Income and Mining Taxes

12 Months Ended

Dec. 31, 2022

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	2022		2021		2020
United States	$	(107,477)	$	(34,196)	$	40,890
Foreign	44,028		37,832		21,782
Total	$	(63,449)	$	3,636	$	62,672

The components of the consolidated Income and mining tax (expense) benefit from continuing operations are below:

	Year Ended December 31,
In thousands	2022		2021		2020
Current:
United States	$	(21)	$	25	$	226
United States — State mining taxes	(2,936)		(5,691)		(8,384)
United States — Foreign withholding tax	(300)		(862)		(800)
Canada	(305)		—		232
Mexico	(29,546)		(31,175)		(36,066)
Other	—		—		33
Deferred:
United States	215		(651)		(49)
United States — State mining taxes	5,558		1,037		(354)
Canada	254		1,224		—
Mexico	12,423		1,135		8,117
Other	—		—		—
Income tax (expense) benefit	$	(14,658)	$	(34,958)	$	(37,045)

The Company’s Income and mining tax benefit (expense) differed from the amounts computed by applying the United States statutory corporate income tax rate for the following reasons:

	Year Ended December 31,
In thousands	2022		2021		2020
Income and mining tax (expense) benefit at statutory rate	$	13,249	$	(764)	$	(13,161)
State tax provision from continuing operations	2,871		2,009		(152)
Change in valuation allowance	(36,670)		(28,615)		(17,522)
Percentage depletion	3,538		4,968		5,056
Uncertain tax positions	655		920		2,321
U.S. and foreign permanent differences	365		4,105		3,844
Foreign exchange rates	(145)		(384)		1,390
Foreign inflation and indexing	2,897		(1,087)		684
Foreign tax rate differences	(4,994)		(4,901)		(3,971)
Mining, foreign withholding, and other taxes	(11,070)		(12,599)		(17,457)
Sale of non-core assets	15,447		—		—
Other, net	(801)		1,390		1,923
Income and mining tax (expense) benefit	$	(14,658)	$	(34,958)	$	(37,045)

At December 31, 2022 and 2021, the significant components of the Company’s deferred tax assets and liabilities are below:

	Year Ended December 31,
In thousands	2022		2021
Deferred tax liabilities:
Royalty and other long-term debt	—		1,495
	$	—	$	1,495
Deferred tax assets:
Net operating loss carryforwards	$	282,776	$	267,944
Mineral properties	31,095		6,525
Property, plant, and equipment	12,562		13,161
Mining royalty tax	7,440		8,147
Capital loss carryforwards	1,784		15,404
Asset retirement obligation	44,413		39,262
Unrealized foreign currency loss and other	—		1,013
Accrued expenses	30,379		20,589
Tax credit carryforwards	16,167		26,594
Other long-term assets	3,914		—
	430,530		398,639
Valuation allowance	(444,989)		(430,053)
	(14,459)		(31,414)
Net deferred tax liabilities	$	14,459	$	32,909

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. Based upon this analysis, the Company has recorded valuation allowances as follows:

	Year Ended December 31,
In thousands	2022		2021
U.S.	$	245,899	$	228,942
Canada	178,310		165,561
Mexico	441		13,277
New Zealand	19,993		21,822
Other	346		451
	$	444,989	$	430,053

The Company has the following tax attribute carryforwards at December 31, 2022, by jurisdiction:

In thousands	U.S.		Canada		Mexico		New Zealand		Other		Total
Regular net operating losses	$	535,016	$	442,941	$	1,046	$	71,117	$	977	$	1,051,097
Expiration years	2024-2037, Indefinite		2028-2042		2029-2033		Indefinite		2025-2027
Capital losses	—		—		—		—		—		—
Foreign tax credits	10,864		—		—		—		—		10,864

As of December 31, 2022, for U.S. income tax purposes, the Company has federal and state net operating loss carryforwards of $535.0 million and $425.2 million, respectively. U.S. net operating loss carryforwards of $320.1 million arising before December 31, 2017 have a 20-year expiration period, the earliest of which could expire in 2024. U.S. net operating loss carryforwards of $214.9 million arising in 2018 and future periods have an indefinite carryforward period. Foreign tax credits expire if unused beginning in 2023.

The utilization of U.S. net operating loss carryforwards, tax credit carryforwards, and recognized built-in losses may be subject to limitation under the rules regarding a change in stock ownership as determined by the Internal Revenue Code and state tax laws. Section 382 of the Internal Revenue Code of 1986, as amended, imposes annual limitations on the utilization of net operating loss carryforwards, tax credit carryforwards, and certain built-in losses upon an ownership change as defined under that Section. Generally, an ownership change may result from transactions that increase the aggregate ownership of certain shareholders in the Company’s stock by more than 50 percentage points over a three-year testing period. If the Company experiences an ownership change, an annual limitation would be imposed on certain of the Company’s tax attributes, including net operating losses and certain other losses, credits, deductions or tax basis. Management has determined that the Company experienced ownership changes during 2002, 2003, 2007, and 2015 for purposes of Section 382. Based on management’s calculations, the Company does not expect any of its U.S. tax attributes to expire unused as a result of the Section 382 annual limitations. However, the annual limitations may impact the timeframe over which the net operating loss carryforwards can be used, potentially impacting cash tax liabilities in a future period. The U.S. federal tax credits and state net operating losses may potentially be limited as well. We continue to maintain a full valuation allowance on our US net deferred tax assets since it is more likely than not that the related tax benefits will not be realized.

The Company may also experience ownership changes in the future as a result of subsequent shifts in our stock ownership. As a result, if the Company earns U.S. federal taxable income, it may be limited in the ability to (1) recognize current deductions on built-in loss assets and (2) offset this income with our pre-change net operating loss carryforwards and other tax credit carryforwards, which may be subject to limitations, potentially resulting in increased future tax liability to us. Under the Tax Cuts and Jobs Act of 2017 (“TCJA”), federal net operating losses incurred in 2018 and in future years may be carried forward indefinitely, but the deductibility of such federal net operating losses is limited to 80% of future taxable income. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act suspended the 80% limitation on losses incurred in 2018 and in future years, for tax years beginning before January 1, 2021. The Company does not expect this to impact its net operating loss usage.

The Company intends to indefinitely reinvest earnings from Mexican operations.

A reconciliation of the beginning and ending amount related to unrecognized tax benefits is below (in thousands):

Unrecognized tax benefits at December 31, 2020	$	723
Gross increase to current period tax positions	—
Gross increase to prior period tax positions
Reductions in unrecognized tax benefits resulting from a lapse of the applicable statute of limitations	(428)
Unrecognized tax benefits at December 31, 2021	$	295
Gross increase to current period tax positions	—
Gross increase to prior period tax positions	24
Reductions in unrecognized tax benefits resulting from a lapse of the applicable statute of limitations	(315)
Unrecognized tax benefits at December 31, 2022	$	4

At December 31, 2022, 2021, and 2020, $4 thousand, $0.3 million, and $0.7 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 2019 for the US federal jurisdiction and from 2016 for certain other foreign jurisdictions. 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 less than $0.1 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 nil, $0.4 million, and $1.1 million at December 31, 2022, 2021, and 2020, respectively.