EX-99.2 3 exhibit99-2.htm EXHIBIT 99.2 First Majestic Silver Corp.: Exhibit 99.2 - Filed by newsfilecorp.com

 




CONSOLIDATED FINANCIAL STATEMENTS

FOR THE YEARS ENDED DECEMBER 31, 2020 AND 2019





















 






Management’s Responsibilities over Financial Reporting


The consolidated financial statements of First Majestic Silver Corp. (the “Company”) are the responsibility of the Company’s management. The consolidated financial statements are prepared in accordance with International Financial Reporting Standards as issued by the International Accounting Standards Board and reflect management’s best estimates and judgment based on information currently available.

Management has developed and maintains a system of internal controls to ensure that the Company’s assets are safeguarded, transactions are authorized and properly recorded, and financial information is reliable.

The Board of Directors is responsible for ensuring management fulfills its responsibilities. The Audit Committee reviews the results of the audit and the annual consolidated financial statements prior to their submission to the Board of Directors for approval.

The consolidated financial statements have been audited by Deloitte LLP and their report outlines the scope of their examination and gives their opinion on the consolidated financial statements.




                 
 
Keith Neumeyer   Raymond Polman, CA
President & CEO   Chief Financial Officer
February 18, 2021   February 18, 2021







REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To the shareholders and the Board of Directors of First Majestic Silver Corp.

Opinion on the Financial Statements

We have audited the accompanying consolidated statements of financial position of First Majestic Silver Corp. and subsidiaries (the "Company") as of December 31, 2020 and 2019, the related consolidated statements of earnings (loss), comprehensive income (loss), changes in equity and cash flows for each of the two years in the period ended December 31, 2020, and the related notes (collectively referred to as the "financial statements"). In our opinion, the financial statements present fairly, in all material respects, the financial position of the Company as of December 31, 2020 and 2019, and its financial performance and its cash flows for each of the two years in the period ended December 31, 2020, in conformity with International Financial Reporting Standards as issued by the International Accounting Standards Board.

We have also audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the Company's internal control over financial reporting as of December 31, 2020, based on criteria established in Internal Control — Integrated Framework (2013) issued by the Committee of Sponsoring Organizations of the Treadway Commission and our report dated February 18, 2021, expressed an unqualified opinion on the Company's internal control over financial reporting.

Basis for Opinion

These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statements based on our audits. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion.

Critical Audit Matters

The critical audit matter communicated below is a matter arising from the current-period audit of the financial statements that was communicated or required to be communicated to the audit committee and that (1) relates to accounts or disclosures that are material to the financial statements and (2) involved our especially challenging, subjective, or complex judgments. The communication of critical audit matters does not alter in any way our opinion on the financial statements, taken as a whole, and we are not, by communicating the critical audit matter below, providing a separate opinion on the critical audit matter or on the accounts or disclosures to which it relates.

Primero Tax Rulings — Refer to Note 26 to the financial statements

Critical Audit Matter Description

The Company has an ongoing dispute with the Mexican Tax Authorities, the Servicio de Administracion Tributaria (“SAT”). The dispute relates to the determination of the transfer price, which is based upon an Advanced Pricing Agreement ("APA") from the SAT, applied to intercompany silver sales in connection with a silver streaming arrangement with an unrelated third party. In 2020, the Mexican Federal Court on Administrative Matters issued a decision nullifying the APA and directing the SAT to re-examine the evidence and basis for the issuance of the APA; the Company has appealed this decision to the Mexican Circuit Courts. As a result of the tax dispute with the SAT, should the Company ultimately be required to pay tax on its intercompany silver revenues based on market prices, the incremental income tax for the years 2010 - 2018 would be approximately $219.2 million, before interest and penalties, without any mitigating adjustments. The Company has not recognized a tax liability related to the Primero tax dispute with the SAT.






The evaluation of the accounting and the disclosure of the matter requires significant management judgment to determine the probability of having to pay incremental income tax. Auditing the accounting and the disclosures related to the tax matter required a high degree of auditor judgment due to the significant judgment by management and evaluating whether the audit evidence supports management’s position. This resulted in an increased extent of audit effort, including the involvement of tax specialists.

How the Critical Audit Matter Was Addressed in the Audit

Our audit procedures relating to the evaluation of the accounting and disclosure related to the tax matter included the following, among others:
Inquired of management to understand the developments of the tax dispute;
Evaluated the effectiveness of management’s controls over the evaluation of the appropriateness of income tax filing positions and corresponding disclosures in the financial statements;
Obtained and evaluated management’s assessment of the dispute, including analysis from the Company’s external counsel;
With the assistance of tax specialists, analyzed the Company’s accounting position related to the tax dispute; and
Evaluated the Company’s disclosures for consistency with our knowledge of the Company’s tax matters and audit evidence obtained.


/s/ Deloitte LLP 

Chartered Professional Accountants

Vancouver, Canada

February 18, 2021
 
We have served as the Company's auditor since 2005.














REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To the shareholders and the Board of Directors of First Majestic Silver Corp.

Opinion on Internal Control over Financial Reporting

We have audited the internal control over financial reporting of First Majestic Silver Corp. and subsidiaries (the “Company”) as of December 31, 2020, based on criteria established in Internal Control — Integrated Framework (2013) issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). In our opinion, the Company maintained, in all material respects, effective internal control over financial reporting as of December 31, 2020, based on criteria established in Internal Control — Integrated Framework (2013) issued by COSO.

We have also audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the consolidated financial statements as of and for the year ended December 31, 2020, of the Company and our report dated February 18, 2021, expressed an unqualified opinion on those financial statements.

Basis for Opinion

The Company’s management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting, included in the accompanying Management’s Report on Internal Control over Financial Reporting. Our responsibility is to express an opinion on the Company’s internal control over financial reporting based on our audit. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over financial reporting was maintained in all material respects. Our audit included obtaining an understanding of internal control over financial reporting, assessing the risk that a material weakness exists, testing and evaluating the design and operating effectiveness of internal control based on the assessed risk, and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion.

Definition and Limitations of Internal Control over Financial Reporting

A company’s internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company’s internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of the company’s assets that could have a material effect on the financial statements.

Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.

/s/ Deloitte LLP

Chartered Professional Accountants

Vancouver, Canada

February 18, 2021






TABLE OF CONTENTS
                 
CONSOLIDATED FINANCIAL STATEMENTS  
     
 
 
 
 
 
   
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS  
     
General  
 
 
Note 2. Basis of Presentation
 
Note 3. Significant Accounting Policies, Estimates and Judgments
     
     
Statements of Earnings (Loss)  
 
 
 
 
 
 
 
 
     
Statements of Financial Position  
     
     
 
 
 
 
 
 
 
     
 
 
 
 
 
     
Other items  
     
 
 
 
 
 
 




           
CONSOLIDATED STATEMENTS OF EARNINGS (LOSS)
FOR THE YEARS ENDED DECEMBER 31, 2020 and 2019
Audited Consolidated Financial Statements (In thousands of US dollars, except share and per share amounts)










The Consolidated Statements of Earnings (Loss) provide a summary of the Company’s financial performance and net earnings or loss over the reporting periods.
                                           
          Year Ended December 31,
  Note           2020   2019
                   
Revenues           $363,876      $363,944   
Mine operating costs                  
Cost of sales           194,305      232,146   
Cost of sales - standby costs           10,112      —   
Depletion, depreciation and amortization             54,405      65,584   
              258,822      297,730   
                   
Mine operating earnings             105,054      66,214   
                   
General and administrative expenses           24,855      26,800   
Share-based payments             8,255      8,325   
Mine holding costs           21,583      7,579   
Loss on divestiture of exploration projects           3,685      —   
Impairment of non-current assets           —      58,739   
                   
Foreign exchange loss (gain)             6,319      (3,243)  
Operating earnings (loss)             40,357      (31,986)  
                   
Fair value adjustment on foreign currency derivatives             (982)     —   
Investment and other income           5,127      8,109   
Finance costs           (14,773)     (15,147)  
Earnings (loss) before income taxes             29,729      (39,024)  
                   
Income taxes
                 
Current income tax expense             9,966      16,423   
Deferred income tax recovery             (3,324)     (14,973)  
              6,642      1,450   
                   
Net earnings (loss) for the year             $23,087      ($40,474)  
                   
Earnings (loss) per common share                  
     Basic
          $0.11      ($0.20)  
     Diluted
          $0.11      ($0.20)  
                   
Weighted average shares outstanding
                 
     Basic
          213,879,622      201,615,489   
     Diluted
          215,878,829      201,615,489   

Approved by the Board of Directors
 
                 
 
Keith Neumeyer, Director   Douglas Penrose, Director
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 1



           
CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS)
FOR THE YEARS ENDED DECEMBER 31, 2020 and 2019
Audited Consolidated Financial Statements (In thousands of US dollars)


The Consolidated Statements of Comprehensive Income (Loss) provide a summary of total comprehensive earnings or loss and summarizes items recorded in other comprehensive income that may or may not be subsequently reclassified to profit or loss depending on future events.
                                         
  Note     Year Ended December 31,
            2020   2019
                 
Net earnings (loss) for the year           $23,087      ($40,474)  
                 
Other comprehensive income                
                 
                 
                 
Items that will not be subsequently reclassified to net earnings (loss):                
Unrealized gain (loss) on fair value of investments in marketable securities, net of tax         10,249      (255)  
Realized gain on investments in marketable securities, net of tax         211      572   
                 
Remeasurement of retirement benefit plan           (515)     —   
                 
Other comprehensive income           9,945      317   
                 
Total comprehensive income (loss)           $33,032      ($40,157)  

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 2



           
CONSOLIDATED STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED DECEMBER 31, 2020 and 2019
Audited Consolidated Financial Statements (In thousands of US dollars)

The Consolidated Statements of Cash Flows provide a summary of movements in cash and cash equivalents during the reporting periods by classifying them as operating, investing or financing activities.
                                         
        Year Ended December 31,
  Note         2020   2019
Operating Activities
               
Net earnings (loss) for the year           $23,087      ($40,474)  
Adjustments for:                
Depletion, depreciation and amortization           56,283      67,220   
Share-based payments           8,255      8,325   
Income tax expense           6,642      1,450   
Finance costs         14,773      15,147   
                 
Loss on divestiture of exploration projects         3,894      —   
Fair value adjustment on foreign currency derivatives           982      —   
Impairment of non-current assets         —      58,739   
Unrealized gains from marketable securities and silver futures derivatives           (4,051)     (1,765)  
Unrealized foreign exchange (gain) loss           (2,522)     273   
Operating cash flows before movements in working capital and taxes
          107,343      108,915   
Net change in non-cash working capital items         (22,831)     37,327   
Income taxes paid           (4,799)     (6,217)  
Cash generated by operating activities
          79,713      140,025   
                 
Investing Activities
               
Expenditures on mining interests           (68,647)     (76,983)  
Acquisition of property, plant and equipment           (43,322)     (41,625)  
Deposits paid for acquisition of non-current assets           (13,846)     (1,748)  
Acquisition of Springpole Silver Stream         (2,521)     —   
                 
                 
                 
Other         1,221      3,422   
Cash used in investing activities
          (127,115)     (116,934)  
                 
Financing Activities
               
Proceeds from prospectus offerings, net of share issue costs         126,132      81,916   
                 
Proceeds from exercise of stock options           14,011      16,663   
Repayment of lease liabilities         (7,706)     (5,213)  
Finance costs paid           (4,200)     (5,686)  
Proceeds from debt facility         10,000      —   
                 
                 
                 
Repayment of debt facility         (19,969)     —   
Shares repurchased and cancelled         (1,694)     —   
Cash provided by financing activities
          116,574      87,680   
                 
Effect of exchange rate on cash and cash equivalents held in foreign currencies           397      1,225   
Increase in cash and cash equivalents           69,172      110,771   
Cash and cash equivalents, beginning of the year           169,009      57,013   
Cash and cash equivalents, end of year           $238,578      $169,009   
                 
Cash           $207,132      $161,268   
Short-term investments           31,446      7,741   
Cash and cash equivalents, end of year           $238,578      $169,009   
                 
Supplemental cash flow information
             
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 3



           
CONSOLIDATED STATEMENTS OF FINANCIAL POSITION
AS AT DECEMBER 31, 2020 AND 2019
Audited Consolidated Financial Statements (In thousands of US dollars)
The Consolidated Statements of Financial Position provides a summary of assets, liabilities and equity, as well as their current versus non-current nature, as at the reporting date.
                                   
  Note   December 31, 2020   December 31, 2019
Assets          
           
Current assets
         
Cash and cash equivalents     $238,578      $169,009   
Trade and other receivables     4,271      4,295   
Value added taxes receivable   41,641      29,637   
           
Inventories   32,512      30,517   
Other financial assets   36,319      7,488   
Prepaid expenses and other     2,725      2,033   
Total current assets
    356,046      242,979   
           
Non-current assets
         
Mining interests   509,730      463,391   
Property, plant and equipment   258,220      236,639   
Right-of-use assets   14,330      12,034   
Deposits on non-current assets     14,246      2,189   
Non-current income taxes receivable   —      4,579   
Non-current value added taxes receivable   15,301      —   
Deferred tax assets   69,644      51,141   
Total assets
    $1,237,517      $1,012,952   
           
Liabilities and Equity
         
           
Current liabilities
         
Trade and other payables   $76,002      $59,123   
           
Unearned revenue   2,717      4,486   
Current portion of debt facilities   10,975      1,175   
Current portion of lease liabilities   5,358      6,920   
           
           
Income taxes payable   6,574      149   
Total current liabilities
    101,626      71,853   
           
Non-current liabilities
         
Debt facilities   141,733      154,643   
Lease liabilities   15,217      15,016   
Decommissioning liabilities   51,471      40,528   
Other liabilities     5,406      4,675   
Non-current income taxes payable   23,099      —   
Deferred tax liabilities   48,729      63,916   
Total liabilities
    $387,281      $350,631   
           
Equity          
Share capital     1,087,139      933,182   
Equity reserves     101,997      90,692   
Accumulated deficit     (338,900)     (361,553)  
Total equity
    $850,236      $662,321   
Total liabilities and equity
    $1,237,517      $1,012,952   
           
Commitments (Note 14; Note 24(c)); Subsequent event (Note 29)
       
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 4



           
CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY
FOR THE YEARS ENDED DECEMBER 31 2020 AND 2019
Audited Consolidated Financial Statements (In thousands of US dollars, except share and per share amounts)
The Consolidated Statements of Changes in Equity summarizes movements in equity, including common shares, share capital, equity reserves and retained earnings or accumulated deficit.
                                                                                         
   Share Capital    Equity Reserves  
Accumulated deficit
 
   Shares    Amount  
Share-based payments(a)
 
Other comprehensive income(loss)(b)
 
Equity component of convertible debenture(c)
  Total equity reserves    Total equity
Balance at December 31, 2018 193,873,335      $827,622      $71,715      ($2,849)     $19,164      $88,030      ($321,079)   $594,573   
Net loss for the year —      —      —      —      —      —      (40,474)   (40,474)  
Other comprehensive income —      —      —      317      —      317      —    317   
Total comprehensive loss                   317            317      (40,474)   (40,157)  
Share-based payments —      —      9,319      —      —      9,319      —    9,319   
                             
Shares issued for:                            
                             
Prospectus offerings (Note 23(a))
11,172,982      81,916      —      —      —      —      —    81,916   
Exercise of stock options (Note 23(b))
2,918,518      22,649      (5,986)     —      —      (5,986)     —    16,663   
                             
Settlement of restricted share units
(Note 23(c))
145,576      988      (988)     —      —      (988)     —    —   
Shares cancelled 1,661          —      —      —      —      —     
                             
                             
Balance at December 31, 2019 208,112,072      $933,182      $74,060      ($2,532)     $19,164      $90,692      ($361,553)   $662,321   
                             
                             
Net earnings for the year —      —      —      —      —      —      23,087    23,087   
Other comprehensive income —      —      —      9,945      —      9,945      —    9,945   
Total comprehensive income                   9,945            9,945      23,087    33,032   
Share-based payments —      —      8,255      —      —      8,255      —    8,255   
                             
                             
Shares issued for:                            
Prospectus offerings (Note 23(a))
10,654,338      126,132      —      —      —      —      —    126,132   
Exercise of stock options (Note 23(b))
2,473,926      19,914      (5,903)     —      —      (5,903)     —    14,011   
Acquisition of Springpole Silver Stream (Note 14(c))
805,698      7,479      —      —      —      —      —    7,479   
Acquisition of mining interests 66,997      700      —      —      —      —      —    700   
Settlement of restricted share units
(Note 23(c))
127,000      992      (992)     —      —      (992)     —    —   
                             
Shares repurchased and cancelled
(Note 23(e))
(275,000)     (1,260)     —      —      —      —      (434)   (1,694)  
                             
Balance at December 31, 2020 221,965,031      $1,087,139      $75,420      $7,413      $19,164      $101,997      ($338,900)   $850,236   

(a)Share-based payments reserve records the cumulative amount recognized under IFRS 2 share-based payments in respect of stock options granted, restricted share units and shares purchase warrants issued but not exercised or settled to acquire shares of the Company.
(b)Other comprehensive income reserve principally records the unrealized fair value gains or losses related to fair value through other comprehensive income ("FVTOCI") financial instruments and re-measurements arising from actuarial gains or losses and return on plan assets in relation to San Dimas' retirement benefit plan.
(c)Equity component of convertible debenture reserve represents the estimated fair value of its conversion option of $26.3 million, net of deferred tax effect of $7.1 million. This amount is not subsequently remeasured and will remain in equity until the conversion option is exercised, in which case, the balance recognized in equity will be transferred to share capital. Where the conversion option remains unexercised at the maturity date of the convertible note, the balance will remain in equity reserves.
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 5



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  


1. NATURE OF OPERATIONS

First Majestic Silver Corp. (the “Company” or “First Majestic”) is in the business of silver production, development, exploration, and acquisition of mineral properties with a focus on silver production in Mexico. The Company owns three producing mines: the San Dimas Silver/Gold Mine, the Santa Elena Silver/Gold Mine and the La Encantada Silver Mine, four mines in suspension: the San Martin Silver Mine, the Del Toro Silver Mine, the La Parrilla Silver Mine and the La Guitarra Silver/Gold Mine, and several exploration stage projects.

