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Income Tax
12 Months Ended
Dec. 31, 2020
Text block [abstract]  
Income Tax
16.
INCOME TAX
The calculation of the income tax expense accrued for the years ended December 31, 2020, 2019 and 2018:
 
 
  
2020
 
 
2019
 
 
2018
 
Current income tax
  
 
(1,247
 
 
(1,938
 
 
(943
Deferred income tax
  
 
(19,752
 
 
(3,588
)
(1)
 
 
 
(50,595
 
  
 
 
 
 
 
 
 
 
 
 
 
Subtotal
  
 
(20,999
 
 
(5,526
 
 
(51,538
 
  
 
 
 
 
 
 
 
 
 
 
 
Income tax – Well abandonment
  
 
6,410
(4)
 
 
 
(16,239
)
(2)
 
 
 
—  
 
Special tax – Tax revaluation, Law No. 27,430
  
 
—  
 
 
 
(4,604
)
(3)
 
 
 
—  
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
  
 
(14,589
 
 
(26,369
 
 
(51,538
 
  
 
 
 
 
 
 
 
 
 
 
 
 
(1)
Includes (5,175) corresponding to the reversal of tax loss carryforwards related to the dispute relating to cost deduction for hydrocarbon wells abandonment. See Note 15.
(2)
Includes (10,610) corresponding to interest related to the dispute relating to cost deduction for hydrocarbon wells abandonment determined on the date the Company decided to adhere to the payment facility plan. See Note 15.
(3)
Includes (4,562) corresponding to YPF (See Note 34.j.) and (42) corresponding to YTEC.
(4)
Corresponds mainly to income of condoned interests as a result of the implementation of the regime of extended moratorium relating to the tax deduction of well abandonment costs. See Note 15.
The reconciliation between the charge to net income for income tax for the years ended December 31, 2020, 2019 and 2018 and the one that would result from applying the prevailing tax rate on net income before income tax arising from the consolidated statements of comprehensive income for each fiscal year is as follows:
 
 
  
2020
 
 
2019
 
 
2018
 
Net income before income tax
  
 
(56,428
 
 
(7,010
 
 
90,144
 
Statutory tax rate
  
 
30
 
 
30
 
 
30
 
  
 
 
 
 
 
 
 
 
 
 
 
Statutory tax rate applied to net income before income tax
  
 
16,928
 
 
 
2,103
 
 
 
(27,043
Effect of the valuation of property, plant and equipment and intangible assets measured in functional currency
  
 
(62,218
 
 
(20,189
 
 
(100,760
Exchange differences
  
 
24,242
(1)
 
 
 
22,553
(1)
 
 
 
67,767
 
Effect of the valuation of inventories
  
 
(11,102
 
 
(11,553
 
 
(8,666
Income on investments in associates and joint ventures
  
 
3,981
 
 
 
2,390
 
 
 
1,452
 
Effect of tax rate change
(2)
  
 
4,286
 
 
 
1,956
 
 
 
12,795
 
Dispute associated to cost deduction for hydrocarbon wells abandonment
  
 
—  
 
 
 
(5,175
 
 
—  
 
Interest related to the payment facility plan for the dispute associated to cost deduction for hydrocarbon wells abandonment
  
 
(657
 
 
1,333
 
 
 
—  
 
Result of companies’ revaluation
  
   
 
 
—  
 
 
 
3,594
 
Miscellaneous
  
 
3,541
 
 
 
1,056
 
 
 
(677
 
  
 
 
 
 
 
 
 
 
 
 
 
Income tax
  
 
(20,999
 
 
(5,526
 
 
(51,538
 
  
 
 
 
 
 
 
 
 
 
 
 
 
(1)
Includes the effect of tax inflation.
(2)
Corresponds to the remedation of deferred income tax at the current rate. See Notes 2.b.15 and 34.j.
The Group has classified 740 as current income tax payable, which mainly include 513 corresponding to the 12 installments related to the payment facility plan (see Note 15). Also, the Group has classified 3,571 as
non-current
income tax payable, which mainly include 3,551 corresponding to the 83 installments related to mentioned plan.
Breakdown of deferred tax as of December 31, 2020, 2019 and 2018 is as follows:
 
