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ArcelorMittal Annual Report 2008

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Notes to the Consolidated Financial Statements continued<br />

<strong>ArcelorMittal</strong> and Subsidiaries<br />

(millions of U.S. dollars, except share and per share data)<br />

The effects of foreign currency translation of 297 and 728 at December 31, 2007 and <strong>2008</strong>, respectively, pertain to certain<br />

entities with the U.S. dollar as functional currency and the local currency for tax purposes.<br />

The tax deduction of 105 in 2007 relates to federal governmental incentives granted to CST in Brazil as part of a program<br />

to promote the development of the Brazilian northeast region.<br />

The <strong>2008</strong> tax credits of 95 are mainly attributable to our Operating Subsidiaries in Spain. They relate to credits claimed on research<br />

and development, credits on investment and to tax sparing credits.<br />

Other taxes include withholding taxes on dividends including Secondary Taxation on Companies (“STC”), which is a tax levied<br />

on dividends declared by South African companies. STC is not included in the computation of current or deferred tax as these<br />

amounts are calculated at the statutory company tax rate on undistributed earnings. On declaration of a dividend, the South African<br />

Operating Subsidiary includes the STC tax in its computation of the income tax expense. If the South African Operating Subsidiary<br />

distributed all of its undistributed retained earnings of 2,978 million and 3,015 million in <strong>2008</strong> and 2007, respectively, it would<br />

be subject to additional taxes of 271 million and 274 million, respectively. STC on dividends declared in <strong>2008</strong> and 2007 were<br />

31 million and 67 million, respectively.<br />

Others of (37) in 2007 consists of a tax expense of 110, due to a change in Mexican tax law, a tax expense of 92 for deferred<br />

tax liabilities recorded on investments, a tax benefit of 193 due to a release of tax liabilities following the finalization of tax audits,<br />

and other tax benefits of 46.<br />

Tax agreements<br />

Certain agreements relating to acquisitions and capital investments undertaken by the Company, provides reduced tax rates,<br />

or, in some cases exemption from income tax. Such arrangements expire over various fiscal years through 2014.<br />

The net deferred tax benefit (expense) recorded directly to equity was 286 and (789) as of December 31, 2007 and <strong>2008</strong>,<br />

respectively. The net current tax benefit (expense) recorded directly to equity was 119 and (67) as of December 31, 2007<br />

and <strong>2008</strong>, respectively.<br />

The origin of deferred tax assets and liabilities is as follows:<br />

Intangible assets 45 175 (665) (1,211) (620) (1,036)<br />

Property, plant and equipment 493 237 (10,027) (9,775) (9,534) (9,538)<br />

Inventories 287 554 (364) (470) (77) 84<br />

Available-for-sale financial assets — — (52) (14) (52) (14)<br />

Financial instruments 222 77 (62) (67) 160 10<br />

Other assets 172 98 (151) (1,530) 21 (1,432)<br />

Provisions 1,828 2,748 (446) (574) 1,382 2,174<br />

Other liabilities 651 884 (60) (323) 591 561<br />

Tax losses carried forward 1,659 3,164 — — 1,659 3,164<br />

Tax credits 214 424 — — 214 424<br />

Untaxed reserves — — (42) (41) (42) (41)<br />

Deferred tax assets / (liabilities) 5,571 8,361 (11,869) (14,005) (6,298) (5,644)<br />

Deferred tax assets 1,629 751<br />

Deferred tax liabilities (7,927) (6,395)<br />

Deferred tax assets not recognized by the Company as of December 31, 2007 were as follows:<br />

Tax losses carried forward 7,179 2,373 1,659 714<br />

Tax credits 292 292 214 78<br />

Other temporary differences 12,853 4,022 3,698 324<br />

Total 6,687 5,571 1,116<br />

124<br />

Assets Liabilities Net<br />

2007 <strong>2008</strong> 2007 <strong>2008</strong> 2007 <strong>2008</strong><br />

Recognized Unrecognized<br />

Total deferred deferred deferred<br />

Gross amount tax assets tax assets tax assets

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