NOTE 19 INCOME AND MINING TAXES

The Company’s income and mining tax (recovery) expense consisted of:

Year ended December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

State

$

(859)

$

2,073

$

971

Foreign

1,314

2,231

(4,107)

Current tax (recovery) expense

$

455

$

4,304

$

(3,136)

Federal

$

(22,222)

$

$

State

419

(195)

Foreign

(6,137)

(7,157)

36,995

Deferred tax (recovery) expense

$

(27,940)

$

(7,352)

$

36,995

Federal

$

(22,222)

$

$

State

(440)

1,878

971

Foreign

(4,823)

(4,926)

32,888

Total income and mining tax (recovery) expense

$

(27,485)

$

(3,048)

$

33,859

The Company’s income (loss) before income and mining tax consisted of:

Year ended December 31,

2025

  ​ ​ ​

2024

2023

United States

$

20,028

$

6,130

$

(7,702)

Foreign

(13,079)

(52,869)

74,738

Income (loss) before income and mining taxes

$

6,949

$

(46,739)

$

67,036

The table below provides the updated requirements of ASU 2023-09 for 2025. The Company's income and mining tax expense (recovery) for the year ended December 31, 2025 differed from the amounts computed by applying the United States statutory corporate income tax rate for the following reasons:

Year ended December 31, 2025

Amount

Percent

Income before income and mining taxes

$

6,949

U.S. Federal statutory tax rate

1,459

21%

State and local income taxes, net of Federal income tax (1)

1,296

19%

Foreign tax effects

0%

Canada

Adjustment for foreign tax rate

2,562

37%

Adjustment for foreign provincial tax rate

(4,640)

(67)%

Change in valuation allowance

12,248

176%

Canadian branch losses

(10,127)

(146)%

Equity loss from investments

3,280

47%

Foregone interest

915

13%

Realized flow-through expenditures

5,483

79%

Realized flow-through premium

(5,649)

(81)%

Deferred mining tax expense net of income tax benefit

672

10%

Withholding taxes

342

5%

Foreign exchange on translation of books

(537)

(8)%

Adjustments in relation to prior years

(585)

(8)%

Other

(112)

(2)%

Argentina

Adjustment for foreign tax rate

(60)

(1)%

Change in valuation allowance

8

0%

Equity income from investments

(8,636)

(124)%

Non deductible interest

1,772

26%

Effect of foreign exchange on translation of books and records

(1,382)

(20)%

Other

57

1%

Mexico

Adjustment for foreign tax rate

(997)

(14)%

Change in valuation allowance

1,411

20%

Non deductible interest

695

10%

Inflation adjustment on monetary assets

738

11%

Effect of foreign exchange on translation of books and records

372

5%

Other

108

2%

Effect of changes in tax laws/rates enacted in the current period

0%

Effect of cross-border tax laws

931

13%

Tax credits

(74)

(1)%

Changes in valuation allowances

(30,209)

(435)%

Nontaxable or nondeductible items

478

7%

Changes in unrecognized tax benefits

695

10%

Income and mining tax recovery

$

(27,485)

(396)%

(1)State taxes are comprised entirely of Nevada Net Proceeds Tax, net of federal benefit.

The Company’s effective tax rate of (396%) for the year ended December 31, 2025 is primarily attributable to the partial release of the valuation allowance on U.S. federal and certain state deferred tax assets. During 2025, the Company's valuation allowance decreased by $30.2 million after carefully evaluating all available positive and negative evidence in accordance with ASC 740. The positive evidence included sustained improvements in operating performance, continued profitability, and forecasted taxable income supported by the Company’s long‑term financial projections, despite historical operating losses in earlier periods. Management concluded that the positive evidence outweighs the negative evidence, and therefore determined that it is more likely than not that a portion of the Company’s U.S. deferred tax assets will be realized.The release of the valuation allowance resulted in a significant favorable impact on the Company’s effective tax rate for the period.

As previously disclosed for the years ended December 31, 2024 and 2023, prior to the adoption of ASU 2023-09, the effective income tax rate differs from the statutory federal income tax rate as follows:

Year ended December 31,

Expected tax expense at

  ​ ​ ​

2024

  ​ ​ ​

2023

(Loss) income before income and mining taxes

$

(46,739)

$

67,036

Statutory tax rate

21%

21%

US Federal and State tax (recovery) expense at statutory rate

(9,815)

14,078

Reconciling items:

Equity loss from investments

 

10,555

 

15,310

Deconsolidation of McEwen Copper Inc.

