INCOME TAXES

12 Months Ended

Sep. 30, 2012

INCOME TAXES

INCOME TAXES

11.INCOME TAXES

The components of (loss) earnings before income taxes, after adjusting (loss) earnings for non-controlling interests, are as follows:

	Year ended September 30,
	2012				2011
United States		$	(8,936,000	)		$	(4,148,000	)
Canada			(2,297,000	)			5,540,000
		$	(11,233,000	)		$	1,392,000

The components of the income tax (benefit) provision related to the above (loss) earnings are as follows:

	Year ended September 30,
	2012				2011
Current provision:
United States – Federal		$	-			$	-
United States – State			-				18,000
			-				18,000
Canadian			200,000				808,000
Total current			200,000				826,000
Deferred (benefit) provision:
United States			(380,000	)			84,000
Canadian			(917,000	)			591,000
Total deferred			(1,297,000	)			675,000
		$	(1,097,000	)		$	1,501,000

Barnwell’s effective consolidated income tax rate for fiscal 2012, after adjusting (loss) earnings before income taxes for non-controlling interests, was 10%, as compared to 108% for fiscal 2011.

Consolidated taxes do not bear a customary relationship to pretax (losses) earnings due mainly to the fact that Canadian income taxes are not sheltered by U.S. source losses, Canadian income taxes are not estimated to have a current or future benefit as foreign tax credits or deductions for U.S. tax purposes, and U.S. consolidated net operating losses are not estimated to have a future U.S. tax benefit prior to expiration.  In addition, included in the income tax benefit for fiscal 2012 and the income tax provision for fiscal 2011 are $93,000 and $257,000 uncertain tax position benefits, respectively, from lapses of the statute of limitations for uncertain tax positions related to Canadian income taxes.

A reconciliation between the reported income tax (benefit) provision and the amount computed by multiplying the (loss) earnings attributable to Barnwell before income taxes by the U.S. federal tax rate of 35% is as follows:

	Year ended September 30,
	2012					2011
Tax (benefit) expense computed by applying statutory rate		$	(3,932,000	)	$	487,000
Increase in the valuation allowance			3,968,000			928,000
Additional effect of the foreign tax provision on the total tax provision			(606,000	)		390,000
State income tax (benefit) expense			(389,000	)		18,000
Uncertain tax positions – lapses of statute			(93,000	)		(257,000	)
Other			(45,000	)		(65,000	)
		$	(1,097,000	)	$	1,501,000

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities are as follows:

	September 30,
	2012				2011
Deferred income tax assets:
U.S. tax effect of deferred Canadian taxes		$	1,082,000			$	1,323,000
Foreign tax credit carryover			1,955,000				1,656,000
Alternative minimum tax credit carryover			460,000				460,000
U.S. federal net operating loss carryover			2,613,000				79,000
Tax basis of investment in land and residential real estate in excess of book basis			1,661,000				1,383,000
Property and equipment accumulated tax depreciation and depletion in excess of book under U.S. tax law			4,480,000				4,655,000
Liabilities accrued for books but not for tax under U.S. tax law			4,192,000				4,242,000
Liabilities accrued for books but not for tax under Canadian tax law			1,732,000				1,616,000
Other			1,869,000				1,177,000
Total gross deferred tax assets			20,044,000				16,591,000
Less valuation allowance			(18,233,000	)			(14,975,000	)
Net deferred income tax assets			1,811,000				1,616,000
Deferred income tax liabilities:
Property and equipment accumulated tax depreciation and depletion in excess of book under Canadian tax law			(4,913,000	)			(5,508,000	)
Other			(92,000	)			(392,000	)
Total deferred income tax liabilities			(5,005,000	)			(5,900,000	)
Net deferred income tax liability		$	(3,194,000	)		$	(4,284,000	)

Net deferred income tax liability is included in the Consolidated Balance Sheets as follows:

	September 30,
	2012			2011
Current deferred income tax asset (included in other current assets)	$	113,000		$	197,000
Deferred income tax liability	(3,307,000		)	(4,481,000		)
Net deferred income tax liability	$	(3,194,000	)	$	(4,284,000	)

The total valuation allowance increased $3,258,000 for the year ended September 30, 2012.  The increase was due primarily to a U.S. federal net operating loss, asset impairments for books but not tax, and an increase in foreign tax credit carryovers.  Of the total increase in the valuation allowance for fiscal 2012, $3,968,000 was recognized as income tax expense and $710,000 was credited to accumulated other comprehensive income.

