
(14,960
)
 
157,829

 
(12,637
)
Total
30,357

 
235,092

 
77,514

Deferred and non-current - net
(840,465
)
 
(864,799
)
 
528,326

Investment tax credit adjustments - net
(7,151
)
 
(13,220
)
 
(16,243
)
Income taxes

($817,259
)
 

($642,927
)
 

$589,597



Income taxes for 2016, 2015, and 2014 for Entergy’s Registrant Subsidiaries consist of the following:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($14,748
)
 

($124,113
)
 

$10,603

 

($91,067
)
 

$19,656

 

$29,628

State
 
2,805

 
10,757

 
2,257

 
566

 
1,374

 
(25,825
)
Total
 
(11,943
)
 
(113,356
)
 
12,860

 
(90,501
)
 
21,030

 
3,803

Deferred and non-current - net
 
120,942

 
208,157

 
46,984

 
119,345

 
42,982

 
71,051

Investment tax credit adjustments - net
 
(1,226
)
 
(5,067
)
 
4,010

 
(139
)
 
(915
)
 
(3,793
)
Income taxes
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$66,966

 

$101,382

 

$25,628

 

($9,346
)
 

$53,313

 

($63,302
)
State
 
6,265

 
35,406

 
6,832

 
1,784

 
2,450

 
26,755

Total
 
73,231

 
136,788

 
32,460

 
(7,562
)
 
55,763

 
(36,547
)
Deferred and non-current - net
 
(31,463
)
 
47,220

 
31,149

 
32,890

 
(17,599
)
 
93,491

Investment tax credit adjustments - net
 
(1,227
)
 
(5,337
)
 
(1,737
)
 
(138
)
 
(914
)
 
(3,867
)
Income taxes
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($44,909
)
 

$8,103

 

($1,428
)
 

$48,610

 

$19,908

State
 
(678
)
 
(1,191
)
 
7,474

 
510

 
4,877

 
15,379

Total
 
(34,936
)
 
(46,100
)
 
15,577

 
(918
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
236,794

 
42,305

 
14,592

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(5,642
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310



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 2016, 2015, and 2014 are:
 
2016
 
2015
 
2014
 
(In Thousands)
Net income (loss) attributable to Entergy Corporation

($583,618
)
 

($176,562
)
 

$940,721

Preferred dividend requirements of subsidiaries
19,115

 
19,828

 
19,536

Consolidated net income (loss)
(564,503
)
 
(156,734
)
 
960,257

Income taxes
(817,259
)
 
(642,927
)
 
589,597

Income (loss) before income taxes

($1,381,762
)
 

($799,661
)
 

$1,549,854

Computed at statutory rate (35%)

($483,617
)
 

($279,881
)
 

$542,449

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
40,581

 
29,944

 
44,708

Regulatory differences - utility plant items
33,581

 
32,089

 
39,321

Equity component of AFUDC
(23,647
)
 
(18,191
)
 
(21,108
)
Amortization of investment tax credits
(10,889
)
 
(11,136
)
 
(12,211
)
Flow-through / permanent differences
(19,307
)
 
(7,872
)
 
(18,003
)
New York tax law change (a)

 

 
(21,500
)
Louisiana business combination

 
(333,655
)
 

Entergy Wholesale Commodities restructuring (b)
(237,760
)
 

 

Act 55 financing settlement (d)
(63,477
)
 

 

Provision for uncertain tax positions (c) (d)
(67,119
)
 
(56,683
)
 
32,573

Valuation allowance
11,411

 

 

Other - net
2,984

 
2,458

 
3,368

Total income taxes as reported

($817,259
)
 

($642,927
)
 

$589,597

Effective Income Tax Rate
59.1
%
 
80.4
%
 
38.0
%


(a)
In March 2014, New York enacted legislation that substantially modified various aspects of New York tax law. The most significant effect of the legislation for Entergy was 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.
(b)
See Other Tax Matters below for discussion of the Entergy Wholesale Commodities restructuring.
(c)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for 2015.
(d)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for 2016.

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 2016, 2015, and 2014 are:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$167,212

 

$622,047

 

$109,184

 

$48,849

 

$107,538

 

$96,744

Income taxes
 
107,773

 
89,734

 
63,854

 
28,705

 
63,097

 
71,061

Pretax income
 

$274,985

 

$711,781

 

$173,038

 

$77,554

 

$170,635

 

$167,805

Computed at statutory rate (35%)
 

$96,245

 

$249,123

 

$60,563

 

$27,144

 

$59,722

 

$58,732

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,652

 
29,014

 
5,592

 
3,543

 
449

 
7,001

Regulatory differences - utility plant items
 
10,971

 
8,094

 
(1,154
)
 
2,329

 
4,140

 
9,201

Equity component of AFUDC
 
(5,985
)
 
(9,774
)
 
(2,030
)
 
(412
)
 
(2,666
)
 
(2,780
)
Amortization of investment tax credits
 
(1,201
)
 
(5,019
)
 
(160
)
 
(132
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(3,848
)
 
(980
)
 
764

 
(3,609
)
 
634

 
(883
)
Act 55 financing settlement (a)
 

 
(61,620
)
 

 

 
(454
)
 

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (a)
 
(717
)
 
(75,871
)
 
50

 
(300
)
 
1,926

 
3,151

Other - net
 
656

 
1,425

 
229

 
142

 
246

 
115

Total income taxes as reported
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061

Effective Income Tax Rate
 
39.2
%
 
12.6
%
 
36.9
%
 
37.0
%
 
37.0
%
 
42.3
%


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$74,272

 

$446,639

 

$92,708

 

$44,925

 

$69,625

 

$111,318

Income taxes
 
40,541

 
178,671

 
61,872

 
25,190

 
37,250

 
53,077

Pretax income
 

$114,813

 

$625,310

 

$154,580

 

$70,115

 

$106,875

 

$164,395

Computed at statutory rate (35%)
 

$40,185

 

$218,859

 

$54,103

 

$24,540

 

$37,406

 

$57,538

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
6,643

 
23,650

 
5,219

 
2,887

 
1,621

 
6,403

Regulatory differences - utility plant items
 
7,299

 
3,013

 
2,383

 
2,201

 
3,703

 
12,167

Equity component of AFUDC
 
(4,979
)
 
(5,420
)
 
(1,083
)
 
(451
)
 
(1,987
)
 
(2,973
)
Amortization of investment tax credits
 
(1,201
)
 
(5,252
)
 
(160
)
 
(111
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(4,062
)
 
2,460

 
431

 
(4,539
)
 
530

 
618

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (b)
 
(3,978
)
 
(15,377
)
 
756

 
525

 
(3,365
)
 
(17,313
)
Other - net
 
634

 
1,396

 
223

 
138

 
242

 
113

Total income taxes as reported
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077

Effective Income Tax Rate
 
35.3
%
 
28.6
%
 
40.0
%
 
35.9
%
 
34.9
%
 
32.3
%


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$446,022

 

$74,821

 

$31,030

 

$74,804

 

$96,334

Income taxes
 
83,629

 
185,052

 
55,710

 
13,450

 
49,644

 
83,310

Pretax income
 

$205,021

 

$631,074

 

$130,531

 

$44,480

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$220,876

 

$45,686

 

$15,568

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

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

 
11,666

 
5,180

 
1,562

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
7,487

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(14,612
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(5,594
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
(225
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(41,255
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
5,336

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
1,373

 
216

 
134

 
233

 
109

Total income taxes as reported
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
29.3
%
 
42.7
%
 
30.2
%
 
39.9
%
 
46.4
%


(a)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for Entergy Louisiana.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for Entergy Louisiana and System Energy.

Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2016 and 2015 are as follows:
 
 
2016
 
2015
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($6,362,905
)
 

($6,804,225
)
Regulatory assets
(584,572
)
 
(646,392
)
Nuclear decommissioning trusts/receivables
(1,739,977
)
 
(1,254,463
)
Pension, net funding
(429,896
)
 
(365,111
)
Combined unitary state taxes
(33,063
)
 
(45,078
)
Power purchase agreements
(993
)
 

Other
(251,719
)
 
(315,844
)
Total
(9,403,125
)
 
(9,431,113
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
1,399,468

 
828,983

Regulatory liabilities
255,272

 
284,432

Pension and other post-employment benefits
539,456

 
525,524

Sale and leaseback
135,866

 
139,720

Compensation
99,300

 
69,432

Accumulated deferred investment tax credit
92,375

 
95,248

Provision for allowances and contingencies
188,390

 
188,282

Power purchase agreements

 
38,401

Net operating loss carryforwards
334,025

 
360,188

Capital losses and miscellaneous tax credits
18,470

 
11,075

Valuation allowance
(104,277
)
 
(91,532
)
Other
59,079

 
68,204

Total
3,017,424

 
2,517,957

Non-current accrued taxes (including unrecognized tax benefits)
(991,704
)
 
(1,338,806
)
Accumulated deferred income taxes and taxes accrued

($7,377,405
)
 

($8,251,962
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$6.7 billion
 
2023-2036
State net operating losses
 
$7.8 billion
 
2017-2036
Miscellaneous federal and state credits
 
$89.9 million
 
2017-2036


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, valuation allowances of $62 million as of December 31, 2016 and $46 million as of December 31, 2015 have been provided on the deferred tax assets relating to these state net operating loss carryovers. Additionally, valuation allowances totaling $42.3 million as of December 31, 2016 and $45.5 million as of December 31, 2015 have been provided on deferred tax assets related to federal and state jurisdictions in which Entergy does not currently expect to be able to utilize separate company tax return losses, preventing realization of such deferred tax assets.

Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2016 and 2015 are as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,857,554
)
 

($2,357,599
)
 

($820,971
)
 

($177,242
)
 

($835,671
)
 

($651,394
)
Regulatory assets
 
(109,241
)
 
(219,750
)
 
(25,309
)
 
(36,301
)
 
(153,914
)
 
(39,879
)
Nuclear decommissioning trusts/receivables
 
(144,250
)
 
(119,544
)
 

 

 

 
(83,891
)
Pension, net funding
 
(123,889
)
 
(122,465
)
 
(34,284
)
 
(16,307
)
 
(28,371
)
 
(29,357
)
Deferred fuel
 
(14,774
)
 
(1,778
)
 
(12,770
)
 
(5,229
)
 
(2,808
)
 
(1,137
)
Other
 
(47,785
)
 
(22,136
)
 
(12,474
)
 
(18,536
)
 
(8,812
)
 
(2,051
)
Total
 
(2,297,493
)
 
(2,843,272
)
 
(905,808
)
 
(253,615
)
 
(1,029,576
)
 
(807,709
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
5,768

 
175,973

 
18,833

 
25,240

 
15,814

 
13,644

Nuclear decommissioning liabilities
 
124,206

 
55,408

 

 

 

 
53,113

Pension and other post-employment benefits
 
(24,467
)
 
145,401

 
(8,042
)
 
(12,070
)
 
(19,096
)
 
(1,182
)
Sale and leaseback
 

 
33,383

 

 

 

 
102,483

Accumulated deferred investment tax credit
 
13,848

 
54,509

 
3,315

 
239

 
4,527

 
15,936

Provision for allowances and contingencies
 
(1,497
)
 
124,309

 
21,817

 
36,466

 
5,904

 

Power purchase agreements
 
(3,094
)
 
29,827

 
1,905

 

 
140

 

Unbilled/deferred revenues
 
6,799

 
(35,006
)
 
5,085

 
3,751

 
11,902

 

Compensation
 
2,787

 
5,309

 
1,492

 
685

 
1,587

 
360

Net operating loss carryforwards
 
69,524

 
17,125

 

 

 

 

Capital losses and miscellaneous tax credits
 
2,074

 

 
4,487

 

 

 

Other
 
174

 
17,110

 
1,152

 
496

 
2,955

 

Total
 
196,122

 
623,348

 
50,044

 
54,807

 
23,733

 
184,354

Non-current accrued taxes (including unrecognized tax benefits)
 
(85,252
)
 
(471,194
)
 
(5,567
)
 
(136,145
)
 
(21,804
)
 
(489,510
)
Accumulated deferred income taxes and taxes accrued
 

($2,186,623
)
 

($2,691,118
)
 

($861,331
)
 

($334,953
)
 

($1,027,647
)
 

($1,112,865
)
2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,710,444
)
 

($2,041,968
)
 

($781,427
)
 

($167,294
)
 

($778,270
)
 

($611,745
)
Regulatory assets
 
(108,422
)
 
(254,316
)
 
(24,918
)
 
(39,451
)
 
(172,117
)
 
(46,990
)
Nuclear decommissioning trusts
 
(121,326
)
 
(99,980
)
 

 

 

 
(68,370
)
Pension, net funding
 
(107,073
)
 
(109,709
)
 
(30,901
)
 
(14,459
)
 
(28,001
)
 
(25,791
)
Deferred fuel
 
(7,647
)
 
(2,513
)
 
(684
)
 
(175
)
 
2,050

 
(18
)
Power purchase agreements
 

 

 

 

 

 

Other
 
(38,683
)
 
(86,275
)
 
(5,625
)
 
(12,253
)
 
(10,109
)
 
(22,478
)
Total
 
(2,093,595
)
 
(2,594,761
)
 
(843,555
)
 
(233,632
)
 
(986,447
)
 
(775,392
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
18,369

 
215,154

 
7,787

 
20,888

 
7,307

 
14,927

Nuclear decommissioning liabilities
 
109,962

 
49,333

 

 

 

 
39,420

Pension and other post-employment benefits
 
(20,420
)
 
149,680

 
(6,628
)
 
(8,939
)
 
(16,703
)
 
(1,037
)
Sale and leaseback
 

 
37,236

 

