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building a STRONGER foundation - Cemex

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For the year ended December 31, 2009, we had a net loss of approximately Ps2.1 billion in the item “Results from financial<br />

instruments” as compared to a net loss of Ps15.2 billion in 2008. The loss in 2009 is mainly attributable to the currency derivatives we<br />

held and closed during the year, offset by the positive result from changes in market value of the equity derivatives remaining in our<br />

portfolio.<br />

Income Taxes. Our income tax effect in the statement of operations, which is primarily comprised of income taxes plus deferred<br />

income taxes, decreased from an income of Ps23.0 billion in 2008 to an income of Ps10.6 billion in 2009, mainly attributable to an<br />

increase in taxable earnings in our Mexican and South American operations. Our current income tax expense increased 9%, from<br />

Ps8.0 billion in 2008 to Ps8.7 billion in 2009. Our deferred tax benefit decreased from Ps31.0 billion in 2008 to Ps19.3 billion in 2009.<br />

The decrease was primarily attributable to the utilization of tax loss carryforwards during the period, the increases in the statutory<br />

income tax rate in Mexico from 28% to 30% in future periods, as well as the increase in valuation allowances relating to tax loss<br />

carryforwards. For the years ended December 31, 2008 and 2009, our statutory income tax rate was 28%. Our effective tax rate in<br />

2008 resulted in a tax rate of 101.0%, considering a loss before income tax of approximately Ps22.7 billion, while our effective tax<br />

rate in 2009 resulted in a tax rate of 227.7%, considering a loss before income tax of approximately Ps4.6 billion. See “Item 3 — Key<br />

Information — Risk Factors — The Mexican tax consolidation regime may have an adverse effect on cash flow, financial condition<br />

and net income.”<br />

Consolidated Net Income. For the reasons described above, our consolidated net income (before deducting the portion allocable<br />

to non-controlling interest) for 2009 decreased approximately Ps674 million, or 29%, from Ps2.3 billion in 2008 to Ps1.6 billion in<br />

2009. As a percentage of revenues, consolidated net income remained flat at approximately 1% in 2008 and 2009.<br />

Controlling Interest Net Income. Controlling interest net income represents the difference between our consolidated net income<br />

and non-controlling interest net income, which is the portion of our consolidated net income attributable to those of our subsidiaries in<br />

which non-associated third parties hold interests. Controlling interest net income decreased by approximately 38%, from Ps2.3 billion<br />

in 2008 to Ps1.4 billion in 2009. As a percentage of revenues, controlling interest net income remained flat in 2009 compared to 2008.<br />

Non-controlling Interest Net Income. Changes in non-controlling interest net income in any period reflect changes in the<br />

percentage of the stock of our subsidiaries held by non-associated third parties as of the end of each month during the relevant period<br />

and the consolidated net income attributable to those subsidiaries. Non-controlling interest net income increased substantially, from<br />

Ps45 million in 2008 to Ps240 million in 2009, mainly as a result of a significant increase in the net income of the consolidated entities<br />

in which others have a non-controlling interest. As a result, the percentage of our consolidated net income allocable to non-controlling<br />

interests increased from 2% in 2008 to 15% in 2009.<br />

Liquidity and Capital Resources<br />

Operating Activities<br />

We have satisfied our operating liquidity needs primarily through operations of our subsidiaries and expect to continue to do so<br />

for both the short and long-term. Although cash flow from our operations has historically met our overall liquidity needs for<br />

operations, servicing debt and funding capital expenditures and acquisitions, our subsidiaries are exposed to risks from changes in<br />

foreign currency exchange rates, price and currency controls, interest rates, inflation, governmental spending, social instability and<br />

other political, economic and/or social developments in the countries in which they operate, any one of which may materially reduce<br />

our net income and cash from operations. Consequently, in order to meet our liquidity needs, we also rely on cost-cutting and<br />

operating improvements to optimize capacity utilization and maximize profitability, as well as borrowing under credit facilities,<br />

proceeds of debt and equity offerings, and proceeds from asset sales. Our consolidated net cash flows provided by operating activities<br />

from continuing operations were approximately Ps38.5 billion in 2008, Ps33.7 billion in 2009 and Ps21.8 billion in 2010. See our<br />

Statement of Cash Flows included elsewhere in this annual report.<br />

Sources and Uses of Cash<br />

Beginning in 2008, the new MFRS B-2, Statement of Cash Flows (“MFRS B-2”), established the incorporation of a new cash<br />

flow statement, included elsewhere in this annual report, which presents cash inflows and outflows in nominal currency as part of the<br />

basic financial statements, replacing the statement of changes in financial position, which included inflation effects and foreign<br />

exchange effects not realized.<br />

Our review of sources and uses of resources presented below refers to nominal amounts included in our statement of cash flows<br />

for 2008, 2009 and 2010.<br />

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