First Majestic is incorporated in Canada with limited liability under the legislation of the Province of British Columbia and is publicly listed on the New York Stock Exchange under the symbol “AG”, on the Toronto Stock Exchange under the symbol “FR” and on the Frankfurt Stock Exchange under the symbol “FMV”. The Company’s head office and principal address is located at 925 West Georgia Street, Suite 1800, Vancouver, British Columbia, Canada, V6C 3L2.


2. BASIS OF PRESENTATION

These audited consolidated financial statements have been prepared in accordance with International Financial Reporting Standards as issued by the International Accounting Standards Board (“IFRS”). The significant accounting policies, estimates and judgments applied in preparing these consolidated financial statements are summarized in Note 3 of the consolidated financial statements and have been consistently applied throughout all periods presented.

These audited consolidated financial statements have been prepared on an historical cost basis except for certain items that are measured at fair value including derivative financial instruments (Note 24(a)) and other financial assets (Note 13). All dollar amounts presented are in thousands of United States dollars unless otherwise specified.

These audited consolidated financial statements incorporate the financial statements of the Company and its controlled subsidiaries. Control exists when the Company has the power, directly or indirectly, to govern the financial and operating policies of an entity so as to obtain benefits from its activities. The consolidated financial statements include the accounts of the Company and its subsidiaries (see Note 27). Intercompany balances, transactions, income and expenses are eliminated on consolidation. 

These audited consolidated financial statements of First Majestic Silver Corp. for the years ended December 31, 2020 and 2019 were approved and authorized for issue by the Board of Directors on February 18, 2021.


3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS

The preparation of audited consolidated financial statements in conformity with IFRS requires management to make judgments, estimates and assumptions about future events that affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Although these estimates are based on management’s best knowledge of the amounts, events or actions, actual results may differ from these estimates.

Amended IFRS standards that are effective for the current year

In the current year, the Company has applied the below amendments to IFRS Standards and Interpretations issued by the International Accounting Standards Board ("IASB") that were effective for annual periods that begin on or after January 1, 2020. Their adoption has not had any material impact on the disclosures or on the amounts reported in these financial statements.

Interest Rate Benchmark Reform (Amendments to IFRS 9, IAS 39 and IFRS 7)

The amendments in Interest Rate Benchmark Reform (Amendments to IFRS 9, IAS 39 and IFRS 7) clarify that entities would continue to apply certain hedge accounting requirements assuming that the interest rate benchmark on which the hedged cash flows and cash flows from the hedging instrument are based will not be altered as a result of interest rate benchmark reform. This amendment did not have a significant impact to the Company's financial statements as the Company does not currently apply hedge accounting.



           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 6


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)

Amendments to IFRS 16 Leases

To provide practical relief to lessees in accounting for rent concessions arising as a result of COVID-19 the International Accounting Standards Board ("IASB") proposed an amendment to IFRS 16 which provides lessees with a practical expedient that relieves a lessee from assessing whether a COVID-19-related rent concession is a lease modification. The amendment is effective for annual reporting periods beginning on or after June 1, 2020, with earlier application permitted. This amendment did not have a significant impact to the Company's financial statements as the Company has not received any COVID-19 related rent concessions as of the date of these financial statements.

Amendments to IFRS 3 Definition of a Business

The amendments clarify that while businesses usually have outputs, outputs are not required for an integrated set of activities and assets to qualify as a business. To be considered a business an acquired set of activities and assets must include, at a minimum, an input and a substantive process that together significantly contribute to the ability to create outputs.

Additional guidance is provided that helps to determine whether a substantive process has been acquired.

The amendments introduce an optional concentration test that permits a simplified assessment of whether an acquired set of activities and assets is not a business. Under the optional concentration test, the acquired set of activities and assets is not a business if substantially all of the fair value of the gross assets acquired is concentrated in a single identifiable asset or group of similar assets.
 
The amendments are applied prospectively to all business combinations and asset acquisitions for which the acquisition date is on or after the first annual reporting period beginning on or after January 1, 2020. The Company will assess the impact of these amendments on future acquisitions to all business combinations and asset acquisitions.

Business Combinations
                 
Accounting Policy:
 
Acquisitions of businesses are accounted for using the acquisition method. The consideration of each business combination is measured, at the date of the exchange, as the aggregate of the fair value of assets given, liabilities incurred or assumed and equity instruments issued by the Company to the former owners of the acquiree in exchange for control of the acquiree. Acquisition-related costs incurred for the business combination are expensed. The acquiree’s identifiable assets, liabilities and contingent liabilities are recognized at their fair value at the acquisition date.

Goodwill arising on acquisition is recognized as an asset and initially measured at cost, being the excess of the consideration of the acquisition over the Company’s interest in the fair value of the net identifiable assets, liabilities and contingent liabilities recognized. If the Company’s interest in the fair value of the acquiree’s net identifiable assets, liabilities and contingent liabilities exceeds the cost of the acquisition, the excess is recognized in earnings or loss immediately. Goodwill may also arise as a result of the requirement under IFRS to record a deferred tax liability on the excess of the fair value of the acquired assets over their corresponding tax bases, with the corresponding offset recorded as goodwill.











           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 7


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)

Goodwill
                 
Accounting Policy:   Goodwill arising on the acquisition of a business is carried at cost as established at the date of the acquisition less accumulated impairment losses, if any. Goodwill is allocated to each of the Company’s cash-generating units that is expected to benefit from the synergies of the acquisition. A cash-generating unit to which goodwill has been allocated is tested for impairment annually, or more frequently when there is an indication that the unit may be impaired. If the recoverable amount of the cash-generating unit is less than its carrying amount, the impairment loss is allocated first to reduce the carrying amount of any goodwill allocated to the unit and then to the other assets of the unit pro-rata based on the carrying amount of each asset in the unit. Any impairment loss for goodwill is recognized directly in profit or loss in the consolidated statements of earnings or loss. An impairment loss recognized for goodwill is not reversed in subsequent periods. As at December 31, 2020, the Company had $nil goodwill (2019 - $nil).
Foreign Currency
                 
Accounting Policy:  
The consolidated financial statements are presented in U.S. dollars. The individual financial statements of each entity are presented in their functional currency, which is the currency of the primary economic environment in which the entity operates.

Transactions in foreign currencies are translated into the entities’ functional currencies at the exchange rates at the date of the transactions. Monetary assets and liabilities of the Company’s operations denominated in a currency other than the U.S. dollar are translated using exchange rates prevailing at the date of the statement of financial position. Non-monetary items that are measured in terms of historical cost in a foreign currency are translated using the exchange rates on the dates of the transactions. Revenue and expense items are translated at the exchange rates in effect at the date of the underlying transaction, except for depletion and depreciation related to non-monetary assets, which are translated at historical exchange rates. Exchange differences are recognized in the statements of earnings or loss in the period in which they arise.
                 
Accounting Estimates and Judgments:  
Determination of Functional Currency


The functional currency for each of the Company’s subsidiaries is the currency of the primary economic environment in which the entity operates. The Company has determined that the functional currency of each entity is the U.S. dollar. Determination of functional currency may involve certain judgments to determine the primary economic environment and the Company reconsiders the functional currency of its entities if there is a change in events and conditions which determined the primary economic environment.

Revenue Recognition (Note 5)
                 
Accounting Policy:
  The Company's primary product is silver. Other metals, such as gold, lead and zinc, produced as part of the extraction process are considered to be by-products arising from the production of silver. Smelting and refining charges are net against revenue from the sale of metals.

Revenue relating to the sale of metals is recognized when control of the metal or related services are transferred to the customer in an amount that reflects the consideration the Company expects to receive in exchange for the metals.

When considering whether the Company has satisfied its performance obligation, it considers the indicators of the transfer of control, which include, but are not limited to, whether: the Company has a present right to payment; the customer has legal title to the asset; the Company has transferred physical possession of the asset to the customer; and the customer has the significant risks and rewards of ownership of the asset.
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 8


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)

Revenue Recognition (Note 5) (continued)
                 
Accounting Policy:
(continued)
  Metals in doré sold are priced on date of transfer of control. Final weights and assays are adjusted on final settlement which is approximately one month after delivery. Metals in concentrate sold are provisionally priced at the date of transfer of control as the final selling price is subject to movements in the monthly average prices up to the final settlement date, typically one to three months after delivery to the customer. Upon transfer of control of the concentrate, the Company recognizes revenue on a provisional basis based on spot price and, at each period end, subsequently re-estimated by reference to forward market prices of the estimated month of settlement, with the impact of changes in the forward market prices recognized as revenue adjustments as they occur until final settlement.

Revenue from the sale of coins, ingots and bullion is recorded when the products have been shipped and funds have been received. When cash was received from customers prior to shipping of the related finished goods, the amounts are recorded as unearned revenue until the products are shipped.

                 
Accounting Estimates and Judgments:  
Determination of Performance Obligations

The Company applied judgment to determine if a good or service that is promised to a customer is distinct based on whether the customer can benefit from the good or service on its own or together with other readily available resources and whether the good or service is separately identifiable. Based on these criteria, the Company determined the primary performance obligation relating to its sales contracts is the delivery of the bullion, doré and concentrates. Shipping and insurance services arranged by the Company for its concentrate sales customers that occur after the transfer of control are also considered to be performance obligations.
Inventories (Note 12)
                 
Accounting Policy:  
Mineral inventories, including stockpiled ore, work in process and finished goods, are valued at the lower of weighted average cost and estimated net realizable value. Cost includes all direct costs incurred in production including direct labour and materials, freight, depreciation and amortization and directly attributable overhead costs. Net realizable value is calculated as the estimated price at the time of sale based on prevailing and future metal prices less estimated future production costs to convert the inventories into saleable form.

Any write-downs of inventory to net realizable value are recorded as cost of sales. If there is a subsequent increase in the value of inventories, the previous write-downs to net realizable value are reversed to the extent that the related inventory has not been sold.
                 
   
Stockpiled ore inventory represents ore that has been extracted from the mine and is available for further processing. Costs added to stockpiled ore inventory are valued based on current mining cost per tonne incurred up to the point of stockpiling the ore and are removed at the weighted average cost per tonne. Stockpiled ore tonnage is verified by periodic surveys and physical counts.

Work in process inventory includes precipitates, inventories in tanks and in the milling process. Finished goods inventory includes metals in their final stage of production prior to sale, including primarily doré and dried concentrates at our operations and finished goods in-transit.

Materials and supplies inventories are valued at the lower of weighted average cost and net realizable value. Costs include acquisition, freight and other directly attributable costs.



           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 9


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)

Exploration and Evaluation Expenditures (Note 14)
                 
Accounting Policy:  
Exploration and evaluation activity involves the search for mineral resources, the determination of technical feasibility and the assessment of commercial viability of an identified resource. Exploration and evaluation activity includes:
• acquiring the rights to explore;
• researching and analyzing historical exploration data;
• gathering exploration data through topographical, geochemical and geophysical studies;
• exploratory drilling, trenching and sampling;
• determining and examining the volume and grade of the resource;
• surveying transportation and infrastructure requirements; and
• compiling pre-feasibility and feasibility studies.

Capitalization of exploration and evaluation expenditures commences on acquisition of a beneficial interest or option in mineral rights. Capitalized costs are recorded as mining interests at cost less impairment charges, if applicable. No amortization is charged during the exploration and evaluation phase as the asset is not available for use.

The majority of the Company’s exploration and evaluation expenditures focus on mineral deposits in proximity to its existing mining operations. Where the Company is acquiring a new property, the Company makes a preliminary evaluation to determine that the property has significant potential to develop an economic ore body.

Exploration and evaluation expenditures are transferred to development or producing mining interests when technical feasibility and commercial viability of the mineral resource have been demonstrated. Factors taken into consideration include:
• there is sufficient geological certainty of converting the mineral deposit into proven and probable reserves;
• life of mine plan and economic modeling support the economic extraction of such reserves and resources;
• for new properties, a scoping study and/or feasibility study demonstrates that the additional reserves and resources will generate a positive economic outcome; and
• operating and environmental permits exist or are reasonably assured as obtainable.

Exploration and evaluation expenditures remain as exploration mining interests and do not qualify as producing mining interests until the aforementioned criteria are met. Exploration and evaluation expenditures are transferred to development or producing mining interests when the technical feasibility and commercial viability of a mineral resource has been demonstrated according to the above mentioned factors.
                 
Accounting Estimates and Judgments:  
Economic recoverability and probability of future economic benefits of exploration, evaluation and development costs

Management has determined that exploratory drilling, evaluation, development and related costs incurred which were capitalized have potential future economic benefits and are potentially economically recoverable, subject to impairment analysis. Management uses several criteria in its assessments of economic recoverability and probability of future economic benefit including geologic and metallurgic information, history of conversion of mineral deposits to proven and probable reserves, scoping and feasibility studies, accessible facilities, existing permits and life of mine plans.




           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 10


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Mining Interests (Note 14)
                 
Accounting Policy:
 
Exploration, development and field support costs directly related to mining interests are deferred until the property to which they directly relate is placed into production, sold, abandoned or subject to a condition of impairment. The deferred costs are amortized over the useful life of the ore body following commencement of production, or written off if the property is sold or abandoned. Administration costs and other exploration costs that do not relate to any specific property are expensed as incurred.

Upon commencement of commercial production, mining interests are depleted on a units-of-production basis over the estimated economic life of the mine. In applying the units of production method, depletion is determined using quantity of material extracted from the mine in the period as a portion of total quantity of material to be extracted in current and future periods based on reserves and resources considered to be highly probable to be economically extracted over the life of mine. If no published reserves and resources are available, the Company may rely on internal estimates of economically recoverable mineralized material, prepared on a basis consistent with that used for determining reserves and resources, for purpose of determining depletion.

From time to time, the Company acquires or disposes of properties pursuant to the terms of option agreements. Options are exercisable entirely at the discretion of the optionee with no obligation or sale until exercised or expired and, accordingly, are recorded as mineral property costs or recoveries when the payments are made or received.
                 
Accounting Estimates and Judgments:
 
Mineral Reserve and Resource Estimates

Mineral reserve and resource estimates affect the determination of recoverable value used in impairment assessments, the depletion and depreciation rates for non-current assets using the units of production method and the expected timing of reclamation and closure expenditures.

The figures for mineral reserves and mineral resources are determined in accordance with National Instrument 43-101 ("NI 43-101") Technical Report standards. There are numerous uncertainties inherent in estimating mineral reserves and mineral resources, including many factors beyond the Company’s control. Such estimation is a subjective process and the accuracy of any mineral reserve or mineral resource estimate is a function of the quantity and quality of available data and of the assumptions made and judgments used in engineering and geological interpretation. Differences between management’s assumptions including economic assumptions such as metal prices and market conditions could have a material effect in the future on the Company’s financial position, results of operation and cash flows.
                 
Accounting Estimates and Judgments:
 
Depletion Rate for Mining Interests

Depletion expenses are allocated based on estimated useful life of the asset. Should the expected asset life and associated depletion rate differ from the initial estimate, the change in estimate would be made prospectively in the consolidated statements of earnings or loss.









           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 11


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Stream Asset (Note 14)
                 
Accounting Policy:
 
A stream asset is a long-term metal purchase agreement for which settlement is called for in silver, the amount of which is based on production at a mine corresponding to the specific agreement. On acquisition of a stream asset, it is recorded at cost and is accounted for in accordance with IFRS 6, Exploration and Evaluation of Mineral Resources (“IFRS 6”). A stream asset where the mine corresponding to the specific agreement is an exploration and evaluation stage property is classified as exploration and evaluation asset and is assessed for impairment whenever indicators of impairment exist in accordance with IFRS 6. An impairment loss is recognized for the amount by which the asset’s carrying value exceeds its recoverable amount.

Once the technical feasibility, commercial viability and a development decision have been established, the value of the stream asset is reclassified and accounted for in accordance with IAS 16, Property, Plant and Equipment (“IAS 16”). The exploration and evaluation asset is subject to an impairment test prior to reclassification in accordance with IFRS 6. It is subsequently measured at cost less accumulated depletion and accumulated impairment losses, if any.

A producing stream asset is depleted using the units-of-production method over the life of the property to which the interest relates, which is estimated using available information of proven and probable reserves and the portion of resources expected to be classified as mineral reserves at the mine corresponding to the specific agreement.


Property, Plant and Equipment (Note 15)
                 
Accounting Policy:  
Property, plant and equipment are recorded at cost less accumulated depreciation and accumulated impairment losses. The cost of an item of property, plant and equipment includes the purchase price or construction cost, any costs directly attributable to bringing the asset to the location and condition necessary for its intended use, an initial estimate of the costs of dismantling and removing the item and restoring the site on which it is located, and borrowing costs related to the acquisition or construction of qualifying assets.

Property, plant and equipment are depreciated using either the straight-line or units-of-production method over the shorter of the estimated useful life of the asset or the expected life of mine. Where an item of property, plant and equipment comprises of major components with different useful lives, the components are accounted for as separate items of property, plant and equipment. Assets under construction are recorded at cost and re-allocated to machinery and equipment when it becomes available for use.

Depreciation commences when the asset is in the condition and location necessary for it to operate in the manner intended by management. Depreciation charges on assets that are directly related to mineral properties are allocated to those mineral properties.

The Company conducts an annual review of residual balances, useful lives and depreciation methods utilized for property, plant and equipment. Any changes in estimate that arise from this review are accounted for prospectively.









