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Note 10 - Income Taxes
3 Months Ended
Mar. 31, 2020
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

NOTE 10 — INCOME TAXES

 

The Company’s effective tax rate expense (benefit) for the three months ended March 31, 2020 and 2019 was 37.2% and 34.1%, respectively. The effective rate differs from the federal statutory rate of 21% for the three months ended March 31, 2020 due to: (i) the impact of global intangible low tax income (“GILTI”); (ii) the mix of business in various countries with higher and lower statutory tax rates than the federal tax rate; (iii) the increase in the valuation allowance on the deferred tax assets related to Production Tax Credits ("PTC") and (iv) withholding taxes on future distributions partially offset by forecasted generation of PTC.

 

In response to the COVID-19 pandemic, many governments have enacted or are contemplating measures to provide aid and economic stimulus. The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), enacted on March 27, 2020 in the United States provides relief on deferral of tax payments and filings, modifies the net operating loss utilization rules, and temporarily increases the interest expense deduction allowed. For the three months ended March 31, 2020, there were no material tax impacts to our consolidated financial statements as it relates to the CARES Act or other COVID-19 stimulus measures. The Company will continue to monitor additional guidance issued by Treasury, the Internal Revenue Service and other taxing authorities.

 

Tax Audit in Kenya

 

The Company received three Letters of Preliminary Findings ("LPF’s") from the Kenya Revenue Authority ("KRA") during 2019 relating to certain findings in respect of its audit of tax years 2013 to 2017.  Afterwards, the KRA issued formal Notices of Assessments and objection decisions regarding the issues raised in the first two LPF’s. The Company has responded and objected to each of the KRA audit findings and has already filed its appeal to the first Objection Decision. The Company received from the KRA a second Objection Decision Letter on May 8, 2020 pertaining to the second assessment. The Company is currently in the process of filing its appeal to the second Objection Decision Letter. The total amounts of assessments under the first two LPFs is approximately $202 million, including penalties and interest; and the third LPF proposes an assessment of $17 million, including penalties and interest. 

 

The Company is currently at different stages of discussions with the KRA on the matters included in the KRA assessments, objection decisions and preliminary findings as described above. The Company believes its tax positions for the issues raised during the audit period is more-likely-than-not sustainable based on technical merits under Kenyan tax law.  As of March 31, 2020, the Company had not recorded any tax reserves related to these demands except for an immaterial amount included in the first Letter of Preliminary Findings.