16. INCOME TAXES

The provision for income taxes is comprised of the following:

	Years Ended December 31,
	2012			2013			2014
	$			$			$
Income (Loss) before Income Tax
Canada		2,616,980			41,700,153			248,666,430
Other		(203,205,487	)		11,503,569			72,650,567

		(200,588,507	)		53,203,722			321,316,997


Current Tax
Canada		2,447,930			1,694,557			17,721,440
Other		13,249,752			9,989,086			29,017,566

		15,697,682			11,683,643			46,739,006


Deferred Tax
Canada		1,713,862			11,493,561			40,894,769
Other		(22,844,954	)		(15,538,418	)		(10,202,862	)

		(21,131,092	)		(4,044,857	)		30,691,907


Total Income Tax (Benefit) Expense
Canada		4,161,792			13,188,118			58,616,209
Other		(9,595,202	)		(5,549,332	)		18,814,704

		(5,433,410	)		7,638,786			77,430,913

The Company mainly operates in Canada, PRC, Japan, Germany, the United States and Hong Kong.

Canada

The Company was incorporated in Ontario, Canada and is subject to both federal and Ontario provincial corporate income taxes at a rate of 26.5% for the years ended December 31, 2012, 2013 and 2014.

Canadian Solar Solutions Inc. was incorporated in Ontario, Canada and is subject to both federal and Ontario provincial corporate income taxes at a rate of 26.5%, 26.5% and 25% for the years ended December 31, 2012, 2013 and 2014, respectively.

United States

Canadian Solar (USA) Inc. was incorporated in Delaware, USA and is subject to federal, California, and other states' corporate income taxes at a rate of 35.55%, 38.10% and 37.95% for the years ended December 31, 2012, 2013 and 2014, respectively.

Japan

Canadian Solar Japan K.K. was incorporated in Japan and is subject to Japanese corporate income taxes at a normal statutory rate of approximately 40.69%, 38.01% and 35.64% for the years ended December 31, 2012, 2013 and 2014, respectively.

Germany

Canadian Solar EMEA GmbH was incorporated in Munich, Germany and is subject to German corporate income tax at a rate of approximately 33% for the years ended December 31, 2012, 2013 and 2014, respectively.

Hong Kong

Canadian Solar International Ltd. ("HKSI") was incorporated in Hong Kong, China, and is subject to Hong Kong profits tax at a rate of 16.5% for the years ended December 31, 2012, 2013 and 2014, respectively.

PRC

The other major operating subsidiaries, including CSI Solartronics (Changshu) Co., Ltd., CSI Solar Technologies Inc., CSI Cells Co., Ltd., Canadian Solar Manufacturing (Luoyang) Inc., CSI Solar Power (China) Inc. and Canadian Solar Manufacturing (Changshu) Inc., and Suzhou Sanysolar Materials Technology Co., Ltd. were governed by the PRC Enterprise Income Tax Law ("new EIT Law").

Under the new EIT Law, both foreign-invested enterprises and domestic enterprises are subject to a uniform enterprise income tax rate of 25%. The new EIT Law also provides a five-year transition period for those enterprises established before the promulgation date of the new EIT Law and were entitled to preferential tax treatment under the previous tax law. Enterprises that were subject to an enterprise income tax rate lower than 25% will have the new uniform enterprise income tax rate of 25% phased in over a five-year period from the effective date of the EIT Law. Enterprises that were entitled to exemptions or reductions from the standard income tax rate for a fixed term may continue to enjoy such treatment until the fixed term expires, subject to certain limitations.

Accordingly, the enterprise income tax rates applicable to the Company's major operating subsidiaries in China are summarized as follows:

Company		Applicable enterprise income tax rate under the new EIT Law
CSI Solartronics (Changshu) Co., Ltd.		25%
CSI Solar Technologies Inc.		25% for 2013 and onwards; 12.5% for 2012 (half reduction of 25%)
CSI Cells Co., Ltd.		25% for 2013 and onwards; 15% for 2012 resulting from its High and New Technology Enterprise ("HNTE") status
Canadian Solar Manufacturing (Luoyang) Inc.		25% for 2012 and onwards;
Canadian Solar Manufacturing (Changshu) Inc.		25% for 2013 and onwards; 12.5% for 2012 (half reduction of 25%)
CSI Solar Power (China) Inc.		25%
Suzhou Sanysolar Materials Technology Co., Ltd.		15% for 2015, 2014 and 2013 resulting from its HNTE status; 25% for 2012

The Company makes an assessment of the level of authority for each of its uncertain tax positions (including the potential application of interest and penalties) based on their technical merits, and has measured the unrecognized benefits associated with such tax positions. This liability is recorded as liability for uncertain tax positions in the consolidated balance sheets. In accordance with its policies, the Company accrues and classifies interest and penalties associated with such unrecognized tax benefits as a component of its income tax provision. The amount of interest and penalties accrued as of December 31 2013 and 2014 was $4,191,070 and $4,734,706, respectively. The Company does not anticipate any significant changes to its liability for unrecognized tax positions within the next 12 months.

The following table illustrates the movement and balance of the Company's liability for uncertain tax positions (excluding interest and penalties) for the years ended December 31, 2012, 2013 and 2014, respectively.

	Years Ended December 31,
	2012		2013			2014
	$		$			$
Beginning balance		9,453,041		11,242,208			13,000,601
Addition for tax positions related to the current year		1,789,167		1,806,512			402,548
Reductions for tax positions from prior years/Statute of limitations expirations		—		(48,119	)		(2,558,867	)

Ending balance		11,242,208		13,000,601			10,844,282

The Company is subject to taxation in various jurisdictions where it operates, mainly including Canada and China. Generally, the Company's taxation years from 2007 to 2013 are open for reassessment to the Canadian tax authorities. The Company's taxation years from 2004 through 2014 are subject to examination by the Chinese tax authorities due to its permanent establishment in China.

