Trilogy Metals Inc. Income Taxes Disclosure
9) Income taxes
Income tax expense differs from the amount that would result from applying the Canadian federal and provincial income tax rates to earnings before income taxes. These differences result from the following items:
in thousands of dollars | |||||||||||
November 30, 2025 | November 30, 2024 | November 30, 2023 | |||||||||
$ | | $ | | $ | |||||||
Loss before income taxes | (42,241) | (8,587) | (14,951) | ||||||||
Federal income tax rate | 15.00 | % | 15.00 | % | 15.00 | % | |||||
Provincial income tax rate | 12.00 | % | 12.00 | % | 12.00 | % | |||||
Statutory income tax rate | 27.00 | % | 27.00 | % | 27.00 | % | |||||
Combined federal and provincial statutory tax rate | 27.00 | % | 27.00 | % | 27.00 | % | |||||
Income tax (recovery) at statutory rate | (11,405) | (2,319) | (4,037) | ||||||||
Difference in foreign tax rates | (40) | (35) | (118) | ||||||||
Non-deductible expenditures | 8,615 | 162 | 239 | ||||||||
Change in estimates in respect of prior years | (25) | (56) | 15 | ||||||||
Share issuance costs | (182) | — | — | ||||||||
Other | (1) | 1 | — | ||||||||
Change in valuation allowance | 3,038 | 2,247 | 3,901 | ||||||||
Income tax recovery (expense) | — | — | — | ||||||||
Deferred income taxes arise from temporary differences in the recognition of income and expenses for financial reporting and tax purposes. The significant components of deferred income tax assets and liabilities at November 30, 2025 and 2024 are as follows:
in thousands of dollars | ||||||
November 30, 2025 | November 30, 2024 |
| ||||
| $ | | | $ | | |
Deferred income tax assets | |
| | |||
Non-capital losses | 65,344 | 63,293 | ||||
Mineral property interest | 4,145 |
| 4,538 | |||
Mineral property impairment | 25 | 26 | ||||
Deferred interest | 5,819 |
| 6,074 | |||
Property, plant and equipment | 121 |
| 152 | |||
Lease liability | 30 | 40 | ||||
Share issuance costs | 444 |
| 17 | |||
Stock-based compensation | 1,109 |
| — | |||
Other | 29 |
| 33 | |||
Total deferred tax assets | 77,066 |
| 74,173 | |||
Valuation allowance | (49,712) |
| (46,703) | |||
Net deferred income tax assets | 27,354 |
| 27,470 | |||
Deferred income tax liabilities | |
| | |||
Investment in Ambler Metals LLC | (27,323) | (27,428) | ||||
Right of use asset | (31) | (42) | ||||
Deferred income tax liabilities | (27,354) |
| (27,470) | |||
Net deferred income tax assets (liabilities) | — |
| — |
The Company has loss carry-forwards of approximately $233 million that may be available for tax purposes. Certain of these losses occurred prior to the incorporation of the Company and are accounted for in the financial statements as if they were incurred by the Company. Prior to the NovaGold Arrangement, the Company undertook a tax reorganization in order to preserve the future deductibility of these losses for the Company, subject to the limitations below. Deferred tax assets have been recognized to the extent of future taxable income and the future taxable amounts related to taxable temporary differences for which a deferred tax liability is recognized can be offset. A valuation allowance has been provided against deferred income tax assets where it is not more likely than not that the Company will realize those benefits.
The losses expire as follows in the following jurisdictions:
in thousands of dollars | ||||||
Non-capital losses | Operating losses | |||||
Canada | United States | |||||
| $ | | | $ | | |
2026 | — | 1,530 | ||||
2027 | — | 7,871 | ||||
2028 | — | 8,978 | ||||
2029 | — | 11,162 | ||||
Thereafter | 73,271 | 130,735 | ||||
73,271 | 160,276 |
Future use of U.S. loss carry-forwards is subject to certain limitations under provisions of the Internal Revenue Code including limitations subject to Section 382, which relates to a 50% change in control over a three-year period and are further dependent upon the Company attaining profitable operations. An ownership change under Section 382 occurred on January 22, 2009, regarding losses incurred by AGC, of which the attributes of those losses were transferred to Trilogy Metals US with the purchase of the mineral property in October 2011. Accordingly, the Company’s ability to use these losses may be limited or may expire un-utilized. An additional change in control may have occurred after November 30, 2011, which may further limit the availability of losses prior to the date of change in control.
Furthermore, tax reform provisions under Section 172 allow federal net operating losses arising in tax years subsequent to December 31, 2017 to be carried forward indefinitely. As at November 30, 2025 the Company has approximately $40.7 million in operating losses that can be carried forward indefinitely.
Historical Timeline
| Fiscal Year | Filed | |
|---|---|---|
| 2025 | Feb 17, 2026 | Showing above |
| 2024 | Feb 14, 2025 | |
| 2023 | Feb 9, 2024 | |
| 2022 | Feb 14, 2023 | |
| 2021 | Feb 11, 2022 | |
| 2019 | Feb 13, 2020 | |
| 2018 | Feb 11, 2019 | |
| 2015 | Feb 8, 2016 | |
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.