The Company has adopted ASC 740-10, “Income Taxes”, which requires the use of the liability method in the computation of income tax expense and the current and deferred income taxes payable (deferred tax liability) or benefit (deferred tax asset). Valuation allowances are established when necessary to reduce deferred tax assets to the amount expected to be realized.
The cumulative tax effect at the expected tax rate of 34% (blended for U.S. and México) of significant items comprising the Company’s net deferred tax amounts as of December 31, 2016 and December 31, 2015 are as follows:
Deferred Tax Asset Related to:
| 2016 | 2015 | |||||||
| Prior Year | $ | 17,535,800 | $ | 13,652,086 | ||||
| Tax Benefit for Current Year | (533,317 | ) | 3,883,714 | |||||
| Total Deferred Tax Asset | 17,002,483 | 17,535,800 | ||||||
| Less: Valuation Allowance | (17,002,483 | ) | (17,535,800 | ) | ||||
| Net Deferred Tax Asset | $ | — | $ | — | ||||
The net deferred tax asset and benefit for the current year is generated primarily from the cumulative net operating loss carry-forward which is approximately $49,300,000 at December 31, 2016, and will expire in the years 2025 through 2031.
The realization of deferred tax benefits is contingent upon future earnings and is fully reserved at December 31, 2016.
On December 11, 2013, the Mexican government enacted a tax reform that increased the effective tax rate applicable to the Company's Mexican operations. The law, effective January 1, 2014, increased the future corporate income tax rate to 30%, created a 10% withholding tax on dividends paid to non-resident shareholders and created a new Extraordinary Mining duty which is equal to 0.5% of gross revenues from the sale of gold, silver and platinum. Furthermore, the reform introduced a Special Mining Duty of 7.5%. The Special Mining Duty is deductible for income tax purposes. The Special Mining Duty is generally applicable to earnings before income tax, depreciation, depletion, amortization and interest. There will be no deductions related to development type costs but exploration and prospecting costs are deductible when incurred. Certain non-deducted exploration expenditures incurred prior to January 1, 2014 are also deductible in the calculation of the Special Mining Duty. For the year ended December 31, 2014, the Company had no taxes payable under the 7.5% Special Mining Duty.
The Company or its subsidiaries file income tax returns in the United States and México. 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: | 2012 to 2015 |
| México: | 2011 to 2015 |
The Company does not have any other material items of temporary or permanent differences, which give rise to deferred tax assets or liabilities.