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Notes

22. Income taxes

  • A. Significant components of deferred tax assets and liabilities

  (Revised – note 3

Recognized in earnings 
(Revised – note 3)

As at December 31
  2013  2012  2013 2012
Assets        
Inventories $(3,250) $3,250  $ –  $3,250
Provision for reclamation 9,084  7,152  174,708 166,588
Foreign exploration and development (2,711) (62) 6,910 9,621
Income tax losses 73,412  59,174  199,412 126,241
Defined benefit plan actuarial losses –  –  8,807 89,495
Other 8,672  15,807  59,628 47,691
Deferred tax assets 85,207  85,321  449,465 442,886
Liabilities        
Property, plant and equipment (42,994) (16,645) 184,930 226,723
Inventories (15,825) (4,629) 37,139
Long-term investments and other (24,918) 15,204  3,102 28,020
Deferred tax liabilities (83,737) (6,070) 225,171 254,743
Net deferred tax asset $168,944  $91,391  $224,294 $188,143

Deferred tax allocated as 2013  (Revised – note 3)
 
2012 
Deferred tax assets $266,203  $193,916 
Deferred tax liabilities (41,909) (5,773)
Net deferred tax asset $224,294  $188,143 

Based on projections of future income, realization of these deferred tax assets is probable and consequently a deferred tax asset has been recorded.

  • B. Movement in net deferred tax assets and liabilities

  2013  (Revised – note 3)
 
2012 
Net deferred tax asset at beginning of year $188,143  $74,058 
Deferred tax liability on acquisition of NUKEM (52,964) – 
Recovery for the year in net earnings 168,944  91,391 
Recovery (expense) for the year in other comprehensive income (79,427) 23,334 
Foreign exchange adjustments (402) (640)
End of year $224,294  $188,143 
  • C. Significant components of unrecognized deferred tax assets

  2013 2012
Income tax losses $72,656 $73,019
Property, plant and equipment 54,759 58,249
Long-term investments and other 12,539 7,750
Total $139,954 $139,018
  • D. Tax rate reconciliation

The provision for income taxes differs from the amount computed by applying the combined expected federal and provincial income tax rate to earnings before income taxes. The reasons for these differences are as follows:

  2013  (Revised – note 3) 
2012 
Earnings before income taxes and non-controlling interest $227,929  $201,115 
Combined federal and provincial tax rate 26.9%  26.9% 
Computed income tax expense 61,313  54,100 
Increase (decrease) in taxes resulting from:    
Difference between Canadian rates and rates applicable to subsidiaries in other countries (200,877) (173,497)
Change in unrecorded deferred tax assets 11,297  52,742 
Other taxes 3,332  3,524 
Share-based compensation plans 3,580  3,828 
Change in tax provision related to transfer pricing 10,000  9,000 
Non-deductible capital amounts 18,328  – 
Other permanent differences 3,269  (338)
Income tax recovery $(89,758) $(50,641)
  • E. Reassessments

In 2008, as part of the ongoing annual audits of Cameco’s Canadian tax returns, Canada Revenue Agency (CRA) disputed the transfer pricing structure and methodology used by Cameco and its wholly owned Swiss subsidiary, Cameco Europe Ltd. (CEL), in respect of sale and purchase agreements for uranium products. From December 2008 to date, CRA issued notices of reassessment for the taxation years 2003 through 2008, which have increased Cameco’s income for Canadian tax purposes by approximately $43,000,000, $108,000,000, $197,000,000, $243,000,000, $708,000,000 and $744,000,000, respectively. Cameco believes it is likely that CRA will reassess Cameco’s tax returns for subsequent years on a similar basis and that these will result in future cash payments on receipt of the reassessments.

Using the methodology we believe that CRA will continue to apply, and including the $2,043,000,000 already reassessed, we expect to receive notices of reassessment for a total of approximately $5,700,000,000 for the years 2003 through 2013, which would increase Cameco’s income for Canadian tax purposes and result in a related tax expense of approximately $1,600,000,000. In addition to penalties already imposed, CRA may continue to apply penalties to taxation years subsequent to 2007. As a result, we estimate that cash taxes and transfer pricing penalties would be between $1,250,000,000 and $1,300,000,000. In addition, we estimate there would be interest and instalment penalties applied that would be material to Cameco. We would be responsible for remitting 50% of the cash taxes and transfer pricing penalties, or between $625,000,000 and $650,000,000, plus related interest and instalment penalties assessed, which would be material to Cameco.

