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20.1.6.19 NOTE 19 – INCOME TAXES<br />

INCOME TAX EXPENSE<br />

The main components of income taxes for the years ended 31 December 2012, 2011 and 2010 are presented below:<br />

In EUR million 2012 2011 2010<br />

Amounts reported in the consolidated statements of income<br />

Current tax – current year (152) (74) (114)<br />

Current tax – prior years 14 (22) 18<br />

Deferred taxes due to temporary differences 44 16 (5)<br />

Deferred taxes from tax losses carried-forward (16) 79 22<br />

Changes in deferred taxes due to changes in tax rates or tax law 2 1 43<br />

INCOME TAX (EXPENSE) / BENEFIT REPORTED IN<br />

STATEMENT OF INCOME (108) - (36)<br />

In consolidated reserves<br />

Revaluation of AFS assets (98) 82 (1)<br />

Other 25 1 6<br />

INCOME TAX (EXPENSE) / BENEFIT REPORTED IN EQUITY (73) 83 5<br />

RECONCILIATION OF EXPECTED TO ACTUAL TAX EXPENSE<br />

A reconciliation of the income tax expense, obtained by applying the French tax rate of 36.10% for 2012 and 2011 and<br />

3<strong>4.4</strong>3% for 2010 to income before income taxes to the actual income tax expense recorded in the statement of income is<br />

presented in the table below. The effective rate in 2012 is 20.4% (2011: 0.0% and 2010: 7.8%).<br />

The main reconciling items are due to the difference between local income tax rate of each taxable entity and the Group tax<br />

rate, permanent differences reported by each entity, reduced rates and specific items.<br />

In EUR million 2012 2011 2010<br />

Income before income tax 526 330 455<br />

Theoretical income tax at 36.10% (for 2012 and 2011) and<br />

3<strong>4.4</strong>3% (for 2010) (190) (119) (157)<br />

Reconciling items to actual income tax (expense) / benefit<br />

Differences between French and local tax rates 91 53 43<br />

Tax-exempt income (1) 4 61 15<br />

Non-deductible expenses (15) (16) (6)<br />

Recognition or utilization of tax losses for which no deferred tax<br />

assets have been recognized - - 5<br />

Write-down and reversal of previous write-down of deferred tax<br />

assets (3) 13 52<br />

Changes in tax <strong>risk</strong> provision (1) (25) (21)<br />

Non creditable / refundable withholding tax (3) (4) (1)<br />

Changes in tax rates 2 3 43<br />

Share based payments (8) 2 (5)<br />

Income taxes prior years 16 37 (4)<br />

Others (1) (5) -<br />

ACTUAL TAX (EXPENSE) / BENEFIT (108) - (36)<br />

2011 included the recognition of tax-exempt gain from bargain purchase for the acquired Transamerica Re business<br />

resulting in a EUR 44 million reconciling item.The exceptional contribution on income tax has been renewed by the Finance<br />

Bill 2013 for two more years and therefore will be applicable for all fiscal years between 31 December 2012 and<br />

31 December 2015. As a result, the income tax rate will remain at 36.10% for these fiscal years (against 3<strong>4.4</strong>3% for 2010)<br />

and will be 3<strong>4.4</strong>3% again from fiscal year 2016 onwards. This temporary tax rate change would have no material impact on<br />

the net deferred tax assets of the French tax group and, consequently, it has not been taken into account for the<br />

measurement of deferred taxes.<br />

Income tax <strong>risk</strong> provisions have been reviewed and adjusted as part of the regular tax <strong>risk</strong> provisioning process.<br />

The increased difference between French and local tax rates in 2012 reflects the beneficial tax rate mix composition for the<br />

Group and the increase of the pre-tax results compared to 2011.<br />

The reduction of the tax-exempt income resulted from lower tax-exempt investment returns.<br />

Due to the finalization of income tax returns and refinement of prior periods' income tax positions in 2011 and 2012,<br />

particularly in Germany and France, prior year tax benefits were recognized.<br />

259

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