According to the PRC Tax Administration and Collection Law, the statute of limitations is three years if the underpayment of income taxes has resulted from the computational errors of the taxpayer. The statute of limitations could be extended to five years under special circumstances. Though not being clearly defined, a special circumstance would suffice where any underpayment of income taxes exceeds RMB100,000. For income tax adjustments relating to transfer pricing matters, the statute of limitations is ten years. Therefore, the Company's Chinese subsidiaries might be subject to reexamination by the Chinese tax authorities on non-transfer pricing matters for taxation years up to 2009 retrospectively, and on transfer pricing matters for taxation years up to 2004 retrospectively. There is no statute of limitations in case of tax evasion in China.

The components of the deferred tax assets and liabilities are presented as follows:

	At December 31, 2013			At December 31, 2014
	$			$
Deferred tax assets:
Accrued warranty costs		9,249,470			10,508,762
Bad debt allowance		13,418,947			9,318,321
Issuance costs		491,570			1,596,677
Inventory write-down		4,451,285			5,308,475
Depreciation difference of property, plant and equipment		23,431,856			26,148,567
Accrued liabilities related to countervailing and anti-dumping duty deposits		—			13,850,162
Deferred tax assets relating to sale of solar power plants		—			21,096,549
Net operating losses carry-forward		93,376,674			65,876,351
Others		4,858,010			6,947,306

Total deferred tax assets		149,277,812			160,651,170
Valuation allowance		(57,189,659	)		(52,984,988	)

Total deferred tax assets, net of valuation allowance		92,088,153			107,666,182


Analysis as:
Current		29,137,910			40,810,322
Non-current		62,950,243			66,855,860

		92,088,153			107,666,182


Deferred tax liabilities:
Foreign currency derivative assets		1,538,914			1,166,646
Depreciation difference of property, plant and equipment		5,598,193			5,264,152
Deferred profit of projects		15,236,918			70,359,704
Basis difference related to SkyPower acquisition		58,664,950			26,459,081
Others		922,772			1,806,298

Total deferred tax liabilities		81,961,747			105,055,881


Analysis as:
Current		57,918,099			94,710,638
Non-current		24,043,648			10,345,243

		81,961,747			105,055,881

Movement of the valuation allowance is as follows:

	Years Ended December 31,
	2012			2013			2014
	$			$			$
Beginning balance		39,745,271			54,140,359			57,189,659
Additions (Reversals)		14,530,536			4,670,785			(4,411,223	)
Foreign exchange effect		(135,448	)		(1,621,485	)		206,552

Ending balance		54,140,359			57,189,659			52,984,988

As of December 31, 2014, the Company has accumulated net operating losses of $331,359,665, of which $120,172,850 will expire between 2015 and 2032, and the remaining can be carried forward indefinitely.

The Company considers positive and negative evidence to determine whether some portion or all of the deferred tax assets will not be realized. This assessment considers, among other matters, the nature, frequency and severity of recent losses, forecasts of future profitability, the duration of statutory carry-forward periods, the Company's experience with tax attributes expiring unused and tax planning alternatives. The Company has considered the following possible sources of taxable income when assessing the realization of deferred tax assets:

•	Tax planning strategies;
•	Future reversals of existing taxable temporary differences;
•	Further taxable income exclusive of reversing temporary differences and carry-forwards;

The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible for tax purposes. As a result, the Company has recognized a valuation allowance of $57,189,659 and $52,984,988 as at December 31, 2013 and 2014, respectively.

Reconciliation between the provision for income tax computed by applying Canadian federal and provincial statutory tax rates to income before income taxes and the actual provision and benefit for income taxes is as follows:

	Years Ended December 31,
	2012			2013			2014
Combined federal and provincial income tax rate		27	%		27	%		27	%
Expenses not deductible for tax purpose		(1	)%		—			—
Effect of different tax rate of subsidiary operations in other jurisdiction		(7	)%		1	%		(2	)%
Unrecognized tax benefits		(1	)%		5	%		—
Valuation allowance		(14	)%		5	%		(1	)%
Change of tax rates in subsequent years		—			(23	)%		—
Exchange gain (loss)		(1	)%		—			—

		3	%		15	%		24	%

In accordance with the EIT Law, dividends, which arise from profits of foreign invested enterprises earned after January 1, 2008, are subject to a 10% withholding income tax. Under applicable accounting principles, a deferred tax liability should be recorded for taxable temporary difference attributable to excess of financial reporting basis over tax basis in the investment in a foreign subsidiary. However, a deferred tax liability is not recognized if the basis difference is not expected to reverse in the foreseeable future and is expected to be permanent in duration. As of December 31, 2014, all of the undistributed earnings of approximately $155.6 million attributable to the Company's PRC subsidiaries and affiliates are considered to be permanently reinvested, and no provision for PRC withholding income tax on dividend has been made thereon accordingly. Upon distribution of those earnings generated after January 1, 2008, in the form of dividends or otherwise, the Company would be subject to the then applicable PRC tax laws and regulations. Distributions of earnings generated before January 1, 2008 are exempt from PRC dividend withholding tax. The amounts of unrecognized deferred tax liabilities for these earnings are in the range of $7.7 million to $15.3 million, as the withholding tax rate of the profit distribution will be 5% or 10% depends on whether the immediate offshore companies can enjoy the preferential withholding tax rate of 5%.