Since March 2009, Grupo Mexico, through its wholly-owned subsidiary AMC, owns an interest in excess of 80% of SCC. Accordingly, SCC’s results are included in the consolidated tax return for AMC for U.S. federal income tax reporting.

In accordance with its policy regarding use of estimates, the Company estimates income taxes currently payable or receivable as well as deferred income tax assets and liabilities attributable to temporary differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases. The Company provides current and deferred income taxes, as if it were filing a separate U.S. federal income tax return.

The components of the provision for income taxes for the three years ended December 31, 2022, are as follows:

The reconciliation of the statutory income tax rate to the effective tax rate for the three years ended December 31, 2022, is as follows (in percentage points):

(1)	Foreign tax at other than statutory rates, net of foreign tax credit benefit, also includes the effects of permanent differences in Peru and Mexico, that are determined at the local statutory rate.

The Company files income tax returns in three jurisdictions; Peru, Mexico and the United States. For the three years presented above, the statutory income tax rate for Mexico was 30%, the United States tax rate was 21%, and the Peruvian tax rate was 29.5%. While the largest components of income taxes are the Peruvian and Mexican taxes, the Company is a domestic U.S. entity. Therefore, the rate used in the above reconciliation is the U.S. statutory rate.

For all of the years presented, both the Peruvian branch and Minera Mexico filed separate tax returns in their respective tax jurisdictions. Although the tax rules and regulations imposed in the separate tax jurisdictions may vary significantly, similar permanent items exist, such as items which are nondeductible or nontaxable. Some permanent differences relate specifically to SCC such as the allowance in the United States for percentage depletion.

Deferred taxes include the U.S., Peruvian and Mexican tax effects of the following types of temporary differences and carryforwards:


	At December 31,
(in millions)	2022		2021
Assets:
Inventories	$	28.5	$	78.0
Capitalized exploration expenses		12.4		12.5
U.S. foreign tax credit carryforward, net of Uncertain Tax Positions		1,653.5		1,479.2
U.S. tax effect of Peruvian deferred tax liability		112.5		75.0
U.S. tax effect of Peruvian Uncertain Tax Positions		45.1		—
Reserves		249.6		284.5
Property, plant and equipment		—		9.5
Deferred workers participation		15.9		11.1
Accrued salaries, wages and vacations		7.4		8.2
Sales price adjustment (PUI)		—		2.6
Social responsibility expenses		—		5.1
Deferred charges		28.6		31.6
Valuation allowance on U.S. deferred tax assets, foreign tax credits and U.S. tax effect of Peruvian deferreds		(2,053.7)		(1,820.0)
Accrued royalty and special mining tax		10.8		23.3
Other		21.9		5.5
Total deferred tax assets		132.5		206.1

	At December 31,
(in millions)	2022		2021
Liabilities:
Property, plant and equipment		(19.7)		—
Social responsibility expenses		(7.7)		—
Sales price adjustment (PUI)		(29.0)		—
Other		—		(8.2)
Total deferred tax liabilities		(56.4)		(8.2)
Total net deferred tax (liabilities) / assets	$	76.1	$	197.9

The valuation allowance increased by $233.7 million in 2022, which was primarily due to the valuation of unutilized Foreign Tax Credits generated in 2022 and the valuation of the anticipatory foreign tax credits for the U.S. Tax effect of Peruvian deferred tax and uncertain tax position liabilities. The Peru branch operations are taxed in the U.S. as a flow through entity to SCC. Since the Peruvian tax rate of 29.5% now exceeds the U.S. tax rate of 21% it is the expectation of management that it is more likely than not that the benefit of excess credits generated in the current year will not be realizable.

U.S. Tax Matters—

As of December 31, 2022, the Company considers its ownership of the stock of Minera Mexico to be essentially permanent in duration. Income from subsidiaries, such as Minera Mexico, is included in the Global Intangible Low Tax Income or GILTI on a current year basis.

GILTI imposes a tax on foreign income in excess of a deemed return on tangible assets of foreign corporations. The Company has not had U.S. tax liability from the GILTI inclusion since introduction of this tax in 2018 and does not anticipate a tax in the future because of increased fixed asset amounts and the Mexican tax rate of 30%. No U.S. deferred taxes have been recorded as the Company has elected that if GILTI were to apply in the future, a current period expense would be recorded when incurred.

