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Income and Mining Taxes
12 Months Ended
Dec. 31, 2016
Income Tax Disclosure [Abstract]  
INCOME AND MINING TAXES
INCOME AND MINING TAXES
The components of Income (loss) before income taxes are below:
 
Year ended December 31,
In thousands
2016
 
2015
 
2014
United States
$
(13,112
)
 
$
(43,924
)
 
$
(213,883
)
Foreign
14,225

 
(349,522
)
 
(1,401,245
)
Total
$
1,113

 
$
(393,446
)
 
$
(1,615,128
)

The components of the consolidated Income and mining tax (expense) benefit from continuing operations are below:
 
Year ended December 31,
In thousands
2016
 
2015
 
2014
Current:
 

 
 

 
 

United States
$

 
$
49

 
$
904

United States — State mining taxes
(7,826
)
 
(4,305
)
 
(879
)
United States — Foreign withholding tax
(4,263
)
 

 
(6,250
)
Argentina
10

 
715

 
(71
)
Australia
14

 
130

 

Bolivia
6,252

 
(5,154
)
 
(4,008
)
Canada
(1,841
)
 
(516
)
 
(145
)
Mexico
(9,581
)
 
(476
)
 
(10,122
)
Deferred:
 
 
 
 
 
United States
15,556

 
1,778

 
5,743

United States — State mining taxes
748

 
1,952

 

Argentina
115

 
(1,197
)
 
24,478

Australia
(1,638
)
 
3,223

 
(401
)
Bolivia

 

 
22,122

Canada
1,338

 
2,875

 
2,662

Mexico
55,383

 
27,189

 
394,221

New Zealand
(28
)
 

 

Income tax (expense) benefit
$
54,239

 
$
26,263

 
$
428,254


The Company’s effective tax rate is impacted by recurring items, such as foreign exchange rates on deferred tax balances, uncertain tax positions, and the full valuation allowance on the deferred tax assets relating to losses in the United States and certain foreign jurisdictions. During the year ended December 31, 2016, the Company completed a legal entity reorganization to integrate recent acquisitions resulting in a valuation allowance release of $40.8 million and recorded a $15.0 million deferred tax benefit related to unremitted earnings. In addition, the Company's consolidated effective income and mining tax rate is a function of the combined effective tax rates and foreign exchange rates in the jurisdictions in which it operates. Variations in the jurisdictional mix of income and loss and foreign exchange rates result in significant fluctuations in our consolidated effective tax rate.
    





    

A reconciliation of the Company’s effective tax rate with the federal statutory tax rate for the periods indicated is below:
 
Year ended December 31,
In thousands
2016
 
2015
 
2014
Income and mining tax (expense) benefit at statutory rate
$
(390
)
 
$
137,706

 
$
565,295

State tax provision from continuing operations
336

 
(2,075
)
 
20,253

Change in valuation allowance
61,146

 
(101,027
)
 
(151,191
)
Percentage depletion
983

 

 

Uncertain tax positions
(4,619
)
 
(1,947
)
 
(4,425
)
U.S. and foreign non-deductible expenses
(5,764
)
 
1,365

 
(4,892
)
Mineral interest related

 
(19,310
)
 

Foreign exchange rates
19,701

 
22,350

 
23,672

Foreign inflation and indexing
2,794

 
1,117

 
3,765

Foreign tax rate differences
413

 
(15,980
)
 
(63,930
)
Foreign withholding and other taxes
(13,478
)
 
8,140

 
82,884

Foreign tax credits and other, net
102


(4,076
)

(43,177
)
Legal entity reorganization
(6,985
)
 

 

Income and mining tax (expense) benefit
$
54,239

 
$
26,263

 
$
428,254


At December 31, 2016 and 2015, the significant components of the Company’s deferred tax assets and liabilities are below:
 
Year ended December 31,
In thousands
2016
 
2015
Deferred tax liabilities:
 

 
 

Mexican mining tax
$

 
$
15,451

Mineral properties
69,799

 

Foreign subsidiaries — unremitted earnings
1,302

 
12,999

Inventory
4,426

 
2,353

Royalty and other long-term debt
8,685

 
1,648

 
$
84,212

 
$
32,451

Deferred tax assets:
 

 
 

Net operating loss carryforwards
202,756

 
203,958

Mineral properties

 
34,966

Property, plant, and equipment
87,978

 
6,980

Mexico Mining Tax
6,359

 

Capital loss carryforwards
6,770

 
3,938

Asset retirement obligation
25,255

 
21,480

Unrealized foreign currency loss and other
7,413

 
8,424

Accrued expenses
17,713

 
17,905

Tax credit carryforwards
31,272

 
26,439

 
385,516

 
324,090

Valuation allowance
(375,911
)
 
(436,829
)
 