           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 12


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Property, Plant and Equipment (Note 15) (continued)
                 
Accounting Estimates and Judgments:  
Commencement of Commercial Production


Prior to reaching commercial production levels intended by management, costs incurred are capitalized as part of the related mine or mill and proceeds from mineral sales are offset against costs capitalized. Depletion of capitalized costs for mining properties and depreciation and amortization of property, plant and equipment begin when operating levels intended by management have been reached.

Determining when a mine or mill is in the condition necessary for it to be capable of operating in the manner intended by management is a matter of judgment dependent on the specific facts and circumstances. The following factors may indicate that commercial production has commenced:

• substantially all major capital expenditures have been completed to bring the asset to the condition necessary to operate in the manner intended by management;
• the mine or mill has reached a pre-determined percentage of design capacity;
• the ability to sustain a pre-determined level of design capacity for a significant period of time (i.e. the ability to process ore continuously at a steady or increasing level);
• the completion of a reasonable period of testing of the mine plant and equipment;
• the ability to produce a saleable product (i.e. the ability to produce concentrate within required sellable specifications);
• the mine or mill has been transferred to operating personnel from internal development groups or external contractors; and
• mineral recoveries are at or near the expected production levels.
                 
Accounting Estimates and Judgments:  
Depreciation and Amortization Rates for Property, Plant and Equipment

Depreciation and amortization expenses are allocated based on estimated useful life of the asset. Should the expected asset life and associated depreciation rates differ from the initial estimate, the change in estimate would be made prospectively in the consolidated statements of earnings or loss.
Borrowing Costs
                 
Accounting Policy:   Borrowing costs directly attributable to the acquisition, construction or production of a qualifying asset that takes a substantial period of time to get ready for its intended use are capitalized as part of the cost of the asset until the asset is substantially ready for its intended use. Other borrowing costs are recognized as an expense in the period incurred. As at December 31, 2020 and 2019, the Company does not have any qualifying assets under construction.

Right of Use Assets (Note 16) and Lease Liabilities (Note 20)
                 
Accounting Policy:  
Effective January 1, 2019, the Company assesses whether a contract is or contains a lease, at inception of the contract. The Company recognizes a right-of-use asset and a corresponding lease liability with respect to all lease arrangements in which it is the lessee, except for short-term leases (defined as leases with a lease term of 12 months or less) and leases of low value assets (such as tablets and personal computers, small items of office furniture and telephones). For short-term and low value leases, the Company recognizes the lease payments as an operating expense on a straight-line basis over the term of the lease.

The lease liability is initially measured at the present value of the lease payments that are not paid at the commencement date, discounted by using the rate implicit in the lease. If this rate cannot be readily determined, the lessee uses its incremental borrowing rate.

Lease payments included in the measurement of the lease liability comprise:
• fixed lease payments (including in-substance fixed payments), less any lease incentives receivable;
• variable lease payments that depend on an index or rate, initially measured using the index or rate at the commencement date;
• the amount expected to be payable by the lessee under residual value guarantees;
• the exercise price of purchase options, if the lessee is reasonably certain to exercise the options; and
• payments of penalties for terminating the lease, if the lease term reflects the exercise of an option to terminate the lease.
  
The lease liability is subsequently measured by increasing the carrying amount to reflect interest on the lease liability (using the effective interest method) and by reducing the carrying amount to reflect the lease payments made.

The Company remeasures the lease liability (and makes a corresponding adjustment to the related right-of-use asset) whenever:
• the lease term has changed or there is a significant event or change in circumstances resulting in a change in the assessment of exercise of a purchase option, in which case the lease liability is remeasured by discounting the revised lease payments using a revised discount rate.
• the lease payments change due to changes in an index or rate or a change in expected payment under a guaranteed residual value, in which case the lease liability is remeasured by discounting the revised lease payments using an unchanged discount rate (unless the lease payments change is due to a change in a floating interest rate, in which case a revised discount rate is used).
• a lease contract is modified and the lease modification is not accounted for as a separate lease, in which case the lease liability is remeasured based on the lease term of the modified lease by discounting the revised lease payments using a revised discount rate at the effective date of the modification.



           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 13


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Right of Use Assets (Note 16) and Lease Liabilities (Note 20) (continued)
                 
Accounting Policy (continued):  
Lease payments included in the measurement of the lease liability comprise:
• fixed lease payments (including in-substance fixed payments), less any lease incentives receivable;
• variable lease payments that depend on an index or rate, initially measured using the index or rate at the commencement date;
• the amount expected to be payable by the lessee under residual value guarantees;
• the exercise price of purchase options, if the lessee is reasonably certain to exercise the options; and
• payments of penalties for terminating the lease, if the lease term reflects the exercise of an option to terminate the lease.
  
The lease liability is subsequently measured by increasing the carrying amount to reflect interest on the lease liability (using the effective interest method) and by reducing the carrying amount to reflect the lease payments made.

The Company remeasures the lease liability (and makes a corresponding adjustment to the related right-of-use asset) whenever:
• the lease term has changed or there is a significant event or change in circumstances resulting in a change in the assessment of exercise of a purchase option, in which case the lease liability is remeasured by discounting the revised lease payments using a revised discount rate.
• the lease payments change due to changes in an index or rate or a change in expected payment under a guaranteed residual value, in which case the lease liability is remeasured by discounting the revised lease payments using an unchanged discount rate (unless the lease payments change is due to a change in a floating interest rate, in which case a revised discount rate is used).
• a lease contract is modified and the lease modification is not accounted for as a separate lease, in which case the lease liability is remeasured based on the lease term of the modified lease by discounting the revised lease payments using a revised discount rate at the effective date of the modification.

                 
Accounting Policy:  
The right-of-use assets comprise of the initial measurement of the corresponding lease liability, lease payments made at or before the commencement day, less any lease incentives received and any initial direct costs. They are subsequently measured at cost less accumulated depreciation and impairment losses.

Right-of-use assets are depreciated over the shorter period of lease term and useful life of the underlying asset. If a lease transfers ownership of the underlying asset or the cost of the right-of-use asset reflects that the Company expects to exercise a purchase option, the related right-of-use asset is depreciated over the useful life of the underlying asset. The depreciation starts at the commencement date of the lease.

As a practical expedient, IFRS 16 permits a lessee not to separate non-lease components, and instead account for any lease and associated non-lease components as a single arrangement.

Lease payments are apportioned between finance expenses and reduction of the lease obligation so as to achieve a constant rate of interest on the remaining balance of the liability. Finance expenses are recognized immediately in profit or loss, unless they are directly attributable to qualifying assets, in which case they are capitalized in accordance with the Company’s general policy on borrowing costs.



           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 14


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Impairment of Non-Current Assets (Note 17)
                 
Accounting Policy:   At each statement of financial position date, the Company reviews the carrying amounts of its non-current assets to determine whether there is any indication that those assets are impaired. If any such indication exists, the recoverable amount of the asset is estimated in order to determine the extent of the impairment, if any. Where the asset does not generate independent cash inflows, the Company estimates the recoverable amount of the cash generating unit (“CGU”) to which the asset belongs.

If the recoverable amount of the asset or CGU is determined to be less than its carrying amount, the carrying amount of the asset or CGU is reduced to its recoverable amount and an impairment loss is recognized as an expense in the consolidated statements of earnings or loss. Recoverable amount is the higher of fair value less costs of disposal (“FVLCD”) and value in use (“VIU”).

FVLCD is determined as the amount that would be obtained from the sale of the asset or CGU in an arm’s length transaction between knowledgeable and willing parties. The Company considers the use of a combination of its internal discounted cash flow economic models and in-situ value of reserves, resources and exploration potential of each CGU for estimation of its FVLCD. These cash flows are discounted by an appropriate post-tax discount rate to arrive at a net present value of the asset. VIU is determined as the present value of the estimated cash flows expected to arise from the continued use of the asset or CGU in its present form and its eventual disposal. VIU is determined by applying assumptions specific to the Company’s continued use and does not take into account future development.

Where an impairment loss subsequently reverses, the carrying amount of the asset or CGU is increased to the revised estimate of its recoverable amount, so that the increased carrying amount does not exceed the carrying amount that would have been determined had no impairment been recognized for the asset or CGU in prior periods, adjusted for additional amortization which would have been recorded had the asset or CGU not been impaired. A reversal of an impairment loss is recognized as a gain in the statements of earnings or loss.
                 
Accounting Estimates and Judgments:  
Indications of Impairment and Reversal of Impairment

Management considers both external and internal sources of information in assessing whether there are any indications that the Company’s property, plant and equipment and mining interests are impaired or previous impairments should be reversed. External sources of information management considers include changes in the market, economic and legal environment in which the Company operates that are not within its control and affect the recoverable amount of its property, plant and equipment and mining interests. Internal sources of information management consider include the manner in which mining properties and plant and equipment are being used or are expected to be used and indications of economic performance of the assets.

For exploration and evaluation assets, indications include but are not limited to expiration of the right to explore, substantive expenditure in the specific area is neither budgeted nor planned, and if the entity has decided to discontinue exploration activity in the specific area.

Fair Value Estimates

In determining the recoverable amounts of the Company’s property, plant and equipment and mining interests, management makes estimates of the discounted future cash flows expected to be derived from the Company’s mining properties, costs of disposal of the mining properties and the appropriate discount rate. Reductions in metal price forecasts, increases in estimated future costs of production, increases in estimated future capital expenditures, reductions in the amount of recoverable reserves, resources, and exploration potential, and/or adverse current economics can result in an impairment of the carrying amounts of the Company’s non-current assets. Conversely, favourable changes to the aforementioned factors can result in a reversal of previous impairments.







           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 15


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Share-based Payment Transactions (Note 23(b))
                 
Accounting Policy:  
Employees (including directors and officers) of the Company may receive a portion of their remuneration in the form of stock options which are share‐based payment transactions (“share-based payments”). Stock options issued to employees are measured by reference to their fair value using the Black-Scholes model at the date on which they were granted. Forfeitures are estimated at grant date and adjusted prospectively based on actual forfeitures. Share-based payments expense, for stock options that are forfeited or cancelled prior to vesting, is reversed. The costs of share-based payments are recognized, together with a corresponding increase in the equity reserve, over the period in which the services and/or performance conditions are fulfilled, ending on the date on which the relevant employees become fully entitled to the award (“the vesting date”). On exercise by the employee, the associated option value in the equity reserve is reclassified to share capital.

The Company adopted the 2019 LTIP to allow the Company to grant to its directors, employees and consultants non-transferable Restricted Share Units ("RSU's") based on the value of the Company's share price at the date of grant. Unless otherwise stated, the awards typically have a graded vesting schedule over a three-year period and can be settled either in cash or equity upon vesting at the discretion of the Company. The Company intends to settle all RSU's in equity.

In situations where equity instruments are issued to non‐employees, the share-based payments are measured at the fair value of goods or services received. If some or all of the goods or services received by the Company as consideration cannot be specifically identified, they are measured at the fair value of the share‐based payment.
                 
Accounting Estimates and Judgments:  
Valuation of Share-based Payments

The Company uses the Black-Scholes Option Pricing Model for valuation of share-based payments. Option pricing models require the input of subjective assumptions including expected price volatility, interest rate and forfeiture rate. Changes in the input assumptions can materially affect the fair value estimate and the Company’s earnings and equity reserves.
Taxation (Note 22)
                 
Accounting Policy:  
Current and deferred tax are recognized in profit or loss, except when they relate to items that are recognized in other comprehensive income or directly in equity, in which case they are recognized in other comprehensive income or directly in equity.

Current income tax is based on taxable earnings for the year. The tax rates and tax laws to compute the amount payable are those that are substantively enacted in each tax regime at the date of the statement of financial position.

Deferred income tax is recognized, using the liability method, on temporary differences between the carrying value of assets and liabilities in the statement of financial position, unused tax losses, unused tax credits and the corresponding tax bases used in the computation of taxable earnings, based on tax rates and tax laws that are substantively enacted at the date of the statement of financial position and are expected to apply when the related deferred tax asset is realized or the deferred tax liability is settled.

Deferred tax liabilities are recognized for taxable temporary differences associated with investments in subsidiaries, and interests in joint ventures, except where the timing of the reversal of the temporary difference is controlled by the Company and it is probable that the temporary difference will not reverse in the foreseeable future.

Deferred tax assets are recognized for all deductible temporary differences to the extent that the realization of the related tax benefit through future taxable earnings is probable.

Deferred tax assets and liabilities are offset when there is a legally enforceable right to offset the current tax assets against the current tax liabilities and when they relate to income taxes levied by the same taxation authority and the Company intends to settle its current tax assets and liabilities on a net basis.






           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 16


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)

Taxation (Note 22) (continued)
                 
Accounting Policy (continued):  
Deferred tax liabilities are recognized for taxable temporary differences associated with investments in subsidiaries, and interests in joint ventures, except where the timing of the reversal of the temporary difference is controlled by the Company and it is probable that the temporary difference will not reverse in the foreseeable future.

Deferred tax assets are recognized for all deductible temporary differences to the extent that the realization of the related tax benefit through future taxable earnings is probable.

Deferred tax assets and liabilities are offset when there is a legally enforceable right to offset the current tax assets against the current tax liabilities and when they relate to income taxes levied by the same taxation authority and the Company intends to settle its current tax assets and liabilities on a net basis.
                 
Accounting Estimates and Judgments:  
Recognition of Deferred Income Tax Assets

In assessing the probability of realizing income tax assets recognized, management makes estimates related to expectations of future taxable income, applicable tax opportunities, expected timing of reversals of existing temporary differences and the likelihood that tax positions taken will be sustained upon examination by applicable tax authorities. In making its assessments, management gives additional weight to positive and negative evidence that can be objectively verified.

Estimates of future taxable income are based on forecasted cash flows from operations and the application of existing tax laws in each jurisdiction. Forecasted cash flows from operations are based on life of mine projections internally developed, reviewed by management and are consistent with the forecasts utilized for business planning and impairment testing purposes. Weight is attached to tax planning opportunities that are within the Company’s control, and are feasible and implementable without significant obstacles. The likelihood that tax positions taken will be sustained upon examination by applicable tax authorities is assessed based on individual facts and circumstances of the relevant tax position evaluated in light of all available evidence. Where applicable tax laws and regulations are either unclear or subject to ongoing varying interpretations, it is reasonably possible that changes in these estimates can occur that materially affect the amounts of income tax assets recognized. At the end of each reporting period, the Company reassesses recognized and unrecognized income tax assets.
                 
Accounting Estimates and Judgments:  
Tax Contingencies

The Company’s operations involve dealing with uncertainties and judgments in the application of tax regulations in multiple jurisdictions. The final taxes paid are dependent upon many factors, including negotiations with tax authorities in various jurisdictions and resolution of disputes arising from tax audits. The Company recognizes potential liabilities and records tax liabilities for anticipated tax audit issues based on its estimate of whether, and the extent to which, additional taxes will be due. The Company adjusts these liabilities in light of changing facts and circumstances; however, due to the complexity of some of these uncertainties, the ultimate resolution may result in a payment that is materially different from the Company’s current estimate of the tax liabilities. If the Company’s estimate of tax liabilities proves to be less than the ultimate assessment, an additional charge to expense would result. If the estimate of tax liabilities proves to be greater than the ultimate assessment, a tax benefit would result.
Cash and Cash Equivalents
                 
Accounting Policy:   Cash in the statement of financial position includes cash on hand and held at banks and cash equivalents include short-term guaranteed investment certificates redeemable within three months or less at the date of purchase.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 17


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Financial Instruments
                 
Accounting Policy:   Financial assets and financial liabilities are recognized when the Company becomes a party to the contractual provisions of the instrument. On initial recognition, all financial assets and financial liabilities are recorded at fair value, net of attributable transaction costs, except for financial assets and liabilities classified as at fair value through profit or loss (“FVTPL”). The directly attributable transaction costs of financial assets and liabilities classified as at FVTPL are expensed in the period in which they are incurred.

Subsequent measurement of financial assets and liabilities depends on the classifications of such assets and liabilities.

                 
   
Amortized cost

Financial assets that meet the following conditions are measured subsequently at amortized cost:
the financial asset is held within a business model whose objective is to hold financial assets in order to collect contractual cash flows, and
the contractual terms of the financial asset give rise on specified dates to cash flows that are solely payments of principal and interest on the principal amount outstanding.

The amortized cost of a financial asset is the amount at which the financial asset is measured at initial recognition minus the principal repayments, plus the cumulative amortization using effective interest method of any difference between that initial amount and the maturity amount, adjusted for any loss allowance. Interest income is recognized using the effective interest method.

The Company's financial assets at amortized cost primarily include cash and cash equivalents, trade and other receivables and value added taxes receivable included in other current and non-current financial assets in the Consolidated Statement of Financial Position.

Fair value through other comprehensive income ("FVTOCI")

Financial assets that meet the following conditions are measured at FVTOCI:
The financial asset is held within a business model whose objective is achieved by both collecting contractual cash flows and selling financial assets; and
The contractual terms of the financial asset give rise on specified dates to cash flows that are solely payments of principal and interest on the principal amount outstanding.

The Company has designated certain investments in marketable securities that are not held for trading as FVTOCI (note 13).

On initial recognition, the Company may make an irrevocable election (on an instrument-by-instrument basis) to designate investments in equity instruments that would otherwise be measured at fair value through profit or loss to present subsequent changes in fair value in other comprehensive income. Designation at FVTOCI is not permitted if the equity investment is held for trading or if it is contingent consideration recognized by an acquirer in a business combination. Investments in equity instruments at FVTOCI are initially measured at fair value plus transaction costs. Subsequently, they are measured at fair value with gains and losses arising from changes in fair value recognized in OCI. The cumulative gain or loss is not reclassified to profit or loss on disposal of the equity instrument, instead, it is transferred to retained earnings.

Financial assets measured subsequently at fair value through profit or loss (“FVTPL”)

By default, all other financial assets, including derivatives, are measured subsequently at FVTPL.

