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Note 6 - Income Taxes
12 Months Ended
Dec. 31, 2018
Notes to Financial Statements  
Income Tax Disclosure [Text Block]
Note
6:
Income Taxes
 
Major components of our income tax benefit (provision) for the years ended
December 
31,
2018,
2017
and
2016
are as follows (in thousands):
 
   
2018
   
2017
   
2016
 
           
Revised
   
Revised
 
Current:
                       
Domestic
  $
(454
)
  $
22,171
    $
(10,702
)
Foreign
   
(4,382
)
   
(22,526
)
   
(13,713
)
Total current income tax benefit (provision)
   
(4,836
)
   
(355
)
   
(24,415
)
Deferred:
                       
Domestic
   
7,147
     
(30,766
)
   
7,480
 
Foreign
   
4,390
     
10,158
     
(11,155
)
Total deferred income tax benefit (provision)
   
11,537
     
(20,608
)
   
(3,675
)
Total income tax benefit (provision)
  $
6,701
    $
(20,963
)
  $
(28,090
)
 
Domestic and foreign components of (loss) income before income taxes for the years ended
December 
31,
2018,
2017
and
2016
are as follows (in thousands):
 
   
2018
   
2017
   
2016
 
           
Revised
   
Revised
 
Domestic
  $
(44,513
)
  $
(7,920
)
  $
41,014
 
Foreign
   
11,249
     
363
     
48,645
 
Total
  $
(33,264
)
  $
(7,557
)
  $
89,659
 
 
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 (loss) income. The reasons for the difference are (in thousands):
 
   
2018
   
2017
   
2016
 
                   
Revised
   
Revised
 
Computed “statutory” benefit (provision)
  $
6,986
     
(21
)%
  $
2,645
     
35
%
  $
(31,381
)
   
35
%
Percentage depletion
   
3,158
     
(10
)
   
5,174
     
68
     
8,114
     
(9
)
Change in valuation allowance
   
(2,304
)
   
7
     
24,464
     
324
     
11,336
     
(13
)
Federal rate change
   
     
     
(37,546
)
   
(497
)
   
     
 
State taxes, net of federal taxes
   
(849
)
   
3
     
1,112
     
15
     
(565
)
   
 
Foreign currency remeasurement of monetary assets and liabilities
   
6,747
     
(20
)
   
(12,812
)
   
(169
)
   
(7,820
)
   
9
 
Rate differential on foreign earnings
   
(3,970
)
   
12
     
(1,438
)
   
(19
)
   
(6,853
)
   
8
 
Compensation
   
(970
)
   
3
     
(661
)
   
(9
)
   
(1,517
)
   
2
 
Foreign withholding taxes
   
278
     
(1
)
   
(278
)
   
(4
)
   
     
 
Expiration of U.S. foreign tax credits
   
     
     
(2,300
)
   
(30
)
   
     
 
Other
   
(2,375
)
   
7
     
677
     
9
     
596
     
(1
)
Total benefit (provision)
  $
6,701
     
(20
)%
  $
(20,963
)
   
(277
)%
  $
(28,090
)
   
31
%
 
On
January 1, 2017
we adopted ASU
No.
2015
-
17
Income Taxes - Balance Sheet Classification of Deferred Taxes (Topic
740
). Accordingly, all deferred income tax assets and liabilities are classified as non-current in the consolidated balance sheet. Upon adoption, we classified, as non-current, previously reported current deferred tax assets of
$12.3
million and current deferred tax liabilities of
$1.3
million.
 
At
December 
31,
2018
and
2017,
the net deferred tax liability was approximately
$172
million and
$123
million, respectively. The individual components of our net deferred tax assets and liabilities are reflected in the table below (in thousands).
 
   
December 31,
 
   
2018
   
2017
 
           
Revised
 
Deferred tax assets:
               
Accrued reclamation costs
  $
29,064
    $
21,812
 
Deferred exploration
   
16,500
     
17,426
 
Foreign net operating losses
   
13,231
     
1,003
 
Domestic net operating losses
   
152,320
     
130,186
 
AMT credit carryforwards
   
     
584
 
Pension and benefit obligation
   
12,345
     
12,584
 
Foreign exchange loss
   
24,849
     
18,112
 
Foreign tax credit carryforward
   
4,149
     
4,983
 
Miscellaneous
   
26,290
     
25,411
 
Total deferred tax assets
   
278,748
     
232,101
 
Valuation allowance
   
(94,981
)
   
(78,684
)
Total deferred tax assets
   
183,767
     
153,417
 
Deferred tax liabilities:
               
Miscellaneous
   
(5,234
)
   
(4,978
)
Properties, plants and equipment
   
(350,083
)
   
(271,282
)
Total deferred tax liabilities
   
(355,317
)
   
(276,260
)
Net deferred tax liability
  $
(171,550
)
  $
(122,843
)
 
For the year
2017,
we recorded a liability of
$0.3
million related to withholding taxes on unremitted earnings at Minera Hecla S.A. de C.V., our wholly-owned subsidiary which owns our San Sebastian mine and other interests in Durango, Mexico. Due to the changes to tax laws under the TCJ Act, we are
no
longer required to accrue taxes on remitted earnings and the liability was reversed. For the year
2016,
we had
no
unremitted foreign earnings. Foreign net operating losses carried forward are shown above as a deferred tax asset, with a valuation allowance as discussed below.
 
