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FORM 10-K FOR FISCAL YEAR ENDED DECEMBER 31, 2004NOTES TO CONSOLIDATED FINANCIAL STATEMENTS3. Provision for Income Taxes
Income before taxes is as follows:
Year Ended December 31, 2004 2003
United States $ $38,955,40 $12,889,583 Foreign 15,439,7 11,783,773 5,518,706
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Total $101,440, $50,739,17 $18,408,289 The following is an analysis of the consolidated income tax
provision: Reconciliations of income taxes computed using the U.S. Federal
statutory rate to the effective income tax rates are as follows: (110,374)
1,216,105
249,035
As noted in the above table, the most significant contributor to the
difference between the federal statutory rate and the effective rate for
2004 and 2003 is attributed to currency exchange impact on the foreign
income tax calculation. The Company’s New Zealand subsidiaries use the
U.S. Dollar as their functional currency for financial reporting
purposes, but income taxes are calculated from New Zealand Dollar
financial statements and re-measured into U.S. Dollars. Volatility in
exchange rates creates variable results when computing income in
different currencies. The most significant difference in the relative
income computations for 2004 and 2003 was attributable to depreciation,
depletion, and amortization (DD&A). Because of the relative
strengthening of the New Zealand Dollar vs. the U.S. Dollar, the value
of the tax DD&A deduction reflects the relative appreciation in the
New Zealand Dollar tax basis of amortizable assets vs. the historical
U.S. Dollar investment costs. As a result, taxable income (and
accordingly income tax expense) computed in New Zealand Dollars and then
converted to U.S. Dollars at the average exchange rates for each
respective year was significantly less than net income computed in the
subsidiaries’ U.S. Dollar financial statements. Additionally, the
deferred tax asset is revalued at the ending exchange rate for each
period. This revaluation also resulted in favorable adjustments for
2004, 2003, and 2002. In aggregate, the Company recognized foreign
exchange benefits to tax expense in the amounts of $2.5 million, $2.9
million, and $0.2 million for 2004, 2003, and 2002, respectively. If
exchange rates remain volatile in the future significant fluctuations in
the impact on the Company’s effective tax rate are likely to continue. In addition to the exchange impact, the Company also had a favorable
adjustment in 2004 from a correction in the tax basis of the TAWN
assets. The majority of these adjustments were discovered when preparing
the 2002 New Zealand tax returns which were due and filed in March 2004.
Additionally, the basis adjustments resulted in an increase in the
acquired deferred tax asset balance of $1.1 million. The primary unfavorable differences between the federal statutory and
the effective rate are attributable to state income taxes (computed net
of the offsetting federal benefit), which were $1.1 million, $0.4
million and $0.3 million for 2004, 2003, and 2002, respectively.
Additional, the Company recorded adjustments to the cumulative Louisiana
deferred tax liability in the amounts of $0.9 million and $1.2 million
during 2004 and 2003, respectively 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 Louisiana
activity, the Company increased its estimate of future Louisiana taxable
income that will result from the reversal of prior years’ timing
differences. The 2004 increase was primarily due to acquisitions and
development activities in Lake Washington. The 2003 increase was
primarily due to development activities in Lake Washington. The New Zealand statutory rate is 33%, which resulted in differences
of $0.3 million, $0.2 million, and $0.1 million for 2004, 2003, and 2002
respectively vs. the U.S. statutory rate. The 2004 favorable rate impact
is more than offset by a $0.6 million accrual for taxes expected to be
incurred on a planned dividend from the Company’s New Zealand
subsidiaries. Except for a limited dividend tied to a cost of capital
computation, the Company does not compute a provision for U.S. taxes on
the undistributed earnings of our New Zealand subsidiaries as management
has plans to reinvest such earnings outside of the United States
indefinitely. If, in the future, these earnings are distributed into the
U.S. 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 if such
remittances occur. Presently, there are no foreign tax credits available
to reduce the U.S. taxes on such amounts if repatriated. The Company is currently evaluating the possibility of utilizing a
special one-time tax deduction relating to the repatriation of foreign
earnings created by the American Jobs Creation Act of 2004. To be
eligible the Company would need to develop a qualified domestic
reinvestment plan. As of this date the Company has not yet completed
this evaluation or developed a reinvestment plan. However, as of
December 31, 2004 the Company is in a cumulative tax loss position with
respect to its foreign operations. The Company believes the maximum
available deduction would be limited to the 2005 taxable earnings of its
foreign subsidiaries, if any. The Company will not be in a position to
make a reasonable estimate until later in the year as to how much, if
any, income will be available to repatriate at the reduced rate. The tax effects of temporary differences representing the net
deferred tax liability (asset) at December 31, 2004 and 2003, were as
follows: (3,407,885)
(37,852,559)
(167,475) (152,725) $(91,608,263) $(87,235,798) $121,893,202 $98,092,129 39,594,386 30,160,846 626,762 -- 934,435 575,596 $163,048,785 $128,828,571 $71,440,522 $41,592,773 The total change in the net deferred liability from 2003 to 2004 was
$29.8 million. Increases in the liability were attributable to deferred
tax expense of $32.5 million plus $0.4 million for the tax effect of
unrealized hedging gains. Unrealized hedging gains and losses are
recorded net of tax as other comprehensive income (loss) adjustments to
equity. Reductions were made to the net liability for the tax benefit of
stock compensation deductions of $2.0 million, which are recorded as
additions to paid-in-capital, and $1.1 million for an adjustment to the
foreign acquired deferred tax asset. The tax basis of the assets of Southern Petroleum (NZ) Exploration
Limited (“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, was $3.8 million. During 2004 the deferred tax asset
was increased by $1.1 million as noted previously. Amortization during
2004 was $1.5 million. The other foreign carryover asset is attributable
to cumulative New Zealand net operating losses of $114.7 million. New
Zealand tax net operating losses do not expire. At December 31, 2004, the Company had alternative minimum tax credits
of $2.6 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 $40.0 million for federal
net operating losses, $1.6 million for State of Louisiana net operating
losses and $6.0 million net for capital losses. The gross capital loss
asset is $6.5 million less a $.5 million impairment. At December 31,
2004, cumulative estimated federal net operating losses were $113.9
million, which will expire between 2018 and 2023. Louisiana estimated
net operating losses total $44.8 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, 2004 and 2003, 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 one or more of its oil and gas properties during the next
few years that will generate sufficient capital gains to utilize the
loss carry over. 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 that have estimated current market values well 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. During 2004 the Company recorded a valuation allowance of $0.5
million, primarily for incremental state income tax expenses that it
expects to incur as a result of the planned property dispositions.
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This page was last updated on Tuesday, March 22, 2005 , at 01:29:40 PM . Copyright © 1994-2008 by Swift Energy Company. |
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