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Commitments And Contingencies
3 Months Ended
Mar. 31, 2016
Commitments And Contingencies [Abstract]  
Commitments And Contingencies



8.COMMITMENTS AND CONTINGENCIES



Litigation

Casinos Poland

In March 2011, the Polish Internal Revenue Service (“Polish IRS”) began conducting a series of tax audits of CPL to review the calculation and payment of personal income tax by CPL employees. Based on the March 2011 audit, the Polish IRS concluded that CPL should calculate, collect and remit to the Polish IRS personal income tax on tips received by CPL employees from casino customers.  The Polish IRS has conducted tax audits for the periods from December 1, 2007 to December 31, 2008, January 1, 2009 to December 31, 2009 and January 1, 2011 to January 31, 2011.



On March 9, 2016, CPL received an oral decision from the Supreme Administrative Court for the tax periods of December 1, 2007 to December 31, 2008 and January 1, 2011 to January 31, 2011. The court found in favor of the Polish IRS. CPL expects to receive the written decision from the court in the second quarter of 2016. As previously disclosed, CPL paid the Polish IRS a total of PLN 3.6  ($1.2 million) for the taxes and interest owed in connection with these tax audits in December 2012 and December 2013.



For the tax period from January 1, 2009 to December 31, 2009, after further proceedings and appeals between CPL and the Polish IRS, the Voivodship Administrative Court found in favor of CPL in October 2015 on procedural grounds that the prior tax proceedings were not conducted by the appropriate taxing authority. However, the court also found that CPL’s tax records for 2009 remain open for audit by a different tax authority. CPL appealed this decision to the Supreme Administrative Court in December 2015 and expects a decision in 2018. CPL paid PLN 2.8 million ($0.9 million) to the Polish IRS in December 2014 for taxes and interest owed in connection with this tax audit.  



The statute of limitations for the Polish IRS to begin a tax audit is five years. The statute of limitations for the period from January 1, 2010 to November 30, 2010 ended on December 31, 2015 without a tax audit and as a result the Company adjusted the liability to remove the estimated taxes accrued for the 2010 tax year. The adjustment reduced the contingent liability by PLN 3.4 million ($0.9 million) in December 2015. The adjustment was recorded as gain on foreign currency transactions and other on the Company’s consolidated statement of earnings (loss) during the fourth quarter of the year ended December 31, 2015.

The balance of the potential liability on the Company’s condensed consolidated balance sheet for all open periods as of March 31, 2016 is estimated at PLN 8.6 million ($2.3 million based on the exchange rate in effect on March 31, 2016). Management is continuing to assess the impact of the outcome of the decisions relating to the Polish IRS tax audits for December 1, 2007 to December 31, 2008 and January 1, 2011 to January 31, 2011 as it relates to future tax years that have not been audited. The impact may be material to the Company’s consolidated financial statements.



The Company has evaluated the contingent liability recorded on its condensed consolidated balance sheet as of March 31, 2016 and has concluded that it is properly accrued in light of the Company’s estimated obligation related to personal income tax on tips as of March 31, 2016.  The decision rendered by the Supreme Administrative Court in March 2016 and other proceedings by the Polish IRS may expose the Company to additional employment tax obligations in the future.  Any additional tax obligations are not probable or estimable and the Company has not recorded any additional obligation related to such taxes as of March 31, 2016.  Additional tax obligations assessed in the future as a result of these matters, if any, may be material to the Company’s financial position, results of operations and cash flows.  Management is currently evaluating the impact these matters may have on the Company’s payroll costs and related withholdings in Poland for future periods.   Any changes to the Company’s payroll and withholding processes will be evaluated and implemented if required after a final written decision is rendered by the Supreme Administrative Court and thereafter as management deems necessary.