2012 Annual Report - Italcementi Group

18. Provisions
(in thousands of euro) 12.31.2011 Additions Decreases Surpluses 12.31.2012
Tax 2,461 - ( 1,070) ( 850) 541
Restoration of quarries 15,595 2,855 ( 539) - 17,911
Restoration of industrial areas 3,784 - - ( 1,000) 2,784
Other risks 5,471 2,294 ( 407) - 7,358
Total other provisions 27,311 5,149 ( 2,016) ( 1,850) 28,594
As regards tax assessments relating to Italcementi S.p.A., the tax assessments relating to the Italcementi
S.p.A. tax returns for 1987, 2003, 2004, 2005, and 2006 are still being disputed; the adjustments requested by
the authorities appear to be largely unfounded, also in the view of independent consultants.
On December 13, 2011 the Supreme Court of Cassation discussed the appeal relating to 1987; on March 2 it
deposited its ruling upholding the two cross appeals presented by the company and overturned, for
approximately 4 million euro of taxable income, the sentence of the Regional Tax Commission in our favor,
since the grounds of the judge’s ruling were per relationem.
The case was reopened on January 13, 2012 before the Regional Tax Commission of Lombardy. The date for
the hearing has not been set.
On February 1, 2011, the Regional Tax Commission decided in favor of the company, by confirming the
sentence of first instance, which annulled an IRPEG corporation tax notice of assessment relating to 2003, and
also declaring that the notice was without merit, since no intent of evasion was perceived in the company’s
conduct.
The Tax Agency appealed this decision before the Supreme Court of Cassation. The company appeared
before the Court on April 27 and presented a cross-appeal.
In August 2009, the Lombardy Regional Tax Office for Major Contributors served a notice of assessment
regarding IRES corporation tax relating to 2004, against which the company appealed in November 2009. A
hearing was held and on October 12, 2011, the Tax Commission annulled the notice and upheld the
company’s arguments in full.
The Lombardy Regional Tax Office for Major Contributors appealed against the sentence and the company
was notified on March 19, 2012.
The company appeared before the Court on May 18, 2012 and presented its counter-arguments.
In December 2010, the Lombardy Regional Tax Office served a notice of assessment relating to IRES
corporation tax for 2005.
On February 15, 2011 the company appealed against the finding on separate taxation to the Milan Province
Tax Commission.
The hearing was held on 30 May 2012 and the Milan Province Tax Commission, with its sentence of
November 9, 2012, accepted the appeal and annulled the notice of assessment.
In July 2011, the Lombardy Regional Tax Office served a notice of assessment relating to IRES corporation tax
for 2006.
In October 2011 the company appealed against the finding on separate taxation to the Milan Province Tax
Commission.
In September 2011, Bergamo Province Tax Office served a notice of settlement for registration, mortgage and
land registry tax for 2010, for an amount of 142 thousand euro.
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