As discussed in
Note
16
, we acquired Klondex Mines Ltd. ("Klondex") in
July 2018.
With the acquisition of Klondex, we acquired a U.S. consolidated tax group (the "Klondex U.S. Group") that did
not
join the existing consolidated U.S. tax group of Hecla Mining Company and subsidiaries (“Hecla U.S.”). Under acquisition accounting, we recorded a net deferred tax liability of
$69.4
million. In
2018,
we recorded a tax benefit of
$6.3
million on a net tax loss of
$30.0
million in the Klondex U.S. Group. Net operating losses acquired as of the acquisition date 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 benefit of these losses.
 
We evaluated the positive and negative evidence available to determine the amount of valuation allowance required on our deferred tax assets.  At
December 
31,
2018
and
2017,
the balances of our valuation allowances were approximately
$95
million and
$79
million, respectively, primarily related to net operating losses. Due to the changes to tax laws under the TCJ Act, at
December 31, 2017
we determined it is more likely than
not
that we will
not
realize our net deferred tax assets in our Hecla U.S. consolidated group. Accordingly, we applied a valuation allowance which remains in place on those net deferred tax assets at
December 
31,
2018.
A portion of the valuation allowance relating to exploration and other deferred tax assets in Mexico was released in
2017
as we determined that it was more likely than
not
that the benefit would be realized as a result of operating activities at San Sebastian. As of
December 
31,
2018,
a
$92.0
million valuation allowance remains in U.S. jurisdictions,
$1.3
million in Hecla Canada Ltd. and
$1.7
million in Minera Hecla S.A. de C.V. There is
no
valuation allowance at Hecla Quebec, Inc. The changes in the valuation allowance for the years ended
December 
31,
2018,
2017
and
2016,
are as follows (in thousands):
 
   
2018
   
2017
   
2016
 
Balance at beginning of year
  $
(78,684
)
  $
(99,602
)
  $
(115,806
)
Valuation allowance on deferred tax assets acquired with the Klondex acquisition
   
(11,470
)
   
     
 
Increase related to non-utilization of net operating loss carryforwards and non-recognition of deferred tax assets due to uncertainty of recovery
   
(5,700
)
   
(14,964
)
   
(2,868
)
Decrease related to utilization and expiration of deferred tax assets, other
   
873
     
35,882
     
19,072
 
Balance at end of year
  $
(94,981
)
  $
(78,684
)
  $
(99,602
)
 
As of
December 
31,
2018,
for U.S. income tax purposes, we have federal and state net operating loss carryforwards of
$605.9
million and
$383.3million,
respectively.  U.S. net operating loss carryforwards for periods arising before
December 
31,
2017
 have a
20
-year expiration period, the earliest of which could expire in
2020.
U.S. net operating loss carryforwards arising in
2018
and future periods have an indefinite carryforward period. We have foreign and provincial net operating loss carryforwards of approximately
$50.0
million each, which expire between
2028
and
2038.
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, 2018,
no
change in control has occurred in the Hecla U.S. group.
 
In
2017,
we adopted ASU
2016
-
09
Stock Compensation: Improvements to Employee Share-Based Payment Accounting. As a result, the deferred tax asset related to our NOL increased by
$5
million due to the inclusion of additional NOLs related to excess tax benefits. The increase in the deferred tax asset was fully offset by a valuation allowance, resulting in
no
change to our recognized net deferred tax assets.
 
We file income tax returns in the U.S. federal jurisdiction, 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
2000,
or examinations by foreign tax authorities for years prior to
2012.
  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,
2018
or
2017.
  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 uncertain tax positions.  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.
 
On
December 22, 2017,
the United States enacted the TCJ Act resulting in significant modifications to existing law. We completed the accounting for the effects of the Act during the quarter ended
December 31, 2017.
Our financial statements for the year ended
December 31, 2017,
reflect certain effects of the TCJ Act which include a reduction in the corporate tax rate from
35%
to
21%
as well as other changes. As a result of the changes to tax laws and tax rates under the TCJ Act, we incurred incremental income tax expense of
$30
million during the year ended
December 31, 2017,
which consisted primarily of the remeasurement of deferred tax assets and liabilities from
35%
to
21%
and application of a full valuation allowance. We have
not
accrued a
one
-time transition tax on unrepatriated foreign earnings due to an estimated net deficit in foreign earnings from all foreign jurisdictions.