The Base Erosion Anti-Abuse Tax (“BEAT”) is a 10% minimum tax for the years 2019 through 2025 and 12.5% in years thereafter. It is calculated on a base equal to the Company’s income determined without the tax benefit arising

from base erosion payments. Since this tax was imposed in 2018 the Company has had no U.S. tax liability for BEAT since it has met the safe harbor rule that provides a Company not to be subject to the BEAT if related party payments from the U.S. to foreign entities does not exceed 3% of expenses excluding cost of goods sold. The Company must continue to analyze applicability of the BEAT provisions on a yearly basis.

As of December 31, 2022, $903.6 million of the Company´s total cash, cash equivalents and short-term investments of $2,278.0 million were held by foreign subsidiaries. The cash, cash equivalents and short-term investments maintained in our foreign operations are generally used to cover local operating and investment expenses. The Company has determined that as of December 31, 2022, a deferred tax asset of $0.3 billion exists with respect to its investment in foreign subsidiaries. Tax accounting guidance provided in ASC 740 requires this asset to be recognized only if the basis difference will reverse in the foreseeable future. Management has no plans that would result in the reversal of this temporary difference and consequently no deferred tax asset has been recorded. Future dividends from these subsidiaries may not be subject to federal income tax in the U.S., and the Company incurs no state income tax liability. Additionally, there are no withholding taxes due to the tax treaty between the United States and Mexico. Distributions of earnings from the Company's Peruvian branch to the United States are not subject to U.S. taxes on repatriation. The Company's branch operations are not foreign corporations. They are rather mainly comprised of operations that are branches of the Company's U.S. operations and taxed on a current basis.

As of December 31, 2022, there were $1,670.7 million of foreign tax credits available for carryback or carryforward. These credits have a one-year carryback and a ten-year carryforward period and can only be used to reduce U.S. income tax on foreign earnings. There were no other unused U.S. tax credits as of December 31, 2022. These credits will expire if not utilized by the end of the years listed below:


Year	Amount
2024		72.2
2025		146.7
2026		96.1
2027		—
2028		175.0
2029		219.9
2030		247.6
2031		582.2
2032		131.0
Total	$	1,670.7

These foreign tax credits are presented above on a gross basis and have not been adjusted for any unrecognized tax benefits. In accordance with ASC 740, the Company has recorded $17.2 million for the U.S. jurisdiction unrecognized tax benefit as an offset to the Company’s deferred tax asset for foreign tax credits. The remaining foreign tax credits of $1,653.5 million have a full valuation allowance against them at December 31, 2022. It is the expectation of management that with the reduction in the U.S. corporate tax rate to 21% and considering the corporate tax rates in Mexico of 30% and in Peru at 29.5%, it is unlikely the excess foreign tax credits can be utilized. Additionally, foreign dividends may no longer be taxed in the U.S. due to the GILTI rules and thereby reducing the U.S. tax on the foreign source income and limiting the ability to utilize foreign tax credits generated before the 2017 Tax Cuts and Jobs Act.

On December 28, 2021, the U.S. Treasury and the IRS released final regulations addressing various aspects of the foreign tax credit regime. The regulations apply to years beginning after December 28, 2021. The Company reviewed and revised the foreign tax credits generated under the new regulations, which is not expected to have a material impact on the Company’s financial statements as excess foreign tax credits generated are fully valued. See below for discussion of Peruvian tax mattes and Peruvian Special Mining Tax.

On August 16, 2022, the U.S. enacted the Inflation Reduction Act of 2022 (the “Inflation Reduction Act”), which includes, among other provisions, (i) a new corporate alternative minimum tax of 15% on the adjusted financial statement income (AFSI) of corporations with average AFSI exceeding $1.0 billion over a three-year period, and (ii) a new excise tax of 1% on the fair market value of net corporate stock repurchases. The provisions of the Inflation

Reduction Act are effective for tax years beginning in fiscal year 2023. The Company continues to analyze the impacts that the Inflation Reduction Act will have on future operating results.