 
  
2020
 
 
2019
 
 
2018
 
Deferred tax assets
  
   
 
   
 
   
Provisions and other
non-deductible
liabilities
  
 
14,701
 
 
 
5,344
 
 
 
2,920
 
Tax losses carryforward and other tax credits
  
 
82,601
 
 
 
52,443
 
 
 
21,575
 
Miscellaneous
  
 
1,629
 
 
 
937
 
 
 
270
 
 
  
 
 
 
 
 
 
 
 
 
 
 
Total deferred tax assets
  
 
98,931
 
 
 
58,724
 
 
 
24,765
 
 
  
 
 
 
 
 
 
 
 
 
 
 
Deferred tax liabilities
  
   
 
   
 
   
Property, plant and equipment
  
 
(144,900
 
 
(110,704
 
 
(113,821
Adjustment for tax inflation
  
 
(67,107
 
 
(38,177
 
 
—  
 
Miscellaneous
  
 
(3,904
 
 
(5,491
 
 
(1,768
 
  
 
 
 
 
 
 
 
 
 
 
 
Total deferred tax liabilities
  
 
(215,911
 
 
(154,372
 
 
(115,589
 
  
 
 
 
 
 
 
 
 
 
 
 
Total Net deferred tax
  
 
(116,980
)
(2)
 
 
 
(95,648
)
(2)
 
 
 
(90,824
)
(1)(2)
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
(1)
Includes 127 as a result of the implementation of the impairment method in the calculation of the impairment of financial assets pursuant to IFRS 9, having an impact in “Retained earnings”. See Note 2.b.18.
(2)
Includes (1,957), (1,523) and (3,432) as of December 31, 2020, 2019 and 2018, respectively, corresponding to adjustment for inflation of the opening deferred liability of subsidiaries with the Peso as functional currency with effect in other comprehensive income.
As of December 31, 2020, the Group has a deferred income tax asset for accumulated carryforwards of 82,601. Deferred income tax assets are recognized for tax loss carryforwards to the extent their setoff through future taxable profits is probable. Tax loss carryforwards in Argentina expire within 5 years.

In order to fully realize the deferred income tax asset, the Group will need to generate taxable income. Based upon the level of historical taxable income and future projections for the years in which the deferred income tax assets are deductible, Management of the Company believes that as of December 31, 2020 it is probable that the Group will realize all of the deferred income tax assets.
As of December 31, 2020, Group’s tax loss carryforwards at the expected recovery rate were as follows:
 
Date of generation
  
Date of expiration
  
Jurisdiction
  
Amount
 
2016
  
2021
  
Argentina
  
 
466
 
2017
  
2022
  
Argentina
  
 
499
 
2018
  
2023
  
Argentina
  
 
24,190
 
2019
  
2024
  
Argentina
  
 
21,948
 
2020
  
2025
  
Argentina
  
 
35,498
 
 
  
 
  
 
  
 
 
 
 
  
 
  
 
  
 
82,601
 
 
  
 
  
 
  
 
 
 
The credit for the Group’s tax loss carryforwards not recognized as of December 31, 2020 amounted to 956 with maturity between the years 2021 and 2025. As of December 31, 2019, and December 31, 2018, there are no significant deferred tax assets which are not recognized.

As of December 31, 2020, 2019 and 2018, the Group has classified as deferred tax assets for 2,629, 1,583 and 301, respectively, and as deferred tax liability 124,026, 97,231, and 91,125, respectively, all of which arise from the net deferred tax balances of each of the separate companies included in these consolidated financial statements.
As of December 31, 2020, 2019 and 2018, the causes that generate charges to “Other comprehensive income”, did not create temporary differences for income tax.
Law No. 27,468, published in the BO on December 4, 2018, established that the inflation adjustment procedure for taxation purposes will be applicable for fiscal years beginning January 1, 2018. In the first, second and third fiscal year since it became effective, this procedure shall be applicable if the variation in the CPI, estimated from the beginning to the end of each of those years exceeds 55%, 30% and 15%, for the first, second and third year of application, respectively. Considering CPI projections exceeded the parameters mentioned above for December 31, 2020 and 2019, the Group has applied the inflation adjustment procedure for taxation purposes.