Note 6 - Income and Mining Taxes

12 Months Ended

Dec. 31, 2022

Income Tax Disclosure [Abstract]

Income and Mining Taxes

Note 6: Income and Mining Taxes

Major components of our income and mining tax benefit (provision) for the years ended December 31, 2022, 2021 and 2020 are as follows (in thousands):

	2022			2021			2020
Current:
Domestic	$	(3,915	)	$	(7,073	)	$	(7,246	)
Foreign		(5,119	)		(6,316	)		(8,745	)
Total current income and mining tax provision		(9,034	)		(13,389	)		(15,991	)
Deferred:
Domestic		2,064			43,708			5,096
Foreign		14,536			(750	)		2,696
Total deferred income and mining tax benefit		16,600			42,958			7,792
Total income and mining tax benefit (provision)	$	7,566		$	29,569		$	(8,199	)

Domestic and foreign components of income (loss) before income and mining taxes for the years ended December 31, 2022, 2021 and 2020 are as follows (in thousands):

	2022			2021			2020
Domestic	$	(6,343	)	$	38,003		$	(1,400	)
Foreign		(38,571	)		(32,477	)		142
Total	$	(44,914	)	$	5,526		$	(1,258	)

The annual tax benefit (provision) is different from the amount that would be provided by applying the statutory federal income tax rate to our pretax income (loss). The reasons for the difference are (in thousands):

	2022					2021					2020
Computed “statutory” benefit (provision)	$	9,432		21	%	$	(1,161	)	21	%	$	264		21	%
Percentage depletion		8,542		19			8,076		(146	)		5,327		423
Change in valuation allowance		(8,113	)	(18	)		38,058		(689	)		786		62
State taxes, net of federal tax benefit		(158	)	—			965		(17	)		(1,164	)	(93	)
Foreign currency remeasurement of monetary assets and liabilities		4,559		10			(3,625	)	66			(4,824	)	(383	)
Rate differential on foreign earnings		1,515		3			2,445		(44	)		2,362		188
Compensation		173		—			1,094		(20	)		(458	)	(36	)
Mining and other taxes		(6,609	)	(15	)		(13,799	)	250			(9,245	)	(735	)
Other		(1,775	)	(3	)		(2,484	)	45			(1,247	)	(99	)
Total benefit (provision)	$	7,566		17	%	$	29,569		(535	)%	$	(8,199	)	(652	)%

At December 31, 2022 and 2021, the net deferred tax liability was approximately $104.7 million and $104.1 million, respectively. The individual components of our net deferred tax assets and liabilities are reflected in the table below (in thousands).

	December 31,
	2022			2021
Deferred tax assets:
Accrued reclamation costs	$	33,007		$	31,558
Deferred exploration		22,584			17,959
Foreign net operating losses		71,391			18,152
Domestic net operating losses		211,381			213,637
Foreign exchange loss		24,235			19,542
Foreign tax credit carryforward		2,493			2,493
Miscellaneous		39,628			31,329
Total deferred tax assets		404,719			334,670
Valuation allowance		(72,856	)		(39,152	)
Total deferred tax assets		331,863			295,518
Deferred tax liabilities:
Miscellaneous		(9,020	)		(2,751	)
Properties, plants and equipment		(427,584	)		(396,911	)
Total deferred tax liabilities		(436,604	)		(399,662	)
Net deferred tax liability	$	(104,741	)	$	(104,144	)

As part of the Klondex Mines Ltd. ("Klondex") acquisition in July 2018, we acquired a U.S. consolidated tax group (the “Nevada U.S. Group”) that did not join the existing consolidated U.S. tax group of Hecla Mining Company and subsidiaries (“Hecla U.S. Group”).

