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

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At year-end there were no material unrecognised unused tax credits.<br />

The Acciona <strong>Group</strong> expects to recover the tax loss and tax credit carryforwards recognised<br />

through the companies’ ordinary activities without any risk of losses.<br />

Most of the deferred tax assets included in “Other” relate to eliminations of intra-<strong>Group</strong> margins,<br />

uniformity adjustments made in the consolidation process and the application of the specific<br />

legislation of other countries.<br />

The deferred tax liabilities included in “Other” arose mainly due to the accelerated depreciation<br />

provided for in Additional Provision Eleven introduced in Legislative Royal Decree 4/2004<br />

(<strong>Consolidated</strong> Spanish Corporation Tax Law) by Law 2/2008, of 23 December. The total amounts<br />

arising from this incentive applied by the tax group companies were EUR 126,037 thousand in<br />

2011 and EUR 85,319 thousand in 2010. “Other” also includes the effect of accelerated<br />

depreciation and the application of specific legislation of other countries.<br />

Reporting obligations<br />

Current income tax legislation provides tax incentives to encourage certain investments. The<br />

companies have availed themselves of the tax benefits envisaged under this legislation.<br />

The <strong>Group</strong>, through its Parent and certain of its subsidiaries, is required to fulfil the obligations<br />

assumed in connection with these tax incentives. Consequently, it must hold, for the stipulated<br />

period, the assets for which the investment or reinvestment tax credits were taken.<br />

In 2007, 2008, 2009, 2010 and 2011 the Parent and certain of the tax group companies availed<br />

themselves of the tax credit for reinvestment of extraordinary income provided for by Article 42<br />

of Legislative Royal Decree 4/2004 (<strong>Consolidated</strong> Spanish Corporation Tax Law). The income<br />

qualifying for this tax credit amounted to EUR 4,988 thousand, EUR 147,388 thousand, EUR<br />

147,744 thousand, EUR 86,550 thousand and EUR 151,880 thousand, respectively. The income<br />

relating to 2007 was reinvested in 2007, the income relating to 2008 was reinvested in 2008, the<br />

income relating to 2009 was reinvested in 2008 and 2009, the income relating to 2010 was<br />

reinvested in 2009 and 2010 and the income relating to 2011 was reinvested in 2011. The assets in<br />

which the income was reinvested are those listed in Article 42 of Legislative Royal Decree<br />

4/2004, i.e., property, plant and equipment, intangible assets, investment property and securities<br />

representing holdings of 5% or more in the share capital or equity of all manner of entities. The<br />

income was reinvested by the companies belonging to tax group 30/96.<br />

Pursuant to Article 42.10 of the <strong>Consolidated</strong> Spanish Corporation Tax Law, this information<br />

must be disclosed in the notes to the consolidated financial statements during the period for which<br />

the respective assets must be held as stipulated in Article 42.8 of the Law.<br />

In accordance with Article 93 of Legislative Royal Decree 4/2004 (<strong>Consolidated</strong> Corporation Tax<br />

Law), in 2011 certain <strong>Group</strong> companies carried out the transactions detailed below, which<br />

qualified for taxation under the special regime for mergers, spin-offs, asset contributions and<br />

share exchanges:<br />

- Page 92 -

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