Under Canadian federal and provincial tax legislation, the amount required to be remitted each year will depend on the amount of income reassessed in that year and the availability of elective deductions and tax loss carryovers. In light of our view of the likely outcome of the case, we expect to recover the amounts remitted to CRA, including the $59,475,000 already paid as at December 31, 2013 (2012 – $13,400,000) (note 11). Included in this receivable is $36,000,000 that relates to a $72,000,000 transfer pricing penalty that CRA’s Transfer Pricing Review Committee has imposed for the 2007 taxation year. This was the first transfer pricing penalty assessed since CRA began to issue reassessments with respect to the transfer pricing dispute. In addition, the 2008 reassessment has resulted in Cameco being required to make a cash payment of approximately $44,000,000 in the first quarter of 2014.

The case on the 2003 reassessment is expected to go to trial in 2015. If this timing is adhered to, we expect to have a Tax Court decision in 2015 or 2016.

Having regard to advice from its external advisors, Cameco’s opinion is that CRA’s position is incorrect, and Cameco is contesting CRA’s position and expects to recover any cash paid as a result of the reassessments. However, to reflect the uncertainties of CRA’s appeals process and litigation, Cameco has recorded a cumulative tax provision related to this matter for the years 2003 through 2013 in the amount of $73,000,000. While the resolution of this matter may result in liabilities that are higher or lower than the reserve, management believes that the ultimate resolution will not be material to Cameco’s financial position, results of operations or liquidity in the year(s) of resolution. Resolution of this matter as stipulated by CRA would be material to Cameco’s financial position, results of operations or liquidity in the year(s) of resolution, and other unfavourable outcomes for the years 2003 through 2013 could be material to Cameco’s financial position, results of operations and cash flows in the year(s) of resolution.

Further to Cameco’s decision to contest CRA’s reassessments, Cameco is pursuing its appeal rights under Canadian federal and provincial tax legislation.

  • F. Earnings and income taxes by jurisdiction

  2013  (Revised – note 3) 
2012 
Earnings (loss) before income taxes    
Canada $(602,568) $(336,957)
Foreign 830,497  538,072 
  $227,929  $201,115 
Current income taxes    
Canada $13,673  $504 
Foreign 65,513  40,246 
  $79,186  $40,750 
Deferred income tax recovery    
Canada $(133,588) $(79,315)
Foreign (35,356) (12,076)
  $(168,944) $(91,391)
Income tax recovery $(89,758) $(50,641)
  • G. Income tax losses

At December 31, 2013, income tax losses carried forward of $968,347,000 (2012 – $702,654,000) are available to reduce taxable income. These losses expire as follows:

Date of expiry Canada US Other Total
2019 $ – $ – $1,680 $1,680
2020  –  – 1,998 1,998
2029 21,856 21,856
2030 46 1,277 1,323
2031 140,593 18,641 159,234
2032 218,823 18,396 237,219
2033 280,694 23,448 304,142
No expiry 240,895 240,895
  $640,156 $83,618 $244,573 $968,347

Included in the table above is $244,845,000 (2012 – $243,080,000) of temporary differences related to loss carry forwards where no future benefit is realized.

  • H. Other comprehensive loss

Other comprehensive loss included on the consolidated statements of comprehensive income and the consolidated statements of changes in equity is presented net of income taxes. The following income tax amounts are included in each component of other comprehensive loss:

For the year ended December 31, 2013
  Before tax  Income tax 
recovery 
(expense) 
Net of tax 
Remeasurements of defined benefit liability $2,585  $(715) $1,870 
Remeasurements of defined benefit liability – equity-accounted investees 319,887  (79,972) 239,915 
Exchange differences on translation of foreign operations (10,792) –  (10,792)
Gains on derivatives designated as cash flow hedges – equity-accounted investees 253  (63) 190 
Gains on derivatives designated as cash flow hedges transferred to net earnings – equity-accounted investees (5,309) 1,327  (3,982)
Unrealized gains on available-for-sale assets 32  (4) 28 
  $306,656  $(79,427) $227,229 

For the year ended December 31, 2012 (revised – note 3)
  Before tax  Income tax 
recovery 
(expense) 
Net of tax 
Remeasurements of defined benefit liability $294  $(113) $181 
Remeasurements of defined benefit liability – equity-accounted investees (73,059) 18,265  (54,794)
Exchange differences on translation of foreign operations (23,287) –  (23,287)
Gains on derivatives designated as cash flow hedges – equity-accounted investees 5,309  (1,327) 3,982 
Gains on derivatives designated as cash flow hedges transferred to net earnings – equity-accounted investees (25,934) 6,484  (19,450)
Unrealized losses on available-for-sale-assets (24) (19)
Gains on available-for-sale assets transferred to net earnings (149) 20  (129)
  $(116,850) $23,334 $(93,516)