MSCI Inc

12. INCOME TAXES

The following table presents the components of income before provision for income taxes generated by domestic or foreign operations for the periods indicated:

(1)Foreign income before provision for income taxes is defined as income generated from operations located outside the U.S., which includes income from foreign branches of U.S. companies.

The provision for income taxes (benefits) by taxing jurisdiction consisted of:

The following table reconciles the U.S. federal statutory income tax rate to the effective income tax rate:

Deferred income taxes reflect the net tax effects of temporary differences between the financial reporting and tax basis of assets and liabilities and are measured using the enacted tax rates and laws that will be in effect when such differences are expected to reverse. Significant components of the Company’s deferred tax assets and liabilities as of December 31, 2024 and 2023, were as follows:

As presented in the table above, the Company has certain carryforward items. The U.S. portion of the tax credit carryforwards was $22.3 million and $2.1 million as of December 31, 2024 and 2023, respectively. The majority of the balance may be utilized over an indefinite life. The non-U.S. portion is comprised of an interest carryforward with a tax value of $5.8 million and $10.1 million as of December 31, 2024 and 2023, respectively. This carryforward is subject to an annual limitation on utilization over an indefinite life.

Net operating loss carryforwards in the U.S. were $22.8 million with a tax value of $5.7 million and $32.2 million with a tax value of $7.6 million as of December 31, 2024 and 2023, respectively. These carryforwards are subject to annual limitations and will begin to expire in 2026. The non-U.S. portion of net operating loss carryforwards was $5.6 million with a tax value of $1.4 million and $0.4 million with a tax value of $0.1 million as of December 31, 2024 and 2023 respectively. The majority of the balance may be utilized over an indefinite life.

The Company believes the majority of the deferred tax assets at December 31, 2024 are more likely than not to be realized based on expectations as to future taxable income in the jurisdictions in which it operates, with the exception of certain tax carryforwards that may not be utilized.

As of December 31, 2024, the Company has provided for applicable state income and foreign withholding taxes on all undistributed earnings of its foreign subsidiaries.

The Company regularly assesses the likelihood of additional assessments in each of the taxing jurisdictions in which it files income tax returns. The Company has established unrecognized tax benefits that the Company believes are adequate in relation to the potential for additional assessments. Once established, the Company adjusts unrecognized tax benefits only when more information is available or when an event occurs necessitating a change. Based on the current status of income tax audits, the Company believes it is reasonably possible that the total amount of unrecognized benefits may decrease by approximately $20.3 million in the next twelve months as a result of the resolution of tax examinations.

The Company believes the resolution of tax matters will not have a material effect on the Consolidated Statement of Financial Condition of the Company, although a resolution could have a material impact on the Company’s Consolidated Statement of Income for a particular future period and on the Company’s effective tax rate for any period in which such resolution occurs.

The following table presents a reconciliation of the beginning and ending amount of the gross unrecognized tax benefits, excluding interest and penalties, for the years ended December 31, 2024, 2023 and 2022:

The Company recognized $1.3 million, $2.1 million and ($0.5) million interest in the Consolidated Statement of Income with respect to unrecognized tax benefits for the years ended December 31, 2024, 2023 and 2022, respectively. Penalties of ($1.3) million, $1.3 million and ($0.3) million were recognized in the Consolidated Statement of Income and the Consolidated Statement of Financial Position for the years ended December 31, 2024, 2023 and 2022, respectively. The amount of accrued interest, which includes interest related to uncertain tax positions and accrued income tax expense, recorded on the Consolidated Statement of Financial Condition was $3.6 million, $2.5 million and $0.4 million for the years ended December 31, 2024, 2023 and 2022, respectively.

The Company is under examination by tax authorities in certain jurisdictions, including foreign jurisdictions, such as Switzerland, India and states in the U.S. in which the Company has significant operations, such as New York and California. The tax years currently under examination vary by jurisdiction but include years ranging from 2008 onwards.