The Company, at initial recognition, may also irrevocably designate a financial asset as measured at FVTPL if doing so eliminates or significantly reduces a measurement or recognition inconsistency that would otherwise arise from measuring assets or liabilities or recognizing the gains and losses on them on different bases.

Financial assets measured at FVTPL are measured at fair value at the end of each reporting period, with any fair value gains or losses recognized in profit or loss to the extent they are not part of a designated hedging relationship. Fair value is determined in the manner described in note 24. The Company's financial assets at FVTPL include its account receivable arising from sales of metal contained in concentrates.
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 18


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)

Financial Instruments (continued)
                 
Accounting Policy:
 
Financial assets measured subsequently at fair value through profit or loss (“FVTPL”)

By default, all other financial assets, including derivatives, are measured subsequently at FVTPL.

The Company, at initial recognition, may also irrevocably designate a financial asset as measured at FVTPL if doing so eliminates or significantly reduces a measurement or recognition inconsistency that would otherwise arise from measuring assets or liabilities or recognizing the gains and losses on them on different bases.

Financial assets measured at FVTPL are measured at fair value at the end of each reporting period, with any fair value gains or losses recognized in profit or loss to the extent they are not part of a designated hedging relationship. Fair value is determined in the manner described in note 24. The Company's financial assets at FVTPL include its account receivable arising from sales of metal contained in concentrates.
                 
   
Financial liabilities and equity

Debt and equity instruments are classified as either financial liabilities or as equity in accordance with the substance of the contractual arrangements and the definitions of a financial liability and an equity instrument.

An equity instrument is any contract that evidences a residual interest in the assets of the Company after deducting all its liabilities. Equity instruments issued by the Company are recognized at the proceeds received, net of direct issue costs. Repurchase of the Company’s own equity instruments is recognized and deducted directly in equity. No gain or loss is recognized in profit or loss on the purchase, sale, issue or cancellation of the Company’s own equity instruments.

Financial liabilities that are not contingent consideration of an acquirer in a business combination, held for trading or designated as FVTPL, are measured at amortized cost using the effective interest method. The Company's financial liabilities at amortized cost primarily include trade and other payables, debt facilities (note 19) and lease liabilities (note 20).


Provisions (Note 21)
                 
Accounting Policy:   Provisions are recognized when the Company has a present legal or constructive obligation as a result of a past event, it is probable that the Company will be required to settle the obligation, and a reliable estimate of the obligation can be made. The amount recognized as a provision is the present value of the expenditures expected to be required to settle the obligation using a pre-tax discount rate that reflects current market assessment of the time value of money and the risks specific to the obligation. The increase in the provision due to the passage of time is recognized as finance costs.
                 
Accounting Estimates and Judgments:  
Estimated Reclamation and Closure Costs

The Company’s provision for decommissioning liabilities represents management’s best estimate of the present value of the future cash outflows required to settle estimated reclamation and closure costs at the end of the mine’s life. The provision reflects estimates of future costs, inflation, movements in foreign exchange rates and assumptions of risks associated with the future cash outflows, and the applicable risk-free interest rates for discounting the future cash outflows. Changes in the above factors can result in a change to the provision recognized by the Company.

Changes to reclamation and closure cost obligations are recorded with a corresponding change to the carrying amounts of related mining properties. Adjustments to the carrying amounts of related mining properties can result in a change to future depletion expense.
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 19


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
3. SIGNIFICANT ACCOUNTING POLICIES, ESTIMATES AND JUDGMENTS (continued)
Earnings or Loss per Share (Note 11)
                 
Accounting Policy:   Basic earnings or loss per share for the period is calculated by dividing the earnings or loss attributable to equity holders of the Company by the weighted average number of shares outstanding during the reporting period.

Diluted earnings or loss per share is calculated by adjusting the weighted average number of shares outstanding to assume conversion of all potentially dilutive share equivalents, such as stock options and share purchase warrants, and assumes the receipt of proceeds upon exercise of the options to determine the number of shares assumed to be purchased at the average market price during the period.

Future Changes in Accounting Policies Not Yet Effective as at December 31, 2020

Interest Rate Benchmark Reform — Phase 2 (Amendments to IFRS 9, IAS 39, IFRS 7, IFRS 4 and IFRS 16)

The amendments in Interest Rate Benchmark Reform — Phase 2 (Amendments to IFRS 9, IAS 39, IFRS 7, IFRS 4 and IFRS 16) introduce a practical expedient for modifications required by the reform, clarify that hedge accounting is not discontinued solely because of the IBOR reform, and introduce disclosures that allow users to understand the nature and extent of risks arising from the IBOR reform to which the entity is exposed to and how the entity manages those risks as well as the entity’s progress in transitioning from IBORs to alternative benchmark rates, and how the entity is managing this transition.

The amendments are applied on or after the first annual reporting period beginning on or after January 1, 2021, with early application permitted. This amendment is not expected to have a material impact on the Company’s financial statements.

Property, Plant and Equipment — Proceeds before Intended Use (Amendments to IAS 16)
The amendments prohibit deducting from the cost of an item of property, plant and equipment any proceeds from selling items produced while bringing that asset to the location and condition necessary for it to be capable of operating in the manner intended by management. Instead, an entity recognises the proceeds from selling such items, and the cost of producing those items, in profit or loss.

The amendments are applied on or after the first annual reporting period beginning on or after January 1, 2022, with early application permitted. The amendments are applied retrospectively, but only to items of property, plant and equipment that are brought to the location and condition necessary for them to be capable of operating in the manner intended by management on or after the beginning of the earliest period presented in the financial statements in which the Company first applies the amendments. The Company will recognise the cumulative effect of initially applying the amendments as an adjustment to the opening balance of retained earnings at the beginning of that earliest period presented. This amendment will impact the Company’s accounting for proceeds from mineral sales prior to reaching commercial production levels intended by management.

Classification of Liabilities as Current or Non-Current (Amendments to IAS 1)
The amendments aim to promote consistency in applying the requirements by helping companies determine whether, in the statement of financial position, debt and other liabilities with an uncertain settlement date should be classified as current (due or potentially due to be settled within one year) or non-current.

The amendments are applied on or after the first annual reporting period beginning on or after January 1, 2023, with early application permitted. This amendment is not expected to have a material impact on the Company’s financial statements.


4. SEGMENTED INFORMATION

All of the Company’s operations are within the mining industry and its major products are precious metals doré which are refined or smelted into pure silver and gold and sold to global metal brokers. Historically, the Company has also produced industrial metals of lead and zinc from its sales of concentrates. Transfer prices between reporting segments are set on an arms-length basis in a manner similar to transactions with third parties. Coins and bullion cost of sales are based on transfer prices.
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 20


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
4. SEGMENTED INFORMATION (continued)
A reporting segment is defined as a component of the Company that:
engages in business activities from which it may earn revenues and incur expenses;
whose operating results are reviewed regularly by the entity’s chief operating decision maker; and
for which discrete financial information is available.

For the year ended December 31, 2020, the Company's reporting segments includes its three operating mines in Mexico. Effective January 1, 2020, the Company no longer considers the La Parrilla, Del Toro, San Martin and La Guitarra mines, which have been placed on suspension, as significant reporting segments. Accordingly, these mines have been grouped as "non-producing properties" category for the year ended December 31, 2020 and 2019. “Others” consists primarily of the Company’s corporate assets including cash and cash equivalents, other development and exploration properties (Note 14), debt facilities (Note 19), intercompany eliminations, and corporate expenses which are not allocated to operating segments. The Company’s chief operating decision maker (“CODM”) evaluates segment performance based on mine operating earnings. Therefore, other income and expense items are not allocated to the segments. The segmented information for the comparative periods have been adjusted to reflect the Company's reporting segments for the reporting year ended December 31, 2020 for consistency.

Significant information relating to the Company’s reportable operating segments is summarized in the tables below:

                                                                       
Year Ended December 31, 2020 and 2019      Revenue   Cost of sales   Depletion, depreciation, and amortization   Mine operating earnings (loss)   Capital expenditures
Mexico                      
San Dimas 2020   $211,759      $110,782      $33,738      $67,239      $43,772   
  2019   185,999      100,120      28,491      57,388      42,511   
Santa Elena 2020   76,051      52,990      10,472      12,589      33,739   
  2019   94,378      53,605      12,204      28,569      23,004   
La Encantada 2020   73,632      37,794      8,265      27,573      10,733   
  2019   50,867      36,609      11,648      2,610      13,225   
                       
                       
                       
                       
                       
                       
                       
                       
   Non-producing Properties 2020   183      1,362      848      (2,027)     4,338   
  2019   32,204      40,910      12,162      (20,868)     20,258   
Others 2020   2,251      1,489      1,082      (320)     32,453   
  2019   496      902      1,079      (1,485)     25,196   
Consolidated 2020   $363,876      $204,417      $54,405      $105,054      $125,035   
  2019   $363,944      $232,146      $65,584      $66,214      $124,194   

During the year ended December 31, 2020, the Company had three (December 31, 2019 - six) customers that accounted for 99% of its sales revenue, with one major metal broker accounting for 92% of total revenue (2019 - 85%).
                                                                                       
At December 31, 2020 and 2019     Mining Interests   Property, plant and equipment   Total
mining assets
       Total
assets
  Total liabilities
  Producing   Exploration          
Mexico                              
San Dimas 2020   $204,592      $17,179      $112,105      $333,876          $439,145      $105,462   
  2019   193,433      8,699      116,556      318,688          360,387      46,504   
Santa Elena 2020   52,892      33,951      49,245      136,088          166,525      33,467   
  2019   45,046      18,592      47,787      111,425          134,666      23,867   
La Encantada 2020   25,865      2,955      16,555      45,375          99,185      29,354   
  2019   23,091      1,104      14,736      38,931          71,255      21,563   
                               
                               
                               
                               
                               
                               
                               
                               
   Non-producing Properties 2020   108,837      37,004      29,888      175,729          219,109      40,274   
  2019   105,778      32,938      31,050      169,766          213,061      36,261   
Others 2020         26,456      50,427      76,883          313,553      178,724   
  2019   —      34,710      26,510      61,220          233,583      222,436   
Consolidated 2020   $392,185      $117,545      $258,220      $767,950          $1,237,517      $387,281   
  2019   $367,348      $96,043      $236,639      $700,030          $1,012,952      $350,631   
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 21



           
NOTES TO CONDENSED INTERIM CONSOLIDATED FINANCIAL STATEMENTS
Condensed Interim Consolidated Financial Statements - Unaudited
(Tabular amounts are expressed in thousands of US dollars)
5. REVENUES

The majority of the Company’s revenues are from the sale of precious metals contained in doré form. The Company’s primary products are precious metals of silver and gold. Revenues from sale of metal, including by-products, are recorded net of smelting and refining costs.

Revenues for the period are summarized as follows:
                                                   
      Year Ended December 31,
          2020   2019
                       
                       
                       
                       
                       
Gross revenue from payable metals:
                     
   Silver             $242,338    66  %   $215,301    58  %
   Gold             124,264    34  %   143,029    39  %
   Lead             74    —  %   6,988    %
   Zinc             —    —  %   3,517    %
Gross revenue             366,676    100  %   368,835    100  %
Less: smelting and refining costs             (2,800)       (4,891)    
Revenues             $363,876        $363,944     

As at December 31, 2020, the Company had $2.7 million of unearned revenue (December 31, 2019 - $4.5 million) that has not satisfied performance obligations.

(a)Gold Stream Agreement with Sandstorm Gold Ltd.
The Santa Elena mine has a purchase agreement with Sandstorm Gold Ltd. (“Sandstorm”), which requires the Company to sell 20% of its gold production over the life of mine from its leach pad and a designated area of its underground operations. The selling price to Sandstorm is the lesser of the prevailing market price or $450 per ounce, subject to a 1% annual inflation. During the year ended December 31, 2020, the Company delivered 5,697 ounces (2019 - 9,164 ounces) of gold to Sandstorm at an average price of $463 per ounce (2019 - $458 per ounce).

(b) Gold Stream Agreement with Wheaton Precious Metals Corporation

In 2018, the San Dimas mine entered into a purchase agreement with Wheaton Precious Metals International ("WPMI"), which entitles Wheaton Precious Metals Corp. ("WPM") to receive 25% of the gold equivalent production (based on a fixed exchange ratio of 70 silver ounces to 1 gold ounce) at San Dimas in exchange for ongoing payments equal to the lesser of $600 (subject to a 1% annual inflation adjustment) and the prevailing market price, for each gold equivalent ounce delivered. Should the average gold to silver ratio over a six month period exceed 90:1 or fall below 50:1, the fixed exchange ratio would be increased to 90:1 or decreased to 50:1, respectively. The fixed gold to silver exchange ratio was revised to 90:1 on April 1, 2020 and reverted to 70:1 on October 14, 2020 after the average gold to silver price ratio over a six month period fell back below 90:1.

During the year ended December 31, 2020, the Company delivered 38,604 ounces (2019 - 44,667 ounces) of gold to WPM at $610 (2019 - $604) per ounce.













           
The accompanying notes are an integral part of the condensed interim consolidated financial statements  
First Majestic Silver Corp. 2020 Second Quarter Report
Page 22



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
6. COST OF SALES

Cost of sales excludes depletion, depreciation and amortization and are costs that are directly related to production and generation of revenues at the operating segments. Significant components of cost of sales are comprised of the following:
                                   
      Year Ended December 31,
          2020   2019
Consumables and materials         $36,760      $45,947   
Labour costs         103,075      118,229   
Energy         25,075      35,135   
Other costs         11,275      13,243   
Production costs         $176,185      $212,554   
Transportation and other selling costs         2,288      2,735   
Workers participation costs         14,245      9,036   
Environmental duties and royalties         2,010      1,438   
Inventory changes         (423)     3,459   
Cost recovery related to Republic Metals Refining Corp. bankruptcy(1)
        —      (1,600)  
Standby Costs(2)
        —      2,879   
Restructuring costs(3)
        —      1,645   
Cost of Sales         $194,305      $232,146   
               
Cost of Sales - Standby Costs(4)
        $10,112      $—   

(1) In November 2018, one of the refineries used by the Company, Republic Metals Refining Corp. ("Republic"), announced it filed for bankruptcy. As a result, the Company wrote off $7.5 million in inventory that was in Republic's possession for refining. In September 2019, the Company reached a partial litigation settlement for $1.6 million. The Company continues to pursue legal channels to recover the remaining balance of inventory, but there is no assurance that this inventory is recoverable.
(2) Effective from July 2019, the Company temporarily suspended all mining and processing activities at the San Martin operation due to a growing insecurity in the area and safety concerns for its workforce. The Company is working with authorities to secure the area and is uncertain of a restart date. From January 1, 2020, such costs were classified as mine holding costs (Note 8) due to continued uncertainty with respect to the timing of restart at San Martin.
(3) Effective September 2019, the Company temporarily suspended milling operations at the La Parrilla mine. Restructuring costs include severance and plant closure costs incurred for re-organizing the operation.
(4) Cost of sales for the year ended December 31, 2020 included standby costs of $10.1 million, primarily related to direct costs incurred at the San Dimas ($3.5 million), Santa Elena ($2.0 million) and La Encantada ($1.7 million) mines due to temporary suspensions following Mexico’s Ministry of Health’s Federal Decree requiring all non-essential businesses, including mining, to temporarily suspend activities throughout most of April and May in response to the global pandemic. In addition, the Company incurred $2.0 million in standby costs related to the 13-day union work stoppage at San Dimas in June 2020.


7. GENERAL AND ADMINISTRATIVE EXPENSES

General and administrative expenses are incurred to support the administration of the business that are not directly related to production. Significant components of general and administrative expenses are comprised of the following:
                                   
      Year Ended December 31,
          2020   2019
Corporate administration         $5,012      $5,202   
Salaries and benefits         11,271      13,797   
Audit, legal and professional fees         5,353      4,943   
Filing and listing fees         499      429   
Directors fees and expenses         842      793   
Depreciation         1,878      1,636   
          $24,855      $26,800   
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 23



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
8. MINE HOLDING COSTS

The Company’s mine holding costs are primarily comprised of labour costs associated with care and maintenance staffs, electricity, security, environmental and community support costs for the following mines which are currently under temporary suspension:
                                     
        Year Ended December 31,
            2020   2019
Del Toro           $7,999      $—   
La Parrilla           5,563      5,010   
San Martin           5,265      —   
La Guitarra           2,757      2,569   
                 
            $21,583      $7,579   


9. INVESTMENT AND OTHER INCOME

The Company’s investment and other income (loss) are comprised of the following:
                                     
        Year Ended December 31,
            2020   2019
Gain from investment in marketable securities (Note 13(a))
          $1,973      $528   
Gain from investment in silver futures derivatives           2,079      1,237   
Interest income and other           1,075      6,344   
                 
            $5,127      $8,109   


10. FINANCE COSTS

Finance costs are primarily related to interest and accretion expense on the Company’s debt facilities, lease liabilities and accretion of decommissioning liabilities. The Company’s finance costs in the period are summarized as follows:
                                     
        Year Ended December 31,
            2020   2019
Debt facilities(1) (Note 19)
          $10,593      $10,885   
Lease liabilities (Note 20)
          1,479      1,142   
Accretion of decommissioning liabilities           2,362      2,410   
Silver sales and other           339      710   
                 
                 
            $14,773      $15,147   
(1) Finance costs for debt facilities include $6.8 million of non-cash accretion expense for the year ended December 31, 2020 (2019 - $6.4 million).














           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 24



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
11. EARNINGS OR LOSS PER SHARE

Basic earnings or loss per share is the net earnings or loss available to common shareholders divided by the weighted average number of common shares outstanding during the period. Diluted net earnings or loss per share adjusts basic net earnings per share for the effects of potential dilutive common shares.

