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FORM 10-K FOR FISCAL YEAR ENDED DECEMBER 31, 2003


NOTES TO CONSOLIDATED FINANCIAL STATEMENTS

3. Provision for Income Taxes

 

Income before taxes is as follows:

 

Year Ended December 31,

2003

2002

2001

-----------------

-----------------

-----------------

United States

$38,955,404

$12,889,583

$(35,427,252)

Foreign

11,783,773

5,518,706

1,234,919

-----------------

-----------------

-----------------

Total

 

$50,739,177

 

$18,408,289

 

$(34,192,333)

  ========   ========   ========

 

The following is an analysis of the consolidated income tax provision (benefit):

Year Ended December 31,

2003 2002 2001
------------------- ------------------- -------------------
Current $      164,284 $      2,338 $      114,611
------------------- ------------------- -------------------
Deferred:
  Domestic 14,386,868 4,870,239 (12,759,570)
  Foreign 1,917,362 1,612,485 (407,523)
------------------- ------------------- -------------------
Total Deferred 16,304,230 6,482,724 (12,352,047)
------------------- ------------------- -------------------
Total $ 16,468,514 $ 6,485,062 $ (12,237,436)
========= ========= =========

 

The differences between income taxes computed using the federal statutory rate of 35% and our effective income tax rates (32.5%, 35.2%, and 35.8% for 2003, 2002, and 2001, respectively), are primarily the result of the currency exchange rate effect on foreign deferred income taxes, state income taxes and foreign income taxes (New Zealand’s statutory rate is 33%). We have not computed any provision for U.S. taxes on the undistributed earnings of our New Zealand subsidiaries as management intends to permanently reinvest such earnings. Upon distribution of these earnings in the form of dividends or otherwise, we may be subject to U.S. income taxes and New Zealand withholding taxes. It is not practical, however, to estimate the amount of taxes that may be payable on the eventual remittance of these earnings. Presently, there are no foreign tax credits available to reduce the U.S. taxes on such amounts if repatriated.

SENZ uses the U.S. Dollar as its functional currency for financial reporting purposes, but income taxes are paid in the New Zealand Dollar. Because of the difference in currencies used for financial reporting and tax, there is potential for significant exchange impact on the tax provision calculation. Due to the strengthening of the New Zealand Dollar vs. the U.S. Dollar in 2003, the U.S. Dollar value of the deferred tax assets in New Zealand increased, resulting in favorable adjustment of $2.9 million compared to the 33% New Zealand statutory rate.

During 2003 the Company increased its provision for state income taxes by $1.2 million, primarily due to its increased level of business activity in Louisiana. The company calculates its Louisiana income tax using the “apportionment” accounting method. Under apportionment accounting, total federal taxable income is allocated based on the proportional level of U.S. business activity within the state. Due to the relative increase in the Company’s domestic activity conducted in Louisiana, the Company increased its estimate of future Louisiana taxable income that will result from the reversal of prior years’ timing differences.

Reconciliations of income taxes computed using the statutory rate to the effective income tax rates are as follows:

2003 2002 2001
------------ ------------ ------------
Income taxes computed at U.S. statutory rate $17,758,712 $6,442,901 $(11,967,317)
State tax provisions, net of federal benefits 373,992 323,902 (279,875)
Effect of foreign operations (235,675)

(110,374)

(24,698)
Currency remeasurement gain on foreign tax asset (2,893,655) (208,688) ---
Change in estimate for deferred Louisiana income taxes

1,216,105

--- ---
Other, net

249,035

37,321 34,454
------------ ------------ ------------
Provision (benefit) for income taxes $16,468,514 $6,485,062 $ (12,237,436)
=========== =========== ===========

 

The tax effects of temporary differences representing the net deferred tax liability (asset) at December 31, 2003 and 2002, were as follows:

2003 2002
--------------- ---------------
Deferred tax assets:
   Alternative minimum tax credits (domestic)  $(1,979,399) $(1,979,399)
   Carryover items (domestic) (53,036,919) (51,174,237)
   Acquired deferred tax asset (foreign)  (3,802,435) (4,753,044)
   Carryover items (foreign)  (28,294,320) (19,494,129)
--------------- ---------------
     Total deferred tax assets $(87,113,073) $(77,400,809)
--------------- ---------------
Deferred tax liabilities:
   Domestic oil and gas exploration and development costs   $98,010,617 $83,361,520
   Foreign oil and gas exploration and development costs  30,190,846 21,566,588
   Other 504,383 568,634
---------------- ----------------
      Total deferred tax liabilities $128,705,846 $105,496,742
---------------- ----------------
Net deferred tax liabilities  $41,592,773 $28,095,933
============ ============

 

The tax basis of the assets of Southern NZ on the acquisition date exceeded the cash purchase price paid by SENZ to acquire this entity. To account for the future tax benefits of this additional basis, SENZ recorded a deferred tax asset of $4.9 million. The asset is being amortized over the period in which the tax amortization is deducted. The remaining asset value at December 31, 2003, is $3.8 million. The other foreign carryover asset is attributable to cumulative New Zealand net operating losses. New Zealand tax net operating losses do not expire.

At December 31, 2003, the Company had alternative minimum tax credits of $2.0 million that carry forward indefinitely. These credits are available to reduce future regular tax liability to the extent they exceed the alternative minimum tax otherwise due.

The domestic deferred tax carryover items are attributable to expected future tax benefits in the amounts of $44.9 million for federal net operating losses, $1.5 million for State of Louisiana net operating losses and $6.5 million for capital losses. At December 31, 2003, cumulative federal net operating losses were $128.1 million, which will expire between 2018 and 2022. Louisiana net operating losses total $44.1 million and will expire between 2013 and 2018.

The Company has not recorded any valuation allowance against the deferred tax assets attributable to net operating loss carryovers at December 31, 2003 and 2002, as management estimates that it is more likely than not that these assets will be fully utilized before they expire. Significant changes in estimates caused by changes in oil and gas prices, production levels, capital expenditures, and other variables could impact the Company’s ability to utilize the carryover amounts.

In 2002 we recognized a capital loss of approximately $18.6 million as the result of the liquidation of our partnerships. This loss can only be utilized to offset capital gains and will expire in 2007. The Company plans to sell a number of oil and gas properties over the next few years in order to optimize its portfolio of non-core oil and gas properties. To generate capital gains from these dispositions, the sales proceeds must exceed the Company’s total investment in the properties. Company management has identified several qualified properties it intends to sell that have estimated current market values in excess of the total original costs. Management believes that it is more likely than not that the Company will fully utilize the capital loss carryover. If the Company is unable to complete the sale of these properties at the prices it has estimated to be the fair market value, then a significant portion of the capital loss carryover could expire before it is utilized.

 

 

 
 

 

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