ACI » Topics » Income Taxes

These excerpts taken from the ACI 10-K filed Mar 1, 2010.
Income Taxes
 
We provide for deferred income taxes for temporary differences arising from differences between the financial statement and tax basis of assets and liabilities existing at each balance sheet date using enacted tax rates expected to be in effect when the related taxes are expected to be paid or recovered. We initially recognize the effects of a tax position when it is more than 50 percent likely, based on the technical merits, that the position will be sustained upon examination, including resolution of the related appeals or litigation processes, if any. Our determination of whether or not a tax position has met the recognition threshold considers the facts,


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circumstances, and information available at the reporting date. A valuation allowance may be recorded to reflect the amount of future tax benefits that management believes are not likely to be realized. We reassess our ability to realize our deferred tax assets annually in the fourth quarter or when circumstances indicate that the ability to realize deferred tax assets has changed. In determining the appropriate valuation allowance, we take into account expected future taxable income and available tax planning strategies. If future taxable income is lower than expected or if expected tax planning strategies are not available as anticipated, we may record additional valuation allowance through income tax expense in the period such determination is made.
 
ITEM 7A.  QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK.
 
The discussion below presents the sensitivity of the market value of our financial instruments to selected changes in market rates and prices. The range of changes reflects our view of changes that are reasonably possible over a one-year period.
 
We manage our commodity price risk for our non-trading, long-term coal contract portfolio through the use of long-term coal supply agreements, and to a limited extent, through the use of derivative instruments. At current production levels, we have expected uncommitted volumes of 5 million to 8 million tons in 2010, with an additional 13 million tons committed but not yet priced. In 2011, we have expected uncommitted volumes of 70 million to 80 million tons, with an additional 20 million tons committed but not yet priced. In 2012, we have expected uncommitted volumes of 100 million to 110 million tons, with an additional 20 million tons committed but not yet priced.
 
We are exposed to commodity price risk in our coal trading activities, which represents the potential future loss that could be caused by an adverse change in the market value of coal. Our coal trading portfolio included forward, swap and put and call option contracts at December 31, 2009. With respect to our coal trading portfolio at December 31, 2009, the potential for loss of future earnings resulting from changing coal prices was insignificant. The timing of the estimated future realization of the value of the trading portfolio is 62% in 2010 and 38% in 2011.
 
We monitor and manage market price risk for our trading activities with a variety of tools, including Value at Risk (VaR), position limits, escalating management alerts for mark to market monitoring and loss limits, scenario analysis, sensitivity analysis and review of daily changes in market dynamics. Management believes that presenting high, low, end of year and average VaR is the best available method to give investors insight into the level of commodity risk of our trading positions. Illiquid positions, such as long-dated trades that are not quoted by brokers or exchanges, are not included in VaR.
 
While presenting VaR will provide a similar framework for discussing risk across companies, VaR estimates from two independent sources are rarely calculated in the same way. Without a thorough understanding of how each VaR model was calculated, it would be difficult to compare two different VaR calculations from different sources.
 
VaR is a statistical one-tail confidence interval and down side risk estimate that relies on recent history to estimate how the value of the portfolio of positions will change if markets behave in the same way as they have in the recent past. The level of confidence is 95%. The time across which these possible value changes are being estimated is through the end of the next business day. A closed-form delta-neutral method used throughout the finance and energy sectors is employed to calculate this VaR. VaR is back tested to verify usefulness.
 
On average, portfolio value should not fall more than VaR on 95 out of 100 business days. Conversely, portfolio value declines of more than VaR should be expected, on average, 5 out of 100 business days. When more value than VaR is lost due to market price changes, VaR is not representative of how much value beyond VaR will be lost.
 
During 2009, VaR ranged from under $0.1 million to $0.8 million. The linear mean of each daily VaR was $0.3 million. The final VaR at December 31, 2009 was $0.1 million. During 2008, VaR ranged from $0.3 million to $4.2 million. The linear mean of each daily VaR was $2.1 million. The final VaR at December 31, 2008 was $0.5 million.


