Entity information:

8. PROVISION FOR INCOME TAXES

Publicly traded partnerships like ours are treated as corporations unless they have 90% or more in qualifying income (as that term is defined in the Internal Revenue Code).  We satisfied this requirement in each of the years ended December 31, 2017 and 2016 and, as a result, are not subject to federal income tax.  However, our partners are individually responsible for paying federal income taxes on their share of our taxable income.  Net earnings for financial reporting purposes may differ significantly from taxable income reportable to our unitholders as a result of differences between the tax basis and financial reporting basis of certain assets and liabilities and other factors.  We do not have access to information regarding each partner's individual tax basis in our limited partner interests.  

Provision for income taxes reflects franchise tax obligations in the state of Texas (the "Texas Margin Tax").  Deferred income tax assets and liabilities are recognized for temporary differences between the assets and liabilities of our tax paying entities for financial reporting and tax purposes.

For the years ended December 31, 2017 and 2016, we had no federal or state income tax provision or benefit.

A reconciliation of the provision for (benefit from) income taxes with amounts determined by applying the statutory U.S. federal income tax rate to income before income taxes is as follows (in thousands):

 

 

 

 

 

 

 

 

 

 

 

    

For the Years Ended December 31, 

 

 

    

2017

    

 

2016

 

Pre-tax net book income (loss)

 

$

(3,040)

 

 

$

19,231

 

Texas Margin Tax (a)

 

 

(438)

 

 

 

255

 

Return to accrual

 

 

 —

 

 

 

 —

 

Valuation allowance

 

 

438

 

 

 

(255)

 

Provision for income taxes

 

$

 —

 

 

$

 —

 

 

 

 

 

 

 

 

 

 

Effective income tax rate

 

 

0.00

%

 

 

0.00

%


(a)

Although the Texas Margin Tax is not considered a state income tax, it has the characteristics of an income tax since it is determined by applying a tax rate to a base that considers our Texas-sourced revenues and expenses.

 

The following table presents the significant components of deferred tax assets and deferred tax liabilities at the dates indicated (in thousands):

 

 

 

 

 

 

 

 

    

December 31, 

 

    

2017

    

2016

Deferred tax assets (liabilities):

 

 

 

 

 

 

Derivative assets

 

$

 7

 

$

(230)

Depreciable, depletable property, plant and equipment

 

 

78

 

 

753

Other

 

 

 1

 

 

 2

Deferred tax assets:

 

 

86

 

 

525

Valuation allowance

 

 

(86)

 

 

(525)

Total deferred tax assets

 

$

 —

 

$

 —

 

As of December 31, 2017 and 2016, the Partnership had no material uncertain tax positions.

The Partnership files income tax returns in the U.S. and various state jurisdictions. The Partnership is no longer subject to examination by federal income tax authorities prior to 2014. State statutes vary by jurisdiction.