Net deferred tax assets at September 30, 2012 of $1,811,000 consists primarily of Canadian deferred tax assets related to liabilities accrued for book purposes but not for tax purposes that are estimated to be realized through future Canadian income tax deductions against future Canadian oil and natural gas earnings.

At September 30, 2012, Barnwell had foreign tax credit carryovers, alternative minimum tax credit carryovers, and U.S. federal net operating loss carryovers totaling $1,955,000, $460,000 and $7,687,000, respectively.  All three items were fully offset by valuation allowances at September 30, 2012.  The net operating loss carryovers expire in fiscal years 2031-2032, and the foreign tax credit carryovers expire in fiscal years 2013-2022.

FASB ASC Topic 740, Income Taxes, prescribes a threshold for recognizing the financial statement effects of a tax position when it is more likely than not, based on the technical merits, that the position will be sustained upon examination by a taxing authority.

Barnwell files U.S. federal income tax returns, income tax returns in various U.S. states, and Canadian federal and provincial tax returns.  A number of years may elapse before an uncertain tax position, for which we have unrecognized tax benefits, is audited and finally resolved.  While it is often difficult to predict the final outcome or the timing of resolution of any particular uncertain tax position, we believe that our unrecognized tax benefits reflect the more likely than not outcome.  We adjust these unrecognized tax benefits, as well as the related interest, based on ongoing changes in facts and circumstances.  Settlement of any particular position could require the use of cash.  Favorable resolution for an amount less than the amount estimated by Barnwell would be recognized as a decrease in the effective income tax rate in the period of resolution, and unfavorable resolution in excess of the amount estimated by Barnwell would be recognized as an increase in the effective income tax rate in the period of resolution.

In November 2010, the Company settled and paid the province of Alberta’s reassessment of Canadian provincial taxes.  The Alberta provincial reassessment resulted from the Canada Revenue Agency’s examination of the Company’s fiscal 2005 and 2006 Canadian federal returns, which was settled in September 2010.  There was no material difference between the province of Alberta’s reassessment and the related uncertain tax provision previously recorded by the Company.

The Canada Revenue Agency is currently examining the Company’s Canadian federal income tax returns for fiscal 2010 and 2011.

Below are the changes in uncertain tax positions.

									Total
									Unrecognized
	Tax Positions				Accrued				Tax
	Taken				Interest				Benefits
Balance as of September 30, 2010		$	980,000			$	257,000			$	1,237,000
Effect of tax positions taken in prior years		11,000				(4,000		)		7,000
Settlements		(172,000		)		(67,000		)		(239,000		)
Lapse of statute		(155,000		)		(102,000		)		(257,000		)
Translation adjustments		7,000				6,000				13,000
Balance as of September 30, 2011		671,000				90,000				761,000
Effect of tax positions taken in prior years		-				13,000				13,000
Lapse of statute		(61,000		)		(32,000		)		(93,000		)
Translation adjustments		37,000				4,000				41,000
Balance as of September 30, 2012		$	647,000			$	75,000			$	722,000

The total amount of unrecognized tax benefits at September 30, 2012 that, if recognized, would impact the effective tax rate was $722,000.

Uncertain tax positions consist of Canadian federal and provincial audit issues that involve transfer pricing adjustments.  Because of a lack of clarity and uniformity regarding allowable transfer pricing valuations by differing jurisdictions, it is reasonably possible that the total amount of uncertain tax positions may significantly increase or decrease within the next 12 months, and the estimated range of any such variance is not currently estimable based upon facts and circumstances as of September 30, 2012.

Included below is a summary of the tax years, by jurisdiction, that remain subject to examination by taxing authorities at September 30, 2012:

Jurisdiction	Fiscal Years Open
U.S. federal	2006, 2009 – 2011
Various U.S. states	2009 – 2011
Canada federal	2005 – 2011
Various Canadian provinces	2005 – 2011