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We are also exposed to the risk of fluctuations in cash flows related to our purchase of diesel fuel. The Company purchases approximately 50 to 60 million gallons of diesel fuel annually in its operations, including the effect of the acquisition of the Jacobs Ranch operations. To reduce the volatility in the price of diesel fuel for its operations, the Company uses forward physical diesel purchase contracts, as well as heating oil swaps and purchased call options. At December 31, 2009, the Company had protected the price of approximately 55% of its expected purchases for fiscal year 2010, the majority which was accomplished through the use of the derivative instruments noted above. Since the changes in the price of heating oil are highly correlated to changes in the price of the hedged diesel fuel purchases, the heating oil swaps and purchased call options qualify for cash flow hedge accounting. Accordingly, changes in the fair value of the derivatives are recorded through other comprehensive income, with any ineffectiveness recognized immediately in income. At December 31, 2009, a $0.25 per gallon decrease in the price of heating oil would result in an approximate $8.5 million increase in our expense in 2010 resulting from heating oil derivatives, which would be offset by a decrease in the cost of our physical diesel purchases.
 
We are exposed to market risk associated with interest rates due to our existing level of indebtedness. At December 31, 2009, $1.6 billion of our outstanding debt had fixed interest rates, primarily our 8.75% Senior Notes and our 6.75% Senior Notes. At December 31, 2009, $253.5 million of our outstanding borrowings have interest rates that fluctuate based on changes in the respective market rates. A one percentage point increase in the interest rates related to these borrowings would result in an annualized increase in interest expense of $2.5 million, based on borrowing levels at December 31, 2009.
 
ITEM 8.  FINANCIAL STATEMENTS AND SUPPLEMENTARY DATA.
 
The consolidated financial statements and consolidated financial statement schedule of Arch Coal, Inc. and subsidiaries are included in this Annual Report on Form 10-K beginning on page F-1.
 
ITEM 9.  CHANGES IN AND DISAGREEMENTS WITH ACCOUNTANTS ON ACCOUNTING AND FINANCIAL DISCLOSURE.
 
None.
 
ITEM 9A.  CONTROLS AND PROCEDURES.
 
We performed an evaluation under the supervision and with the participation of our management, including our chief executive officer and chief financial officer, of the effectiveness of the design and operation of our disclosure controls and procedures as of December 31, 2009. Based on that evaluation, our management, including our chief executive officer and chief financial officer, concluded that the disclosure controls and procedures were effective as of such date. There were no changes in internal control over financial reporting that occurred during our fiscal quarter ended December 31, 2009 that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting.
 
We incorporate by reference the report of independent registered public accounting firm and management’s report on internal control over financial reporting included on pages F-3 and F-4, respectively, of this Annual Report on Form 10-K.
 
ITEM 9B.  OTHER INFORMATION.
 
None.
 
Income Taxes
 
Deferred income taxes are provided for temporary differences arising from differences between the financial statement amount and tax basis of assets and liabilities existing at each balance sheet date using enacted tax rates anticipated to be in effect when the related taxes are expected to be paid or recovered. A valuation allowance is established if it is more likely than not that a deferred tax asset will not be realized. In determining the need for a valuation allowance, the Company considers projected realization of tax benefits based on expected levels of future taxable income, available tax planning strategies and its overall deferred tax position. See Note 9, “Taxes” for further disclosures about income taxes.
 
