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INCOME TAXES:
3 Months Ended
Mar. 31, 2014
INCOME TAXES:  
INCOME TAXES:

 

NOTE 4 — INCOME TAXES:

 

The income tax provision and the effective income tax rate for the first quarter 2015 and 2014 were as follows ($ in millions):

 

 

 

2015

 

2014

 

Income tax provision

 

$

129.2 

 

$

204.2 

 

Effective income tax rate

 

31.5 

%

39.1 

%

 

These provisions include income taxes for Peru, Mexico and the United States. The decrease in the effective tax rate for the first quarter of 2015 from the same period in the prior year is primarily due to a decrease in earnings, causing a reduction in the Peruvian special mining tax and the Mexican royalty tax, thereby reducing the first quarter effective rate by approximately 2.6%. Additionally, a reduction of forecasted dividends from Minera Mexico reduced the first quarter 2015 effective rate by 1.3%.

 

Components of income tax provision for the first quarter of 2015 and 2014 include the following ($ in million):

 

 

 

2015

 

2014

 

Statutory income tax provision

 

$

111.2 

 

$

166.6 

 

Peruvian royalty

 

0.5 

 

1.6 

 

Mexican royalty

 

13.7 

 

24.0 

 

Peruvian special mining tax

 

3.8 

 

12.0 

 

Total income tax provision

 

$

129.2 

 

$

204.2 

 

 

Peruvian royalty and special mining tax: In 2011, the Peruvian congress approved an amendment to the mining royalty charge. The new mining royalty charge is based on operating income margins with graduated rates ranging from 1% to 12% of operating profits, with a minimum royalty charge assessed at 1% of net sales. If the operating income margin is 10% or less, the royalty charge is 1% and for each 5% increment in the operating income margin, the royalty charge rate increases by 0.75%, up to a maximum of 12%. The minimum royalty charge assessed at 1% of net sales is recorded as cost of sales and those amounts assessed against operating income are included in the income tax provision. The Company has accrued $5.7 million and $7.7 million of royalty charge in the first quarter 2015 and 2014, respectively, of which $0.5 million and $1.6 million, respectively, were included in income taxes.

 

Also in 2011, the Peruvian government enacted a special mining tax. This tax is based on operating income and its rate ranges from 2% to 8.4%. It begins at 2% for operating income margin up to 10% and increases by 0.4% of operating income for each additional 5% of operating income until 85% of operating income is reached. The Company has accrued $3.8 million and $12.0 million of special mining tax as part of the income tax provision for the first quarter 2015 and 2014, respectively.

 

Mexican mining royalty: In December 2013, the Mexican government enacted a new law which, among other things, established a mining royalty charge of 7.5% on taxable EBITDA earnings before taxes as defined by Mexican tax regulations and an additional royalty charge of 0.5% on the net sales value over gross income from sales of gold, silver and platinum. The Company has accrued $13.7 and $24.0 million of royalty taxes as part of the income tax provision for the first quarter 2015 and 2014, respectively.  In the first quarter of 2015, the Company has paid $56.3 million for year 2014 mining royalty.

 

Income tax rate:

 

In 2014, the Peruvian government enacted tax law changes to both the income tax and dividend tax rates that became effective on January 1, 2015. The rate in effect for 2014 was 30%, with a 4.1% dividend tax rate. The new rates are as follows:

 

Year

 

Income Tax Rate

 

Dividend Tax Rate

 

2015- 2016

 

28 

%

6.8 

%

2017- 2018

 

27 

%

8.0 

%

2019 and later

 

26 

%

9.3 

%

 

Accounting for uncertainty in income taxes: In the first quarter 2015, there were no changes in the Company’s uncertain tax positions.