The calculations of basic and diluted earnings or loss per share for the years ended December 31, 2020 and 2019 are as follows:
                                     
        Year Ended December 31,
            2020   2019
Net earnings (loss) for the year           $23,087      ($40,474)  
                 
                 
                 
Weighted average number of shares on issue - basic           213,879,622      201,615,489   
Impact of effect on dilutive securities:                
Stock options           1,705,689      —   
Restricted and performance share units           293,518      —   
                 
Weighted average number of shares on issue - diluted(1)
          215,878,829      201,615,489   
                 
                 
Earnings (loss) per share - basic and diluted           $0.11      ($0.20)  

(1)For the year ended December 31, 2020, diluted weighted average number of shares excluded 2,666,819 (2019 - 7,583,439) options, nil restricted and performance share units (2019 - 128,944) and 16,327,598 (2019 - 16,327,598) common shares issuable under the convertible debentures (Note 19(a)) that were anti-dilutive.


12. INVENTORIES

Inventories consist primarily of materials and supplies and products of the Company’s operations, in varying stages of the production process, and are presented at the lower of weighted average cost or net realizable value.
                       
  December 31,
2020
  December 31,
2019
Finished goods - doré $2,812      $1,965   
Work-in-process 2,780      3,229   
Stockpile 1,336      2,130   
Silver coins and bullion 956      291   
Materials and supplies 24,628      22,902   
  $32,512      $30,517   

The amount of inventories recognized as an expense during the period is equivalent to the total of cost of sales plus depletion, depreciation and amortization for the period.















           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 25



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
13. OTHER FINANCIAL ASSETS

As at December 31, 2020, other financial assets consists of the Company’s investment in marketable securities and foreign exchange derivatives comprised of the following:
                       
  December 31,
2020
  December 31,
2019
       
       
       
       
       
FVTPL marketable securities (a) $13,876      $5,626   
       
       
       
       
       
FVTOCI marketable securities (b) 22,444      880   
Total marketable securities $36,319      $6,506   
       
       
Foreign currency derivatives (Note 24)
—      982   
Total other financial assets $36,319      $7,488   

(a)Fair Value through Profit or Loss ("FVTPL") Marketable Securities
Gain in marketable securities designated as FVTPL for the year ended December 31, 2020 was $2.0 million (2019 - loss of $0.5 million) and was recorded through profit or loss.

As consideration for the acquisition of the Springpole Silver Stream (Note 14(c)), the Company received 30 million common share purchase warrants of First Mining Gold Corp., each of which will entitle the Company to purchase one common share of First Mining at CAD$0.40 over a period of five years. The fair value of the warrants was measured at $5.7 million using the Black-Scholes model at the time of the acquisition, and subsequently remeasured at $4.7 million at December 31, 2020.

(b)Fair Value through Other Comprehensive Income ("FVTOCI") Marketable Securities
Changes in fair value of marketable securities designated as FVTOCI for the year ended December 31, 2020 was $10.5 million (2019 - $0.3 million), net of tax, and was recorded through other comprehensive income and will not be transferred into earnings or loss upon disposition or impairment.

As part of the consideration received for the option arrangement of the La Joya Project (see Note 14(d)), in September 2020, the Company received 5,146,401 common shares of Silver Dollar Resources Inc. ("Silver Dollar") with a fair value of $6.9 million. In September and December 2020, the Company participated in two private placements of Silver Dollar to acquire an additional 700,000 common shares for $0.7 million. As at December 31, 2020, the fair value of these shares was $8.6 million.

As part of consideration received for the sale of the Plomosas Silver Project (see Note 14(e)), the Company received 17,097,500 common shares of GR Silver Mining Ltd. with a fair value of $1.7 million on March 27, 2020. In May 2020, the Company participated in a private placement by GR Silver Mining Ltd. ("GR Silver") and for $0.8 million acquired an additional 4,000,000 shares with 2,000,000 one-year warrants with a strike price of CAD$0.40 per share. As at December 31, 2020, the fair value of these shares was $12.9 million. These shares are designated as FVTOCI marketable securities while the warrants are designated as FVTPL marketable securities.


           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 26



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
14. MINING INTERESTS

Mining interests primarily consist of acquisition, development and exploration costs directly related to the Company’s operations and projects. Upon commencement of commercial production, mining interests for producing properties are depleted on a units-of-production basis over the estimated economic life of the mine. In applying the units of production method, depletion is determined using quantity of material extracted from the mine in the period as a portion of total quantity of material, based on reserves and resources, considered to be highly probable to be economically extracted over the life of mine plan.

The Company’s mining interests are comprised of the following:
                       
  December 31,
2020
  December 31,
2019
Depletable properties $392,185      $367,348   
Non-depletable properties (exploration and evaluation costs) 117,545      96,043   
  $509,730      $463,391   

Depletable properties are allocated as follows:
                                                                           
Depletable properties San Dimas   Santa Elena   La Encantada                  
Non-producing
Properties(1)
  Total
Cost                                  
At December 31, 2018 $193,305      $45,041      $99,436                      $478,883      $816,665   
Additions 24,596      6,813      5,995                      9,088      46,492   
                                   
Change in decommissioning liabilities (Note 21)
301      2,338      500                      6,161      9,300   
Transfer from exploration properties 2,456      7,462      5,659                      —      15,577   
At December 31, 2019 $220,658      $61,654      $111,590                      $494,132      $888,034   
Additions 21,263      6,218      4,201                      —      31,682   
                                   
Change in decommissioning liabilities (Note 21)
4,527      1,191      2,049                      3,059      10,826   
Transfer from exploration properties 3,645      4,229      472                      —      8,346   
At December 31, 2020 $250,093      $73,292      $118,312                      $497,191      $938,888   
                                   
Accumulated depletion, amortization and impairment                            
At December 31, 2018 ($10,871)     ($11,594)     ($59,872)                     ($380,677)     ($463,014)  
Depletion and amortization (16,354)     (5,014)     (6,025)                     (7,677)     (35,070)  
Impairment —      —      (22,602)                     —      (22,602)  
At December 31, 2019 ($27,225)     ($16,608)     ($88,499)                     ($388,354)     ($520,686)  
Depletion and amortization (18,277)     (3,792)     (3,948)                     —      (26,017)  
                                   
At December 31, 2020 ($45,502)     ($20,400)     ($92,447)                     ($388,354)     ($546,703)  
                                   
Carrying values                                  
At December 31, 2019 $193,433      $45,046      $23,091                      $105,778      $367,348   
At December 31, 2020 $204,592      $52,892      $25,865                      $108,837      $392,185   
(1) Non-producing properties include the San Martin, Del Toro, La Parrilla and La Guitarra mines.






           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 27


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
14. MINING INTERESTS (continued)

Non-depletable properties costs are allocated as follows:
                                                                                                   
Non-depletable properties
San Dimas(a)
 
Santa Elena(b)
 
La Encantada  
                 
Non-producing
Properties(1)
 
Exploration Projects(2)
 
Springpole
Stream(c)
  Total
                                           
At December 31, 2018
$3,705      $14,316      $5,660                      $24,841      $33,440      $—      $81,962   
Exploration and evaluation expenditures 7,450      11,738      2,164                      8,097      1,032      —      30,481   
Change in decommissioning liabilities (Note 21)
—      —      —                      —      238      —      238   
Impairment —      —      (1,061)                     —      —      —      (1,061)  
Transfer to producing properties (2,456)     (7,462)     (5,659)                     —      —      —      (15,577)  
At December 31, 2019
$8,699      $18,592      $1,104                      $32,938      $34,710      $—      $96,043   
Exploration and evaluation expenditures 12,125      19,588      2,323                      4,066      1,142      4,356      43,601   
Change in decommissioning liabilities (Note 21)
                                  —      59      —      59   
                                           
Sale of exploration project —      —      —                      —      (13,812)     —      (13,812)  
Transfer to producing properties (3,645)     (4,229)     (472)                     —      —      —      (8,346)  
At December 31, 2020 $17,179      $33,951      $2,955                      $37,004      $22,099      $4,356      $117,545   
(1) Non-producing properties include the San Martin, Del Toro, La Parrilla and La Guitarra mines.
(2) Exploration projects include the La Luz, La Joya, Los Amoles, Jalisco Group of Properties and Jimenez del Tuel projects, as well as the Plomosas project which was sold during 2020.

(a)San Dimas Silver/Gold Mine, Durango State

In 2018, the San Dimas Mine is subject to a gold and silver streaming agreement with WPMI which entitles WPM to receive 25% of the gold equivalent production (based on a fixed exchange ratio of 70 silver ounces to 1 gold ounce) at San Dimas in exchange for ongoing payments equal to the lesser of $600 (subject to a 1% annual inflation adjustment commencing in May 2019) and the prevailing market price, for each gold ounce delivered. Should the average gold to silver ratio over a six month period exceed 90:1 or fall below 50:1, the fixed exchange ratio would be increased to 90:1 or decreased to 50:1, respectively. The fixed gold to silver exchange ratio was revised to 90:1 on April 1, 2020 and reverted to 70:1 on October 14, 2020 after the average gold to silver price ratio over a six month period fell back below 90:1.

(b)Santa Elena Silver/Gold Mine, Sonora State

The Santa Elena Mine is subject to a gold streaming agreement with Sandstorm, which requires the mine to sell 20% of its life of mine gold production from its leach pad and a designated area of its underground operations to Sandstorm. The selling price to Sandstorm is currently the lesser of $464 per ounce, subject to a 1% annual inflation increase every April, and the prevailing market price.

(c) Springpole Silver Stream, Ontario, Canada
On July 2, 2020, the Company completed an agreement with First Mining Gold Corp. (“First Mining”) to purchase 50% of the life of mine payable silver produced from the Springpole Gold Project ("Springpole Silver Stream"), a development stage mining project located in Ontario, Canada. Pursuant to the agreement, First Majestic agreed to pay First Mining consideration of $22.5 million in cash and shares, in three milestone payments, for the right to purchase silver at a price of 33% of the silver spot price per ounce, to a maximum of $7.50 per ounce (subject to annual inflation escalation of 2%, commencing at the start of the third anniversary of production). Commencing with its production of silver, First Mining must deliver 50% of the payable silver which it receives from the offtaker within five business days of the end of each quarter.




           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 28


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
14. MINING INTERESTS (continued)
(c) Springpole Silver Stream, Ontario, Canada (continued)
Transaction consideration paid and payable by First Majestic is summarized as follows:
The first payment of $10.0 million, consisting of $2.5 million in cash and $7.5 million in First Majestic shares (805,698 common shares) was paid to First Mining on July 2, 2020;
The second payment consisting of $3.75 million in cash and $3.75 million in First Majestic shares (287,300 common shares) was paid on January 21, 2021 upon the completion and public announcement by First Mining of the results of a Pre-Feasibility Study for Springpole; and
The third payment consisting of $2.5 million in cash and $2.5 million in First Majestic shares (based on 20 days volume weighted average price) will be paid upon receipt by First Mining of a Federal or Provincial Environmental Assessment approval for Springpole.

In connection with the agreement, First Mining also granted First Majestic 30 million common share purchase warrants, each of which will entitle the Company to purchase one common share of First Mining at CAD$0.40 over a period of five years. The fair value of the warrants was measured at $5.7 million using the Black-Scholes model.

First Mining shall have the right to repurchase 50% of the silver stream for $22.5 million at any time prior to the commencement of production at Springpole leaving the Company with a reduced silver stream of 25% of life of mine payable silver production.

As at December 31, 2020, the Company has paid $10.0 million in consideration to First Mining as part of the agreement, of which $5.7 million was allocated to other financial assets and $4.3 million was allocated to the Springpole Silver Stream recognized within exploration and evaluation assets.

First Mining is a related party with two independent board members who are also directors and/or officers of First Majestic.

(d) La Joya Silver Project, Durango, Mexico

In August 2020, the Company entered into a five year option agreement with Silver Dollar Resources Inc. ("Silver Dollar"), which gives Silver Dollar the option to earn an initial 80% interest in the Company's La Joya Project, following the exercise of which it may earn an additional 20% for an aggregate 100% interest.

To exercise its first option to acquire an 80% interest in the La Joya Project, Silver Dollar will pay the Company CAD$1.3 million in cash over four years, issue shares equal to 19.9% of Silver Dollar's then-outstanding common shares within one year, incur $1 million of exploration expenditures within the first five years, and grant First Majestic a 2% net smelter returns royalty. If Silver Dollar incurs the exploration expenditures within the first three years; however, First Majestic will waive the remaining $0.6 million of the cash option payments.

Silver Dollar may exercise its second option and acquire the remaining 20% (for an aggregate 100% interest) of the La Joya Project by providing notice to First Majestic within 30 days of earning the first 80% interest and issuing to First Majestic additional shares equal to 5% of Silver Dollar's then-outstanding common shares within five years.

As at December 31, 2020, the Company received $0.3 million in cash and 5,146,401 common shares with a fair value of $6.9 million from Silver Dollar. The Company deducted proceeds received from Silver Dollar from the carrying value of the La Joya project ($0.6 million), reducing its carrying value to $nil and recognized the remaining $6.5 million of proceeds as a gain on divestiture of exploration project.

(e) Plomosas Silver Project, Sinaloa, Mexico

In March 2020, the Company divested its subsidiary Minera La Rastra, S.A. de C.V. ("MLR"), which holds the Plomosas Silver Project, to GR Silver for total consideration of $1.7 million, consisting of 17,097,500 common shares of GR Silver with a fair value on the measurement date of $1.7 million, CAD$0.1 million in cash and a 2% net smelter return royalty ("NSR"). GR Silver has the option to repurchase half of the NSR for CAD$1.0 million. As at the date of the transaction, MLR had a carrying value of $11.8 million, including $13.1 million in mining interests, resulting in a loss of $10.2 million on the disposal.
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 29



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
15. PROPERTY, PLANT AND EQUIPMENT

The majority of the Company's property, plant and equipment is used in the Company's operating mine segments. Property, plant and equipment is depreciated using either the straight-line or units-of-production method over the shorter of the estimated useful life of the asset or the expected life of mine. Where an item of property, plant and equipment comprises of major components with different useful lives, the components are accounted for as separate items of property, plant and equipment. Assets under construction are recorded at cost and re-allocated to land and buildings, machinery and equipment or other when they become available for use.

Property, plant and equipment are comprised of the following: 
                                                           
 
Land and Buildings(1)
  Machinery and Equipment  
Assets under Construction(2)
  Other   Total
Cost                  
At December 31, 2018 $177,864      $430,862      $35,673      $23,410      $667,809   
Additions —      1,991      44,709      521      47,221   
                   
Transfers and disposals 20,548      23,802      (52,737)     507      (7,880)  
At December 31, 2019 $198,412      $456,655      $27,645      $24,438      $707,150   
Additions —      2,096      47,266      391      49,753   
                   
Transfers and disposals 917      9,873      (19,242)     3,822      (4,630)  
At December 31, 2020 $199,329      $468,624      $55,669      $28,651      $752,273   
                   
Accumulated depreciation, amortization and impairment            
At December 31, 2018 ($111,258)     ($291,959)     $—      ($13,508)     ($416,725)  
Depreciation and amortization (4,980)     (23,829)     —      (2,122)     (30,931)  
Transfers and disposals 271      5,189      —      459      5,919   
Impairment (13,073)     (15,701)     —      —      (28,774)  
At December 31, 2019 ($129,040)     ($326,300)     $—      ($15,171)     ($470,511)  
Depreciation and amortization (4,188)     (19,833)     —      (2,555)     (26,576)  
Transfers and disposals 72      2,754      —      208      3,034   
                   
At December 31, 2020 ($133,156)     ($343,379)     $—      ($17,518)     ($494,053)  
                   
Carrying values                  
At December 31, 2019 $69,372      $130,355      $27,645      $9,267      $236,639   
At December 31, 2020 $66,173      $125,245      $55,669      $11,133      $258,220   

(1) Included in land and buildings is $11.2 million (2019 - $11.5 million) of land which is not subject to depreciation.
(2) Assets under construction includes certain innovation projects, such as high-intensity grinding ("HIG") mills and related modernization, plant improvements, other mine infrastructures and equipment overhauls.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 30


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
15. PROPERTY, PLANT AND EQUIPMENT (continued)

Property, plant and equipment, including land and buildings, machinery and equipment, assets under construction and other assets above are allocated by mine as follow:
                                                                                       
  San Dimas   Santa Elena   La Encantada                  
Non-producing
Properties(1)
  Other   Total
Cost                                      
At December 31, 2018 $127,763      $76,671      $132,146                      $299,037      $32,192      $667,809   
Additions 10,465      4,453      5,066                      3,073      24,164      47,221   
                                       
Transfers and disposals (1,925)     9,638      90                      (4,870)     (10,813)     (7,880)  
At December 31, 2019 $136,303      $90,762      $137,302                      $297,240      $45,543      $707,150   
Additions(2)
10,384      7,933      4,209                      272      26,955      49,753   
                                       
Transfers and disposals 41      (1,364)     1,999                      (3,751)     (1,555)     (4,630)  
At December 31, 2020 $146,728      $97,331      $143,510                      $293,761      $70,943      $752,273   
                                       
Accumulated depreciation,
amortization and impairment
                       
At December 31, 2018 ($7,545)     ($37,007)     ($89,086)                     ($265,811)     ($17,276)     ($416,725)  
Depreciation and amortization (12,355)     (6,989)     (5,278)                     (4,378)     (1,931)     (30,931)  
Transfers and disposals 153      1,021      572                      3,999      174      5,919   
Impairment —      —      (28,774)                     —      —      (28,774)  
At December 31, 2019 ($19,747)     ($42,975)     ($122,566)                     ($266,190)     ($19,033)     ($470,511)  
Depreciation and amortization (15,032)     (6,451)     (2,646)                     (592)     (1,855)     (26,576)  
Transfers and disposals 156      1,340      (1,743)                     2,909      372      3,034   
                                       
At December 31, 2020 ($34,623)     ($48,086)     ($126,955)                     ($263,873)     ($20,516)     ($494,053)  
                                       
Carrying values                                      
At December 31, 2019 $116,556      $47,787      $14,736                      $31,050      $26,510      $236,639   
At December 31, 2020 $112,105      $49,245      $16,555                      $29,888      $50,427      $258,220   
(1) Non-producing properties include the San Martin, Del Toro, La Parrilla and La Guitarra mines.
(2) Additions classified in "Other" primarily consist of innovation projects and construction-in-progress.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 31



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
16. RIGHT-OF-USE ASSETS

The Company entered into operating leases to use certain land, building, mining equipment and corporate equipment for its operations. The Company is required to recognize right-of-use assets representing its right to use these underlying leased asset over the lease term.

