Annual report pursuant to Section 13 and 15(d)

INCOME TAXES

v3.24.0.1
INCOME TAXES
12 Months Ended
Dec. 31, 2023
Notes to Financial Statements  
INCOME TAXES

NOTE 14 INCOME TAXES

Income Tax Expense (Benefit)

Components of income tax expense (benefit) were as follows (in thousands):

Year Ended December 31, 

    

2023

    

2022

    

2021

Current

$

(140)

$

8,476

$

132

Deferred

 

18,485

 

45,184

 

(8,189)

Total income tax expense (benefit)

$

18,345

$

53,660

$

(8,057)

Reconciliation

The Company’s income tax expense (benefit) for 2023, 2022 and 2021 resulted in effective tax rates of 54.0%, 18.8% and (16.3)%, respectively. The reconciliation of income taxes computed at the U.S. federal statutory tax rate of 21% to these effective tax rates is as follows (in thousands):

Year Ended December 31, 

    

2023

    

2022

    

2021

Income tax expense (benefit) at the federal statutory rate

$

7,128

$

59,810

$

(10,402)

Compensation adjustments

 

1,752

 

599

 

559

State income taxes

 

1,143

 

2,418

 

(330)

Valuation allowance

 

8,125

 

(9,117)

 

1,863

Other

 

197

 

(50)

 

253

Total income tax expense (benefit)

$

18,345

$

53,660

$

(8,057)

Deferred Tax Assets and Liabilities

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets and liabilities were as follows (in thousands):

December 31, 

    

2023

    

2022

Deferred tax assets:

 

  

 

  

Derivatives

$

8,532

$

25,969

Asset retirement obligations

 

109,111

 

103,910

Contingent asset retirement obligations

3,952

4,540

Right of use liability

2,895

2,964

Federal net operating losses

 

6,211

 

281

State net operating losses

 

5,941

 

5,691

Interest expense limitation carryover

 

17,501

 

9,620

Share-based compensation

 

2,262

 

1,546

Other

 

4,266

 

5,513

Total deferred tax asset

160,671

160,034

Valuation allowance

 

(23,202)

 

(15,311)

Total deferred tax asset after valuation allowance

 

137,469

 

144,723

Deferred tax liabilities:

  

  

Property and equipment

$

92,707

$

80,616

Investment in non-consolidated entity

 

2,993

 

3,951

Other

 

3,046

 

2,948

Total deferred tax liabilities

 

98,746

 

87,515

Net deferred tax asset

$

38,723

$

57,208

Valuation Allowance

Changes to the Company’s valuation allowance are as follows (in thousands):

Year Ended December 31, 

    

2023

    

2022

    

2021

Balance at beginning of period

$

(15,311)

$

(24,359)

$

(22,361)

Additions to valuation allowance

(7,891)

(1,998)

Reductions to valuation allowance

 

 

9,048

 

Balance at end of period

$

(23,202)

$

(15,311)

$

(24,359)

Deferred tax assets are recorded related to net operating losses and temporary differences between the book and tax basis of assets and liabilities expected to produce tax deductions in future periods. The realization of these assets depends on recognition of sufficient future taxable income in specific tax jurisdictions in which those temporary differences or net operating losses are deductible. In assessing the need for a valuation allowance on the Company’s deferred tax assets, the Company considers whether it is more likely than not that some portion or all of them will not be realized.

The Company assesses available positive and negative evidence regarding its ability to realize its deferred tax assets including reversing temporary differences and projections of future taxable income during the periods in which those temporary differences become deductible, as well as negative evidence such as historical losses. Assumptions about the Company’s future taxable income are consistent with the plans and estimates used to manage the Company’s business. The Company showed positive income in 2023 and continues to project similar results into the future. Based on this, the Company concluded that there is enough positive evidence to outweigh any negative evidence although any changes in

forecasted taxable income could have a material impact on this analysis. The portion of the valuation allowance remaining relates to state net operating losses and the disallowed interest limitation carryover under IRC section 163(j).

Net Operating Loss and Interest Expense Limitation Carryover

The table below presents the details of the Company’s net operating loss and interest expense limitation carryover as of December 31, 2023 (in thousands):

    

Amount

    

Expiration
Year

Federal net operating loss

$

29,578

 

N/A

State net operating loss

 

100,903

 

2026-2042

Interest expense limitation carryover

 

79,914

 

N/A

Years Open to Examination

As of December 31, 2023, the tax years 2020 through 2023 remain open to examination by the federal and state tax jurisdictions where the Company conducts its business.