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ACCIONA, S.A. AND SUBSIDIARIES (Consolidated Group ...

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The changes in “Grants” in 2011 and 2010 were as follows:<br />

23.- Tax matters<br />

<strong>Consolidated</strong> taxation<br />

Balance at 31/12/09<br />

Grants<br />

115,045<br />

Additions 9,285<br />

Variations due to changes in the scope of<br />

consolidation<br />

--<br />

“Other Income” taken to profit or loss (7,188)<br />

Other 11,032<br />

Balance at 31/12/10 128,174<br />

Additions<br />

Variations due to changes in the scope of<br />

19,559<br />

consolidation (20,897)<br />

“Other Income” taken to profit or loss (8,135)<br />

Other (206)<br />

Balance at 31/12/11 118,495<br />

Pursuant to current legislation, consolidated tax groups include the parent together with certain<br />

subsidiaries that meet the requirements provided for in Spanish tax legislation. Since 2009 there<br />

has been a single tax group in Spain that avails itself of this special taxation system, the Parent of<br />

which is Acciona, S.A.<br />

The other Acciona <strong>Group</strong> entities file separate tax returns in accordance with the tax legislation<br />

applicable in the Basque Country, Navarre, the rest of Spain or that in force in each country.<br />

Effective from 1 January 2008, the Company availed itself of the special consolidated tax regime<br />

for VAT purposes envisaged in Chapter IX of Title IX of VAT Law 37/1992, of 28 December.<br />

The Parent of the VAT group is Acciona, S.A.<br />

Years open for review by the tax authorities:<br />

In 2006 the tax audits initiated in 2005 in relation to income tax for 2000-2002 of Acciona, S.A.<br />

as the Parent of the tax group were completed. The tax assessments issued for these years were<br />

signed on a contested basis, since the Parent considered that there were no legal grounds for the<br />

assessments. In particular, the tax authorities did not accept the policy of recognising the results of<br />

the UTEs in the year in which the financial statements were approved. Economic-administrative<br />

appeals were filed against the tax assessments at the Central Economic-Administrative Tribunal<br />

(TEAC), requesting, in the alternative, that should the stance adopted by the Spanish tax<br />

authorities be upheld, the refund of the tax unduly paid arising from the tax return for 2003 -<br />

relating to the results of the UTEs for 2002 reported by the Parent in that year- be acknowledged<br />

ex officio through its ex officio offset against the tax deficiency claimed in the 2002 assessment.<br />

- Page 86 -

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