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ArcelorMittal Annual Report 2008

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Deferred tax assets not recognized by the Company as of December 31, <strong>2008</strong> were as follows:<br />

Recognized Unrecognized<br />

Total deferred deferred deferred<br />

Gross amount tax assets tax assets tax assets<br />

Tax losses carried forward 11,370 3,557 3,164 393<br />

Tax credits 719 719 424 295<br />

Other temporary differences 15,915 5,018 4,773 245<br />

Total 9,294 8,361 933<br />

<strong>ArcelorMittal</strong> had unrecognized deferred tax assets relating to tax loss carry forwards and other temporary differences, amounting<br />

to 933 as of December 31, <strong>2008</strong> (1,116 as of December 31, 2007). As of December 31, <strong>2008</strong>, most of these temporary differences<br />

relate to tax loss carry forwards attributable to our Operating Subsidiaries in Belgium, Brazil, Luxembourg, Mexico and the United States.<br />

The majority of unrecognized tax losses have no expiration date. The utilization of tax loss carry forwards is, however, restricted to the<br />

taxable income of the subsidiary or tax consolidated group to which it belongs.<br />

At December 31, <strong>2008</strong>, based upon the level of historical taxable income and projections for future taxable income over the periods<br />

in which the deductible temporary differences are anticipated to reverse, management believes it is probable that <strong>ArcelorMittal</strong><br />

will realize the benefits of the total deferred tax assets of 751 recognized. The amount of future taxable income required to be<br />

generated by <strong>ArcelorMittal</strong>’s Operating Subsidiaries to utilize the total deferred tax assets is approximately 2,540. For each of the<br />

years ended December 31, 2007 and <strong>2008</strong>, these Operating Subsidiaries generated approximately 29% and 62%, respectively,<br />

of the Company’s income before tax of 14,888 and 11,537, respectively. Historically, the Company has been able to generate taxable<br />

income in sufficient amounts to permit it to utilize tax benefits associated with net operating loss carry forwards and other deferred<br />

tax assets that have been recognized in its consolidated financial statements. However, the amount of the deferred tax asset considered<br />

realizable could be adjusted in the future if estimates of taxable income are revised.<br />

In 2007, <strong>ArcelorMittal</strong> has recorded approximately 35 of deferred income tax liabilities on the undistributed earnings of its foreign<br />

subsidiaries for income taxes due if these earnings would be distributed. There was no material change to these liabilities as of<br />

December 31, <strong>2008</strong>. Investments in our subsidiaries are not expected to reverse in the foreseeable future and therefore capital gains<br />

are not anticipated. The aggregate amount of deferred tax liabilities relating to investments in subsidiaries, branches and associates<br />

and investments that is not recognized is approximately 892.<br />

Tax loss carry forward<br />

At December 31, <strong>2008</strong>, the Company had total estimated net tax loss carry forwards of 11,370.<br />

Such amount includes net operating losses of 2,527 primarily related to Operating Subsidiaries in Canada, Mexico, Romania, Spain and<br />

the United States, which expire as follows:<br />

Year expiring Amount<br />

2009 17<br />

2010 40<br />

2011 85<br />

2012 35<br />

2013 17<br />

Thereafter 2,333<br />

Total 2,527<br />

The remaining tax loss carry forwards of 8,843 are indefinite and primarily attributable to the Company’s operations in Belgium,<br />

Brazil, France, Luxembourg and Trinidad and Tobago.<br />

Tax loss carry forwards are denominated in the currency of the countries in which the respective subsidiaries are located and operate.<br />

Fluctuations in currency exchange rates could reduce the U.S. dollar equivalent value of these tax loss carry forwards in future years.<br />

125<br />

<strong>2008</strong> Consolidated Financial Statements continued<br />

<strong>ArcelorMittal</strong> <strong>Annual</strong> <strong>Report</strong> <strong>2008</strong>

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