 

 

 
102,484

Accumulated deferred investment tax credit
 
14,320

 
56,635

 
1,777

 
290

 
4,842

 
17,385

Provision for allowances and contingencies
 
1,024

 
123,007

 
18,735

 
33,843

 
7,266

 
134

Power purchase agreements
 
(1,279
)
 
13,840

 
1,901

 
13

 
575

 

Unbilled/deferred revenues
 
9,815

 
(32,365
)
 
7,154

 
2,126

 
10,851

 

Compensation
 
1,842

 
4,182

 
601

 
880

 
4,496

 

Net operating loss carryforwards
 

 
90,241

 

 

 

 

Other
 
128

 
21,982

 
1,995

 
316

 
1,672

 

Total
 
133,761

 
728,925

 
33,322

 
49,417

 
20,306

 
173,313

Non-current accrued taxes (including unrecognized tax benefits)
 
(22,978
)
 
(641,120
)
 
(402
)
 
(29,846
)
 
(40,693
)
 
(416,996
)
Accumulated deferred income taxes and taxes accrued
 

($1,982,812
)
 

($2,506,956
)
 

($810,635
)
 

($214,061
)
 

($1,006,834
)
 

($1,019,075
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
 
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 
$184 million
 
$4.4 billion
 
 
$34 million
 
 
$201 million
Year(s) of expiration
 
2028-2036
 
2036
 
N/A
 
2028-2036
 
N/A
 
2028-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State net operating losses
 
$80 million
 
$4.8 billion
 
 
$285 million
 
 
$175 million
Year(s) of expiration
 
2021
 
2029-2036
 
N/A
 
2032-2035
 
N/A
 
2035
 
 
 
 
 
 
 
 
 
 
 
 
 
Misc. federal credits
 
$2 million
 
 
$3 million
 
 
 
$2 million
Year(s) of expiration
 
2029-2036
 
N/A
 
2029-2036
 
N/A
 
N/A
 
2029-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State credits
 
 
 
$4.5 million
 
 
$3.4 million
 
$8.4 million
Year(s) of expiration
 
N/A
 
N/A
 
2018-2020
 
N/A
 
2026
 
2017-2020


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:
 
2016
 
2015
 
2014
 
(In Thousands)
Gross balance at January 1

$2,611,585

 

$4,736,785

 

$4,593,224

Additions based on tax positions related to the current year
1,532,782

 
1,850,705

 
348,543

Additions for tax positions of prior years
368,404

 
59,815

 
11,637

Reductions for tax positions of prior years (a)
(265,653
)
 
(3,966,535
)
 
(213,401
)
Settlements
(337,263
)
 
(68,227
)
 

Lapse of statute of limitations

 
(958
)
 
(3,218
)
Gross balance at December 31
3,909,855

 
2,611,585

 
4,736,785

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Carryovers and refund claims
(2,922,085
)
 
(1,264,483
)
 
(4,295,643
)
Cash paid to taxing authorities
(10,000
)
 

 

Unrecognized tax benefits net of unused tax attributes, refund claims and payments (b)

$977,770

 

$1,347,102

 

$441,142



(a)
The primary reduction for 2015 is related to the nuclear decommissioning costs treatment discussed in “Income Tax Audits - 2008-2009 IRS Audit” below.
(b)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $1,240 million, $955 million, and $516 million as of December 31, 2016, 2015, and 2014, 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 $2,670 million, $1,657 million, and $4,221 million as of December 31, 2016, 2015, and 2014, 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, 2016, 2015, and 2014 accrued balance for the possible payment of interest is approximately $30 million, $27 million, and $127 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2016, 2015, and 2014 is as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2016
 

$25,445

 

$1,690,661

 

$19,482

 

$53,897

 

$13,462

 

$478,318

Additions based on tax positions related to the current year (a)
 
16,868

 
931,720

 
2,662

 
33,912

 
2,002

 
5,318

Additions for tax positions of prior years
 
2,463

 
157,586

 
336

 
129,784

 
2,888

 
601

Reductions for tax positions of prior years
 
(41,957
)
 
(144,068
)
 
(10,219
)
 
(29,821
)
 
(1,849
)
 
(10,266
)
Settlements
 
(316
)
 
(195,560
)
 
(55
)
 
(21,542
)
 
(557
)
 
(1,599
)
Gross balance at December 31, 2016
 
2,503

 
2,440,339

 
12,206

 
166,230

 
15,946

 
472,372

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 

 
(1,783,093
)
 
(2,373
)
 
(27,320
)
 
(376
)
 
(90,028
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,503

 

$657,246

 

$9,833

 

$138,910

 

$15,570

 

$382,344



2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2015
 

$362,912

 

$1,205,929

 

$20,144

 

$53,763

 

$17,264

 

$258,242

Additions based on tax positions related to the current year (b)
 
2,196

 
1,367,058

 
566

 
472

 
657

 
472,304

Additions for tax positions of prior years
 
1,057

 
7,992

 
8,140

 
48

 
2,914

 
913

Reductions for tax positions of prior years
 
(340,720
)
 
(859,430
)
 

 
(386
)
 
(3,981
)
 
(253,141
)
Settlements
 

 
(30,888
)
 
(9,368
)
 

 
(3,392
)
 

Gross balance at December 31, 2015
 
25,445

 
1,690,661

 
19,482

 
53,897

 
13,462

 
478,318

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(3,613
)
 
(893,764
)
 
(1,016
)
 
(506
)
 
(276
)
 
(133,611
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$21,832

 

$796,897

 

$18,466

 

$53,391

 

$13,186

 

$344,707


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$1,076,680

 

$16,186

 

$51,679

 

$13,017

 

$265,185

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

 
151,249

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
6,924

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(28,924
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
1,205,929

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(739,988
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$465,941

 

$13,152

 

$33,028

 

$17,023

 

$95,118



(a)
The primary addition for Entergy Louisiana is related to the mark-to market treatment discussed in “Other Tax Matters” below.
(b)
The primary addition for Entergy Louisiana and System Energy is related to the nuclear decommissioning costs treatment discussed in “Other Tax Matters” below.

The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$3.6

 

$4.5

 

$2.6

Entergy Louisiana

$473.3

 

$692.7

 

$267.3

Entergy Mississippi

$—

 

$8.1

 

$3.9

Entergy New Orleans

$33.6

 

$50.7

 

$50.7

Entergy Texas

$7.0

 

$5.2

 

$10.5

System Energy

$—

 

$0.7

 

$3.7



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,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$1.4

 

$1.3

 

$17.0

Entergy Louisiana

$8.4

 

$9.3

 

$22.2

Entergy Mississippi

$0.8

 

$0.4

 

$2.8

Entergy New Orleans

$1.5

 

$1.8

 

$1.3

Entergy Texas

$1.2

 

$1.2

 

$1.0

System Energy

$3.7

 

$0.7

 

$23.8



Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are complete for years before 2012. All state taxing authorities’ examinations are completed for years before 2009.

2006-2007 IRS Audit

In the first quarter 2015, the IRS finalized tax and interest computations from the 2006-2007 audit that resulted in a reversal of Entergy’s provision for uncertain tax positions related to accrued interest of approximately $20 million, including decreases of approximately $4 million for Entergy Arkansas, $11 million for Entergy Louisiana, and $1 million for System Energy.

2008-2009 IRS Audit

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 disagreed with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division in October 2013.

In August 2015, Entergy and the IRS agreed on the treatment of the 2009 position regarding nuclear decommissioning liabilities from the 2008-2009 audit. The agreement provides that Entergy is entitled to deduct approximately $118 million of the $9.3 billion claimed in 2009. The agreement effectively settled all matters pertaining to the 2009 tax year and increased Entergy’s 2009 federal income tax liability by $2.4 million.

2010-2011 IRS Audit

The IRS completed its examination of the 2010 and 2011 tax years and issued its 2010-2011 Revenue Agent Report (RAR) in June 2016. Entergy agreed to all proposed adjustments contained in the RAR. As a result of the issuance of the RAR, Entergy Louisiana was able to recognize previously unrecognized tax benefits as follows:

Entergy and the IRS agreed that $148.6 million of the proceeds received by Entergy Louisiana in 2010 from the Louisiana Utilities Restoration Corporation (LURC), an instrumentality of the State of Louisiana, for the financing of Hurricane Gustav and Hurricane Ike storm costs pursuant to Act 55 of the Louisiana Regular Session of 2007 (Louisiana Act 55) were not taxable. Because the treatment of the financing is settled, Entergy recognized previously unrecognized tax benefits totaling $63.5 million, of which Entergy Louisiana recorded $61.6 million. Entergy Louisiana also accrued a regulatory liability of $16.1 million ($9.9 million net-of-tax) in accordance with the terms of Entergy Louisiana’s previous settlement agreement approved by the LPSC regarding Entergy Louisiana’s obligation to pay to customers savings associated with the Act 55 financing.

Entergy and the IRS agreed upon the tax treatment of Entergy Louisiana’s regulatory liability related to the Vidalia purchased power agreement. As a result, Entergy Louisiana recognized a previously unrecognized tax benefit of $74.5 million.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of audit issues could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In October 2015 two of Entergy’s Louisiana utilities, Entergy Gulf States Louisiana and Entergy Louisiana, combined their businesses into a legal entity which is identified as Entergy Louisiana herein. The structure of the business combination generated both a permanent difference and a temporary difference under FASB ASC Topic 740. The permanent difference resulted from recognition of the Waterford 3 and River Bend decommissioning liabilities as part of the business combination. Recognition of such decommissioning liabilities required Entergy to also recognize a taxable gain. The taxable gain resulted in a temporary difference because the gain provided for an increase in tax basis. Entergy Louisiana maintained a carryover tax basis in the assets received; and, to the extent that the increase in tax basis will provide additional tax depreciation, Entergy recorded a deferred tax asset. Entergy Louisiana obtained the corresponding deferred tax asset in the business combination. The permanent tax benefit net of ancillary tax charges was approximately $334 million. Consistent with the terms of the stipulated settlement in the business combination proceeding, electric customers of Entergy Louisiana will realize customer credits associated with the business combination. Accordingly, in October 2015, Entergy recorded a regulatory liability of $107 million ($66 million net-of-tax) which partially offsets the effect of the aforementioned deferred tax asset. The deferred tax asset and the regulatory liability, net-of-tax, increased Entergy Louisiana’s member’s equity by $268 million. See Note 2 to the financial statements for further discussion of the business combination.

In the fourth quarter 2015, System Energy and Entergy Louisiana adopted a new method of accounting for income tax return purposes in which the companies’ nuclear decommissioning costs will be treated as production costs of electricity includable in cost of goods sold. The new method results in a reduction of taxable income of $1.2 billion for System Energy and $2.2 billion for Entergy Louisiana.

The Protecting Americans from Tax Hikes Act of 2015 was enacted in December 2015. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a five-year extension of bonus depreciation and permanent extension of the research and experimentation tax credit. The effect of the bonus depreciation extension on 2015 increased Entergy’s tax net operating loss.

Entergy made a tax election to treat its subsidiary that owns one of the Entergy Wholesale Commodities nuclear power plants as a corporation for federal income tax purposes in the second quarter 2016. This resulted in a constructive contribution of all the assets and liabilities associated with the plant to a new subsidiary corporation for federal income tax purposes, and generated both permanent and temporary differences under the income tax accounting standards. The constructive contribution required Entergy to recognize the plant’s nuclear decommissioning liability for income tax purposes resulting in permanent differences. The accrual of the nuclear decommissioning liability required Entergy to recognize a gain for income tax purposes, a significant portion of which resulted in an increase in tax basis of the assets constructively contributed to the subsidiary. Recognition of the gain and the increase in tax basis of the assets represents a temporary difference. The permanent difference reduced income tax expense, net of unrecognized tax benefits, by $238 million.