Right-of-use asset is initially measured at cost, equivalent to its obligation for payments over the term of the leases, and subsequently measured at cost less accumulated depreciation and impairment losses. Depreciation is recorded on a straight-line basis over the shorter period of lease term and useful life of the underlying asset.

Right-of-use assets are comprised of the following: 
                                               
  Land and Buildings   Machinery and Equipment   Other   Total
At December 31, 2018 $—      $—      $—      $—   
Initial adoption 2,624      1,036      22      3,682   
Additions 571      14,132      —      14,703   
Remeasurements 1,686      232      —      1,918   
Depreciation and amortization (674)     (1,286)     (7)     (1,967)  
Impairment —      (6,302)     —      (6,302)  
At December 31, 2019 $4,207      $7,812      $15      $12,034   
Additions 1,939      554      —      2,494   
Remeasurements 2,789      (10)     —      2,779   
Depreciation and amortization (848)     (2,106)     (7)     (2,961)  
               
Disposals —      (16)     —      (16)  
At December 31, 2020 $8,087      $6,234      $8      $14,330   



17. IMPAIRMENT OF NON-CURRENT ASSETS

The Company did not identify any indicators of potential impairment or impairment reversal on its non-current assets and CGUs during the year ended December 31, 2020.

During the year ended December 31, 2019, the Company determined that the La Encantada mine had an indicator of potential impairment on its non-current assets due to a decrease in economics of the roaster project and mine plan. Based on the Company’s assessment in 2019, the Company concluded that the La Encantada mine had estimated recoverable value, based on its FVLCD, below its carrying value and impairment charge was required:
                     
        Year Ended December 31, 2019
         
         
         
         
         
         
         
         
         
         
Impairment of non-current assets       $58,739   
Deferred income tax recovery       (6,300)  
Impairment of non-current assets, net of tax       $52,439   

The impairment charge recognized for the year ended December 31, 2019 in respect of La Encantada was allocated as follows:
                                                                 
    Mining interests   Right of use assets   Property, plant and equipment    
    Producing   Exploration       Total
La Encantada Silver Mine   $22,602      $1,061      $6,302      $28,774      $58,739   
                     
                     
                     

Recoverable values are determined based on fair market value of the asset and estimated using internal discounted cash flow economic models projected using management’s best estimate of recoverable mineral reserves and resources, future operating costs, capital expenditures and long-term foreign exchange rates.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 32


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
17. IMPAIRMENT OF NON-CURRENT ASSETS (continued)

Metal price assumptions used to determine the recoverable amounts for the year ended December 31, 2019 are summarized in the following table:
                                   
      December 31, 2019
Commodity Prices         2020-2023
Average
  Long-term
Silver (per ounce)         $18.84      $19.50   
Gold (per ounce)         $1,536      $1,416   
               
               

A discount rate of 4.5%, equivalent to the Company’s weighted average cost of capital for the year ended December 31, 2019 was used to determine FVLCD based on an internal discounted cash flow economic model.

The internal discounted cash flow economic model used to determine FVLCD is significantly affected by changes in key assumptions for future metal prices, Reserve and Resource levels and recovery rates. Management’s estimate of FVLCD is classified as level 3 in the fair value hierarchy. There was no material change in the valuation techniques utilized to determine FVLCD in the year ended December 31, 2020.


18. TRADE AND OTHER PAYABLES

The Company’s trade and other payables are primarily comprised of amounts outstanding for purchases relating to mining operations, exploration and evaluation activities and corporate expenses. The normal credit period for these purchases is usually between 30 to 90 days.

Trade and other payables are comprised of the following items:
                       
  December 31,
2020
  December 31,
2019
Trade payables $31,262      $23,984   
Trade related accruals 18,635      12,314   
Payroll and related benefits 21,427      19,059   
Environmental duty 2,156      1,483   
Other accrued liabilities 2,522      2,283   
  $76,002      $59,123   





















           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 33



           
NOTES TO CONDENSED INTERIM CONSOLIDATED FINANCIAL STATEMENTS
Condensed Interim Consolidated Financial Statements - Unaudited
(Tabular amounts are expressed in thousands of US dollars)
19. DEBT FACILITIES

The movement in debt facilities during the year ended December 31, 2020 and year ended December 31, 2019, respectively, are comprised of the following:
                                                 
    Convertible Debentures
(a)
  Revolving Credit Facility
(b)
          Total
Balance at December 31, 2018   $130,807      $18,705              $149,512   
                     
                     
                     
                     
Finance costs                    
Interest expense   2,975      1,498              4,473   
Accretion   5,758      654              6,412   
                     
Payments of finance costs   (2,933)     (1,646)             (4,579)  
Balance at December 31, 2019   $136,607      $19,211              $155,818   
                     
                     
                     
Finance costs                    
Interest expense   2,984      763              3,747   
Accretion   6,168      678              6,846   
Proceeds from drawdown of Revolving Credit Facility   —      10,000              10,000   
Repayments of principal   —      (19,969)             (19,969)  
Payments of finance costs   (2,934)     (801)             (3,735)  
At December 31, 2020   $142,825      $9,882              $152,707   
                     
Statements of Financial Position Presentation                    
Current portion of debt facilities   $1,043      $132              $1,175   
Non-current portion of debt facilities   135,564      19,079              154,643   
Balance at December 31, 2019   $136,607      $19,211              $155,818   
Current portion of debt facilities   $1,092      $9,882              $10,975   
Non-current portion of debt facilities   141,733      —              141,733   
At December 31, 2020   $142,825      $9,882              $152,707   

(a)Convertible Debentures
During the first quarter of 2018, the Company issued $156.5 million of unsecured senior convertible debentures (the “Notes”). The Company received net proceeds of $151.1 million after transaction costs of $5.4 million. The Notes mature on March 1, 2023 and bear an interest rate of 1.875% per annum, payable semi-annually in arrears in March and September of each year.

The Notes are convertible into common shares of the Company at any time prior to maturity at a conversion rate of 104.3297 common shares per $1,000 principal amount of Notes converted, representing an initial conversion price of $9.59 per common share, subject to certain anti-dilution adjustments. In addition, if certain fundamental changes occur, holders of the Notes may be entitled to an increased conversion rate.

The Company may not redeem the Notes before March 6, 2021, except in the event of certain changes in Canadian tax law. At any time on or after March 6, 2021 and until maturity, the Company may redeem all or part of the Notes for cash if the last reported share price of the Company’s common shares for 20 or more trading days in a period of 30 consecutive trading days exceeds 130% of the conversion price or $12.47 per common share. The redemption price is equal to the sum of: (i) 100% of the principal amount of the notes to be redeemed and (ii) accrued and unpaid interest, if any, to the redemption date.

The Company is required to offer to purchase for cash all of the outstanding Notes upon a fundamental change, at a cash purchase price equal to 100% of the principal amount of the Notes to be purchased, plus accrued and unpaid interest, if any, to the fundamental change purchase date.


           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 34


           
NOTES TO CONDENSED INTERIM CONSOLIDATED FINANCIAL STATEMENTS
Condensed Interim Consolidated Financial Statements - Unaudited
(Tabular amounts are expressed in thousands of US dollars)
19. DEBT FACILITIES (continued)

(a)Convertible Debentures (continued)
The component parts of the convertible debentures, a compound instrument, are classified separately as financial liabilities and equity in accordance with the substance of the contractual arrangement and the definitions of a financial liability and an equity instrument. A conversion option that will be settled by the exchange of a fixed amount of cash or another financial asset for a fixed number of the Company's own equity instrument is an equity instrument.

At initial recognition, net proceeds of $151.1 million from the Notes were allocated into its debt and equity components. The fair value of the debt portion was estimated at $124.8 million using a discounted cash flow model method with an expected life of five years and a discount rate of 6.14%. This amount is recorded as a financial liability on an amortized cost basis using the effective interest method using an effective interest rate of 6.47% until extinguished upon conversion or at its maturity date.

The conversion option is classified as equity and was estimated based on the residual value of $26.3 million. This amount is not subsequently remeasured and will remain in equity until the conversion option is exercised, in which case, the balance recognized in equity will be transferred to share capital. Where the conversion option remains unexercised at the maturity date of the convertible note, the balance will remain in equity reserves. Deferred tax liability of $7.1 million related to taxable temporary difference arising from the equity portion of the convertible debenture was recognized in equity reserves.

Transaction costs of $5.4 million that relate to the issuance of the convertible debentures were allocated to the liability and equity components in proportion to the allocation of the gross proceeds. Transaction costs relating to the equity component are recognized directly in equity. Transaction costs relating to the liability component are included in the carrying amount of the liability component and are amortized over the life of the convertible debentures using the effective interest method.

(b)Revolving Credit Facility
On May 10, 2018, the Company entered into a $75.0 million senior secured revolving credit facility ("Revolving Credit Facility") with the Bank of Nova Scotia, Bank of Montreal and Investec Bank PLC, as lenders. The Revolving Credit Facility will mature on its third anniversary date on May 10, 2021. Interest on the drawn balance will accrue at LIBOR plus an applicable range of 2.25% to 3.5% while the undrawn portion is subject to a standby fee with an applicable range of 0.5625% to 0.875%, dependent on certain financial parameters of First Majestic. As at December 31, 2020, the applicable rates were 2.9% to 0.6875%, respectively.

These debt facilities are guaranteed by certain subsidiaries of the Company and are also secured by a first priority charge against the assets of the Company, and a first priority pledge of shares of the Company’s subsidiaries.

The Revolving Credit Facility includes financial covenants, to be tested quarterly on a consolidated basis, requiring First Majestic to maintain the following: (a) a leverage ratio based on total debt to rolling four quarters adjusted EBITDA of not more than 3.00 to 1.00; (b) an interest coverage ratio, based on rolling four quarters adjusted EBITDA divided by interest payments, of not less than 4.00 to 1.00; and (c) tangible net worth of not less than $563.5 million plus 50% of its positive earnings subsequent to June 30, 2018. The debt facilities also provide for negative covenants customary for these types of facilities and allows the Company to enter into finance leases up to $30.0 million. As at December 31, 2020 and December 31, 2019, the Company was in compliance with these covenants.
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 35



           
NOTES TO CONDENSED INTERIM CONSOLIDATED FINANCIAL STATEMENTS
Condensed Interim Consolidated Financial Statements - Unaudited
(Tabular amounts are expressed in thousands of US dollars)
20. LEASE LIABILITIES

The Company has finance leases, operating leases and equipment financing liabilities for various mine and plant equipment, office space and land. Finance leases and equipment financing obligations require underlying assets to be pledged as security against the obligations and all of the risks and rewards incidental to ownership of the underlying asset being transferred to the Company. For operating leases, the Company controls but does not have ownership of the underlying right-of-use assets.

Lease liabilities are initially measured at the present value of the lease payments that are not paid at the commencement date, discounted using the interest rate implicit in the lease or, if that rate cannot be readily determined, the Company's incremental borrowing rate. Lease liabilities are subsequently measured at amortized cost using the effective interest rate method.

Certain lease agreements may contain lease and non-lease components, which are generally accounted for separately. For certain equipment leases, such as vehicles, the Company has elected to account for the lease and non-lease components as a single lease component.

The movement in lease liabilities during the year ended December 31, 2020 and year ended December 31, 2019 are comprised of the following:
                                               
  Finance Leases
(a)
  Operating Leases
(b)
  Equipment Financing
(c)
  Total
Balance at December 31, 2018 $409      $—      $5,438      $5,847   
Initial adoption of IFRS 16 —      3,682      —      3,682   
Additions —      14,706      —      14,706   
Remeasurements —      1,918      —      1,918   
Finance costs 18      789      335      1,142   
Repayments of principal (359)     (2,395)     (2,459)     (5,213)  
Payments of finance costs (18)     —      (379)     (397)  
Foreign exchange loss —      251      —      251   
Balance at December 31, 2019 $50      $18,951      $2,935      $21,936   
Additions —      2,494      —      2,494   
Remeasurements —      2,779      —      2,779   
Finance costs —      1,396      83      1,479   
Repayments of principal (50)     (5,353)     (2,303)     (7,706)  
Payments of finance costs —      —      (126)     (126)  
Foreign exchange gain —      (281)     —      (281)  
At December 31, 2020 $—      $19,986      $589      $20,575   
               
Statements of Financial Position Presentation              
Current portion of lease liabilities $50      $4,518      $2,352      $6,920   
Non-current portion of lease liabilities —      14,433      583      15,016   
Balance at December 31, 2019 $50      $18,951      $2,935      $21,936   
Current portion of lease liabilities $—      $4,820      $538      $5,358   
Non-current portion of lease liabilities —      15,166      51      15,217   
At December 31, 2020 $—      $19,986      $589      $20,575   

(a)Finance Leases
From time to time, the Company may purchase equipment under finance leases with terms ranging from 24 to 48 months. As at December 31, 2020, the Company has fully repaid all of its finance leases and all pledges on related property, plant and equipment have been released.


           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 36


           
NOTES TO CONDENSED INTERIM CONSOLIDATED FINANCIAL STATEMENTS
Condensed Interim Consolidated Financial Statements - Unaudited
(Tabular amounts are expressed in thousands of US dollars)
20. LEASE LIABILITIES (continued)
(b) Operating Leases
Operating leases primarily relate to equipment and building rental contracts, land easement contracts and service contracts that contain embedded leases for property, plant and equipment. These operating leases have remaining lease terms of one to ten years, some of which include options to terminate the leases within a year, with incremental borrowing rates ranging from 5.8% to 12.4%.

During the year ended December 31, 2020 and 2019, the amounts of lease payments recognized in the profit and loss are summarized as follows:
                             
  Year Ended
December 31, 2020
Year Ended
December 31, 2019
Expenses relating to variable lease payments not included in
the measurement of lease liability
  $25,560   $14,241
Expenses relating to short-term leases   19,607      42,994   
Expenses relating to low value leases   81   —   
    $45,248      $57,235   

(c) Equipment Financing
During 2017, the Company entered into a $7.9 million credit facility with repayment terms ranging from 12 to 16 equal quarterly installments in principal plus related interest. The facility bears an interest rate of LIBOR plus 4.60%. Proceeds from the equipment financing were primarily used for the purchase and rehabilitation of property, plant and equipment. The equipment financing is secured by certain equipment of the Company and is subject to various covenants, including the requirement for First Majestic to maintain a leverage ratio based on total debt to rolling four quarters adjusted EBITDA. As at December 31, 2020 and year ended December 31, 2019, the Company was in compliance with these covenants.

As at December 31, 2020, the net book value of property, plant and equipment includes $1.9 million (2019 - $3.3 million) of equipment pledged as security for the equipment financing.


21. DECOMMISSIONING LIABILITIES
The Company has an obligation to undertake decommissioning, restoration, rehabilitation and environmental work when environmental disturbance is caused by the development and ongoing production of a mining operation. Movements in decommissioning liabilities during the years ended December 31, 2020 and 2019 are allocated as follow:
                                                                                                           
  San Dimas    Santa Elena   La Encantada   San Martin   La Parrilla   Del Toro   La Guitarra   La Luz   Total
Balance at December 31, 2018 $8,412      $2,321      $6,709      $2,694      $3,245      $2,498      $1,615      $302      $27,796   
Movements during the year:                                  
                                   
Change in rehabilitation provision 301      2,338      500      4,051      696      945      469      238      9,538   
Reclamation costs incurred —      —      —      —      —      —      (104)     —      (104)  
Interest or accretion expense 744      207      592      237      282      219      129      —      2,410   
Foreign exchange loss (15)     105      311      121      114      107      69      76      888   
Balance at December 31, 2019 $9,442      $4,971      $8,112      $7,103      $4,337      $3,769      $2,178      $616      $40,528   
Movements during the year:                                  
Disposition of exploration project —      —      —      —      —      —      (153)     —      (153)  
Change in rehabilitation provision 4,527      1,191      2,049      1,240      830      772      217      59      10,885   
Reclamation costs incurred —      (55)     —      (81)     (20)     —      —      —      (156)  
Interest or accretion expense 565      295      477      418      259      226      122      —      2,362   
Foreign exchange loss (476)     (252)     (415)     (359)     (216)     (190)     (86)     (2)     (1,995)  
Balance at December 31, 2020 $14,059      $6,150      $10,223      $8,321      $5,190      $4,577      $2,278      $673      $51,471   

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 37


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
21. DECOMMISSIONING LIABILITIES (continued)
A provision for decommissioning liabilities is estimated based on current regulatory requirements and is recognized at the present value of such costs. The expected timing of cash flows in respect of the provision is based on the estimated life of the Company's mining operations. The discount rate is a risk-free rate determined based on Mexican pesos default swap rates ranging between 5.0% to 5.3% (2019 - 6.6% to 6.8%) for the respective estimated life of the operations.

The inflation rate used is based on historical Mexican inflation rate of 3.9% (2019 - 4.0%). The present value of reclamation liabilities may be subject to change based on changes to cost estimates, remediation technologies or applicable laws and regulations. Changes in decommissioning liabilities are recorded against mining interests.


