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INCOME TAXES
12 Months Ended
Jun. 30, 2013
INCOME TAXES  
INCOME TAXES

8. INCOME TAXES

        Federal Income taxes are not currently due since Hyperdynamics has had losses since inception. Components of deferred tax assets as of June 30, 2013 and 2012 are as follows (in thousands):

 
  2013   2012  

Current deferred tax assets:

             

Other current deferred tax assets

  $ 162   $ 60  
           

Total current temporary differences

    162     60  

Less: valuation allowance

    (162 )   (60 )
           

Net current deferred tax assets

  $   $  
           

Non-current deferred tax assets

             

Stock compensation

  $ 2,314   $ 1,999  

Property and Equipment

        28  

Oil and gas properties

    20,244     46,194  

Capital loss

    143      
           

Total non-current deferred tax assets

  $ 22,701   $ 48,221  
           

Non-current deferred tax liabilities

             

Property and Equipment

    (21 )    
           

Net operating losses

    28,006     22,751  
           

 

    50,686     70,972  

Less: valuation allowance

    (50,686 )   (70,972 )
           

Net non-current deferred tax assets (liabilities)

  $   $  
           

        Deferred tax assets have been fully reserved due to determination that it is more likely than not that the Company will not be able to realize the benefit from them.

        Hyperdynamics has U.S. net operating loss carryforwards of approximately $92.9 million at June 30, 2013. The U.S. net operating losses contains excess tax benefits related to stock compensation in the amount of $2.2 million which have not been included in the financial statements.

        Internal Revenue Code Section 382 restricts the ability to use these carryforwards whenever an ownership change, as defined, occurs. Hyperdynamics incurred such an ownership change on January 14, 1998 and again on June 30, 2001. As a result of the first ownership change, Hyperdynamics' use of net operating losses as of January 14, 1998, of $949,000, is restricted to $151,000 per year. The availability of losses from that date through June 30, 2001 of $3,313,000 is restricted to $784,000 per year.

        The Company underwent a restructuring during fiscal 2012 that removed approximately $13.2 million of net operating losses from the U.S. consolidated tax return. It is unlikely that the entity where these net operating losses reside will ever generate U.S. taxable income sufficient to utilize any of these losses. Due to the existence of the valuation allowance, it is not expected that any possible limitation will have an impact on the results of operations or financial position of the Company. The U.S. net operating loss carryforwards expire from 2019 to 2033.

        The difference between the statutory tax rates and our effective tax rate is primarily due to the valuation allowance applied against our deferred tax assets generated by net operating losses. A reconciliation of the actual taxes to the U.S. statutory tax rate for the years ended June 30, 2013, 2012 and 2011 is as follows (in thousands):

 
  2013   2012   2011  

Income tax (benefit) at the statutory federal rate (35%)

  $ (6,461 ) $ (52,256 ) $ (3,933 )

Increase (decrease) resulting from nondeductible stock compensation

    349     1,454     (515 )

Reduction of net operating losses related to excess tax benefits from non-qualifying stock options

    (68 )   854      

Increase (decrease) resulting from nontaxable gain on derivative liability

            270  

Deemed taxable income not recognized for book purposes from Tullow carried well costs

    12,950          

Non-deductible capital loss

    7,875          

Reserve against US net operating loss upon transfer of the Concession to non-US tax jurisdiction

    5,485              

Other, net

    216     1,403     14  

Change in valuation allowance

    (20,346 )   48,545     4,164  
               

Net income tax expense

  $   $   $  
               

        The following table summarizes the activity related to our gross unrecognized tax benefits from July 1, 2010 to June 30, 2013 (in thousands):

 
  Federal, State and
Foreign Tax
 
 
  (In thousands)
 

Balance at July 1, 2010

  $ 5,485  

Additions to tax positions related to the current year

     

Additions to tax positions related to prior years

     

Statute expirations

     
       

Balance at June 30, 2011

  $ 5,485  
       

Additions to tax positions related to the current year

     

Additions to tax positions related to prior years

     

Statute expirations

     
       

Balance at June 30, 2012

  $ 5,485  
       

Additions to tax positions related to the current year

     

Additions to tax positions related to prior years

     

Statute expirations

     
       

Balance at June 30, 2013

  $ 5,485  
       

        The total unrecognized tax benefits that, if recognized, would affect our effective tax rate was $5,485 for the year ended June 30, 2013 and $0 for the years ended June 30, 2012, and June 30, 2011.

        Our policy is to include potential accrued interest and penalties related to unrecognized tax benefits within our income tax provision account. We have no accruals for the payment of interest, net of tax benefits, or penalties as of June 30, 2013, 2012, and 2011, respectively.

        We file income tax returns, including tax returns for our subsidiaries, with federal, state, local, and foreign jurisdictions. Our tax returns are subject to routine compliance review by the taxing authorities in the jurisdictions in which we file tax returns in the ordinary course of business. We consider the United States to be our most significant tax jurisdiction; however, the taxing authorities in Guinea may audit various tax returns. We currently have no ongoing federal or state audits. The normal statute of limitations for tax returns being available for IRS audit is three years from the filing date of the return. However, net operating losses are subject to adjustment upon utilization of the loss to offset taxable income regardless of when the net operating loss was generated. Therefore, all of our historic losses are subject to adjustment until they are utilized or expire. We do not believe there will be any decreases to our unrecognized tax benefits within the next twelve months.