Beginning in fiscal year 2022, the U.S. Tax Cuts and Jobs Act of 2017 (“TCJA”) enactment of IRC Section 174 requires the capitalization and amortization of research and experimental expenditures. The Company does not believe this legislation will have a material impact on the Company’s Consolidated Financial Statements and will continue to assess the effects.

Peruvian Tax Matters—

Mining royalty charge: The 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. The minimum royalty charge is recorded as cost of sales and those amounts assessed at higher rates are included in the income tax provision. The Company has accrued $71.4 million, $140.8 million and $60.6 million of royalty charges in 2022, 2021 and 2020, respectively, of which $35.8 million, $97.8 million and $31.4 million were included in income taxes in 2022, 2021 and 2020, respectively.

Peruvian special mining tax: This tax is based on operating income with graduated rates increasing from 2% to 8.4%. The Company recognized $56.4 million, $114.0 million and $50.0 million in 2022, 2021 and 2020, respectively, with respect to this tax. These amounts were included as income taxes in the Consolidated Statement of Earnings.

Mexican Tax Matters—

Since 2014, Mexican operations have been required to pay a mining royalty of 7.5% on taxable earnings before taxes and an additional royalty of 0.5% over gross income from sales of gold, silver and platinum: $1.5 million.

On October 26, 2021, the Federal Executive submitted the 2022 Economic Package. The Federal Revenue Law for fiscal year 2022 went into effect on January 1, 2022. The aforementioned proposal does not include any major changes and mostly addresses administrative issues; it does not include tax increases or new taxes.

Accounting for Uncertainty in Income Taxes—

The total amount of unrecognized tax benefits in 2022, 2021 and 2020, was as follows (in millions):


	2022		2021		2020
Unrecognized tax benefits, opening balance	$	—	$	66.1	$	58.4
Gross decreases—tax positions in prior period		—		(10.9)		—
Gross increases—tax positions in prior period		130.9		—		—
Gross increases—current-period tax positions		—		—		7.7
Gross decreases—current-period tax positions		(10.7)		(1.1)		—
Decreases related to settlements with taxing authorities		(37.5)		(54.1)		—
		82.7		(66.1)		7.7
Unrecognized tax benefits, ending balance	$	82.7	$	—	$	66.1

The company recognizes interest and penalties related to unrecognized tax benefits as a component of the provision for income taxes within the Consolidated Statements of Earnings. For the Peruvian jurisdiction, in addition to the unrecognized tax benefits of $38.8 million, the Company recorded $26.7 million of accrued interest and penalties.

The amount of unrecognized tax benefits that, if recognized, would affect the effective tax rate was $65.5 million at December 31, 2022 and relates entirely to the Peruvian jurisdiction. Any recognition of unrecognized tax benefits within the U.S. jurisdiction would not affect the effective tax rate as long as the Company continues to value U.S. deferred tax assets including foreign tax credits. Offsetting expense related to the change in liability for uncertain tax positions within the U.S. jurisdiction and the change in valuation allowance of the U.S. deferred tax asset for foreign tax credits was

presented as a net amount in the components of income taxes. The Company has no unrecognized Mexican tax benefits as of December 31, 2022.

The company expects that foreign exchange rates will have an impact on the amount of unrecognized tax benefits in the Peruvian jurisdiction.

As of December 31, 2022 and December 31, 2021, the Company’s liability for uncertain tax positions did not include accrued interest and penalties in the U.S. jurisdiction. As of December 31, 2022 the Company’s liability for uncertain tax positions included accrued interest and penalties of $26.7 million in the Peruvian jurisdiction.

The following tax years remain open to examination and adjustment in the Company’s three major tax jurisdictions:


Peru:		2017 and all subsequent years
U.S.:		2017 and all subsequent years
Mexico:		2017 and all subsequent years

Management does not expect that any of the open years will result in a cash payment within the U.S. jurisdiction in the upcoming twelve months ending December 31, 2023. Management expects to make cash payments of $24.8 million within the Peruvian jurisdiction in the upcoming twelve months ending December 31, 2023.