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building a STRONGER foundation - Cemex

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(k) Other U.S. GAAP Adjustments<br />

Deferred charges<br />

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 />

On October 25, 2010, CEMEX and its lenders under the Financing Agreement agreed amendments which prospectively modify certain<br />

financial ratios and other financial tests. Issuance costs and commissions paid, which under MFRS were recorded in the statement of<br />

operations have been capitalized under U.S. GAAP for approximately Ps274 (US$22). A deferred income tax liability under U.S. GAAP for<br />

approximately Ps82 was recognized in connection with the commissions and issuance costs mentioned above.<br />

In prior years, under MFRS, CEMEX capitalized certain costs not qualifying for deferral under U.S. GAAP. Therefore, such costs were reversed<br />

through earnings under U.S. GAAP in the period incurred, resulting in income of Ps10 in 2008. During 2010, 2009 and 2008, all amounts<br />

capitalized under MFRS also met the requirements for capitalization under U.S. GAAP. Accordingly, the adjustments in the reconciliation of net<br />

income (loss) to U.S. GAAP for the year ended December 31, 2008 refer exclusively to amounts amortized under MFRS during the respective<br />

year and which were expensed in prior years under U.S. GAAP. During 2008, the accounting difference was fully amortized.<br />

As mentioned in note 24(h), in connection with the extinguished long-term facilities replaced under the Financing Agreement (note 12A) with<br />

an original carrying amount of approximately US$11,368 (Ps148,807), the issuance costs and commissions paid under MFRS, which were<br />

capitalized as deferred financing costs, were expensed in the reconciliation of net income (loss) to U.S. GAAP in 2009 as interest expense for<br />

approximately Ps6,016 (US$442). During 2010, an amortization of Ps1,562 related to the mentioned deferred financing costs was eliminated<br />

for U.S. GAAP purposes as a gain in the income (loss) U.S. GAAP reconciliation.<br />

Additionally and in connection with the exchange of CBs issued in Mexico for the Mandatorily Convertible Securities for approximately<br />

Ps4,126 (US$315) (notes 12A, 16B and 24(h)), which, based on MFRS, these Mandatorily Convertible Securities represent a compound<br />

instrument which has a liability component and an equity component. Under U.S. GAAP, the exchange qualified as the issuance of new debt<br />

and the extinguishment of the old facilities according to ASC 470-50. Consequently, CEMEX reclassified to interest expense under U.S.<br />

GAAP in 2009 the issuance costs related to the Mandatorily Convertible Securities classified as deferred financing costs under MFRS for<br />

approximately Ps67 (US$5).<br />

During 2008, in connection with its perpetual debentures, CEMEX recognized issuance costs directly in equity under MFRS for<br />

approximately Ps221. As mentioned in note 24(f), CEMEX’s perpetual debentures are treated as debt under U.S. GAAP. Consequently,<br />

issuance costs were reclassified from equity under MFRS to deferred financing costs under U.S. GAAP and are being amortized over 5, 8 and<br />

10 years, depending on each facility, which were the periods remaining before CEMEX has the option to repurchase the instrument. For the<br />

years ended December 31, 2010, 2009 and 2008, the reconciliation of net income (loss) to U.S. GAAP included expenses of approximately<br />

Ps36, Ps41 and Ps61, respectively, related to the amortization of these deferred financing costs.<br />

In addition, during 2008, CEMEX recognized a current income tax expense of approximately Ps215 related to an intercompany transfer of<br />

intangible assets under MFRS. Under U.S. GAAP, income tax effects associated with intercompany transfers of assets should be eliminated<br />

from the income statement. Consequently, CEMEX reclassified the current income tax expense for the period under MFRS against a deferred<br />

charge under U.S. GAAP. During 2010, the estimated useful life of the asset was revised, considering a non-significant change in estimation<br />

which was accounted for prospectively.. As of December 31, 2010 and 2009, the reconciliation of stockholders’ equity to U.S. GAAP<br />

included a benefit of approximately Ps191 and Ps194, respectively, related to this item.<br />

Capitalized Interest<br />

Under both MFRS (note 10) and U.S. GAAP, CEMEX capitalizes interest related to debt incurred during significant construction projects.<br />

Capitalized interest is depreciated over the useful lives of the related assets. Under U.S. GAAP, only interest expense is considered an additional<br />

cost of constructed assets. Under MFRS, until December 31, 2007, pursuant to inflationary accounting, capitalized interest was comprehensively<br />

measured in order to include: (i) interest expense, plus (ii) any foreign exchange fluctuations, and less (iii) the related monetary position result.<br />

CEMEX does not capitalize foreign exchange fluctuations related to debt incurred during significant construction projects, considering the mix of<br />

currencies in its outstanding debt and that it is not possible to link a specific debt transaction with a corresponding construction project. During<br />

2010, due to the postponement of its major construction projects, CEMEX did not capitalize interest in connection with such projects under both<br />

MFRS and U.S. GAAP. In 2009 and 2008, the amount of interest capitalized by CEMEX incurred during significant construction projects under<br />

MFRS was the same as the amount that would be determined under U.S. GAAP (note 10). In the reconciliation of net income (loss) to U.S.<br />

GAAP, until December 31, 2007, the monetary position results related to debt incurred during significant construction projects and which were<br />

capitalized under MFRS were reversed to earnings under U.S. GAAP. Beginning in 2008 and thereafter, the reconciling adjustment to U.S.<br />

GAAP refers to the depreciation expense related to the cumulative adjustment as of December 31, 2007.<br />

F-76

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