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building a STRONGER foundation - Cemex

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CEMEX, S.A.B. DE C.V. AND SUBSIDIARIES<br />

Notes to the Consolidated Financial Statements – (Continued)<br />

As of December 31, 2010, 2009 and 2008<br />

(Millions of Mexican pesos)<br />

Changes to the consolidated valuation allowance of deferred tax assets in 2010, 2009 and 2008 were as follows:<br />

2010 2009 2008<br />

Balance at the beginning of the period .............................................................. Ps (32,079) (27,194) (21,093)<br />

Increases........................................................................................................ (14,780) (18,638) (5,652)<br />

Decreases 1.................................................................................................... 3,436 13,547 1,571<br />

Translation effects......................................................................................... 3,286 206 (2,020)<br />

Balance at the end of the period ........................................................................ Ps (40,137) (32,079) (27,194)<br />

The changes in consolidated deferred income taxes during 2010, 2009 and 2008 were as follows:<br />

2010 2009 2008<br />

Deferred income tax charged to the statements of operations ...........................Ps 3,524 19,255 30,971<br />

Deferred income tax in stockholders’ equity 2 .................................................. 778 941 (362)<br />

Reclassification to other captions in the balance sheet ..................................... (1,054) 1,060 –<br />

Change in deferred income tax for the period..................................................Ps 3,248 21,256 30,609<br />

1 Includes in 2009 the reclassification of the liability related to the income tax law reforms in Mexico.<br />

2 The change in stockholders’ equity in 2010 and 2009, includes an expense of Ps338 and an income of Ps585, respectively, related to the effect generated for<br />

the future tax deduction of the debt components of both the 2010 Optional Convertible Subordinated Notes and the Mandatorily Convertible Securities (note<br />

12). In 2008, this includes a debit of Ps920 related to the initial effect of deferred tax liabilities on investment in associates, recognized within “Retained<br />

earnings,” and a credit of Ps558 related to the deferred tax asset on items directly recognized in stockholders’ equity.<br />

CEMEX believes that sufficient taxable income will be generated as to realize the tax benefits associated with the deferred income tax assets<br />

and tax loss carryforwards, prior to their expiration. Nevertheless, a valuation allowance is recorded for the deferred tax assets on tax loss<br />

carryforwards that are estimated and may not be recoverable in the future. In the event that present conditions change, and it is determined<br />

that future operations would not generate sufficient taxable income, the valuation allowance on deferred tax assets would be increased against<br />

the results of the period.<br />

CEMEX, S.A.B de C.V. has not provided for any deferred tax liability for the undistributed earnings generated by its subsidiaries, recognized<br />

under the equity method, considering that such undistributed earnings are expected to be reinvested and not generating income tax in the<br />

foreseeable future. Likewise, CEMEX does not recognize a deferred income tax liability related to its investments in subsidiaries and interests<br />

in joint ventures, considering that CEMEX controls the reversal of the temporary differences arising from these investments.<br />

C) EFFECTIVE TAX RATE<br />

Differences between the financial reporting and the corresponding tax basis of assets and liabilities and the different income tax rates and<br />

laws applicable to CEMEX, among other factors, give rise to permanent differences between the statutory tax rate applicable in Mexico, and<br />

the effective tax rate presented in the consolidated statements of operations, which in 2010, 2009 and 2008 were as follows:<br />

2010 2009 2008<br />

% % %<br />

Consolidated statutory tax rate .............................................................................. (30.0) (28.0) (28.0)<br />

Non-taxable dividend income................................................................................ – (7.4) (15.6)<br />

Other non-taxable income 1................................................................................... (14.7) (179.9) (32.6)<br />

Expenses and other non-deductible items.............................................................. (3.1) 30.8 25.3<br />

Non-taxable sale of marketable securities and fixed assets ................................... 21.0 (86.9) (7.4)<br />

Difference between book and tax inflation............................................................ 11.7 27.1 8.0<br />

Other tax non-accounting benefits......................................................................... 46.3 (0.5) (8.6)<br />

Foreign exchange fluctuations 2 ............................................................................ 3.2 12.8 (37.8)<br />

Others.................................................................................................................... 3.2 4.3 (4.3)<br />

Effective consolidated tax rate .............................................................................. 37.6 (227.7) (101.0)<br />

1 Includes the effects of the different income tax rates in the countries where CEMEX operates.<br />

2 Includes the effects of foreign exchange fluctuations recognized as translation effects (note 16B).<br />

F-46

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