 

 

(46,644)

Disposal of McEwen Copper Inc.'s shares

 

(1,531)

6,179

Deferred tax liability on investment in associate

 

38,340

Realized flow-through expenditures

 

4,017

3,570

Realized flow-through premium

 

(2,304)

(3,423)

Withholding tax

 

426

632

Adjustment for foreign tax rates

 

(3,746)

 

(13,769)

Permanent differences

 

(2,014)

 

9,909

Foreign exchange on translation of books

 

(4,157)

42

Losses expired

 

3,330

8,282

Adjustments in relation to prior years

 

367

(629)

Current and deferred mining tax liabilities

 

2,283

1,455

Movement in valuation allowance

 

(505)

821

Other

 

46

(294)

(Loss) income and mining tax (recovery) expense

$

(3,048)

$

33,859

The tax effects of temporary differences that give rise to significant portions of the deferred tax assets and deferred tax liabilities as at December 31, 2025 and 2024, respectively, are presented below:

Year ended December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred tax assets:

Net operating loss carryforward

$

72,844

$

61,135

Stock based compensation

2,294

Mineral properties

 

46,290

 

52,228

Other temporary differences

 

20,018

 

22,259

Total gross deferred tax assets

 

141,446

 

135,622

Less: valuation allowance

 

(115,855)

 

(132,396)

Net deferred tax assets

$

25,591

$

3,226

Deferred tax liabilities:

Unrealized loss

(642)

Acquired mineral property interests

(5,876)

(3,928)

Equity accounted investments

 

(29,600)

 

(32,881)

Other taxable temporary differences

(4,210)

(3,047)

Total deferred tax liabilities

$

(40,328)

$

(39,856)

Deferred income and mining tax liability

$

(14,737)

$

(36,630)

The Company evaluates all available positive and negative evidence to determine whether it is more likely than not that sufficient future taxable income will be generated to realize its deferred tax assets. As the Company continues to experience sustained improvements in operating performance and forecasted taxable income in its U.S. operations, management concluded that it is more likely than not that a portion of its deferred tax assets will be realized. Accordingly, during 2025, the Company's valuation allowance related to its U.S. deferred tax assets decreased by $30.2 million.

With respect to foreign jurisdictions a significant piece of objective negative evidence evaluated was the recent pretax losses and/or expectations of future pretax losses. Such objective evidence limits the ability to consider other subjective evidence such as the Company's projections for future growth.

The table below summarizes changes to the valuation allowance:

Balance at

Balance at

For the year ended December 31,

  ​ ​ ​

beginning of year

Additions (1)

  ​ ​ ​

Deductions (2)

  ​ ​ ​

end of year

2025

$

132,396

$

13,668

$

(30,209)

$

115,855

2024

130,002

2,780

(386)

132,396

2023

149,342

3,391

(22,731)

130,002

(1)The additions to valuation allowance mainly result from the Company and its subsidiaries incurring losses and exploration expenses for tax purposes that do not meet the more-likely-than-not criterion for recognition of deferred tax assets.
(2)The reductions to valuation allowance mainly result from release of valuation allowance in the United States.

As at December 31, 2025, 2024 and 2023, the Company did not have any income-tax related accrued interest and tax penalties.

The following table summarizes the Company’s losses that can be applied against future taxable profit:

Country

  ​ ​ ​

Type of Loss

  ​ ​ ​

Amount

  ​ ​ ​

Expiry Period

United States (1)

Net operating losses

$

202,166

2027-Unlimited

Mexico

Net operating losses

59,631

2029-2034

Canada (1)

Net operating losses

47,864

2026-2045

Argentina (1)

Net operating losses

1

2030

(1)The losses in the United States, Canada, and Argentina are part of multiple consolidating groups and, therefore, may be restricted in use to specific projects.

Net cash paid for income taxes consisted of the following:

Year ended December 31,

2025

State and local jurisdictions

Nevada

$

203

Canada - Ontario

1,661

Other

113

Total taxes paid

$

1,977

The following table presents the changes in gross unrecognized tax benefits:

Year ended December 31,

2025

2024

2023

Unrecognized tax benefits - beginning of period

$

$

$

Additions for tax positions taken in prior years

2,644

Lapses of applicable statues of limitations

(507)

Total unrecognized tax benefits

$

2,137

$

$

If recognized, the balance of unrecognized tax benefits that would favorably affect the effective income tax rate would be $0.1 million.

The Company has not recognized an amount for interest and penalties in relation to the unrecognized tax benefit.

The Company or its subsidiaries file income tax returns in the United States, Canada, Mexico and Argentina. These tax returns are subject to examination by local taxation authorities provided the tax years remain open to audit under the relevant statute of limitations. The following summarizes the open tax years by major jurisdiction:

United States: 2020 to 2025

Canada: 2018 to 2025

Mexico: 2019 to 2025

Argentina: 2019 to 2025

Historical Timeline

Fiscal YearFiled
2025Mar 17, 2026Showing above
2024Mar 14, 2025
2023Mar 15, 2024
2022Mar 14, 2023
2021Mar 7, 2022

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.