During the year 2022, the Tax Administration has reviewed the income tax declaration for the year 2018. As a consequence of said review, on December 28, 2022, SUNAT has notified La Zanja via Determination Resolutions where it questions payments to two mining contractors totaling S/7,777,000 (equivalent to US$2,091,000), an operating expense of S/4,738,000 (equivalent to US$1,276,000) and the no recognition of the balance in favor of fiscal year 2017 of S/624,000 (equivalent to US$168,000), reducing the tax loss of financial year 2018 and the corresponding balance in favor. The Management of La Zanja and its legal advisors consider that the objections are unsupported, which is why the claim process began.
On September 21, 2023, SUNAT declared the appeal unfounded. The Management of La Zanja and its legal advisors have presented an appeal to the Tax Court.
As a result of said review, La Zanja has recognized tax contingencies for the taxable year 2017 in the amount of S/1,598,000 (equivalent to US$430,000), given that in the opinion of La Zanja and of your tax advisors this contingency is probable.
During the year 2023, the Tax Administration has carried out a partial audit of the 2019 taxable year and as a result has imputed a debt of S/6,507,000 (equivalent to US$1,752,000) for the alleged surplus refund of the income tax credit of that period. The Management of La Zanja and its legal advisors consider that this observation, in part, is not appropriate, which is why they have initiated the claim process.
On December 19, 2023, La Zanja has paid the imputed debt, taking advantage of the gradual nature of the fine for S/4,533,000 (equivalent to US$1,221,000)
Likewise, during the year 2023, the Tax Administration has reviewed the income tax of the year 2021. As a consequence of said review, on December 28, 2023, it has closed the process questioning the depreciation rate of the leaching platforms. for an amount of S/14,876,000 (equivalent to US$4,006,000) and the carry forward tax losses from previous years for S/9,413,000 (equivalent to US$2,535,000), reducing the tax loss. The Management of La Zanja and its legal advisors consider that the objections are unfounded, which is why the claim process has been initiated.
On December 19, 2023, La Zanja has paid the imputed debt, taking the gradual payment benefit of the fine for S/4,533,000 (equivalent to US$1,221,000) of which S/2,700,000 (equivalent to U$729,000) has been recorded in profit or loss as it corresponds to the balance for fiscal year 2017 not refuted by La Zanja, and S/1,830,000 (equivalent to US$494,000) are recorded in Trade and other receivables long term, see note 7 (c) which corresponds to the credits of the fiscal year 2019 that are impugned with pending resolve from the Tax Court; in the lawyer’s opinion a favorable result should be obtained.
Empresa de Generación Huanza S.A. -
During 2015, SUNAT audited the 2014 income tax return of the Company’s subsidiary Huanza. As a result, a portion of the depreciation of its fixed assets was not recognized for S/27,532,000 (equivalent to US$7,415,000). The possible contingency amounts to S/7,993,000 (equivalent to US$1,112,000) as of December 31, 2022 (S/7,532,000 equivalent to US$1,232,000as of December 31, 2021). In the opinion of Huanza’s management and of its legal advisors, this interpretation has no basis and therefore Huanza expects to obtain a favorable result in the appeal process that has begun.
On April 8, 2023, the Tax Court issued Resolution No. 01851-10-2022 partially lifting the questioning of SUNAT made in the inspection stage.
In December 2022, SUNAT has settled the tax debt and required the respective payment. On December 30, 2022, the Company has made the payment of the imputed tax debt updated with interest to that date for a total amount of S/6,090,000 (equivalent to US$1,644,000) without this meaning that it accepts the decision of the Court Fiscal. In the opinion of the sponsoring lawyers, the Company should obtain a favorable result in the judicial process that it is going to file before the Judiciary within the Law term, for which the disbursement made has been recorded in the non-current portion of the item “Trade and other receivables” in the Company’s financial statements, note 7(c).