Annual report pursuant to Section 13 and 15(d)

Income Taxes

v2.4.0.8
Income Taxes
12 Months Ended
Dec. 31, 2013
Income Taxes

5.

INCOME TAXES

The Company and its domestic subsidiaries file a consolidated United States income tax return. Certain subsidiaries’ operations are also subject to foreign income taxes.

Provision for income taxes consists of the following:

 

(in thousands)

Year Ended December 31,

 

 

2013

 

  

2012

 

  

2011

 

U.S. Federal:

 

 

 

  

 

 

 

  

 

 

 

Current

$

-

  

  

$

-

  

  

$

-

  

Deferred

 

-

  

  

 

-

  

  

 

-

  

Foreign:

 

 

 

  

 

 

 

  

 

 

 

Current

 

34,115

  

  

 

81,813

  

  

 

93,468

  

Deferred

 

-

  

  

 

-

  

  

 

-

  

Total

$

34,115

  

  

$

81,813

  

  

$

93,468

  

The primary differences between the financial statement and tax bases of assets and liabilities at December 31, 2013 and 2012 are as follows: (In thousands)

 

 

2013

 

 

2012

 

Deferred Tax Assets:

 

 

 

 

 

 

 

Basis difference in fixed assets

$

31,440

  

 

$

30,619

  

Foreign tax credit carry forward

 

55,908

  

 

 

23,836

  

Alternative minimum tax credit carryover

 

1,349

  

 

 

1,349

  

Foreign net operating losses

 

42,688

  

 

 

38,782

  

Asset retirement obligations

 

4,012

  

 

 

3,629

  

Other

 

3,300

  

 

 

2,731

  

 

$

138,697

  

 

$

100,946

  

Valuation allowance

 

(137,348

 

 

(99,597

Total deferred tax asset

$

1,349

  

 

$

1,349

  

 

The Company’s unused foreign tax credits will start to expire between the years 2017 and 2023. The alternative minimum tax credits do not expire, and foreign net operating losses (“NOL”) are not subject to expiry dates. The NOL for the Company’s UK subsidiary can be carried forward indefinitely, while the NOLs for the Company’s Gabon and Angola subsidiaries are included in the respective subsidiaries’ cost oil accounts, which will be offset against future taxable revenues.  Management assesses the available positive and negative evidence to estimate if existing deferred tax assets will be utilized.  The Company does not anticipate utilization of the foreign tax credits prior to expiration nor does the Company expect to generate sufficient taxable income to utilize other deferred tax assets.  On the basis of this evaluation, a valuation allowance of $137.3 million and $99.6 million has been recorded as of December 31, 2013 and 2012, respectively, to reduce the deferred tax asset to the amount that is more likely than not to be realized. 

 

Under U.S. tax law, certain foreign taxes paid under arrangements such as the Company’s Production Sharing Contracts (“PSCs”) may not be eligible to be claimed as foreign tax credits and are instead treated as deductible royalties.  During the year, the Company engaged outside advisors to analyze the facts and circumstances surrounding the creditability of the foreign taxes paid to the Republic of Gabon pursuant to its PSC. Based on the advice provided by these outside advisors, the Company has revised its estimate of foreign tax credit carryovers to reflect an increase of $28.0 million. The increase in deferred tax asset for foreign tax credits was fully offset by an increase in the valuation allowance.

Pretax income (loss) is comprised of the following:

 

(in thousands)

Year Ended December 31,

 

 

2013

 

 

2012

 

 

2011

 

United States

$

(17,649

 

$

(56,979

 

$

(16,282

Foreign

 

94,836

  

 

 

144,131

  

 

 

150,312

  

 

$

77,187

  

 

$

87,152

  

 

$

134,030

  

The statutory rate reconciliation is as follows:

 

(In Thousands)

Year Ended December 31,

 

 

2013

 

 

2012

 

 

2011

 

Tax Provision Computed at Statutory Rate

 

27,015

 

 

$

30,503

 

 

$

46,911

 

Foreign taxes not offset in U.S. by foreign tax credits

 

(2,072

)

 

 

25,266

 

 

 

28,414

 

Permanent Differences

 

973

 

 

 

2,370

 

 

 

-

 

Foreign Tax Credit Adjustments

 

(28,027

)

 

 

 

 

 

 

 

 

Change in Tax Rate on Deferred

 

(0

)

 

 

0

 

 

 

-2,889

 

Increase/(Decrease) in Valuation Allowance

 

37,752

 

 

 

23,675

 

 

 

22,038

 

Other

 

(1,526

)

 

 

(0

)

 

 

-1,006

 

Total Tax Expense

$

34,115

 

 

$

81,813

 

 

$

93,468

 

At December 31, 2013, the Company was subject to foreign and United States federal taxes only, with no allocations made to state and local taxes.

The following table summarizes the tax years that remain subject to examination by major tax jurisdictions:

 

United States

2008-2013

Gabon

2007-2013