9,605

 
(112,739
)
Net deferred tax liabilities
$
74,607

 
$
145,190





A valuation allowance is provided for deferred tax assets for which it is more likely than not that the related tax benefits will not be realized. The Company analyzes its deferred tax assets and, if it is determined that the Company will not realize all or a portion of its deferred tax assets, it will record or increase a valuation allowance. Conversely, if it is determined that the Company will ultimately be more likely than not able to realize all or a portion of the related benefits for which a valuation allowance has been provided, all or a portion of the related valuation allowance will be reduced. There are a number of factors that impact the Company’s ability to realize its deferred tax assets. For additional information, please see the section titled “Risk Factors” included in Item 1A. Based upon this analysis, the Company has recorded valuation allowances as follows:
 
Year ended December 31,
In thousands
2016
 
2015
U.S. 
$
292,446

 
$
292,677

Argentina
6,197

 
8,376

Canada
1,296

 
1,718

Bolivia
37,372

 
45,177

Mexico
13,033

 
63,373

New Zealand
23,717

 
25,508

Other
1,850

 

 
$
375,911

 
$
436,829


The Company has the following tax attribute carryforwards at December 31, 2016, by jurisdiction:
In thousands
U.S.
 
Argentina
 
Bolivia
 
Canada
 
Mexico
 
New Zealand
 
Other
 
Total
Regular net operating losses
$
330,469

 
$
11,621

 
$
63,005

 
$
2,301

 
$
91,383

 
$
85,258

 
$
63

 
$
584,100

Alternative minimum tax net operating losses
184,386

 

 

 

 

 

 

 
184,386

Capital losses
19,315

 

 

 
79

 

 

 

 
19,394

Alternative minimum tax credits
3,173

 

 

 

 

 

 

 
3,173

Foreign tax credits
24,161

 

 

 

 

 

 

 
24,161


The U.S. net operating losses expire from 2019 through 2036; the Argentina net operating losses will expire from 2017 to 2021; the Bolivia net operating losses will expire from 2018 to 2020; the Canada net operating losses will expire from 2029 through 2036; and the Mexico net operating losses expire from 2017 to 2026. The remaining net operating losses from the foreign jurisdictions have an indefinite carryforward period. The majority of the U.S. capital losses will expire from 2020 and 2021. Alternative minimum tax credits do not expire and foreign tax credits expire if unused beginning in 2019.
The Company intends to indefinitely reinvest earnings from Mexican operations. For the years 2016 and 2015, the Company had no unremitted earnings from this jurisdiction.
A reconciliation of the beginning and ending amount related to unrecognized tax benefits is below (in thousands):
Unrecognized tax benefits at January 1, 2014
$
16,084

Gross increase to current period tax positions
1,030

Gross increase to prior period tax positions
810

Reductions in unrecognized tax benefits resulting from a lapse of the applicable statute of limitations

Unrecognized tax benefits at December 31, 2015
$
17,924

Gross increase to current period tax positions
1,336

Gross increase to prior period tax positions
4,854

Reductions in unrecognized tax benefits resulting from a lapse of the applicable statute of limitations
(704
)
Unrecognized tax benefits at December 31, 2016
$
23,410


At December 31, 2016, 2015, and 2014, $19.6 million, $17.9 million, and $16.1 million, respectively, of these gross unrecognized benefits would, if recognized, decrease the Company's effective tax rate.
The Company operates in numerous countries around the world and is subject to, and pays annual income taxes under, the various income tax regimes in the countries in which it operates. The Company has historically filed, and continues to file, all required income tax returns and paid the taxes reasonably determined to be due. The tax rules and regulations in many countries are highly complex and subject to interpretation. From time to time, the Company is subject to a review of its historic income tax filings and, in connection with such reviews, disputes can arise with the taxing authorities over the interpretation or application of certain rules to the Company’s business conducted within the country involved.
The Company files income tax returns in various U.S. federal and state jurisdictions, in all identified foreign jurisdictions, and various others. The statute of limitations remains open from 2012 for the US federal jurisdiction and from 2008 for certain other foreign jurisdictions. During 2014, the U.S. Internal Revenue Service concluded its examination of the Company's 2009, 2010, and 2011 tax years. As a result of statutes of limitations that will begin to expire within the next 12 months in various jurisdictions and possible settlement of audit-related issues with taxing authorities in various jurisdictions with respect to which none of these issues are individually significant, the Company believes that it is reasonably possible that the total amount of its unrecognized income tax liability will decrease between $1.5 million and $2.5 million in the next 12 months.
The Company classifies interest and penalties associated with uncertain tax positions as a component of income tax expense and recognized interest and penalties of $8.7 million, $9.2 million, and $6.9 million at December 31, 2016, 2015, and 2014, respectively.