We evaluated the positive and negative evidence available to determine the amount of valuation allowance required on our deferred tax assets. At December 31, 2022, the balance of our valuation allowances was approximately $72.9 million compared to $39.2 million at December 31, 2021. We retained a balance of valuation allowance on Hecla US operations at December 31, 2022 of $5.1 million for state loss carryforwards and foreign tax credits. In the Nevada U.S. Group, the scheduling of reversing deferred tax assets and liabilities determined that existing tax loss carryforwards subject to the limitation of eighty percent reduction of taxable income may be limited in the future. A valuation allowance is recorded for $28.9 million. Due to cessation of operations in Mexico at the end of 2020, we are uncertain when a source of taxable income will be available in that jurisdiction. Therefore, a valuation allowance of $10.1 million was retained on deferred tax assets in Mexico. We acquired Alexco in September 2022 and recorded a valuation allowance of $25.6 million against deferred tax assets as part of the acquisition. As of December 31, 2022, a $28.8 million valuation allowance is recorded for Canadian jurisdictions, primarily related to the Alexco acquisition in 2022. The changes in the valuation allowance for the years ended December 31, 2022, 2021 and 2020, are as follows (in thousands):

	2022			2021			2020
Balance at beginning of year	$	(39,152	)	$	(77,210	)	$	(86,634	)
Valuation allowance on deferred tax assets acquired with the Alexco acquisition		(25,591	)		—			—
(Increase) decrease related to non-recognition of deferred tax assets due to uncertainty of recovery and (increase) related to non-utilization of net operating loss carryforwards		(13,256	)		(20,304	)		786
Decrease related to either or a combination of (i) utilization, (ii) release due to future benefit, and (iii) expiration of deferred tax assets as applicable		5,143			58,362			8,638
Balance at end of year	$	(72,856	)	$	(39,152	)	$	(77,210	)

As of December 31, 2022, for U.S. income tax purposes, we have federal and state net operating loss carryforwards of $873.5 million and $437.6 million, respectively. U.S. net operating loss carryforwards for periods arising before January 1, 2018 have a 20-year expiration period, the earliest of which could expire in 2028. U.S. net operating loss carryforwards of $372.8 million arising in 2018 and future periods have an indefinite carryforward period. We have foreign and provincial net operating loss carryforwards of approximately $262.5 million each, which expire between 2031 and 2042. Our utilization of U.S. net operating loss carryforwards may be subject to annual limitations if there is a change in control as defined under Internal Revenue Code Section 382. As of December 31, 2022, no change in control has occurred in the Hecla U.S. group. Net operating losses acquired with the Nevada U.S. Group are subject to limitation under Internal Revenue Code Section 382. However, the annual limitation is not expected to have a material impact on our ability to utilize the losses.

We have Internal Revenue Code Section 163(j) interest expense limitation carryforwards of $2.4 million in Hecla US as of December 31, 2022. The carryforward results in a future tax benefit of $0.5 million and has an indefinite carryforward period. In the Nevada U.S. Group we have 163(j) interest expense limitation carryforwards of $13.7 million as of December 31, 2022. The carryforward results in a future tax benefit of $2.9 million and has an indefinite carryforward period.

As of December 31, 2022, we have foreign tax credit carryforwards of $2.5 million. The carryforward period for foreign tax credits is 10 years. Our foreign tax credits will expire between 2023 and 2026.

We file income tax returns in the U.S. federal jurisdiction, and various state and foreign jurisdictions. We are no longer subject to income tax examinations by U.S. federal and state tax authorities for years prior to 2005, or examinations by foreign tax authorities for years prior to 2016. We are currently under examination in certain local tax jurisdictions. However, we do not anticipate any material adjustments.

We had no unrecognized tax benefits as of December 31, 2022 or 2021. Due to the net operating loss carryover provision, coupled with the lack of any unrecognized tax benefits, we have not provided for any interest or penalties associated with any unrecognized tax benefits. If interest and penalties were to be assessed, our policy is to charge interest to interest expense, and penalties to other operating expense. It is not anticipated that there will be any significant changes to unrecognized tax benefits within the next 12 months.