Income Taxes
 
We provide for deferred income taxes for temporary differences arising from differences between the financial statement and tax basis of assets and liabilities existing at each balance sheet date using enacted tax rates expected to be in effect when the related taxes are expected to be paid or recovered. We initially recognize the effects of a tax position when it is more than 50 percent likely, based on the technical merits, that the position will be sustained upon examination, including resolution of the related appeals or litigation processes, if any. Our determination of whether or not a tax position has met the recognition threshold considers the facts, circumstances, and information available at the reporting date. A valuation allowance may be recorded to reflect the amount of future tax benefits that management believes are not likely to be realized. We reassess our ability to realize our deferred tax assets annually in the fourth quarter or when circumstances indicate that the ability to realize deferred tax assets has changed. In determining the appropriate valuation allowance, we take into account expected future taxable income and available tax planning strategies. If future taxable income is lower than expected or if expected tax planning strategies are not available as anticipated, we may record additional valuation allowance through income tax expense in the period such determination is made.


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Income
Taxes



 



We provide for deferred income taxes for temporary differences
arising from differences between the financial statement and tax
basis of assets and liabilities existing at each balance sheet
date using enacted tax rates expected to be in effect when the
related taxes are expected to be paid or recovered. We initially
recognize the effects of a tax position when it is more than
50 percent likely, based on the technical merits, that the
position will be sustained upon examination, including
resolution of the related appeals or litigation processes, if
any. Our determination of whether or not a tax position has met
the recognition threshold considers the facts, circumstances,
and information available at the reporting date. A valuation
allowance may be recorded to reflect the amount of future tax
benefits that management believes are not likely to be realized.
We reassess our ability to realize our deferred tax assets
annually in the fourth quarter or when circumstances indicate
that the ability to realize deferred tax assets has changed. In
determining the appropriate valuation allowance, we take into
account expected future taxable income and available tax
planning strategies. If future taxable income is lower than
expected or if expected tax planning strategies are not
available as anticipated, we may record additional valuation
allowance through income tax expense in the period such
determination is made.





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Income Taxes
 
Deferred income taxes are provided for temporary differences arising from differences between the financial statement amount and tax basis of assets and liabilities existing at each balance sheet date using enacted tax rates anticipated to be in effect when the related taxes are expected to be paid or recovered. A valuation allowance is established if it is more likely than not that a deferred tax asset will not be realized. In determining the need for a valuation allowance, the Company considers projected realization of tax benefits based on expected levels of future taxable income, available tax planning strategies and its overall deferred tax position.
 
Income
Taxes



 



Deferred income taxes are provided for temporary differences
arising from differences between the financial statement amount
and tax basis of assets and liabilities existing at each balance
sheet date using enacted tax rates anticipated to be in effect
when the related taxes are expected to be paid or recovered. A
valuation allowance is established if it is more likely than not
that a deferred tax asset will not be realized. In determining
the need for a valuation allowance, the Company considers
projected realization of tax benefits based on expected levels
of future taxable income, available tax planning strategies and
its overall deferred tax position.


 




These excerpts taken from the ACI 10-K filed Feb 29, 2008.
Income Taxes
 
Deferred income taxes are provided for temporary differences arising from differences between the financial statement and tax basis of assets and liabilities existing at each balance sheet date using enacted tax rates expected to be in effect when the related taxes are expected to be paid or recovered. A valuation allowance is established if it is more likely than not that a deferred tax asset will not be realized. In determining the appropriate valuation allowance, the Company considers projected realization of tax benefits based on expected levels of future taxable income, available tax planning strategies and its overall deferred tax position.
 
Income
Taxes



 



Deferred income taxes are provided for temporary differences
arising from differences between the financial statement and tax
basis of assets and liabilities existing at each balance sheet
date using enacted tax rates expected to be in effect when the
related taxes are expected to be paid or recovered. A valuation
allowance is established if it is more likely than not that a
deferred tax asset will not be realized. In determining the
appropriate valuation allowance, the Company considers projected
realization of tax benefits based on expected levels of future
taxable income, available tax planning strategies and its
overall deferred tax position.


 




This excerpt taken from the ACI 10-K filed Mar 1, 2007.
Income Taxes
      Deferred income taxes are provided for temporary differences arising from differences between the financial statement and tax basis of assets and liabilities existing at each balance sheet date using enacted tax rates expected to be in effect when the related taxes are expected to be paid or recovered.
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