In 2016, Entergy Louisiana elected mark-to-market income tax treatment for various wholesale electric power purchase and sale agreements, including Entergy Louisiana’s contract to purchase electricity from the Vidalia hydroelectric facility and from System Energy under the Unit Power Sales Agreement. The election resulted in a $2.2 billion deductible temporary difference.
Entergy New Orleans [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes for 2016, 2015, and 2014 for Entergy Corporation and Subsidiaries consist of the following:
 
2016
 
2015
 
2014
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$45,249

 

$77,166

 

$90,061

Foreign
68

 
97

 
90

State
(14,960
)
 
157,829

 
(12,637
)
Total
30,357

 
235,092

 
77,514

Deferred and non-current - net
(840,465
)
 
(864,799
)
 
528,326

Investment tax credit adjustments - net
(7,151
)
 
(13,220
)
 
(16,243
)
Income taxes

($817,259
)
 

($642,927
)
 

$589,597



Income taxes for 2016, 2015, and 2014 for Entergy’s Registrant Subsidiaries consist of the following:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($14,748
)
 

($124,113
)
 

$10,603

 

($91,067
)
 

$19,656

 

$29,628

State
 
2,805

 
10,757

 
2,257

 
566

 
1,374

 
(25,825
)
Total
 
(11,943
)
 
(113,356
)
 
12,860

 
(90,501
)
 
21,030

 
3,803

Deferred and non-current - net
 
120,942

 
208,157

 
46,984

 
119,345

 
42,982

 
71,051

Investment tax credit adjustments - net
 
(1,226
)
 
(5,067
)
 
4,010

 
(139
)
 
(915
)
 
(3,793
)
Income taxes
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$66,966

 

$101,382

 

$25,628

 

($9,346
)
 

$53,313

 

($63,302
)
State
 
6,265

 
35,406

 
6,832

 
1,784

 
2,450

 
26,755

Total
 
73,231

 
136,788

 
32,460

 
(7,562
)
 
55,763

 
(36,547
)
Deferred and non-current - net
 
(31,463
)
 
47,220

 
31,149

 
32,890

 
(17,599
)
 
93,491

Investment tax credit adjustments - net
 
(1,227
)
 
(5,337
)
 
(1,737
)
 
(138
)
 
(914
)
 
(3,867
)
Income taxes
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($44,909
)
 

$8,103

 

($1,428
)
 

$48,610

 

$19,908

State
 
(678
)
 
(1,191
)
 
7,474

 
510

 
4,877

 
15,379

Total
 
(34,936
)
 
(46,100
)
 
15,577

 
(918
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
236,794

 
42,305

 
14,592

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(5,642
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310



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 2016, 2015, and 2014 are:
 
2016
 
2015
 
2014
 
(In Thousands)
Net income (loss) attributable to Entergy Corporation

($583,618
)
 

($176,562
)
 

$940,721

Preferred dividend requirements of subsidiaries
19,115

 
19,828

 
19,536

Consolidated net income (loss)
(564,503
)
 
(156,734
)
 
960,257

Income taxes
(817,259
)
 
(642,927
)
 
589,597

Income (loss) before income taxes

($1,381,762
)
 

($799,661
)
 

$1,549,854

Computed at statutory rate (35%)

($483,617
)
 

($279,881
)
 

$542,449

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
40,581

 
29,944

 
44,708

Regulatory differences - utility plant items
33,581

 
32,089

 
39,321

Equity component of AFUDC
(23,647
)
 
(18,191
)
 
(21,108
)
Amortization of investment tax credits
(10,889
)
 
(11,136
)
 
(12,211
)
Flow-through / permanent differences
(19,307
)
 
(7,872
)
 
(18,003
)
New York tax law change (a)

 

 
(21,500
)
Louisiana business combination

 
(333,655
)
 

Entergy Wholesale Commodities restructuring (b)
(237,760
)
 

 

Act 55 financing settlement (d)
(63,477
)
 

 

Provision for uncertain tax positions (c) (d)
(67,119
)
 
(56,683
)
 
32,573

Valuation allowance
11,411

 

 

Other - net
2,984

 
2,458

 
3,368

Total income taxes as reported

($817,259
)
 

($642,927
)
 

$589,597

Effective Income Tax Rate
59.1
%
 
80.4
%
 
38.0
%


(a)
In March 2014, New York enacted legislation that substantially modified various aspects of New York tax law. The most significant effect of the legislation for Entergy was 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.
(b)
See Other Tax Matters below for discussion of the Entergy Wholesale Commodities restructuring.
(c)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for 2015.
(d)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for 2016.

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 2016, 2015, and 2014 are:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$167,212

 

$622,047

 

$109,184

 

$48,849

 

$107,538

 

$96,744

Income taxes
 
107,773

 
89,734

 
63,854

 
28,705

 
63,097

 
71,061

Pretax income
 

$274,985

 

$711,781

 

$173,038

 

$77,554

 

$170,635

 

$167,805

Computed at statutory rate (35%)
 

$96,245

 

$249,123

 

$60,563

 

$27,144

 

$59,722

 

$58,732

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,652

 
29,014

 
5,592

 
3,543

 
449

 
7,001

Regulatory differences - utility plant items
 
10,971

 
8,094

 
(1,154
)
 
2,329

 
4,140

 
9,201

Equity component of AFUDC
 
(5,985
)
 
(9,774
)
 
(2,030
)
 
(412
)
 
(2,666
)
 
(2,780
)
Amortization of investment tax credits
 
(1,201
)
 
(5,019
)
 
(160
)
 
(132
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(3,848
)
 
(980
)
 
764

 
(3,609
)
 
634

 
(883
)
Act 55 financing settlement (a)
 

 
(61,620
)
 

 

 
(454
)
 

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (a)
 
(717
)
 
(75,871
)
 
50

 
(300
)
 
1,926

 
3,151

Other - net
 
656

 
1,425

 
229

 
142

 
246

 
115

Total income taxes as reported
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061

Effective Income Tax Rate
 
39.2
%
 
12.6
%
 
36.9
%
 
37.0
%
 
37.0
%
 
42.3
%


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$74,272

 

$446,639

 

$92,708

 

$44,925

 

$69,625

 

$111,318

Income taxes
 
40,541

 
178,671

 
61,872

 
25,190

 
37,250

 
53,077

Pretax income
 

$114,813

 

$625,310

 

$154,580

 

$70,115

 

$106,875

 

$164,395

Computed at statutory rate (35%)
 

$40,185

 

$218,859

 

$54,103

 

$24,540

 

$37,406

 

$57,538

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
6,643

 
23,650

 
5,219

 
2,887

 
1,621

 
6,403

Regulatory differences - utility plant items
 
7,299

 
3,013

 
2,383

 
2,201

 
3,703

 
12,167

Equity component of AFUDC
 
(4,979
)
 
(5,420
)
 
(1,083
)
 
(451
)
 
(1,987
)
 
(2,973
)
Amortization of investment tax credits
 
(1,201
)
 
(5,252
)
 
(160
)
 
(111
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(4,062
)
 
2,460

 
431

 
(4,539
)
 
530

 
618

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (b)
 
(3,978
)
 
(15,377
)
 
756

 
525

 
(3,365
)
 
(17,313
)
Other - net
 
634

 
1,396

 
223

 
138

 
242

 
113

Total income taxes as reported
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077

Effective Income Tax Rate
 
35.3
%
 
28.6
%
 
40.0
%
 
35.9
%
 
34.9
%
 
32.3
%


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$446,022

 

$74,821

 

$31,030

 

$74,804

 

$96,334

Income taxes
 
83,629

 
185,052

 
55,710

 
13,450

 
49,644

 
83,310

Pretax income
 

$205,021

 

$631,074

 

$130,531

 

$44,480

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$220,876

 

$45,686

 

$15,568

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

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

 
11,666

 
5,180

 
1,562

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
7,487

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(14,612
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(5,594
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
(225
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(41,255
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
5,336

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
1,373

 
216

 
134

 
233

 
109

Total income taxes as reported
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
29.3
%
 
42.7
%
 
30.2
%
 
39.9
%
 
46.4
%


(a)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for Entergy Louisiana.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for Entergy Louisiana and System Energy.

Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2016 and 2015 are as follows:
 
 
2016
 
2015
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($6,362,905
)
 

($6,804,225
)
Regulatory assets
(584,572
)
 
(646,392
)
Nuclear decommissioning trusts/receivables
(1,739,977
)
 
(1,254,463
)
Pension, net funding
(429,896
)
 
(365,111
)
Combined unitary state taxes
(33,063
)
 
(45,078
)
Power purchase agreements
(993
)
 

Other
(251,719
)
 
(315,844
)
Total
(9,403,125
)
 
(9,431,113
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
1,399,468

 
828,983

Regulatory liabilities
255,272

 
284,432

Pension and other post-employment benefits
539,456

 
525,524

Sale and leaseback
135,866

 
139,720

Compensation
99,300

 
69,432

Accumulated deferred investment tax credit
92,375

 
95,248

Provision for allowances and contingencies
188,390

 
188,282

Power purchase agreements

 
38,401

Net operating loss carryforwards
334,025

 
360,188

Capital losses and miscellaneous tax credits
18,470

 
11,075

Valuation allowance
(104,277
)
 
(91,532
)
Other
59,079

 
68,204

Total
3,017,424

 
2,517,957

Non-current accrued taxes (including unrecognized tax benefits)
(991,704
)
 
(1,338,806
)
Accumulated deferred income taxes and taxes accrued

($7,377,405
)
 

($8,251,962
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$6.7 billion
 
2023-2036
State net operating losses
 
$7.8 billion
 
2017-2036
Miscellaneous federal and state credits
 
$89.9 million
 
2017-2036


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, valuation allowances of $62 million as of December 31, 2016 and $46 million as of December 31, 2015 have been provided on the deferred tax assets relating to these state net operating loss carryovers. Additionally, valuation allowances totaling $42.3 million as of December 31, 2016 and $45.5 million as of December 31, 2015 have been provided on deferred tax assets related to federal and state jurisdictions in which Entergy does not currently expect to be able to utilize separate company tax return losses, preventing realization of such deferred tax assets.

Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2016 and 2015 are as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,857,554
)
 

($2,357,599
)
 

($820,971
)
 

($177,242
)
 

($835,671
)
 

($651,394
)
Regulatory assets
 
(109,241
)
 
(219,750
)
 
(25,309
)
 
(36,301
)
 
(153,914
)
 
(39,879
)
Nuclear decommissioning trusts/receivables
 
(144,250
)
 
(119,544
)
 

 

 

 
(83,891
)
Pension, net funding
 
(123,889
)
 
(122,465
)
 
(34,284
)
 
(16,307
)
 
(28,371
)
 
(29,357
)
Deferred fuel
 
(14,774
)
 
(1,778
)
 
(12,770
)
 
(5,229
)
 
(2,808
)
 
(1,137
)
Other
 
(47,785
)
 
(22,136
)
 
(12,474
)
 
(18,536
)
 
(8,812
)
 
(2,051
)
Total
 
(2,297,493
)
 
(2,843,272
)
 
(905,808
)
 
(253,615
)
 
(1,029,576
)
 
(807,709
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
5,768

 
175,973

 
18,833

 
25,240

 
15,814

 
13,644

Nuclear decommissioning liabilities
 
124,206

 
55,408

 

 

 

 
53,113

Pension and other post-employment benefits
 
(24,467
)
 
145,401

 
(8,042
)
 
(12,070
)
 
(19,096
)
 
(1,182
)
Sale and leaseback
 

 
33,383

 

 

 

 
102,483

Accumulated deferred investment tax credit
 
13,848

 
54,509

 
3,315

 
239

 
4,527

 
15,936

Provision for allowances and contingencies
 
(1,497
)
 
124,309

 
21,817

 
36,466

 
5,904

 

Power purchase agreements
 
(3,094
)
 
29,827

 
1,905

 

 
140

 

Unbilled/deferred revenues
 
6,799

 
(35,006
)
 
5,085

 
3,751

 
11,902

 

Compensation
 
2,787

 
5,309

 
1,492

 
685

 
1,587

 
360

Net operating loss carryforwards
 
69,524

 
17,125

 

 

 

 

Capital losses and miscellaneous tax credits
 
2,074

 

 
4,487

 

 

 

Other
 
174

 
17,110

 
1,152

 
496

 
2,955

 

Total
 
196,122

 
623,348

 
50,044

 
54,807

 
23,733

 
184,354

Non-current accrued taxes (including unrecognized tax benefits)
 
(85,252
)
 
(471,194
)
 
(5,567
)
 
(136,145
)
 
(21,804
)
 
(489,510
)
Accumulated deferred income taxes and taxes accrued
 

($2,186,623
)
 

($2,691,118
)
 

($861,331
)
 

($334,953
)
 

($1,027,647
)
 

($1,112,865
)
2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,710,444
)
 

($2,041,968
)
 

($781,427
)
 

($167,294
)
 

($778,270
)
 

($611,745
)
Regulatory assets
 
(108,422
)
 
(254,316
)
 
(24,918
)
 
(39,451
)
 
(172,117
)
 
(46,990
)
Nuclear decommissioning trusts
 
(121,326
)
 
(99,980
)
 

 

 

 
(68,370
)
Pension, net funding
 
(107,073
)
 
(109,709
)
 
(30,901
)
 
(14,459
)
 
(28,001
)
 
(25,791
)
Deferred fuel
 
(7,647
)
 
(2,513
)
 
(684
)
 
(175
)
 
2,050

 
(18
)
Power purchase agreements
 

 

 

 

 

 

Other
 
(38,683
)
 
(86,275
)
 
(5,625
)
 
(12,253
)
 
(10,109
)
 
(22,478
)
Total
 
(2,093,595
)
 
(2,594,761
)
 
(843,555
)
 
(233,632
)
 
(986,447
)
 
(775,392
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
18,369

 
215,154

 
7,787

 
20,888

 
7,307

 
14,927

Nuclear decommissioning liabilities
 
109,962

 
49,333

 

 

 

 
39,420

Pension and other post-employment benefits
 
(20,420
)
 
149,680

 
(6,628
)
 
(8,939
)
 
(16,703
)
 
(1,037
)
Sale and leaseback
 

 
37,236

 

 

 

 
102,484

Accumulated deferred investment tax credit
 
14,320

 
56,635

 
1,777

 
290

 
4,842

 
17,385

Provision for allowances and contingencies
 
1,024

 
123,007

 
18,735

 
33,843

 
7,266

 
134

Power purchase agreements
 
(1,279
)
 
13,840

 
1,901

 
13

 
575

 

Unbilled/deferred revenues
 
9,815

 
(32,365
)
 
7,154

 
2,126

 
10,851

 

Compensation
 
1,842

 
4,182

 
601

 
880

 
4,496

 

Net operating loss carryforwards
 

 
90,241

 

 

 

 

Other
 
128

 
21,982

 
1,995

 
316

 
1,672

 

Total
 
133,761

 
728,925

 
33,322

 
49,417

 
20,306

 
173,313

Non-current accrued taxes (including unrecognized tax benefits)
 
(22,978
)
 
(641,120
)
 
(402
)
 
(29,846
)
 
(40,693
)
 
(416,996
)
Accumulated deferred income taxes and taxes accrued
 

($1,982,812
)
 

($2,506,956
)
 

($810,635
)
 

($214,061
)
 

($1,006,834
)
 

