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43-101 2008 Technical Report On The La Fortuna Project, Durango ...

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16.2.1.4 Mexican Taxation<br />

16.2.1.4.1 Federal Corporate Tax<br />

Corporate taxable income is subject to federal corporate tax at a rate of 28% for <strong>2008</strong> and subsequent<br />

years. <strong>The</strong> income tax laws recognize the effects of inflation on the following items and transactions:<br />

depreciation of fixed assets, costs of sales of fixed assets, sales of capital stock (shares), monetary gains<br />

and losses, and tax loss carried forward. In addition, mandatory Profit Sharing (see below) is now<br />

deductible when calculating taxable income.<br />

Taxable income is computed in accordance with generally accepted accounting principles. Depreciation<br />

of tangible fixed assets and amortization of intangible assets is made with the straight-line method.<br />

Howe has assumed that all new capital has been depreciated over 10 years using the straight line method.<br />

No opening tax pools have been assumed. Business losses may be carried forward for 10 years and as<br />

noted above are subject to adjustment for inflation.<br />

16.2.1.4.2 Net Assets Minimum Tax<br />

<strong>The</strong> Net Assets Minimum Tax was eliminated in Mexico starting January <strong>2008</strong>. <strong>The</strong> federal government<br />

has replaced this tax with a new IETU flat minimum tax. <strong>The</strong> tax is calculated as 16.5% of the company's<br />

monthly profits. <strong>The</strong> tax is not paid in additional to the federal corporate tax (ISR - see section 16.2.4.1).<br />

At the end of each month the company calculates the taxes owing using both the ISR and IETU protocols.<br />

<strong>The</strong> higher of the two calculated values is then paid for that month.<br />

<strong>The</strong> main difference in the calculation procedures for the ISR and IETU taxes is that tax losses from<br />

previous years cannot be carried forward for the calculation of the new IETU. <strong>The</strong> IETU can be deducted<br />

or credited by the parent company in Canada.<br />

16.2.1.4.3 Value Added Tax (IVA)<br />

<strong>The</strong> 15% IVA is payable on any supply of goods and services including imports. <strong>The</strong> IVA payable can be<br />

reduced by IVA collected by the taxpayer in the course of its annual business operations.<br />

16.2.1.4.4 State Tax<br />

State taxes are based on salaries paid in the state during the tax year. <strong>The</strong> tax rate for State of <strong>Durango</strong> is<br />

1.375%.<br />

16.2.1.4.5 Other Payroll Taxes<br />

<strong>The</strong> company must pay a 15% Social Insurance Tax and a 5% Housing Contribution Tax based on annual<br />

payroll.<br />

16.2.1.4.6 Mining Tax<br />

During the period of exploitation, the mining lands tax is approximately $10 per hectare in year 1, and<br />

increases approximately 10% per year thereafter.<br />

For the purposes of this financial evaluation, it has been assumed that payroll related tax costs are<br />

included in the operating costs (i.e. State Tax, Social Insurance Tax and Housing Contribution Tax). It<br />

has also been assumed that IVA payable on contract mining services is included in the contract mining<br />

costs.<br />

16.2.1.4.7 Profit Sharing<br />

<strong>The</strong> company is required to pay a 10% profit sharing tax to its employees. Profit sharing is calculated in<br />

the same manner as Corporate Tax but is calculated before Corporate Tax and is deductible when<br />

calculating the Corporate tax. <strong>On</strong> the other hand, Corporate Tax is not be deducted when calculating<br />

Profit Sharing. Castle Gold has advised Howe that it will not be required to pay Profit Sharing Tax as it<br />

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