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FORM 10-K FOR FISCAL YEAR ENDED DECEMBER 31, 2003NOTES TO CONSOLIDATED FINANCIAL STATEMENTS3. 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
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Total $50,739,177 $18,408,289 $(34,192,333) The following is an analysis of the consolidated income tax
provision (benefit): 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: (110,374)
1,216,105
249,035
The tax effects of temporary differences representing the
net deferred tax liability (asset) at December 31, 2003 and 2002, were as
follows: 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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This page was last updated on Sunday, March 07, 2004 , at 07:18:25 PM . Copyright © 1994-2008 by Swift Energy Company. |
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