($1,019,075
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
 
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 
$184 million
 
$4.4 billion
 
 
$34 million
 
 
$201 million
Year(s) of expiration
 
2028-2036
 
2036
 
N/A
 
2028-2036
 
N/A
 
2028-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State net operating losses
 
$80 million
 
$4.8 billion
 
 
$285 million
 
 
$175 million
Year(s) of expiration
 
2021
 
2029-2036
 
N/A
 
2032-2035
 
N/A
 
2035
 
 
 
 
 
 
 
 
 
 
 
 
 
Misc. federal credits
 
$2 million
 
 
$3 million
 
 
 
$2 million
Year(s) of expiration
 
2029-2036
 
N/A
 
2029-2036
 
N/A
 
N/A
 
2029-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State credits
 
 
 
$4.5 million
 
 
$3.4 million
 
$8.4 million
Year(s) of expiration
 
N/A
 
N/A
 
2018-2020
 
N/A
 
2026
 
2017-2020


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:
 
2016
 
2015
 
2014
 
(In Thousands)
Gross balance at January 1

$2,611,585

 

$4,736,785

 

$4,593,224

Additions based on tax positions related to the current year
1,532,782

 
1,850,705

 
348,543

Additions for tax positions of prior years
368,404

 
59,815

 
11,637

Reductions for tax positions of prior years (a)
(265,653
)
 
(3,966,535
)
 
(213,401
)
Settlements
(337,263
)
 
(68,227
)
 

Lapse of statute of limitations

 
(958
)
 
(3,218
)
Gross balance at December 31
3,909,855

 
2,611,585

 
4,736,785

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Carryovers and refund claims
(2,922,085
)
 
(1,264,483
)
 
(4,295,643
)
Cash paid to taxing authorities
(10,000
)
 

 

Unrecognized tax benefits net of unused tax attributes, refund claims and payments (b)

$977,770

 

$1,347,102

 

$441,142



(a)
The primary reduction for 2015 is related to the nuclear decommissioning costs treatment discussed in “Income Tax Audits - 2008-2009 IRS Audit” below.
(b)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $1,240 million, $955 million, and $516 million as of December 31, 2016, 2015, and 2014, 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 $2,670 million, $1,657 million, and $4,221 million as of December 31, 2016, 2015, and 2014, 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, 2016, 2015, and 2014 accrued balance for the possible payment of interest is approximately $30 million, $27 million, and $127 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2016, 2015, and 2014 is as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2016
 

$25,445

 

$1,690,661

 

$19,482

 

$53,897

 

$13,462

 

$478,318

Additions based on tax positions related to the current year (a)
 
16,868

 
931,720

 
2,662

 
33,912

 
2,002

 
5,318

Additions for tax positions of prior years
 
2,463

 
157,586

 
336

 
129,784

 
2,888

 
601

Reductions for tax positions of prior years
 
(41,957
)
 
(144,068
)
 
(10,219
)
 
(29,821
)
 
(1,849
)
 
(10,266
)
Settlements
 
(316
)
 
(195,560
)
 
(55
)
 
(21,542
)
 
(557
)
 
(1,599
)
Gross balance at December 31, 2016
 
2,503

 
2,440,339

 
12,206

 
166,230

 
15,946

 
472,372

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 

 
(1,783,093
)
 
(2,373
)
 
(27,320
)
 
(376
)
 
(90,028
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,503

 

$657,246

 

$9,833

 

$138,910

 

$15,570

 

$382,344



2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2015
 

$362,912

 

$1,205,929

 

$20,144

 

$53,763

 

$17,264

 

$258,242

Additions based on tax positions related to the current year (b)
 
2,196

 
1,367,058

 
566

 
472

 
657

 
472,304

Additions for tax positions of prior years
 
1,057

 
7,992

 
8,140

 
48

 
2,914

 
913

Reductions for tax positions of prior years
 
(340,720
)
 
(859,430
)
 

 
(386
)
 
(3,981
)
 
(253,141
)
Settlements
 

 
(30,888
)
 
(9,368
)
 

 
(3,392
)
 

Gross balance at December 31, 2015
 
25,445

 
1,690,661

 
19,482

 
53,897

 
13,462

 
478,318

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(3,613
)
 
(893,764
)
 
(1,016
)
 
(506
)
 
(276
)
 
(133,611
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$21,832

 

$796,897

 

$18,466

 

$53,391

 

$13,186

 

$344,707


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$1,076,680

 

$16,186

 

$51,679

 

$13,017

 

$265,185

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

 
151,249

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
6,924

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(28,924
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
1,205,929

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(739,988
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$465,941

 

$13,152

 

$33,028

 

$17,023

 

$95,118



(a)
The primary addition for Entergy Louisiana is related to the mark-to market treatment discussed in “Other Tax Matters” below.
(b)
The primary addition for Entergy Louisiana and System Energy is related to the nuclear decommissioning costs treatment discussed in “Other Tax Matters” below.

The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$3.6

 

$4.5

 

$2.6

Entergy Louisiana

$473.3

 

$692.7

 

$267.3

Entergy Mississippi

$—

 

$8.1

 

$3.9

Entergy New Orleans

$33.6

 

$50.7

 

$50.7

Entergy Texas

$7.0

 

$5.2

 

$10.5

System Energy

$—

 

$0.7

 

$3.7



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,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$1.4

 

$1.3

 

$17.0

Entergy Louisiana

$8.4

 

$9.3

 

$22.2

Entergy Mississippi

$0.8

 

$0.4

 

$2.8

Entergy New Orleans

$1.5

 

$1.8

 

$1.3

Entergy Texas

$1.2

 

$1.2

 

$1.0

System Energy

$3.7

 

$0.7

 

$23.8



Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are complete for years before 2012. All state taxing authorities’ examinations are completed for years before 2009.

2006-2007 IRS Audit

In the first quarter 2015, the IRS finalized tax and interest computations from the 2006-2007 audit that resulted in a reversal of Entergy’s provision for uncertain tax positions related to accrued interest of approximately $20 million, including decreases of approximately $4 million for Entergy Arkansas, $11 million for Entergy Louisiana, and $1 million for System Energy.

2008-2009 IRS Audit

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 disagreed with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division in October 2013.

In August 2015, Entergy and the IRS agreed on the treatment of the 2009 position regarding nuclear decommissioning liabilities from the 2008-2009 audit. The agreement provides that Entergy is entitled to deduct approximately $118 million of the $9.3 billion claimed in 2009. The agreement effectively settled all matters pertaining to the 2009 tax year and increased Entergy’s 2009 federal income tax liability by $2.4 million.

2010-2011 IRS Audit

The IRS completed its examination of the 2010 and 2011 tax years and issued its 2010-2011 Revenue Agent Report (RAR) in June 2016. Entergy agreed to all proposed adjustments contained in the RAR. As a result of the issuance of the RAR, Entergy Louisiana was able to recognize previously unrecognized tax benefits as follows:

Entergy and the IRS agreed that $148.6 million of the proceeds received by Entergy Louisiana in 2010 from the Louisiana Utilities Restoration Corporation (LURC), an instrumentality of the State of Louisiana, for the financing of Hurricane Gustav and Hurricane Ike storm costs pursuant to Act 55 of the Louisiana Regular Session of 2007 (Louisiana Act 55) were not taxable. Because the treatment of the financing is settled, Entergy recognized previously unrecognized tax benefits totaling $63.5 million, of which Entergy Louisiana recorded $61.6 million. Entergy Louisiana also accrued a regulatory liability of $16.1 million ($9.9 million net-of-tax) in accordance with the terms of Entergy Louisiana’s previous settlement agreement approved by the LPSC regarding Entergy Louisiana’s obligation to pay to customers savings associated with the Act 55 financing.

Entergy and the IRS agreed upon the tax treatment of Entergy Louisiana’s regulatory liability related to the Vidalia purchased power agreement. As a result, Entergy Louisiana recognized a previously unrecognized tax benefit of $74.5 million.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of audit issues could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In October 2015 two of Entergy’s Louisiana utilities, Entergy Gulf States Louisiana and Entergy Louisiana, combined their businesses into a legal entity which is identified as Entergy Louisiana herein. The structure of the business combination generated both a permanent difference and a temporary difference under FASB ASC Topic 740. The permanent difference resulted from recognition of the Waterford 3 and River Bend decommissioning liabilities as part of the business combination. Recognition of such decommissioning liabilities required Entergy to also recognize a taxable gain. The taxable gain resulted in a temporary difference because the gain provided for an increase in tax basis. Entergy Louisiana maintained a carryover tax basis in the assets received; and, to the extent that the increase in tax basis will provide additional tax depreciation, Entergy recorded a deferred tax asset. Entergy Louisiana obtained the corresponding deferred tax asset in the business combination. The permanent tax benefit net of ancillary tax charges was approximately $334 million. Consistent with the terms of the stipulated settlement in the business combination proceeding, electric customers of Entergy Louisiana will realize customer credits associated with the business combination. Accordingly, in October 2015, Entergy recorded a regulatory liability of $107 million ($66 million net-of-tax) which partially offsets the effect of the aforementioned deferred tax asset. The deferred tax asset and the regulatory liability, net-of-tax, increased Entergy Louisiana’s member’s equity by $268 million. See Note 2 to the financial statements for further discussion of the business combination.

In the fourth quarter 2015, System Energy and Entergy Louisiana adopted a new method of accounting for income tax return purposes in which the companies’ nuclear decommissioning costs will be treated as production costs of electricity includable in cost of goods sold. The new method results in a reduction of taxable income of $1.2 billion for System Energy and $2.2 billion for Entergy Louisiana.

The Protecting Americans from Tax Hikes Act of 2015 was enacted in December 2015. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a five-year extension of bonus depreciation and permanent extension of the research and experimentation tax credit. The effect of the bonus depreciation extension on 2015 increased Entergy’s tax net operating loss.

Entergy made a tax election to treat its subsidiary that owns one of the Entergy Wholesale Commodities nuclear power plants as a corporation for federal income tax purposes in the second quarter 2016. This resulted in a constructive contribution of all the assets and liabilities associated with the plant to a new subsidiary corporation for federal income tax purposes, and generated both permanent and temporary differences under the income tax accounting standards. The constructive contribution required Entergy to recognize the plant’s nuclear decommissioning liability for income tax purposes resulting in permanent differences. The accrual of the nuclear decommissioning liability required Entergy to recognize a gain for income tax purposes, a significant portion of which resulted in an increase in tax basis of the assets constructively contributed to the subsidiary. Recognition of the gain and the increase in tax basis of the assets represents a temporary difference. The permanent difference reduced income tax expense, net of unrecognized tax benefits, by $238 million.

In 2016, Entergy Louisiana elected mark-to-market income tax treatment for various wholesale electric power purchase and sale agreements, including Entergy Louisiana’s contract to purchase electricity from the Vidalia hydroelectric facility and from System Energy under the Unit Power Sales Agreement. The election resulted in a $2.2 billion deductible temporary difference.
Entergy Texas [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes for 2016, 2015, and 2014 for Entergy Corporation and Subsidiaries consist of the following:
 
2016
 
2015
 
2014
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$45,249

 

$77,166

 

$90,061

Foreign
68

 
97

 
90

State
(14,960
)
 
157,829

 
(12,637
)
Total
30,357

 
235,092

 
77,514

Deferred and non-current - net
(840,465
)
 
(864,799
)
 
528,326

Investment tax credit adjustments - net
(7,151
)
 
(13,220
)
 
(16,243
)
Income taxes

($817,259
)
 

($642,927
)
 

$589,597



Income taxes for 2016, 2015, and 2014 for Entergy’s Registrant Subsidiaries consist of the following:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($14,748
)
 

($124,113
)
 

$10,603

 

($91,067
)
 

$19,656

 

$29,628

State
 
2,805

 
10,757

 
2,257

 
566

 
1,374

 
(25,825
)
Total
 
(11,943
)
 
(113,356
)
 
12,860

 
(90,501
)
 
21,030

 
3,803

Deferred and non-current - net
 
120,942

 
208,157

 
46,984

 
119,345

 
42,982

 
71,051

Investment tax credit adjustments - net
 
(1,226
)
 
(5,067
)
 
4,010

 
(139
)
 
(915
)
 
(3,793
)
Income taxes
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$66,966

 

$101,382

 

$25,628

 

($9,346
)
 

$53,313

 

($63,302
)
State
 
6,265

 
35,406

 
6,832

 
1,784

 
2,450

 
26,755

Total
 
73,231

 
136,788

 
32,460

 
(7,562
)
 
55,763

 
(36,547
)
Deferred and non-current - net
 
(31,463
)
 
47,220

 
31,149

 
32,890

 
(17,599
)
 
93,491

Investment tax credit adjustments - net
 
(1,227
)
 
(5,337
)
 
(1,737
)
 
(138
)
 
(914
)
 
(3,867
)
Income taxes
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($44,909
)
 

$8,103

 

($1,428
)
 

$48,610

 

$19,908

State
 
(678
)
 
(1,191
)
 
7,474

 
510

 
4,877

 
15,379

Total
 
(34,936
)
 
(46,100
)
 
15,577

 
(918
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
236,794

 
42,305

 
14,592

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(5,642
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310



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 2016, 2015, and 2014 are:
 
2016
 
2015
 
2014
 
(In Thousands)
Net income (loss) attributable to Entergy Corporation

($583,618
)
 

($176,562
)
 

$940,721

Preferred dividend requirements of subsidiaries
19,115

 
19,828

 
19,536

Consolidated net income (loss)
(564,503
)
 
(156,734
)
 
960,257

Income taxes
(817,259
)
 
(642,927
)
 
589,597

Income (loss) before income taxes

($1,381,762
)
 

($799,661
)
 

$1,549,854

Computed at statutory rate (35%)

($483,617
)
 

($279,881
)
 

$542,449

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
40,581

 
29,944

 
44,708

Regulatory differences - utility plant items
33,581

 
32,089

 
39,321

Equity component of AFUDC
(23,647
)
 
(18,191
)
 
(21,108
)
Amortization of investment tax credits
(10,889
)
 
(11,136
)
 
(12,211
)
Flow-through / permanent differences
(19,307
)
 
(7,872
)
 
(18,003
)
New York tax law change (a)

 

 
(21,500
)
Louisiana business combination

 
(333,655
)
 

Entergy Wholesale Commodities restructuring (b)
(237,760
)
 

 

Act 55 financing settlement (d)
(63,477
)
 

 

Provision for uncertain tax positions (c) (d)
(67,119
)
 
(56,683
)
 
32,573

Valuation allowance
11,411

 

 

Other - net
2,984

 
2,458

 
3,368

Total income taxes as reported

($817,259
)
 

($642,927
)
 

$589,597

Effective Income Tax Rate
59.1
%
 
80.4
%
 
38.0
%


(a)
In March 2014, New York enacted legislation that substantially modified various aspects of New York tax law. The most significant effect of the legislation for Entergy was 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.
(b)
See Other Tax Matters below for discussion of the Entergy Wholesale Commodities restructuring.
(c)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for 2015.
(d)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for 2016.

