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INCOME TAXES
12 Months Ended
Dec. 31, 2015
INCOME TAXES  
INCOME TAXES

NOTE 8 INCOME TAXES

A reconciliation of the tax provision for 2015, 2014 and 2013 at statutory U.S. Federal and State income tax rates to the actual tax provision recorded in the financial statements is computed as follows:

 

 

 

 

 

 

 

 

 

 

 

Expected tax recovery at

    

2015

    

2014

    

2013

 

Loss before income taxes

 

$

(45,010)

 

 

(419,113)

 

 

(201,107)

 

Statutory tax rate

 

 

34%

 

 

34%

 

 

34%

 

US Federal and State tax recovery at statutory rate

 

$

(15,303)

 

$

(142,498)

 

$

(68,376)

 

Reconciling items:

 

 

 

 

 

 

 

 

 

 

Equity pickup in MSC

 

 

(821)

 

 

1,850

 

 

(2,924)

 

Impairment of MSC

 

 

4,004

 

 

7,407

 

 

33,557

 

Revisions to prior year estimates

 

 

906

 

 

8,330

 

 

(19,016)

 

Adjustment for foreign tax rates

 

 

(1,230)

 

 

(1,803)

 

 

6,573

 

Other permanent differences

 

 

(15,694)

 

 

(14,760)

 

 

(11,296)

 

Unrealized foreign exchange rate (loss)/gain

 

 

9,389

 

 

19,444

 

 

(28,319)

 

NOL expired

 

 

1,215

 

 

10,268

 

 

1,711

 

Valuation allowance

 

 

(7,026)

 

 

4,592

 

 

34,725

 

Tax Recovery

 

$

(24,560)

 

$

(107,170)

 

$

(53,365)

 

 

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities as at December 31, 2015 and 2014 respectively are presented below:

 

 

 

 

 

 

 

 

 

 

    

2015

    

2014

 

Deferred tax assets:

 

 

 

 

 

 

 

Net operating loss carryforward

 

$

105,555

 

$

108,070

 

Mineral Properties

 

 

11,842

 

 

14,797

 

Other temporary differences

 

 

5,371

 

 

7,141

 

Total gross deferred tax assets

 

 

122,768

 

 

130,008

 

Less: valuation allowance

 

 

(122,768)

 

 

(129,794)

 

Net deferred tax assets

 

$

 —

 

$

214

 

Deferred tax liabilities:

 

 

 

 

 

 

 

Investments

 

$

 —

 

$

(214)

 

Acquired mineral property interests

 

 

(26,899)

 

 

(51,899)

 

Total deferred tax liabilities

 

 

(26,899)

 

 

(52,113)

 

Total net deferred tax liabilities

 

$

(26,899)

 

$

(51,899)

 

The Company believes that it is unlikely that the full amount of deferred tax assets will be realized.  Therefore, a valuation allowance has been provided for most of the full amount of deferred tax assets.  The change in valuation allowance of approximately $7.0 million primarily reflects a decrease of net operating loss carryforwards and mineral properties.  In 2014 the change in valuation allowance of approximately $4.6 million primarily reflects a decrease of net operating loss carryforwards.

 

 

The table below summarizes changes to the valuation allowance:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For the year ended December 31,

 

 

Balance at Beginning of Period

 

 

Additions (a)

 

 

Deductions (b)

 

 

Balance at End of Period

2015

 

$

129,794

 

$

6,873

 

$

(13,899)

 

$

122,768

2014

 

 

125,202

 

 

11,514

 

 

(6,922)

 

 

129,794

2013

 

 

90,477

 

 

35,547

 

 

(822)

 

 

125,202

(a)

The additions to valuation allowance mainly results from the Company and its subsidiaries incurring losses and exploration expenses for tax purposes which do not meet the more-likely-than-not criterion for recognition of deferred tax assets.

(b)

The reductions to valuation allowance mainly results from expiration of the Company's tax attributes and foreign exchange reductions of tax attributes in Mexico and Argentina.

 

The deferred tax liability related to the Minera Andes acquisition was $19.8 million as at December 31, 2015 (2014  - $26.6 million).

 

On December 11, 2013, the Mexican government enacted a tax reform that increased the effective tax rate applicable to the Company's Mexican operations. The law, effective January 1, 2014, introduced a Special Mining Duty of 7.5%. The Special Mining duty is deductible for income tax purposes. The Special Mining Duty is generally applicable to earnings before income tax, depreciation, depletion, amortization and interest. There are no deductions allowed for development type costs but exploration and prospecting costs can be claimed. In addition, certain undeducted exploration expenditures incurred prior to January 1, 2014 are also deductible in the calculation of the Special Mining Duty. For the year ended December 31, 2015 and 2014, the Company had no taxes payable under the 7.5% Special Mining Duty.    

 

The following table summarizes the Company’s losses that can be applied against future taxable profit:

 

 

 

 

 

 

 

Country

Type of Loss

 

 

Amount

Expiry Period

United States (a)

Non operating losses

 

$

158,974

2016-2035

Mexico

Non operating losses

 

 

57,822

2016-2025

Canada

Non operating losses

 

 

20,349

2016-2035

Argentina

Non operating losses

 

 

85,878

2016-2020


(a)

The losses in the United States and Argentina are part of a multiple consolidating groups, and therefore, may be restricted in use to specific projects.

 

The Company or its subsidiaries file income tax returns in Canada, the United States, Mexico, and Argentina. These tax returns are subject to examination by local taxation authorities provided the tax years remain open to audit under the relevant statute of limitations. The following summarizes the open tax years by major jurisdiction:

 

United States: 2012 to 2015

Canada: 2008 to 2015

Mexico: 2011 to 2015

Argentina: 2011 to 2015