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INCOME TAXES
12 Months Ended
Jun. 30, 2014
INCOME TAXES  
INCOME TAXES

6. 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, 2014 and 2013 are as follows (in thousands):

 

 

 

2014

 

2013

 

Current deferred tax assets:

 

 

 

 

 

Other current deferred tax assets

 

$

 

$

162

 

Total current temporary differences

 

 

162

 

Less: valuation allowance

 

 

(162

)

Net current deferred tax assets

 

$

 

$

 

 

 

 

 

 

 

Non-current deferred tax assets

 

 

 

 

 

Stock compensation

 

$

2,276

 

$

2,314

 

Property and Equipment

 

55

 

 

Oil and gas properties

 

16,277

 

20,244

 

Capital loss

 

167

 

143

 

Total non-current deferred tax assets

 

$

18,775

 

$

22,701

 

Non-current deferred tax liabilities

 

 

 

 

 

Property and Equipment

 

 

(21

)

Net operating losses

 

31,943

 

28,006

 

 

 

50,718

 

50,686

 

Less: valuation allowance

 

(50,718

)

(50,686

)

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 $103.8 million at June 30, 2014.  The U.S. net operating losses contain 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 2034.

 

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, 2014, 2013 and 2012 is as follows (in thousands):

 

 

 

2014

 

2013

 

2012

 

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

 

$

(5,991

)

$

(6,461

)

$

(52,256

)

Increase (decrease) resulting from nondeductible stock compensation

 

120

 

349

 

1,454

)

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

 

 

(68

)

854

 

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

 

 

Foreign Rate Differential

 

5,619

 

1,268

 

 

Other, net

 

220

 

(1,052

)

1,403

 

Change in valuation allowance

 

32

 

(20,346

)

48,545

 

Net income tax expense

 

$

 

$

 

$

 

 

The following table summarizes the activity related to our gross unrecognized tax benefits from July 1, 2011 to June 30, 2014 (in thousands):

 

 

 

Federal, State and
Foreign Tax

 

 

 

(In thousands)

 

Balance at July 1, 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

 

Additions to tax positions related to the current year

 

 

Additions to tax positions related to prior years

 

 

Statute expirations

 

 

Balance at June 30, 2014

 

$

5,485

 

 

The total unrecognized tax benefits that, if recognized, would affect our effective tax rate was $5,485 for the years ended June 30, 2014 and June 30, 2013 and $0 for the year ended June 30, 2012.

 

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.