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 2016, 2015, and 2014 are:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$167,212

 

$622,047

 

$109,184

 

$48,849

 

$107,538

 

$96,744

Income taxes
 
107,773

 
89,734

 
63,854

 
28,705

 
63,097

 
71,061

Pretax income
 

$274,985

 

$711,781

 

$173,038

 

$77,554

 

$170,635

 

$167,805

Computed at statutory rate (35%)
 

$96,245

 

$249,123

 

$60,563

 

$27,144

 

$59,722

 

$58,732

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,652

 
29,014

 
5,592

 
3,543

 
449

 
7,001

Regulatory differences - utility plant items
 
10,971

 
8,094

 
(1,154
)
 
2,329

 
4,140

 
9,201

Equity component of AFUDC
 
(5,985
)
 
(9,774
)
 
(2,030
)
 
(412
)
 
(2,666
)
 
(2,780
)
Amortization of investment tax credits
 
(1,201
)
 
(5,019
)
 
(160
)
 
(132
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(3,848
)
 
(980
)
 
764

 
(3,609
)
 
634

 
(883
)
Act 55 financing settlement (a)
 

 
(61,620
)
 

 

 
(454
)
 

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (a)
 
(717
)
 
(75,871
)
 
50

 
(300
)
 
1,926

 
3,151

Other - net
 
656

 
1,425

 
229

 
142

 
246

 
115

Total income taxes as reported
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061

Effective Income Tax Rate
 
39.2
%
 
12.6
%
 
36.9
%
 
37.0
%
 
37.0
%
 
42.3
%


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$74,272

 

$446,639

 

$92,708

 

$44,925

 

$69,625

 

$111,318

Income taxes
 
40,541

 
178,671

 
61,872

 
25,190

 
37,250

 
53,077

Pretax income
 

$114,813

 

$625,310

 

$154,580

 

$70,115

 

$106,875

 

$164,395

Computed at statutory rate (35%)
 

$40,185

 

$218,859

 

$54,103

 

$24,540

 

$37,406

 

$57,538

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
6,643

 
23,650

 
5,219

 
2,887

 
1,621

 
6,403

Regulatory differences - utility plant items
 
7,299

 
3,013

 
2,383

 
2,201

 
3,703

 
12,167

Equity component of AFUDC
 
(4,979
)
 
(5,420
)
 
(1,083
)
 
(451
)
 
(1,987
)
 
(2,973
)
Amortization of investment tax credits
 
(1,201
)
 
(5,252
)
 
(160
)
 
(111
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(4,062
)
 
2,460

 
431

 
(4,539
)
 
530

 
618

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (b)
 
(3,978
)
 
(15,377
)
 
756

 
525

 
(3,365
)
 
(17,313
)
Other - net
 
634

 
1,396

 
223

 
138

 
242

 
113

Total income taxes as reported
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077

Effective Income Tax Rate
 
35.3
%
 
28.6
%
 
40.0
%
 
35.9
%
 
34.9
%
 
32.3
%


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$446,022

 

$74,821

 

$31,030

 

$74,804

 

$96,334

Income taxes
 
83,629

 
185,052

 
55,710

 
13,450

 
49,644

 
83,310

Pretax income
 

$205,021

 

$631,074

 

$130,531

 

$44,480

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$220,876

 

$45,686

 

$15,568

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

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

 
11,666

 
5,180

 
1,562

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
7,487

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(14,612
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(5,594
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
(225
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(41,255
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
5,336

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
1,373

 
216

 
134

 
233

 
109

Total income taxes as reported
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
29.3
%
 
42.7
%
 
30.2
%
 
39.9
%
 
46.4
%


(a)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for Entergy Louisiana.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for Entergy Louisiana and System Energy.

Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2016 and 2015 are as follows:
 
 
2016
 
2015
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($6,362,905
)
 

($6,804,225
)
Regulatory assets
(584,572
)
 
(646,392
)
Nuclear decommissioning trusts/receivables
(1,739,977
)
 
(1,254,463
)
Pension, net funding
(429,896
)
 
(365,111
)
Combined unitary state taxes
(33,063
)
 
(45,078
)
Power purchase agreements
(993
)
 

Other
(251,719
)
 
(315,844
)
Total
(9,403,125
)
 
(9,431,113
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
1,399,468

 
828,983

Regulatory liabilities
255,272

 
284,432

Pension and other post-employment benefits
539,456

 
525,524

Sale and leaseback
135,866

 
139,720

Compensation
99,300

 
69,432

Accumulated deferred investment tax credit
92,375

 
95,248

Provision for allowances and contingencies
188,390

 
188,282

Power purchase agreements

 
38,401

Net operating loss carryforwards
334,025

 
360,188

Capital losses and miscellaneous tax credits
18,470

 
11,075

Valuation allowance
(104,277
)
 
(91,532
)
Other
59,079

 
68,204

Total
3,017,424

 
2,517,957

Non-current accrued taxes (including unrecognized tax benefits)
(991,704
)
 
(1,338,806
)
Accumulated deferred income taxes and taxes accrued

($7,377,405
)
 

($8,251,962
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$6.7 billion
 
2023-2036
State net operating losses
 
$7.8 billion
 
2017-2036
Miscellaneous federal and state credits
 
$89.9 million
 
2017-2036


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, valuation allowances of $62 million as of December 31, 2016 and $46 million as of December 31, 2015 have been provided on the deferred tax assets relating to these state net operating loss carryovers. Additionally, valuation allowances totaling $42.3 million as of December 31, 2016 and $45.5 million as of December 31, 2015 have been provided on deferred tax assets related to federal and state jurisdictions in which Entergy does not currently expect to be able to utilize separate company tax return losses, preventing realization of such deferred tax assets.

Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2016 and 2015 are as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,857,554
)
 

($2,357,599
)
 

($820,971
)
 

($177,242
)
 

($835,671
)
 

($651,394
)
Regulatory assets
 
(109,241
)
 
(219,750
)
 
(25,309
)
 
(36,301
)
 
(153,914
)
 
(39,879
)
Nuclear decommissioning trusts/receivables
 
(144,250
)
 
(119,544
)
 

 

 

 
(83,891
)
Pension, net funding
 
(123,889
)
 
(122,465
)
 
(34,284
)
 
(16,307
)
 
(28,371
)
 
(29,357
)
Deferred fuel
 
(14,774
)
 
(1,778
)
 
(12,770
)
 
(5,229
)
 
(2,808
)
 
(1,137
)
Other
 
(47,785
)
 
(22,136
)
 
(12,474
)
 
(18,536
)
 
(8,812
)
 
(2,051
)
Total
 
(2,297,493
)
 
(2,843,272
)
 
(905,808
)
 
(253,615
)
 
(1,029,576
)
 
(807,709
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
5,768

 
175,973

 
18,833

 
25,240

 
15,814

 
13,644

Nuclear decommissioning liabilities
 
124,206

 
55,408

 

 

 

 
53,113

Pension and other post-employment benefits
 
(24,467
)
 
145,401

 
(8,042
)
 
(12,070
)
 
(19,096
)
 
(1,182
)
Sale and leaseback
 

 
33,383

 

 

 

 
102,483

Accumulated deferred investment tax credit
 
13,848

 
54,509

 
3,315

 
239

 
4,527

 
15,936

Provision for allowances and contingencies
 
(1,497
)
 
124,309

 
21,817

 
36,466

 
5,904

 

Power purchase agreements
 
(3,094
)
 
29,827

 
1,905

 

 
140

 

Unbilled/deferred revenues
 
6,799

 
(35,006
)
 
5,085

 
3,751

 
11,902

 

Compensation
 
2,787

 
5,309

 
1,492

 
685

 
1,587

 
360

Net operating loss carryforwards
 
69,524

 
17,125

 

 

 

 

Capital losses and miscellaneous tax credits
 
2,074

 

 
4,487

 

 

 

Other
 
174

 
17,110

 
1,152

 
496

 
2,955

 

Total
 
196,122

 
623,348

 
50,044

 
54,807

 
23,733

 
184,354

Non-current accrued taxes (including unrecognized tax benefits)
 
(85,252
)
 
(471,194
)
 
(5,567
)
 
(136,145
)
 
(21,804
)
 
(489,510
)
Accumulated deferred income taxes and taxes accrued
 

($2,186,623
)
 

($2,691,118
)
 

($861,331
)
 

($334,953
)
 

($1,027,647
)
 

($1,112,865
)
2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,710,444
)
 

($2,041,968
)
 

($781,427
)
 

($167,294
)
 

($778,270
)
 

($611,745
)
Regulatory assets
 
(108,422
)
 
(254,316
)
 
(24,918
)
 
(39,451
)
 
(172,117
)
 
(46,990
)
Nuclear decommissioning trusts
 
(121,326
)
 
(99,980
)
 

 

 

 
(68,370
)
Pension, net funding
 
(107,073
)
 
(109,709
)
 
(30,901
)
 
(14,459
)
 
(28,001
)
 
(25,791
)
Deferred fuel
 
(7,647
)
 
(2,513
)
 
(684
)
 
(175
)
 
2,050

 
(18
)
Power purchase agreements
 

 

 

 

 

 

Other
 
(38,683
)
 
(86,275
)
 
(5,625
)
 
(12,253
)
 
(10,109
)
 
(22,478
)
Total
 
(2,093,595
)
 
(2,594,761
)
 
(843,555
)
 
(233,632
)
 
(986,447
)
 
(775,392
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
18,369

 
215,154

 
7,787

 
20,888

 
7,307

 
14,927

Nuclear decommissioning liabilities
 
109,962

 
49,333

 

 

 

 
39,420

Pension and other post-employment benefits
 
(20,420
)
 
149,680

 
(6,628
)
 
(8,939
)
 
(16,703
)
 
(1,037
)
Sale and leaseback
 

 
37,236

 

 

 

 
102,484

Accumulated deferred investment tax credit
 
14,320

 
56,635

 
1,777

 
290

 
4,842

 
17,385

Provision for allowances and contingencies
 
1,024

 
123,007

 
18,735

 
33,843

 
7,266

 
134

Power purchase agreements
 
(1,279
)
 
13,840

 
1,901

 
13

 
575

 

Unbilled/deferred revenues
 
9,815

 
(32,365
)
 
7,154

 
2,126

 
10,851

 

Compensation
 
1,842

 
4,182

 
601

 
880

 
4,496

 

Net operating loss carryforwards
 

 
90,241

 

 

 

 

Other
 
128

 
21,982

 
1,995

 
316

 
1,672

 

Total
 
133,761

 
728,925

 
33,322

 
49,417

 
20,306

 
173,313

Non-current accrued taxes (including unrecognized tax benefits)
 
(22,978
)
 
(641,120
)
 
(402
)
 
(29,846
)
 
(40,693
)
 
(416,996
)
Accumulated deferred income taxes and taxes accrued
 

($1,982,812
)
 

($2,506,956
)
 

($810,635
)
 

($214,061
)
 

($1,006,834
)
 

($1,019,075
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
 
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 
$184 million
 
$4.4 billion
 
 
$34 million
 
 
$201 million
Year(s) of expiration
 
2028-2036
 
2036
 
N/A
 
2028-2036
 
N/A
 
2028-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State net operating losses
 
$80 million
 
$4.8 billion
 
 
$285 million
 
 
$175 million
Year(s) of expiration
 
2021
 
2029-2036
 
N/A
 
2032-2035
 
N/A
 
2035
 
 
 
 
 
 
 
 
 
 
 
 
 
Misc. federal credits
 
$2 million
 
 
$3 million
 
 
 
$2 million
Year(s) of expiration
 
2029-2036
 
N/A
 
2029-2036
 
N/A
 
N/A
 
2029-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State credits
 
 
 
$4.5 million
 
 
$3.4 million
 
$8.4 million
Year(s) of expiration
 
N/A
 
N/A
 
2018-2020
 
N/A
 
2026
 
2017-2020


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:
 
2016
 
2015
 
2014
 
(In Thousands)
Gross balance at January 1

$2,611,585

 

$4,736,785

 

$4,593,224

Additions based on tax positions related to the current year
1,532,782

 
1,850,705

 
348,543

Additions for tax positions of prior years
368,404

 
59,815

 
11,637

Reductions for tax positions of prior years (a)
(265,653
)
 
(3,966,535
)
 
(213,401
)
Settlements
(337,263
)
 
(68,227
)
 

