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PolyOne 2009 Annual Report

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POLYONE CORPORATION<br />

<strong>2009</strong>. However, such additional costs, if any, cannot be currently<br />

estimated. Our estimate of this liability may be revised as new<br />

regulations or technologies are developed or additional information<br />

is obtained. These remediation costs are expected to be paid over<br />

the next 30 years.<br />

The following table details the changes in the environmental<br />

accrued liabilities:<br />

(In millions) <strong>2009</strong> 2008 2007<br />

Balance at beginning of the year $ 85.6 $ 83.8 $ 59.5<br />

Environmental remediation (benefit)<br />

expenses, net of recoveries (12.2) 15.6 48.8<br />

Cash receipts (payments), net of<br />

insurance recoveries 7.6 (12.6) (25.5)<br />

Translation and other adjustments 0.7 (1.2) 1.0<br />

Balance at end of year $ 81.7 $ 85.6 $ 83.8<br />

Our environmental expense is presented net of insurance and<br />

other recoveries of $23.9 million in <strong>2009</strong> and $1.5 million in 2008<br />

and is included in Cost of sales in the accompanying consolidated<br />

statements of operations. There were no insurance recoveries<br />

during 2007. In <strong>2009</strong>, we received $23.9 million from our former<br />

parent company as partial reimbursement of certain previously<br />

incurred environmental remediation costs. In 2007, environmental<br />

expense included the $15.6 million charge related to the settlement<br />

agreement and the $28.8 million reserve adjustment discussed<br />

above.<br />

Guarantees — We guarantee $48.8 million of SunBelt’s outstanding<br />

senior secured notes in connection with the construction<br />

of a chlor-alkali facility in McIntosh, Alabama. This debt matures in<br />

equal installments annually until 2017.<br />

Related-Party Transactions — We purchase a substantial portion<br />

of our PVC resin and all of our vinyl chloride monomer (VCM) raw<br />

materials under supply agreements with OxyVinyls. We have also<br />

entered into various service agreements with OxyVinyls. We sold our<br />

24% equity interest in OxyVinyls on July 6, 2007. Purchases of raw<br />

materials from OxyVinyls were $152 million for the six months<br />

ended June 30, 2007.<br />

Note 13 — OTHER EXPENSE, NET<br />

Other expense, net for the years ended December 31, <strong>2009</strong>, 2008<br />

and 2007 consist of the following:<br />

(In millions) <strong>2009</strong> 2008 2007<br />

Currency exchange gain (loss) $(0.1) $ 1.2 $(5.0)<br />

Foreign exchange contracts (loss) gain (7.9) (1.3) 0.7<br />

Discount on sale of trade receivables (1.3) (3.6) (2.0)<br />

Impairment of available for sale security — (0.6) —<br />

Other expense, net (0.3) (0.3) (0.3)<br />

$(9.6) $(4.6) $(6.6)<br />

Note 14 — INCOME TAXES<br />

For financial statement reporting purposes, income before income<br />

taxes is summarized below based on the geographic location of the<br />

operation to which such earnings are attributable. Certain foreign<br />

operations are branches of <strong>PolyOne</strong> and are, therefore, subject to<br />

United States (U.S.) as well as foreign income tax regulations. As a<br />

result, pre-tax income by location and the components of income tax<br />

expense by taxing jurisdiction are not directly related.<br />

Income (loss) before income taxes and discontinued operations<br />

for the periods ended December 31, <strong>2009</strong>, 2008 and 2007<br />

consists of the following:<br />

(In millions) <strong>2009</strong> 2008 2007<br />

Domestic $51.6 $(138.8) $(57.7)<br />

Foreign 2.9 (32.3) 25.3<br />

$54.5 $(171.1) $(32.4)<br />

A summary of income tax (expense) benefit for the periods<br />

ended December 31, <strong>2009</strong>, 2008 and 2007 is as follows:<br />

(In millions) <strong>2009</strong> 2008 2007<br />

Current:<br />

Federal $ 4.0 $ — $ (3.3)<br />

State 4.3 (3.9) (3.2)<br />

Foreign 10.9 (8.5) (6.8)<br />

Total current $19.2 $ (12.4) $(13.3)<br />

Deferred:<br />

Federal $ (1.7) $ (88.6) $ 55.3<br />

State — (3.3) 2.6<br />

Foreign (4.2) 2.5 (0.8)<br />

Total deferred $ (5.9) $ (89.4) $ 57.1<br />

Total tax benefit (expense) $13.3 $(101.8) $ 43.8<br />

The principal items accounting for the difference in income<br />

taxes computed at the U.S. statutory rate for the periods ended<br />

December 31, <strong>2009</strong>, 2008 and 2007 are as follows:<br />

(In millions) <strong>2009</strong> 2008 2007<br />

Computed tax (expense) benefit at<br />

35% of income (loss) from<br />

continuing operations before taxes $(19.1) $ 59.9 $11.3<br />

State tax, net of federal benefit 2.8 (2.5) (0.4)<br />

Differences in rates of foreign<br />

operations 4.5 1.2 2.6<br />

Changes in valuation allowances 23.3 (105.9) (1.0)<br />

Impact from sale of interest in<br />

OxyVinyls — — 31.5<br />

Impact of goodwill impairment charge 0.6 (54.2) —<br />

Recognition of uncertain tax positions 1.2 (0.3) —<br />

Other, net — — (0.2)<br />

Income tax benefit (expense) $ 13.3 $(101.8) $43.8<br />

We have U.S. federal net operating loss carryforwards of<br />

$66.0 million, which expire at various dates from 2024 through<br />

2028 and combined state net operating loss carryforwards of<br />

$314.6 million, which expire at various dates from 2010 through<br />

52

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