22. INCOME TAXES

The following is a reconciliation of income taxes calculated at the combined Canadian federal and provincial statutory tax rate to the income tax expense for the year ended December 31, 2020 and 2019:
                                   
      Year Ended December 31,
          2020   2019
Earnings (loss) before tax
        $29,729      ($39,024)  
Combined statutory tax rate         27.00  %   27.00  %
Income tax expense (recovery) computed at statutory tax rate         8,027      (10,536)  
Reconciling items:
             
Effect of different foreign statutory tax rates on earnings of subsidiaries
        (4,760)     (24,320)  
Impact of foreign exchange on deferred income tax assets and liabilities
        15,688      (10,194)  
Change in unrecognized deferred income tax asset         (4,596)     30,399   
7.5% mining royalty in Mexico         7,415      (814)  
Other non-deductible expenses         758      3,256   
Impact of inflationary adjustments         (1,317)     (2,412)  
Change in tax provision estimates         10,387      23,987   
Impact of divestitures and restructurings         (16,724)     —   
               
Other         (8,236)     (7,916)  
Income tax expense
        $6,642      $1,450   
               
Statements of Earnings (Loss) Presentation              
Current income tax expense         $9,966      $16,423   
Deferred income tax recovery         (3,324)     (14,973)  
Income tax expense
        $6,642      $1,450   
Effective tax rate         22  %   (4  %)

As at December 31, 2020 and 2019, the Company has the following income tax receivable and payable balances:
                                   
      Year Ended December 31,
          2020   2019
Current income tax receivable         $—      $—   
Non-current income tax receivable               4,579   
          $—      $4,579   
               
Current income tax payable         $6,574      $149   
Non-current income tax payable         23,099      —   
          $29,673      $149   
           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 38


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
22. INCOME TAXES (continued)
During the years ended December 31, 2020 and 2019, the movement in deferred tax assets and deferred tax liabilities is shown as follows:
                                   
Deferred tax assets Losses  Provisions  Deferred tax asset not recognized  Other  Total
At December 31, 2018 $118,393    $16,508    ($68,348)   $3,556    $70,109   
Benefit (expense) to income statement 8,079    6,379    (32,156)   4,295    (13,403)  
Charged to equity —    —    —    994    994   
At December 31, 2019 $126,472    $22,887    ($100,504)   $8,845    $57,700   
Benefit to income statement 21,327    2,389    11,788    456    35,960   
           
At December 31, 2020 $147,799    $25,276    ($88,716)   $9,301    $93,660   
           
Deferred tax liabilities   Property, plant and equipment and mining interests Effect of
Mexican tax deconsolidation
 Other  Total
At December 31, 2018   $65,382    $6,744    $37,688    $109,814   
(Benefit) expense to income statement   (32,381)   498    (4,643)   (36,526)  
           
           
Reclassed to current income taxes payable   —    (2,813)   —    (2,813)  
At December 31, 2019   $33,001    $4,429    $33,045    $70,475   
(Benefit) expense to income statement   23,883    (113)   (18,311)   5,459   
Reclassed to current income taxes payable   —    (2,245)   —    (2,245)  
Charged to OCI   —    —    1,633    1,633   
Divestiture of exploration projects   —    —    (2,577)   (2,577)  
At December 31, 2020   $56,884    $2,071    $13,790    $72,745   
           
Statements of Financial Position Presentation          
Deferred tax assets         $51,141   
Deferred tax liabilities         63,916   
At December 31, 2019         $12,775   
Deferred tax assets         $69,644   
Deferred tax liabilities         48,729   
At December 31, 2020         ($20,915)  

At December 31, 2020, the Company recognized $69.6 million (2019 - $51.1 million) of net deferred tax assets in entities that have had a loss for tax purposes in either 2020 or 2019, or both. In evaluating whether it is probable that sufficient taxable income will be generated to realize the benefit of these deferred tax assets, the Company considered all available evidence, including approved budgets, forecasts and business plans and, in certain cases, tax planning opportunities.
The aggregate amount of taxable temporary differences associated with investments in subsidiaries for which deferred taxes have not been recognized, as at December 31, 2020 was $236.5 million (2019 - $379.3 million).






           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 39


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
22. INCOME TAXES (continued)
As at December 31, 2020 and 2019, the Company has available Canadian, Swiss and Mexican non-capital tax losses, which if not utilized will expire as follows:
                                                   
Year of expiry Canadian
non-capital losses
       Mexican
non-capital losses
  December 31, 2020   December 31, 2019
2020 $—          $—      $—      544   
2021 —          3,835      3,835      7,825   
2022 —          3,878      3,878      4,060   
2023 —          2,071      2,071      2,213   
2024 —          34,964      34,964      39,319   
2025 —          38,901      38,901      51,911   
2026 —          104,044      104,044      113,630   
2027 —          21,040      21,040      56,760   
2028 —          57,809      57,809      99,315   
2029 —          68,074      68,074      89,754   
2030 and after 3,141          149,721      152,862      22,209   
Total $3,141          $484,337      $487,478      $487,540   
Unrecognized losses $—          $199,775      $199,775      $208,253   


23. SHARE CAPITAL

(a)Authorized and issued capital

The Company has unlimited authorized common shares with no par value.

The movement in the Company’s issued and outstanding capital during the year is summarized in the consolidated statements of changes in equity.

                                               
  Year Ended December 31, 2020   Year Ended December 31, 2019
  Number of Shares   Net Proceeds   Number of Shares   Net Proceeds
ATM program(1)
5,654,338      $67,892   11,172,982      $81,916
Prospectus offering(2)
5,000,000      58,240   —     
  10,654,338      $126,132      11,172,982      $81,916   

(1) In December 2018, and subsequently amended in August 2019 and June 2020, the Company filed prospectus supplements to its short form base shelf prospectus, pursuant to which the Company may, at its discretion and from time-to-time, sell common shares of the Company for aggregate gross proceeds of up to $200.0 million. The sale of common shares is to be made through “at-the-market distributions” ("ATM"), as defined in the Canadian Securities Administrators’ National Instrument 44-102 Shelf Distributions, directly on the New York Stock Exchange. During the year ended December 31, 2020, First Majestic sold 5,654,338 common shares (December 31, 2019 - 11,172,982 common shares) of the Company under the ATM program at an average price of $12.31 (2019 - $7.55) for gross proceeds of $69.6 million (December 31, 2019 - $84.4 million), or net proceeds of $67.9 million (December 31, 2019 - $81.9 million) after costs. At December 31, 2020, the Company completed $154.0 million of the ATM program and the remaining $46.0 million balance of the program has been cancelled.

(2) In September 2020, the Company completed a bought deal prospectus offering to sell 5,000,000 common shares at a price of $11.82 (CAD$15.60) per common share for gross proceeds of $59.1 million (CAD$78.1 million), or net proceeds of $58.2 million after costs.



           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 40


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
23. SHARE CAPITAL (continued)
(b)Stock options
Under the terms of the Company’s 2020 Long-Term Incentive Plan ("LTIP"), the maximum number of shares reserved for issuance under the LTIP is 8% of the issued shares on a rolling basis. Options may be exercisable over periods of up to ten years as determined by the Board of Directors of the Company and the exercise price shall not be less than the closing price of the shares on the day preceding the award date, subject to regulatory approval. All stock options granted are subject to vesting with 25% vesting on first anniversary from the date of grant, and 25% vesting each six months thereafter.

The following table summarizes information about stock options outstanding as at December 31, 2020:
                                                                       
 
    Options Outstanding    
 
    Options Exercisable    
Exercise prices (CAD$) Number of
Options
  Weighted Average Exercise Price (CAD $/Share)   Weighted Average Remaining Life (Years)   Number of
Options
  Weighted Average Exercise Price (CAD $/Share)   Weighted Average Remaining Life (Years)
                       
4.80 - 10.00 2,821,206      8.60      7.70      1,323,015      8.67      7.07   
10.01 - 15.00 3,276,063      12.23      4.96      1,833,567      11.12      1.46   
15.01 - 20.00 831,928      15.95      7.59      117,232      16.04      1.14   
20.01 - 126.01 144,895      53.85      0.68      144,895      53.85      0.68   
  7,074,092      12.07      6.27      3,418,709      12.15      3.59   

The movements in stock options issued during the years ended December 31, 2020 and 2019 are summarized as follows:
                                               
  Year Ended   Year Ended
  December 31, 2020   December 31, 2019
  Number of
Options
  Weighted Average Exercise Price (CAD $/Share)   Number of
Options
  Weighted Average Exercise Price (CAD $/Share)
Balance, beginning of the year 7,583,439      10.70      9,266,098      10.76   
Granted 2,621,924      13.46      2,601,680      8.83   
Exercised (2,473,926)     7.50      (2,918,518)     7.54   
Cancelled or expired (657,345)     18.96      (1,365,821)     14.31   
Balance, end of the year 7,074,092      12.07      7,583,439      10.70   

During the year ended December 31, 2020, the aggregate fair value of stock options granted was $12.1 million (December 31, 2019 - $8.5 million), or a weighted average fair value of $4.63 per stock option granted (December 31, 2019 - $3.26).

During the year ended December 31, 2020, total share-based payments expense related to stock options was $7.0 million (2019 - $6.5 million).












           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 41


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
23. SHARE CAPITAL (continued)
(b)Stock options (continued)
The following weighted average assumptions were used in estimating the fair value of stock options granted using the Black-Scholes Option Pricing Model:
                                         
        Year Ended   Year Ended
Assumption  
Based on
  December 31, 2020   December 31, 2019
Risk-free interest rate (%)   Yield curves on Canadian government zero- coupon bonds with a remaining term equal to the stock options’ expected life   1.03   2.01
Expected life (years)   Average of the expected vesting term and expiry term of the option   5.83   5.80
Expected volatility (%)   Historical and implied volatility of the precious metals mining sector   49.00   51.29
Expected dividend yield (%)   Annualized dividend rate as of the date of grant    

The weighted average closing share price at date of exercise for the year ended December 31, 2020 was CAD$15.61 (December 31, 2019 - CAD$12.81).

(c) Restricted Share Units
The Company adopted the 2019 LTIP to allow the Company to grant to its directors, employees and consultants non-transferable Restricted Share Units ("RSU's") based on the value of the Company's share price at the date of grant. Unless otherwise stated, the awards typically have a graded vesting schedule over a three-year period and can be settled either in cash or equity upon vesting at the discretion of the Company. The Company intends to settle all RSU's in equity.

The associated compensation cost is recorded as share-based payments expense against equity reserves.

The following table summarizes the changes in RSU's for the years ended December 31, 2020 and 2019:
                                   
  Year Ended December 31, 2020   Year Ended December 31, 2019
  Number of shares Weighted
Average
Fair Value
(CAD$)
  Number of shares Weighted
Average
Fair Value
(CAD$)
Outstanding, beginning of the year 128,944    10.36      —    —   
Granted 211,192    15.72      274,520    9.67   
Settled (127,000)   10.32      (145,576)   9.06   
Forfeited (28,653)   15.93      —    —   
Outstanding, end of the year 184,483    15.66      128,944    10.36   

During the year ended December 31, 2020, total share-based payments expense related to RSUs was $0.8 million (2019 - $1.8 million).










           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 42


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
23. SHARE CAPITAL (continued)
(d)     Performance Share Units
The Company adopted the 2019 LTIP to allow the Company to grant to its directors, employees and consultants non-transferable Performance Share Units ("PSU's"). The amount of units to be issued on the vesting date will vary from 0% to 200% of the number of PSU’s granted, depending on the Company’s total shareholder return compared to the return of a selected group of peer companies. Unless otherwise stated, the awards typically vest three years from the grant date. The fair value of a PSU based on the value of the Company's share price at the date of grant and will be adjusted based on actual units issued on the vesting date. The Company intends to settle all PSU's in equity.

The following table summarizes the changes in PSU's granted to employees and consultants for the year ended December 31, 2020:    
                 
  Year Ended December 31, 2020
  Number of shares Weighted
Average
Fair Value
(CAD$)
Outstanding, beginning of the year —    —   
Granted 122,575    15.65   
     
Forfeited (13,540)   (15.93)  
Outstanding, end of the year 109,035    19.57   

During the year ended December 31, 2020, total share-based payments expense related to PSUs was $0.5 million (2019 - $nil).

(e)     Share Repurchase Program
The Company has an ongoing share repurchase program to repurchase up to 5% of the Company’s issued and outstanding shares. The normal course issuer bids will be carried through the facilities of the Toronto Stock Exchange and alternative Canadian marketplaces. During the year ended December 31, 2020, the Company repurchased and cancelled 275,000 common shares for a total consideration of $1.7 million through a normal course issuer bid in the open market as approved by the Toronto Stock Exchange. No shares were repurchased during the year ended December 31, 2019.



24. FINANCIAL INSTRUMENTS AND RELATED RISK MANAGEMENT

The Company’s financial instruments and related risk management objectives, policies, exposures and sensitivity related to financial risks are summarized below.

(a)     Fair value and categories of financial instruments

Financial instruments included in the consolidated statements of financial position are measured either at fair value or amortized cost. Estimated fair values for financial instruments are designed to approximate amounts for which the instruments could be exchanged in an arm’s-length transaction between knowledgeable and willing parties.

The Company uses various valuation techniques in determining the fair value of financial assets and liabilities based on the extent to which the fair value is observable. The following fair value hierarchy is used to categorize and disclose the Company’s financial assets and liabilities held at fair value for which a valuation technique is used:

Level 1: Unadjusted quoted prices in active markets that are accessible at the measurement date for identical assets or liabilities.
Level 2: All inputs which have a significant effect on the fair value are observable, either directly or indirectly, for substantially the full contractual term.
Level 3: Inputs which have a significant effect on the fair value are not based on observable market data.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 43


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
24. FINANCIAL INSTRUMENTS AND RELATED RISK MANAGEMENT (continued)
(a)     Fair value and categories of financial instruments (continued)

The table below summarizes the valuation methods used to determine the fair value of each financial instrument:
                 
Financial Instruments Measured at Fair Value   Valuation Method
Trade receivables (related to concentrate sales)  
Receivables that are subject to provisional pricing and final price adjustment at the end of the quotational period are estimated based on observable forward price of metal per London Metal Exchange (Level 2)
     
Marketable securities   Based on quoted market prices for identical assets in an active market (Level 1) as at the date of statements of financial position
Silver futures derivatives  
Foreign currency derivatives  
     
Financial Instruments Measured at Amortized Cost   Valuation Method
Cash and cash equivalents   Approximated carrying value due to their short-term nature
Trade and other receivables    
Trade and other payables    
Debt facilities   Assumed to approximate carrying value as discount rate on
    these instruments approximate the Company's credit risk.

The following table presents the Company’s fair value hierarchy for financial assets and financial liabilities that are measured at fair value:
                                                                       
  December 31, 2020   December 31, 2019
      Fair value measurement       Fair value measurement
  Carrying value   Level 1   Level 2   Carrying value   Level 1   Level 2
Financial assets                      
Trade receivables $—      $—      $—      $1,182      $—      $1,182   
Marketable securities (Note 13)
36,319      30,996      5,323      6,506      6,506      —   
                       
Foreign currency derivatives (Note 13)
—      —      —      982      982      —   
                       
                       
                       
                       
                       

There were no transfers between levels 1, 2 and 3 during the years ended December 31, 2020 and 2019.

(b) Capital risk management
The Company’s objectives when managing capital are to maintain financial flexibility to continue as a going concern while
optimizing growth and maximizing returns of investments from shareholders.

The Company monitors its capital structure and, based on changes in operations and economic conditions, may adjust the structure by repurchasing shares, issuing new shares, issuing new debt or retiring existing debt. The Company prepares annual budget and quarterly forecasts to facilitate the management of its capital requirements. The annual budget is approved by the Company’s Board of Directors.









           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 44


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
24. FINANCIAL INSTRUMENTS AND RELATED RISK MANAGEMENT (continued)
(b) Capital risk management (continued)
The capital of the Company consists of equity (comprising of issued capital, equity reserves and retained earnings or accumulated deficit), debt facilities, lease liabilities, net of cash and cash equivalents as follows:
                       
  December 31,
2020
  December 31,
2019
Equity $850,236      $662,321   
Debt facilities 152,708      155,818   
Lease liabilities 20,575      21,936   
Less: cash and cash equivalents (238,578)     (169,009)  
       
  $784,941      $671,066   

The Company’s investment policy is to invest its cash in highly liquid short-term investments with maturities of 90 days or less, selected with regards to the expected timing of expenditures from operations. The Company expects that its available capital resources will be sufficient to carry out its development plans and operations for at least the next 12 months.

The Company is not subject to any externally imposed capital requirements with the exception of complying with covenants under the debt facilities (Note 19) and lease liabilities. As at December 31, 2020 and December 31, 2019, the Company was in compliance with these covenants.

(c) Financial risk management
The Company thoroughly examines the various financial instruments and risks to which it is exposed and assesses the impact and likelihood of those risks. These risks may include credit risk, liquidity risk, currency risk, commodity price risk, and interest rate risk. Where material, these risks are reviewed and monitored by the Board of Directors.

Credit Risk
Credit risk is the risk of financial loss if a customer or counterparty fails to meet its contractual obligations. The Company’s credit risk relates primarily to chartered banks, trade receivables in the ordinary course of business, value added taxes receivable and other receivables.

As at December 31, 2020, value added taxes (“VAT”) receivable was $56.9 million (2019 - $29.6 million), of which $37.9 million (2019 - $14.2 million) relates to Primero Empresa Minera, S.A. de C.V. ("PEM"). Servicio de Administración Tributaria (“SAT”) has not been responsive to VAT refund requests by PEM nor provided any legal basis for withholding these VAT receivables. The Company believes that it has full legal rights to these VAT refunds and expects the amounts to be refunded in the future. As at December 31, 2020, VAT receivables totaling $15.3 million are currently being pursued in Mexican Courts. Due to the uncertain timeline associated with recovery of these amounts, the Company reclassified such amounts as non-current assets though, in the Company's opinion, such amounts are currently due and payable to the Company.