Lapse of statute of limitations

 
(958
)
 
(3,218
)
Gross balance at December 31
3,909,855

 
2,611,585

 
4,736,785

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Carryovers and refund claims
(2,922,085
)
 
(1,264,483
)
 
(4,295,643
)
Cash paid to taxing authorities
(10,000
)
 

 

Unrecognized tax benefits net of unused tax attributes, refund claims and payments (b)

$977,770

 

$1,347,102

 

$441,142



(a)
The primary reduction for 2015 is related to the nuclear decommissioning costs treatment discussed in “Income Tax Audits - 2008-2009 IRS Audit” below.
(b)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $1,240 million, $955 million, and $516 million as of December 31, 2016, 2015, and 2014, 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 $2,670 million, $1,657 million, and $4,221 million as of December 31, 2016, 2015, and 2014, 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, 2016, 2015, and 2014 accrued balance for the possible payment of interest is approximately $30 million, $27 million, and $127 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2016, 2015, and 2014 is as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2016
 

$25,445

 

$1,690,661

 

$19,482

 

$53,897

 

$13,462

 

$478,318

Additions based on tax positions related to the current year (a)
 
16,868

 
931,720

 
2,662

 
33,912

 
2,002

 
5,318

Additions for tax positions of prior years
 
2,463

 
157,586

 
336

 
129,784

 
2,888

 
601

Reductions for tax positions of prior years
 
(41,957
)
 
(144,068
)
 
(10,219
)
 
(29,821
)
 
(1,849
)
 
(10,266
)
Settlements
 
(316
)
 
(195,560
)
 
(55
)
 
(21,542
)
 
(557
)
 
(1,599
)
Gross balance at December 31, 2016
 
2,503

 
2,440,339

 
12,206

 
166,230

 
15,946

 
472,372

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 

 
(1,783,093
)
 
(2,373
)
 
(27,320
)
 
(376
)
 
(90,028
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,503

 

$657,246

 

$9,833

 

$138,910

 

$15,570

 

$382,344



2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2015
 

$362,912

 

$1,205,929

 

$20,144

 

$53,763

 

$17,264

 

$258,242

Additions based on tax positions related to the current year (b)
 
2,196

 
1,367,058

 
566

 
472

 
657

 
472,304

Additions for tax positions of prior years
 
1,057

 
7,992

 
8,140

 
48

 
2,914

 
913

Reductions for tax positions of prior years
 
(340,720
)
 
(859,430
)
 

 
(386
)
 
(3,981
)
 
(253,141
)
Settlements
 

 
(30,888
)
 
(9,368
)
 

 
(3,392
)
 

Gross balance at December 31, 2015
 
25,445

 
1,690,661

 
19,482

 
53,897

 
13,462

 
478,318

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(3,613
)
 
(893,764
)
 
(1,016
)
 
(506
)
 
(276
)
 
(133,611
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$21,832

 

$796,897

 

$18,466

 

$53,391

 

$13,186

 

$344,707


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$1,076,680

 

$16,186

 

$51,679

 

$13,017

 

$265,185

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

 
151,249

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
6,924

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(28,924
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
1,205,929

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(739,988
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$465,941

 

$13,152

 

$33,028

 

$17,023

 

$95,118



(a)
The primary addition for Entergy Louisiana is related to the mark-to market treatment discussed in “Other Tax Matters” below.
(b)
The primary addition for Entergy Louisiana and System Energy is related to the nuclear decommissioning costs treatment discussed in “Other Tax Matters” below.

The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$3.6

 

$4.5

 

$2.6

Entergy Louisiana

$473.3

 

$692.7

 

$267.3

Entergy Mississippi

$—

 

$8.1

 

$3.9

Entergy New Orleans

$33.6

 

$50.7

 

$50.7

Entergy Texas

$7.0

 

$5.2

 

$10.5

System Energy

$—

 

$0.7

 

$3.7



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,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$1.4

 

$1.3

 

$17.0

Entergy Louisiana

$8.4

 

$9.3

 

$22.2

Entergy Mississippi

$0.8

 

$0.4

 

$2.8

Entergy New Orleans

$1.5

 

$1.8

 

$1.3

Entergy Texas

$1.2

 

$1.2

 

$1.0

System Energy

$3.7

 

$0.7

 

$23.8



Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are complete for years before 2012. All state taxing authorities’ examinations are completed for years before 2009.

2006-2007 IRS Audit

In the first quarter 2015, the IRS finalized tax and interest computations from the 2006-2007 audit that resulted in a reversal of Entergy’s provision for uncertain tax positions related to accrued interest of approximately $20 million, including decreases of approximately $4 million for Entergy Arkansas, $11 million for Entergy Louisiana, and $1 million for System Energy.

2008-2009 IRS Audit

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 disagreed with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division in October 2013.

In August 2015, Entergy and the IRS agreed on the treatment of the 2009 position regarding nuclear decommissioning liabilities from the 2008-2009 audit. The agreement provides that Entergy is entitled to deduct approximately $118 million of the $9.3 billion claimed in 2009. The agreement effectively settled all matters pertaining to the 2009 tax year and increased Entergy’s 2009 federal income tax liability by $2.4 million.

2010-2011 IRS Audit

The IRS completed its examination of the 2010 and 2011 tax years and issued its 2010-2011 Revenue Agent Report (RAR) in June 2016. Entergy agreed to all proposed adjustments contained in the RAR. As a result of the issuance of the RAR, Entergy Louisiana was able to recognize previously unrecognized tax benefits as follows:

Entergy and the IRS agreed that $148.6 million of the proceeds received by Entergy Louisiana in 2010 from the Louisiana Utilities Restoration Corporation (LURC), an instrumentality of the State of Louisiana, for the financing of Hurricane Gustav and Hurricane Ike storm costs pursuant to Act 55 of the Louisiana Regular Session of 2007 (Louisiana Act 55) were not taxable. Because the treatment of the financing is settled, Entergy recognized previously unrecognized tax benefits totaling $63.5 million, of which Entergy Louisiana recorded $61.6 million. Entergy Louisiana also accrued a regulatory liability of $16.1 million ($9.9 million net-of-tax) in accordance with the terms of Entergy Louisiana’s previous settlement agreement approved by the LPSC regarding Entergy Louisiana’s obligation to pay to customers savings associated with the Act 55 financing.

Entergy and the IRS agreed upon the tax treatment of Entergy Louisiana’s regulatory liability related to the Vidalia purchased power agreement. As a result, Entergy Louisiana recognized a previously unrecognized tax benefit of $74.5 million.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of audit issues could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In October 2015 two of Entergy’s Louisiana utilities, Entergy Gulf States Louisiana and Entergy Louisiana, combined their businesses into a legal entity which is identified as Entergy Louisiana herein. The structure of the business combination generated both a permanent difference and a temporary difference under FASB ASC Topic 740. The permanent difference resulted from recognition of the Waterford 3 and River Bend decommissioning liabilities as part of the business combination. Recognition of such decommissioning liabilities required Entergy to also recognize a taxable gain. The taxable gain resulted in a temporary difference because the gain provided for an increase in tax basis. Entergy Louisiana maintained a carryover tax basis in the assets received; and, to the extent that the increase in tax basis will provide additional tax depreciation, Entergy recorded a deferred tax asset. Entergy Louisiana obtained the corresponding deferred tax asset in the business combination. The permanent tax benefit net of ancillary tax charges was approximately $334 million. Consistent with the terms of the stipulated settlement in the business combination proceeding, electric customers of Entergy Louisiana will realize customer credits associated with the business combination. Accordingly, in October 2015, Entergy recorded a regulatory liability of $107 million ($66 million net-of-tax) which partially offsets the effect of the aforementioned deferred tax asset. The deferred tax asset and the regulatory liability, net-of-tax, increased Entergy Louisiana’s member’s equity by $268 million. See Note 2 to the financial statements for further discussion of the business combination.

In the fourth quarter 2015, System Energy and Entergy Louisiana adopted a new method of accounting for income tax return purposes in which the companies’ nuclear decommissioning costs will be treated as production costs of electricity includable in cost of goods sold. The new method results in a reduction of taxable income of $1.2 billion for System Energy and $2.2 billion for Entergy Louisiana.

The Protecting Americans from Tax Hikes Act of 2015 was enacted in December 2015. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a five-year extension of bonus depreciation and permanent extension of the research and experimentation tax credit. The effect of the bonus depreciation extension on 2015 increased Entergy’s tax net operating loss.

Entergy made a tax election to treat its subsidiary that owns one of the Entergy Wholesale Commodities nuclear power plants as a corporation for federal income tax purposes in the second quarter 2016. This resulted in a constructive contribution of all the assets and liabilities associated with the plant to a new subsidiary corporation for federal income tax purposes, and generated both permanent and temporary differences under the income tax accounting standards. The constructive contribution required Entergy to recognize the plant’s nuclear decommissioning liability for income tax purposes resulting in permanent differences. The accrual of the nuclear decommissioning liability required Entergy to recognize a gain for income tax purposes, a significant portion of which resulted in an increase in tax basis of the assets constructively contributed to the subsidiary. Recognition of the gain and the increase in tax basis of the assets represents a temporary difference. The permanent difference reduced income tax expense, net of unrecognized tax benefits, by $238 million.

In 2016, Entergy Louisiana elected mark-to-market income tax treatment for various wholesale electric power purchase and sale agreements, including Entergy Louisiana’s contract to purchase electricity from the Vidalia hydroelectric facility and from System Energy under the Unit Power Sales Agreement. The election resulted in a $2.2 billion deductible temporary difference.
System Energy [Member]  
Income Taxes
INCOME TAXES (Entergy Corporation, Entergy Arkansas, Entergy Louisiana, Entergy Mississippi, Entergy New Orleans, Entergy Texas, and System Energy)

Income taxes for 2016, 2015, and 2014 for Entergy Corporation and Subsidiaries consist of the following:
 
2016
 
2015
 
2014
 
(In Thousands)
Current:
 
 
 
 
 
Federal

$45,249

 

$77,166

 

$90,061

Foreign
68

 
97

 
90

State
(14,960
)
 
157,829

 
(12,637
)
Total
30,357

 
235,092

 
77,514

Deferred and non-current - net
(840,465
)
 
(864,799
)
 
528,326

Investment tax credit adjustments - net
(7,151
)
 
(13,220
)
 
(16,243
)
Income taxes

($817,259
)
 

($642,927
)
 

$589,597



Income taxes for 2016, 2015, and 2014 for Entergy’s Registrant Subsidiaries consist of the following:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($14,748
)
 

($124,113
)
 

$10,603

 

($91,067
)
 

$19,656

 

$29,628

State
 
2,805

 
10,757

 
2,257

 
566

 
1,374

 
(25,825
)
Total
 
(11,943
)
 
(113,356
)
 
12,860

 
(90,501
)
 
21,030

 
3,803

Deferred and non-current - net
 
120,942

 
208,157

 
46,984

 
119,345

 
42,982

 
71,051

Investment tax credit adjustments - net
 
(1,226
)
 
(5,067
)
 
4,010

 
(139
)
 
(915
)
 
(3,793
)
Income taxes
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

$66,966

 

$101,382

 

$25,628

 

($9,346
)
 

$53,313

 

($63,302
)
State
 
6,265

 
35,406

 
6,832

 
1,784

 
2,450

 
26,755

Total
 
73,231

 
136,788

 
32,460

 
(7,562
)
 
55,763

 
(36,547
)
Deferred and non-current - net
 
(31,463
)
 
47,220

 
31,149

 
32,890

 
(17,599
)
 
93,491

Investment tax credit adjustments - net
 
(1,227
)
 
(5,337
)
 
(1,737
)
 
(138
)
 
(914
)
 
(3,867
)
Income taxes
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Current:
 
 
 
 
 
 
 
 
 
 
 
 
Federal
 

($34,258
)
 

($44,909
)
 

$8,103

 

($1,428
)
 

$48,610

 

$19,908

State
 
(678
)
 
(1,191
)
 
7,474

 
510

 
4,877

 
15,379

Total
 
(34,936
)
 
(46,100
)
 
15,577

 
(918
)
 
53,487

 
35,287

Deferred and non-current - net
 
119,841

 
236,794

 
42,305

 
14,592

 
(2,418
)
 
53,501

Investment tax credit adjustments - net
 
(1,276
)
 
(5,642
)
 
(2,172
)
 
(224
)
 
(1,425
)
 
(5,478
)
Income taxes
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310



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 2016, 2015, and 2014 are:
 
2016
 
2015
 
2014
 
(In Thousands)
Net income (loss) attributable to Entergy Corporation

($583,618
)
 

($176,562
)
 

$940,721

Preferred dividend requirements of subsidiaries
19,115

 
19,828

 
19,536

Consolidated net income (loss)
(564,503
)
 
(156,734
)
 
960,257

Income taxes
(817,259
)
 
(642,927
)
 
589,597

Income (loss) before income taxes

($1,381,762
)
 

($799,661
)
 

$1,549,854

Computed at statutory rate (35%)

($483,617
)
 

($279,881
)
 

$542,449

Increases (reductions) in tax resulting from:
 

 
 

 
 

State income taxes net of federal income tax effect
40,581

 
29,944

 
44,708

Regulatory differences - utility plant items
33,581

 
32,089

 
39,321

Equity component of AFUDC
(23,647
)
 
(18,191
)
 
(21,108
)
Amortization of investment tax credits
(10,889
)
 
(11,136
)
 
(12,211
)
Flow-through / permanent differences
(19,307
)
 
(7,872
)
 
(18,003
)
New York tax law change (a)

 

 
(21,500
)
Louisiana business combination

 
(333,655
)
 

Entergy Wholesale Commodities restructuring (b)
(237,760
)
 

 

Act 55 financing settlement (d)
(63,477
)
 

 

Provision for uncertain tax positions (c) (d)
(67,119
)
 
(56,683
)
 
32,573

Valuation allowance
11,411

 

 

Other - net
2,984

 
2,458

 
3,368

Total income taxes as reported

($817,259
)
 

($642,927
)
 

$589,597

Effective Income Tax Rate
59.1
%
 
80.4
%
 
38.0
%


(a)
In March 2014, New York enacted legislation that substantially modified various aspects of New York tax law. The most significant effect of the legislation for Entergy was 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.
(b)
See Other Tax Matters below for discussion of the Entergy Wholesale Commodities restructuring.
(c)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for 2015.
(d)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for 2016.

