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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 2014 and 2013 were as follows ($ in millions):

 

 

 

2014

 

2013

 

Income tax provision

 

$

204.1

 

$

238.8

 

Effective income tax rate

 

39.1

%

32.8

%

 

These provisions include income taxes for Peru, Mexico and the United States.  The increase in the effective tax rate for the first quarter of 2014 from the same period in the prior year is primarily due to the new Mexican royalty tax instituted for 2014, which added 5.1% to the first quarter effective rate.

 

In July 2013, the Financial Accounting Standards Board, or “FASB,” issued Accounting Standard Update No. 2013-11 on the presentation of unrecognized tax benefits. The update clarifies that unrecognized tax benefits related to a net operating loss carryforward, or similar tax loss, or tax credit carryforward, should generally be presented in the financial statements as a reduction to a deferred tax asset. The amendments in this update are effective for fiscal years, and interim periods within those years, beginning after December 15, 2013.  Accordingly in this quarter we have presented applicable uncertain tax positions as reductions to deferred income tax assets in the Condensed Consolidated Balance Sheet as of December 31, 2013 and March 31, 2014.

 

Royalty mining charge:

 

Peruvian operations: 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 $7.7 million and $10.6 million of royalty charge in the first quarter 2014 and 2013, respectively, of which $1.6 million and $3.9 million, respectively, were included in income taxes.

 

Mexican operations:  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 and an additional royalty charge of 0.5% on the net sales value of gold, silver and platinum.  These charges became effective January 2014 and the Company has accrued $24.0 million of royalty taxes as part of the income tax provision for the first quarter 2014.

 

Special Mining taxes:

 

In 2011, the Peruvian government enacted a tax for the mining industry.  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 $12.0 million and $15.5 million of special mining tax as part of the income tax provision for the first quarter 2014 and 2013, respectively.

 

Accounting for uncertainty in income taxes

 

In the first quarter 2014, there were no changes in the Company’s uncertain tax positions.