The Company sells and receives payment upon delivery of its silver doré and by-products primarily through three international customers. All of the Company's customers have good ratings and payments of receivables are scheduled, routine and fully received within 60 days of submission; therefore, the balance of trade receivables owed to the Company
in the ordinary course of business is not significant.

The carrying amount of financial assets recorded in the consolidated financial statements represents the Company’s maximum exposure to credit risk. With the exception to the above, the Company believes it is not exposed to significant credit risk.




           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 45


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
24. FINANCIAL INSTRUMENTS AND RELATED RISK MANAGEMENT (continued)
(c) Financial risk management (continued)

Liquidity Risk

Liquidity risk is the risk that the Company will not be able to meet its financial obligations as they arise. The Company manages liquidity risk by monitoring actual and projected cash flows and matching the maturity profile of financial assets and liabilities. Cash flow forecasting is performed regularly to ensure that there is sufficient capital in order to meet short-term business requirements, after taking into account cash flows from operations and our holdings of cash and cash equivalents.

The following table summarizes the maturities of the Company’s financial liabilities as at December 31, 2020 based on the undiscounted contractual cash flows:
                                                                             
    Carrying Amount  
Contractual
Cash Flows
  Less than
1 year
  2 to 3
years
  4 to 5
years
  After 5 years
Trade and other payables   $76,002      $76,002      $76,002      $—      $—      $—   
Debt facilities   152,708      174,082      13,180      160,902      —      —   
Lease liabilities   20,575      16,520      4,557      6,562      4,692      709   
Other liabilities   5,406      5,406      —      —      —      5,406   
                         
    $254,691      $272,010      $93,739      $167,464      $4,692      $6,115   

At December 31, 2020, the Company had working capital of $254.4 million (December 31, 2019 – $171.1 million). Total available liquidity at December 31, 2020 was $319.4 million, including $65.0 million of undrawn revolving credit facility.

The Company believes it has sufficient cash on hand, combined with cash flows from operations, to meet operating requirements as they arise for at least the next 12 months. If the Company needs additional liquidity to meet obligations, the Company may consider drawing on its debt facility, securing additional debt financing and/or equity financing.

Currency Risk

The Company is exposed to foreign exchange risk primarily relating to financial instruments that are denominated in Canadian dollars or Mexican pesos, which would impact the Company’s net earnings or loss. To manage foreign exchange risk, the Company may occasionally enter into short-term foreign currency derivatives, such as forwards and options, to hedge its cash flows.

The sensitivity of the Company’s net earnings or loss and comprehensive income or loss due to changes in the exchange rates of the Canadian dollar and the Mexican peso against the U.S. dollar is included in the table below:
                                                                                       
  December 31, 2020
  Cash and cash equivalents   Trade and other receivables   Value added taxes receivable   Other financial assets   Trade and other payables       Net assets (liabilities) exposure   Effect of +/- 10% change in currency
Canadian dollar $75,958      $74      $—      $10,140      ($3,133)         $83,039      $8,304   
Mexican peso 8,369      —      53,201      —      (42,763)         18,807      1,881   
  $84,327      $74      $53,201      $10,140      ($45,896)         $101,846      $10,185   

The Company utilizes certain derivatives to manage its foreign exchange exposures to the Mexican Peso. During the year ended December 31, 2020, the Company realized a foreign exchange loss of $11.5 million (2019 - gain of $2.1 million) and an unrealized loss of $0.9 million (2019 - gain of $1.0 million) on fair value adjustments to its foreign currency derivatives. As at December 31, 2020, the Company does not hold any foreign currency derivatives (2019 - $0.9 million).



           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 46


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
24. FINANCIAL INSTRUMENTS AND RELATED RISK MANAGEMENT (continued)
(c) Financial risk management (continued)

Commodity Price Risk

The Company is exposed to commodity price risk on silver and gold, which have a direct and immediate impact on the value of its related financial instruments and net earnings. The Company’s revenues are directly dependent on commodity prices that have shown volatility and are beyond the Company’s control. The Company does not use derivative instruments to hedge its commodity price risk to silver

The following table summarizes the Company’s exposure to commodity price risk and their impact on net earnings:
                                           
      December 31, 2020
  Effect of +/- 10% change in metal prices
  Silver   Gold           Total
                   
Metals in doré inventory $104      $226              $330   
  $104      $226              $330   

Interest Rate Risk
The Company is exposed to interest rate risk on its short-term investments, debt facilities and lease liabilities. The Company monitors its exposure to interest rates and has not entered into any derivative contracts to manage this risk. The Company’s interest bearing financial assets comprise of cash and cash equivalents which bear interest at a mixture of variable and fixed rates for pre-set periods of time.

As at December 31, 2020, the Company’s exposure to interest rate risk on interest bearing liabilities is limited to its debt facilities and lease liabilities. Based on the Company’s interest rate exposure at December 31, 2020, a change of 25 basis points increase or decrease of market interest rate does not have a significant impact on net earnings or loss.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 47



           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
25. SUPPLEMENTAL CASH FLOW INFORMATION
                                           
          Year Ended December 31,
              2020   2019
                   
                   
                   
                   
                   
                   
Other adjustments to investing activities:                  
Purchase of marketable securities             ($1,522)     $—   
Proceeds from disposal of marketable securities             664      867   
Cash received on settlement of derivatives             2,079      2,555   
              $1,221      $3,422   
Net change in non-cash working capital items:
                 
Decrease in trade and other receivables             $24      $1,304   
(Increase) decrease in value added taxes receivable             (27,525)     30,028   
(Increase) decrease in inventories             (4,288)     2,829   
(Increase) decrease in prepaid expenses and other             (692)     776   
Decrease in income taxes payable             (1,115)     (6,569)  
Increase in trade and other payables             10,765      8,959   
              ($22,831)     $37,327   
Non-cash investing and financing activities:
                 
Transfer of share-based payments reserve upon settlement of RSUs             $992      $988   
Transfer of share-based payments reserve upon exercise of options             5,903      5,986   
Acquisition of mining interests             (8,179)     —   
                   
                   
                   

As at December 31, 2020, cash and cash equivalents include $6.4 million (2019 - $5.2 million) that are held in-trust as bonds for tax audits in Mexico that are expected to be resolved within the next 12 months.


26. CONTINGENCIES AND OTHER MATTERS
Due to the size, complexity and nature of the Company’s operations, various legal and tax matters arise in the ordinary course of business. The Company accrues for such items when a liability is probable and the amount can be reasonably estimated. In the opinion of management, these matters will not have a material effect on the consolidated financial statements of the Company.

Claims and Legal Proceedings Risks
The Company is subject to various claims and legal proceedings covering a wide range of matters that arise in the ordinary course of business activities. Many factors, both known and unknown, could cause actual results, performance or achievements to be materially different from the results, performance or achievements that are or may be expressed or implied by such forward-looking statements or information and the Company has made assumptions and estimates based on or related to many of these factors. Such factors include, without limitation: availability of time on court calendars in Canada and elsewhere; the recognition of Canadian judgments under Mexican law; the possibility of settlement discussions; the risk of appeal of judgment; and the insufficiency of the defendant’s assets to satisfy the judgment amount. Each of these matters is subject to various uncertainties and it is possible that some of these matters may be resolved unfavourably to the Company. First Majestic carries liability insurance coverage and establishes provisions for matters that are probable and can be reasonably estimated. In addition, the Company may be involved in disputes with other parties in the future which may result in a significant impact on our financial condition, cash flow and results of operations.

Although the Company has taken steps to verify ownership and legal title to mineral properties in which it has an interest, according to the usual industry standards for the stage of mining, development and exploration of such properties, these procedures do not guarantee the Company’s title. Such properties may be subject to prior agreements or transfers, and title may be affected by undetected defects. However, management is not aware of any such agreements, transfers or defects.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 48


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
26. CONTINGENCIES AND OTHER MATTERS (continued)
Primero Tax Rulings
When Primero Mining Corp. ("Primero") acquired the San Dimas Mine in August 2010, it had a Silver Purchase Agreement (“Old Stream Agreement”) that required PEM to sell 100% of the silver produced from the San Dimas mine to WPMI, up to 6 million ounces and 50% of silver produced thereafter, at the lower of: (i) the spot market price and (ii) $4.04 per ounce plus an annual increase of 1%.

In order to reflect commercial realities and the effects of the Old Stream Agreement, for Mexican income tax purposes, PEM recognized the revenue on these silver sales based on its actual realized revenue (“PEM Realized Price”) instead of at spot market prices.

To obtain assurance that the SAT would accept the PEM Realized Price as the price to use to calculate Mexican income taxes, Primero applied for and received an Advance Pricing Agreement (“APA”) from the SAT. The APA confirmed that the PEM Realized Price would be used as Primero’s basis for calculating taxes owed by Primero on the silver sold under the Old Stream Agreement. Primero believed that the intent of an APA was to have SAT provide tax certainty and as a result made significant investments in Mexico based on that certainty. On October 4, 2012, Primero received the APA Ruling from SAT which confirmed the appropriate price for sales of silver under the Old Stream Agreement was the PEM Realized Price. Under Mexican tax law, an APA ruling is generally applicable for a five year period and this ruling was made effective for 2010 to 2014.

In February 2016, PEM received a legal claim from the SAT seeking to nullify the APA. The legal claim initiated does not identify any different basis for paying taxes. The Company is continuing PEM's effort to vigorously defend the validity of its APA. If the SAT were successful in retroactively nullifying the APA, the SAT may seek to audit and reassess PEM in respect of its sales of silver in connection with the Old Stream Agreement for 2010 through 2014. If the SAT were successful in retroactively nullifying the APA and issuing reassessments, it would likely have a material adverse effect on the Company’s results of operations, financial condition and cash flows. Should the Company ultimately be required to pay tax on its silver revenues based on market prices without any mitigating adjustments, the incremental income tax for the years 2010-2018 would be approximately $219.2 million (4,373 million MXN), before interest or penalties.

In 2019, as part of the ongoing annual audits of the PEM tax returns, the SAT issued reassessments (the "Reassessments") for the 2010 to 2012 tax years in the total amount of $246.6 million (4,919 million MXN) inclusive of interest, inflation, and penalties. The Company believes that the Reassessments were issued in violation of the terms of the APA. The key items relate to the view that PEM should pay taxes based on the market price of silver and denial of the deductibility of interest expense and service fees in Mexico all of which the Company disagrees with. The Company continues to defend the APA in the Mexican legal proceedings, and initiated proceedings under relevant tax treaties between the competent tax authorities of Mexico, Canada, Luxembourg and Barbados, all of which were subsequently dismissed on a unilateral basis by the SAT ("Dismissals") in May 2020. The Company believes that the Dismissals have no legal basis and breach international obligations regarding double taxation treaties, and that the APA remains valid and legally binding. The Company will continue disputing the Reassessments, exhausting its domestic and international remedies.

While the Company continues to vigorously defend the validity of the APA and its transfer pricing position, it is also engaging in various proceedings with the SAT seeking to resolve matters and bring tax certainty through a negotiated solution. Despite these extensive efforts and ongoing legal challenges to the Reassessments and the Dismissals, in April 2020, SAT issued notifications to PEM to attempt to secure amounts it claims are owed pursuant to its reassessments issued. These notifications impose certain restrictions on PEM including its ability to dispose its concessions and real properties.






           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 49


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
26. CONTINGENCIES AND OTHER MATTERS (continued)
Primero Tax Rulings (continued)
The Company has challenged SAT’s Reassessments and Dismissals through all domestic means available to it, including annulment suits before the Mexican Federal Tax Court on Administrative Matters ("Federal Court"), which has yet to be resolved, and a complaint before Mexico’s Federal Taxpayer Defense Attorney's Office (known as “PRODECON”), which determined that PEM has all legal remedies at its disposal and it has already challenged every SAT ruling, thus the matter must be decided by Mexican Courts. The Company believes that these actions are neither fair nor equitable and are discriminatory against the Company as a foreign investor and amount to a denial of justice under international law, in addition to violating various provisions of the Federal Constitution of the United Mexican States and Mexican domestic law, and Mexican court precedents. As a result, on May 13, 2020, the Company provided to the Government of Mexico notice of its intention to initiate an international arbitration proceeding (“Notice of Intent”) pursuant to the North American Free Trade Agreement (“NAFTA”). The Notice of Intent initiated a 90-day period for the Government of Mexico to enter into good faith and amicable negotiations with the Company to resolve the dispute. On August 11, 2020, the 90-day period expired without any resolution of the dispute.

In September 2020, the Company was served with a decision made by the Federal Court to nullify the APA granted to PEM. The Federal Court’s decision directs SAT to re-examine the evidence and basis for the issuance of the APA with retroactive effect, for the following key reasons:
(i) SAT’s errors in analyzing PEM’s request for the APA and the evidence provided in support of the request; and
(ii) SAT’s failure to request from PEM certain additional information before issuing the APA.

The Company’s legal advisors reviewed the written reasons and are of the view that the Federal Court’s decision is flawed both due to SAT's procedural irregularities and failure to address the relevant evidence and legal authorities. In addition, they consider that the laws applied to PEM in the decision are unconstitutional. As a result, the Company filed an appeal of the decision to the Mexican Circuit Courts on November 30, 2020.

Based on the Company’s assessments with third party advisors, the Company believes Primero filed its tax returns compliant with applicable Mexican law and, therefore, no liability has been recognized in the financial statements.

To the extent it is ultimately determined that the appropriate price of silver sales under the Old Stream Agreement is significantly different from the PEM Realized Price and while PEM would have rights of appeal in connection with any reassessments, it is likely to have a material effect on the Company’s business, financial position and results of operations.


La Encantada Tax Re-assessments
In December 2019, as part of the ongoing annual audits of the tax returns of Minera La Encantada S.A. de C.V. (“MLE”), the SAT issued tax assessments for fiscal 2012 and 2013 in the amount of $7.8 million and $6.3 million, respectively.  The key items relate to forward silver purchase agreement and denial of the deductibility of mine development costs and service fees.  The Company continues to defend the validity of the forward silver purchase agreement and will vigorously dispute the assessments that have been issued.  The Company, based on advice from legal and financial advisors believes MLE’s tax filings were appropriate and its tax filing position is correct, therefore no liability has been recognized in the financial statements.           
First Silver litigation

In April 2013, the Company received a positive judgment on the First Silver litigation from the Supreme Court of British Columbia (the “Court”), which awarded the sum of $93.8 million in favour of First Majestic against Hector Davila Santos (the “Defendant”). The Company received a sum of $14.1 million in June 2013 as partial payment of the judgment, leaving an unpaid amount of approximately $62.8 million (CAD$81.5 million). As part of the ruling, the Court granted orders restricting any transfer or encumbrance of the Bolaños Mine by the Defendant and limiting mining at the Bolaños Mine. The orders also require that the Defendant to preserve net cash flow from the Bolaños Mine in a holding account and periodically provide to the Company certain information regarding the Bolaños Mine. However, there can be no guarantee that the remainder of the judgment amount will be collected and it is likely that it will be necessary to take additional action in Mexico and/or elsewhere to recover the balance. Therefore, as at December 31, 2020, the Company has not accrued any of the remaining $64.2 million (CAD$81.5 million) unrecovered judgment in favour of the Company.

           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 50


           
NOTES TO AUDITED CONSOLIDATED FINANCIAL STATEMENTS
(Tabular amounts are expressed in thousands of US dollars)  
27. SUBSIDIARIES
The consolidated financial statements of the Company include the following significant subsidiaries as at December 31, 2020 and 2019 as follows:
                             
Name of subsidiary Operations and Projects Location  2020
% Ownership
 2019
% Ownership
First Majestic Silver Corp. Parent company and bullion sales  Canada 100% 100%
Corporación First Majestic, S.A. de C.V.  Holding company  Mexico 100% 100%
Primero Empresa Minera, S.A de C.V. San Dimas Silver/Gold Mine  Mexico 100% 100%
Nusantara de Mexico, S.A. de C.V. Santa Elena Silver/Gold Mine  Mexico 100% 100%
Minera La Encantada, S.A. de C.V. La Encantada Silver Mine  Mexico 100% 100%
         
First Majestic Plata, S.A. de C.V. La Parrilla Silver Mine  Mexico 100% 100%
Minera El Pilón, S.A. de C.V. San Martin Silver Mine  Mexico 100% 100%
First Majestic Del Toro, S.A. de C.V. Del Toro Silver Mine  Mexico 100% 100%
La Guitarra Compañia Minera, S.A. de C.V. La Guitarra Silver Mine  Mexico 100% 100%
Majestic Services, S.A. de C.V. Service company  Mexico 100% 100%
         
FM Metal Trading (Barbados) Ltd. Metals trading company Barbados 100% 100%
         
FMS Trading AG Metals trading company Switzerland 100% 100%
         
         
         
         
         
         
         
         
         
         
         
         


28. KEY MANAGEMENT COMPENSATION
                       
   Year Ended December 31,
  2020   2019
Salaries, bonuses, fees and benefits      
Independent members of the Board of Directors $803      $790   
Other members of key management 3,937      4,267   
Share-based payments      
Independent members of the Board of Directors 402      439   
Other members of key management 2,646      2,975   
  $7,788      $8,471   



29. SUBSEQUENT EVENTS

Completion of Second Payment to First Mining for Acquisition of the Springpole Stream

On January 21, 2021, First Majestic completed its second payment of $7.5 million to First Mining for the acquisition of the Springpole Stream by paying $3.75 million in cash and issuing 287,300 common shares. The payment was due upon First Mining's announcement on January 20, 2021 of its positive results of a Pre-Feasibility Study ("PFS") for the Springpole Gold Project, located in northwestern Ontario, Canada. The PFS results support a 30,000 tonnes-per-day open pit mining operation over an 11 year mine life.


           
The accompanying notes are an integral part of the audited consolidated financial statements  
First Majestic Silver Corp. 2020 Annual Report
Page 51