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 2016, 2015, and 2014 are:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$167,212

 

$622,047

 

$109,184

 

$48,849

 

$107,538

 

$96,744

Income taxes
 
107,773

 
89,734

 
63,854

 
28,705

 
63,097

 
71,061

Pretax income
 

$274,985

 

$711,781

 

$173,038

 

$77,554

 

$170,635

 

$167,805

Computed at statutory rate (35%)
 

$96,245

 

$249,123

 

$60,563

 

$27,144

 

$59,722

 

$58,732

Increases (reductions) in tax resulting from:
 
 
 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
11,652

 
29,014

 
5,592

 
3,543

 
449

 
7,001

Regulatory differences - utility plant items
 
10,971

 
8,094

 
(1,154
)
 
2,329

 
4,140

 
9,201

Equity component of AFUDC
 
(5,985
)
 
(9,774
)
 
(2,030
)
 
(412
)
 
(2,666
)
 
(2,780
)
Amortization of investment tax credits
 
(1,201
)
 
(5,019
)
 
(160
)
 
(132
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(3,848
)
 
(980
)
 
764

 
(3,609
)
 
634

 
(883
)
Act 55 financing settlement (a)
 

 
(61,620
)
 

 

 
(454
)
 

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (a)
 
(717
)
 
(75,871
)
 
50

 
(300
)
 
1,926

 
3,151

Other - net
 
656

 
1,425

 
229

 
142

 
246

 
115

Total income taxes as reported
 

$107,773

 

$89,734

 

$63,854

 

$28,705

 

$63,097

 

$71,061

Effective Income Tax Rate
 
39.2
%
 
12.6
%
 
36.9
%
 
37.0
%
 
37.0
%
 
42.3
%


2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$74,272

 

$446,639

 

$92,708

 

$44,925

 

$69,625

 

$111,318

Income taxes
 
40,541

 
178,671

 
61,872

 
25,190

 
37,250

 
53,077

Pretax income
 

$114,813

 

$625,310

 

$154,580

 

$70,115

 

$106,875

 

$164,395

Computed at statutory rate (35%)
 

$40,185

 

$218,859

 

$54,103

 

$24,540

 

$37,406

 

$57,538

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

State income taxes net of federal income tax effect
 
6,643

 
23,650

 
5,219

 
2,887

 
1,621

 
6,403

Regulatory differences - utility plant items
 
7,299

 
3,013

 
2,383

 
2,201

 
3,703

 
12,167

Equity component of AFUDC
 
(4,979
)
 
(5,420
)
 
(1,083
)
 
(451
)
 
(1,987
)
 
(2,973
)
Amortization of investment tax credits
 
(1,201
)
 
(5,252
)
 
(160
)
 
(111
)
 
(900
)
 
(3,476
)
Flow-through / permanent differences
 
(4,062
)
 
2,460

 
431

 
(4,539
)
 
530

 
618

Non-taxable dividend income
 

 
(44,658
)
 

 

 

 

Provision for uncertain tax positions (b)
 
(3,978
)
 
(15,377
)
 
756

 
525

 
(3,365
)
 
(17,313
)
Other - net
 
634

 
1,396

 
223

 
138

 
242

 
113

Total income taxes as reported
 

$40,541

 

$178,671

 

$61,872

 

$25,190

 

$37,250

 

$53,077

Effective Income Tax Rate
 
35.3
%
 
28.6
%
 
40.0
%
 
35.9
%
 
34.9
%
 
32.3
%


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Net income
 

$121,392

 

$446,022

 

$74,821

 

$31,030

 

$74,804

 

$96,334

Income taxes
 
83,629

 
185,052

 
55,710

 
13,450

 
49,644

 
83,310

Pretax income
 

$205,021

 

$631,074

 

$130,531

 

$44,480

 

$124,448

 

$179,644

Computed at statutory rate (35%)
 

$71,757

 

$220,876

 

$45,686

 

$15,568

 

$43,557

 

$62,875

Increases (reductions) in tax resulting from:
 
 

 
 

 
 

 
 

 
 

 
 

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

 
11,666

 
5,180

 
1,562

 
3,221

 
6,877

Regulatory differences - utility plant items
 
8,653

 
7,487

 
4,448

 
777

 
4,165

 
13,791

Equity component of AFUDC
 
(2,533
)
 
(14,612
)
 
(833
)
 
(320
)
 
(1,035
)
 
(1,774
)
Amortization of investment tax credits
 
(1,251
)
 
(5,594
)
 
(260
)
 
(218
)
 
(1,412
)
 
(3,476
)
Flow-through / permanent differences
 
(5,082
)
 
(225
)
 
555

 
(4,458
)
 
393

 
(327
)
Non-taxable dividend income
 

 
(41,255
)
 

 

 

 

Provision for uncertain tax positions
 
1,881

 
5,336

 
718

 
405

 
522

 
5,235

Other - net
 
613

 
1,373

 
216

 
134

 
233

 
109

Total income taxes as reported
 

$83,629

 

$185,052

 

$55,710

 

$13,450

 

$49,644

 

$83,310

Effective Income Tax Rate
 
40.8
%
 
29.3
%
 
42.7
%
 
30.2
%
 
39.9
%
 
46.4
%


(a)
See “Income Tax Audits - 2010-2011 IRS Audit” below for discussion of the most significant items for Entergy Louisiana.
(b)
See “Income Tax Audits - 2008-2009 IRS Audit” below for discussion of the most significant items for Entergy Louisiana and System Energy.

Significant components of accumulated deferred income taxes and taxes accrued for Entergy Corporation and Subsidiaries as of December 31, 2016 and 2015 are as follows:
 
 
2016
 
2015
 
(In Thousands)
Deferred tax liabilities:
 
 
 
Plant basis differences - net

($6,362,905
)
 

($6,804,225
)
Regulatory assets
(584,572
)
 
(646,392
)
Nuclear decommissioning trusts/receivables
(1,739,977
)
 
(1,254,463
)
Pension, net funding
(429,896
)
 
(365,111
)
Combined unitary state taxes
(33,063
)
 
(45,078
)
Power purchase agreements
(993
)
 

Other
(251,719
)
 
(315,844
)
Total
(9,403,125
)
 
(9,431,113
)
Deferred tax assets:
 

 
 

Nuclear decommissioning liabilities
1,399,468

 
828,983

Regulatory liabilities
255,272

 
284,432

Pension and other post-employment benefits
539,456

 
525,524

Sale and leaseback
135,866

 
139,720

Compensation
99,300

 
69,432

Accumulated deferred investment tax credit
92,375

 
95,248

Provision for allowances and contingencies
188,390

 
188,282

Power purchase agreements

 
38,401

Net operating loss carryforwards
334,025

 
360,188

Capital losses and miscellaneous tax credits
18,470

 
11,075

Valuation allowance
(104,277
)
 
(91,532
)
Other
59,079

 
68,204

Total
3,017,424

 
2,517,957

Non-current accrued taxes (including unrecognized tax benefits)
(991,704
)
 
(1,338,806
)
Accumulated deferred income taxes and taxes accrued

($7,377,405
)
 

($8,251,962
)


Entergy’s estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
Carryover Description
 
Carryover Amount
 
Year(s) of expiration
 
 
 
 
 
Federal net operating losses
 
$6.7 billion
 
2023-2036
State net operating losses
 
$7.8 billion
 
2017-2036
Miscellaneous federal and state credits
 
$89.9 million
 
2017-2036


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, valuation allowances of $62 million as of December 31, 2016 and $46 million as of December 31, 2015 have been provided on the deferred tax assets relating to these state net operating loss carryovers. Additionally, valuation allowances totaling $42.3 million as of December 31, 2016 and $45.5 million as of December 31, 2015 have been provided on deferred tax assets related to federal and state jurisdictions in which Entergy does not currently expect to be able to utilize separate company tax return losses, preventing realization of such deferred tax assets.

Significant components of accumulated deferred income taxes and taxes accrued for the Registrant Subsidiaries as of December 31, 2016 and 2015 are as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,857,554
)
 

($2,357,599
)
 

($820,971
)
 

($177,242
)
 

($835,671
)
 

($651,394
)
Regulatory assets
 
(109,241
)
 
(219,750
)
 
(25,309
)
 
(36,301
)
 
(153,914
)
 
(39,879
)
Nuclear decommissioning trusts/receivables
 
(144,250
)
 
(119,544
)
 

 

 

 
(83,891
)
Pension, net funding
 
(123,889
)
 
(122,465
)
 
(34,284
)
 
(16,307
)
 
(28,371
)
 
(29,357
)
Deferred fuel
 
(14,774
)
 
(1,778
)
 
(12,770
)
 
(5,229
)
 
(2,808
)
 
(1,137
)
Other
 
(47,785
)
 
(22,136
)
 
(12,474
)
 
(18,536
)
 
(8,812
)
 
(2,051
)
Total
 
(2,297,493
)
 
(2,843,272
)
 
(905,808
)
 
(253,615
)
 
(1,029,576
)
 
(807,709
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
5,768

 
175,973

 
18,833

 
25,240

 
15,814

 
13,644

Nuclear decommissioning liabilities
 
124,206

 
55,408

 

 

 

 
53,113

Pension and other post-employment benefits
 
(24,467
)
 
145,401

 
(8,042
)
 
(12,070
)
 
(19,096
)
 
(1,182
)
Sale and leaseback
 

 
33,383

 

 

 

 
102,483

Accumulated deferred investment tax credit
 
13,848

 
54,509

 
3,315

 
239

 
4,527

 
15,936

Provision for allowances and contingencies
 
(1,497
)
 
124,309

 
21,817

 
36,466

 
5,904

 

Power purchase agreements
 
(3,094
)
 
29,827

 
1,905

 

 
140

 

Unbilled/deferred revenues
 
6,799

 
(35,006
)
 
5,085

 
3,751

 
11,902

 

Compensation
 
2,787

 
5,309

 
1,492

 
685

 
1,587

 
360

Net operating loss carryforwards
 
69,524

 
17,125

 

 

 

 

Capital losses and miscellaneous tax credits
 
2,074

 

 
4,487

 

 

 

Other
 
174

 
17,110

 
1,152

 
496

 
2,955

 

Total
 
196,122

 
623,348

 
50,044

 
54,807

 
23,733

 
184,354

Non-current accrued taxes (including unrecognized tax benefits)
 
(85,252
)
 
(471,194
)
 
(5,567
)
 
(136,145
)
 
(21,804
)
 
(489,510
)
Accumulated deferred income taxes and taxes accrued
 

($2,186,623
)
 

($2,691,118
)
 

($861,331
)
 

($334,953
)
 

($1,027,647
)
 

($1,112,865
)
2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Deferred tax liabilities:
 
 
 
 
 
 
 
 
 
 
 
 
Plant basis differences - net
 

($1,710,444
)
 

($2,041,968
)
 

($781,427
)
 

($167,294
)
 

($778,270
)
 

($611,745
)
Regulatory assets
 
(108,422
)
 
(254,316
)
 
(24,918
)
 
(39,451
)
 
(172,117
)
 
(46,990
)
Nuclear decommissioning trusts
 
(121,326
)
 
(99,980
)
 

 

 

 
(68,370
)
Pension, net funding
 
(107,073
)
 
(109,709
)
 
(30,901
)
 
(14,459
)
 
(28,001
)
 
(25,791
)
Deferred fuel
 
(7,647
)
 
(2,513
)
 
(684
)
 
(175
)
 
2,050

 
(18
)
Power purchase agreements
 

 

 

 

 

 

Other
 
(38,683
)
 
(86,275
)
 
(5,625
)
 
(12,253
)
 
(10,109
)
 
(22,478
)
Total
 
(2,093,595
)
 
(2,594,761
)
 
(843,555
)
 
(233,632
)
 
(986,447
)
 
(775,392
)
Deferred tax assets:
 
 

 
 

 
 

 
 

 
 

 
 

Regulatory liabilities
 
18,369

 
215,154

 
7,787

 
20,888

 
7,307

 
14,927

Nuclear decommissioning liabilities
 
109,962

 
49,333

 

 

 

 
39,420

Pension and other post-employment benefits
 
(20,420
)
 
149,680

 
(6,628
)
 
(8,939
)
 
(16,703
)
 
(1,037
)
Sale and leaseback
 

 
37,236

 

 

 

 
102,484

Accumulated deferred investment tax credit
 
14,320

 
56,635

 
1,777

 
290

 
4,842

 
17,385

Provision for allowances and contingencies
 
1,024

 
123,007

 
18,735

 
33,843

 
7,266

 
134

Power purchase agreements
 
(1,279
)
 
13,840

 
1,901

 
13

 
575

 

Unbilled/deferred revenues
 
9,815

 
(32,365
)
 
7,154

 
2,126

 
10,851

 

Compensation
 
1,842

 
4,182

 
601

 
880

 
4,496

 

Net operating loss carryforwards
 

 
90,241

 

 

 

 

Other
 
128

 
21,982

 
1,995

 
316

 
1,672

 

Total
 
133,761

 
728,925

 
33,322

 
49,417

 
20,306

 
173,313

Non-current accrued taxes (including unrecognized tax benefits)
 
(22,978
)
 
(641,120
)
 
(402
)
 
(29,846
)
 
(40,693
)
 
(416,996
)
Accumulated deferred income taxes and taxes accrued
 

($1,982,812
)
 

($2,506,956
)
 

($810,635
)
 

($214,061
)
 

($1,006,834
)
 

($1,019,075
)


The Registrant Subsidiaries’ estimated tax attributes carryovers and their expiration dates as of December 31, 2016 are as follows:
 
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal net operating losses
 
$184 million
 
$4.4 billion
 
 
$34 million
 
 
$201 million
Year(s) of expiration
 
2028-2036
 
2036
 
N/A
 
2028-2036
 
N/A
 
2028-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State net operating losses
 
$80 million
 
$4.8 billion
 
 
$285 million
 
 
$175 million
Year(s) of expiration
 
2021
 
2029-2036
 
N/A
 
2032-2035
 
N/A
 
2035
 
 
 
 
 
 
 
 
 
 
 
 
 
Misc. federal credits
 
$2 million
 
 
$3 million
 
 
 
$2 million
Year(s) of expiration
 
2029-2036
 
N/A
 
2029-2036
 
N/A
 
N/A
 
2029-2036
 
 
 
 
 
 
 
 
 
 
 
 
 
State credits
 
 
 
$4.5 million
 
 
$3.4 million
 
$8.4 million
Year(s) of expiration
 
N/A
 
N/A
 
2018-2020
 
N/A
 
2026
 
2017-2020


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:
 
2016
 
2015
 
2014
 
(In Thousands)
Gross balance at January 1

$2,611,585

 

$4,736,785

 

$4,593,224

Additions based on tax positions related to the current year
1,532,782

 
1,850,705

 
348,543

Additions for tax positions of prior years
368,404

 
59,815

 
11,637

Reductions for tax positions of prior years (a)
(265,653
)
 
(3,966,535
)
 
(213,401
)
Settlements
(337,263
)
 
(68,227
)
 

Lapse of statute of limitations

 
(958
)
 
(3,218
)
Gross balance at December 31
3,909,855

 
2,611,585

 
4,736,785

Offsets to gross unrecognized tax benefits:
 

 
 

 
 

Carryovers and refund claims
(2,922,085
)
 
(1,264,483
)
 
(4,295,643
)
Cash paid to taxing authorities
(10,000
)
 

 

Unrecognized tax benefits net of unused tax attributes, refund claims and payments (b)

$977,770

 

$1,347,102

 

$441,142



(a)
The primary reduction for 2015 is related to the nuclear decommissioning costs treatment discussed in “Income Tax Audits - 2008-2009 IRS Audit” below.
(b)
Potential tax liability above what is payable on tax returns

The balances of unrecognized tax benefits include $1,240 million, $955 million, and $516 million as of December 31, 2016, 2015, and 2014, 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 $2,670 million, $1,657 million, and $4,221 million as of December 31, 2016, 2015, and 2014, 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, 2016, 2015, and 2014 accrued balance for the possible payment of interest is approximately $30 million, $27 million, and $127 million, respectively.

A reconciliation of the Registrant Subsidiaries’ beginning and ending amount of unrecognized tax benefits for 2016, 2015, and 2014 is as follows:
2016
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2016
 

$25,445

 

$1,690,661

 

$19,482

 

$53,897

 

$13,462

 

$478,318

Additions based on tax positions related to the current year (a)
 
16,868

 
931,720

 
2,662

 
33,912

 
2,002

 
5,318

Additions for tax positions of prior years
 
2,463

 
157,586

 
336

 
129,784

 
2,888

 
601

Reductions for tax positions of prior years
 
(41,957
)
 
(144,068
)
 
(10,219
)
 
(29,821
)
 
(1,849
)
 
(10,266
)
Settlements
 
(316
)
 
(195,560
)
 
(55
)
 
(21,542
)
 
(557
)
 
(1,599
)
Gross balance at December 31, 2016
 
2,503

 
2,440,339

 
12,206

 
166,230

 
15,946

 
472,372

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 

 
(1,783,093
)
 
(2,373
)
 
(27,320
)
 
(376
)
 
(90,028
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$2,503

 

$657,246

 

$9,833

 

$138,910

 

$15,570

 

$382,344



2015
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2015
 

$362,912

 

$1,205,929

 

$20,144

 

$53,763

 

$17,264

 

$258,242

Additions based on tax positions related to the current year (b)
 
2,196

 
1,367,058

 
566

 
472

 
657

 
472,304

Additions for tax positions of prior years
 
1,057

 
7,992

 
8,140

 
48

 
2,914

 
913

Reductions for tax positions of prior years
 
(340,720
)
 
(859,430
)
 

 
(386
)
 
(3,981
)
 
(253,141
)
Settlements
 

 
(30,888
)
 
(9,368
)
 

 
(3,392
)
 

Gross balance at December 31, 2015
 
25,445

 
1,690,661

 
19,482

 
53,897

 
13,462

 
478,318

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(3,613
)
 
(893,764
)
 
(1,016
)
 
(506
)
 
(276
)
 
(133,611
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$21,832

 

$796,897

 

$18,466

 

$53,391

 

$13,186

 

$344,707


2014
 
Entergy Arkansas
 
Entergy Louisiana
 
Entergy Mississippi
 
Entergy New Orleans
 
Entergy Texas
 
System Energy
 
 
(In Thousands)
Gross balance at January 1, 2014
 

$347,713

 

$1,076,680

 

$16,186

 

$51,679

 

$13,017

 

$265,185

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

 
151,249

 
3,928

 
2,235

 
4,225

 
2,744

Additions for tax positions of prior years
 
1,767

 
6,924

 
319

 
37

 
303

 
566

Reductions for tax positions of prior years
 
(1,079
)
 
(28,924
)
 
(289
)
 
(188
)
 
(267
)
 
(10,253
)
Settlements
 

 

 

 

 
(14
)
 

Gross balance at December 31, 2014
 
362,912

 
1,205,929

 
20,144

 
53,763

 
17,264

 
258,242

Offsets to gross unrecognized tax benefits:
 
 

 
 

 
 

 
 

 
 

 
 

Loss carryovers
 
(361,043
)
 
(739,988
)
 
(6,992
)
 
(20,735
)
 
(241
)
 
(163,124
)
Unrecognized tax benefits net of unused tax attributes and payments
 

$1,869

 

$465,941

 

$13,152

 

$33,028

 

$17,023

 

$95,118



(a)
The primary addition for Entergy Louisiana is related to the mark-to market treatment discussed in “Other Tax Matters” below.
(b)
The primary addition for Entergy Louisiana and System Energy is related to the nuclear decommissioning costs treatment discussed in “Other Tax Matters” below.

The Registrant Subsidiaries’ balances of unrecognized tax benefits included amounts which, if recognized, would have reduced income tax expense as follows:
 
December 31,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$3.6

 

$4.5

 

$2.6

Entergy Louisiana

$473.3

 

$692.7

 

$267.3

Entergy Mississippi

$—

 

$8.1

 

$3.9

Entergy New Orleans

$33.6

 

$50.7

 

$50.7

Entergy Texas

$7.0

 

$5.2

 

$10.5

System Energy

$—

 

$0.7

 

$3.7



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,
 
2016
 
2015
 
2014
 
(In Millions)
Entergy Arkansas

$1.4

 

$1.3

 

$17.0

Entergy Louisiana

$8.4

 

$9.3

 

$22.2

Entergy Mississippi

$0.8

 

$0.4

 

$2.8

Entergy New Orleans

$1.5

 

$1.8

 

$1.3

Entergy Texas

$1.2

 

$1.2

 

$1.0

System Energy

$3.7

 

$0.7

 

$23.8



Income Tax Audits

Entergy and its subsidiaries file U.S. federal and various state and foreign income tax returns.  IRS examinations are complete for years before 2012. All state taxing authorities’ examinations are completed for years before 2009.

2006-2007 IRS Audit

In the first quarter 2015, the IRS finalized tax and interest computations from the 2006-2007 audit that resulted in a reversal of Entergy’s provision for uncertain tax positions related to accrued interest of approximately $20 million, including decreases of approximately $4 million for Entergy Arkansas, $11 million for Entergy Louisiana, and $1 million for System Energy.

2008-2009 IRS Audit

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 disagreed with the IRS’s disallowance of the 2009 CAM and filed a protest with the IRS Appeals Division in October 2013.

In August 2015, Entergy and the IRS agreed on the treatment of the 2009 position regarding nuclear decommissioning liabilities from the 2008-2009 audit. The agreement provides that Entergy is entitled to deduct approximately $118 million of the $9.3 billion claimed in 2009. The agreement effectively settled all matters pertaining to the 2009 tax year and increased Entergy’s 2009 federal income tax liability by $2.4 million.

2010-2011 IRS Audit

The IRS completed its examination of the 2010 and 2011 tax years and issued its 2010-2011 Revenue Agent Report (RAR) in June 2016. Entergy agreed to all proposed adjustments contained in the RAR. As a result of the issuance of the RAR, Entergy Louisiana was able to recognize previously unrecognized tax benefits as follows:

Entergy and the IRS agreed that $148.6 million of the proceeds received by Entergy Louisiana in 2010 from the Louisiana Utilities Restoration Corporation (LURC), an instrumentality of the State of Louisiana, for the financing of Hurricane Gustav and Hurricane Ike storm costs pursuant to Act 55 of the Louisiana Regular Session of 2007 (Louisiana Act 55) were not taxable. Because the treatment of the financing is settled, Entergy recognized previously unrecognized tax benefits totaling $63.5 million, of which Entergy Louisiana recorded $61.6 million. Entergy Louisiana also accrued a regulatory liability of $16.1 million ($9.9 million net-of-tax) in accordance with the terms of Entergy Louisiana’s previous settlement agreement approved by the LPSC regarding Entergy Louisiana’s obligation to pay to customers savings associated with the Act 55 financing.

Entergy and the IRS agreed upon the tax treatment of Entergy Louisiana’s regulatory liability related to the Vidalia purchased power agreement. As a result, Entergy Louisiana recognized a previously unrecognized tax benefit of $74.5 million.

Other Tax Matters

Entergy regularly negotiates with the IRS to achieve settlements.  The resolution of audit issues could result in significant changes to the amounts of unrecognized tax benefits in the next twelve months.

In October 2015 two of Entergy’s Louisiana utilities, Entergy Gulf States Louisiana and Entergy Louisiana, combined their businesses into a legal entity which is identified as Entergy Louisiana herein. The structure of the business combination generated both a permanent difference and a temporary difference under FASB ASC Topic 740. The permanent difference resulted from recognition of the Waterford 3 and River Bend decommissioning liabilities as part of the business combination. Recognition of such decommissioning liabilities required Entergy to also recognize a taxable gain. The taxable gain resulted in a temporary difference because the gain provided for an increase in tax basis. Entergy Louisiana maintained a carryover tax basis in the assets received; and, to the extent that the increase in tax basis will provide additional tax depreciation, Entergy recorded a deferred tax asset. Entergy Louisiana obtained the corresponding deferred tax asset in the business combination. The permanent tax benefit net of ancillary tax charges was approximately $334 million. Consistent with the terms of the stipulated settlement in the business combination proceeding, electric customers of Entergy Louisiana will realize customer credits associated with the business combination. Accordingly, in October 2015, Entergy recorded a regulatory liability of $107 million ($66 million net-of-tax) which partially offsets the effect of the aforementioned deferred tax asset. The deferred tax asset and the regulatory liability, net-of-tax, increased Entergy Louisiana’s member’s equity by $268 million. See Note 2 to the financial statements for further discussion of the business combination.

In the fourth quarter 2015, System Energy and Entergy Louisiana adopted a new method of accounting for income tax return purposes in which the companies’ nuclear decommissioning costs will be treated as production costs of electricity includable in cost of goods sold. The new method results in a reduction of taxable income of $1.2 billion for System Energy and $2.2 billion for Entergy Louisiana.

The Protecting Americans from Tax Hikes Act of 2015 was enacted in December 2015. The most significant provisions affecting Entergy and the Registrant Subsidiaries were a five-year extension of bonus depreciation and permanent extension of the research and experimentation tax credit. The effect of the bonus depreciation extension on 2015 increased Entergy’s tax net operating loss.

Entergy made a tax election to treat its subsidiary that owns one of the Entergy Wholesale Commodities nuclear power plants as a corporation for federal income tax purposes in the second quarter 2016. This resulted in a constructive contribution of all the assets and liabilities associated with the plant to a new subsidiary corporation for federal income tax purposes, and generated both permanent and temporary differences under the income tax accounting standards. The constructive contribution required Entergy to recognize the plant’s nuclear decommissioning liability for income tax purposes resulting in permanent differences. The accrual of the nuclear decommissioning liability required Entergy to recognize a gain for income tax purposes, a significant portion of which resulted in an increase in tax basis of the assets constructively contributed to the subsidiary. Recognition of the gain and the increase in tax basis of the assets represents a temporary difference. The permanent difference reduced income tax expense, net of unrecognized tax benefits, by $238 million.

In 2016, Entergy Louisiana elected mark-to-market income tax treatment for various wholesale electric power purchase and sale agreements, including Entergy Louisiana’s contract to purchase electricity from the Vidalia hydroelectric facility and from System Energy under the Unit Power Sales Agreement. The election resulted in a $2.2 billion deductible temporary difference.