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registration document France Telecom 2009 - Orange.com

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financial information concerning the issuer’s assets and liabilities, financial position and profits and losses<br />

20<br />

NOTES TO THE ANNUAL FINANCIAL STATEMENTS OF FRANCE TELECOM S.A.<br />

4.9 Exceptional In<strong>com</strong>e and Expense<br />

(in millions of euros)<br />

Note<br />

Year ended<br />

Dec. 31, <strong>2009</strong> Dec. 31, 2008<br />

General Court of the European Union’s ruling of November 30, <strong>2009</strong> 8.1 (964)<br />

Senior Employee Part Time Working 6.3.1 (563)<br />

Changes in provisions - disposals and write-offs and other exceptional items (1) 4.8 (398) (276)<br />

Accelerated depreciation (104) (1)<br />

TOTAL (2,029) (277)<br />

(1) The heading “Changes in provisions - disposals and write-offs and other exceptional items” for an amount of (398) million euros <strong>com</strong>prises mainly the impact of the sale of ASB shares<br />

(net of reversals) for an amount of (263) million euros<br />

4.10 Employee Profit-Sharing<br />

An employee profi t-sharing plan was agreed on November 19,<br />

1997 covering employees of <strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A. and all its<br />

direct and indirect French subsidiaries. On February 1, 2000,<br />

the agreement was amended to eliminate the impact on the<br />

profi t-sharing plan of certain exceptional items not forming<br />

part of the <strong>com</strong>pany’s ordinary business activities. A second<br />

amendment was signed on June 29, 2001.<br />

The provision for the employee profi t-sharing plan amounted to<br />

(234) million euros at December 31, <strong>2009</strong> (versus (267) million<br />

euros at December 31, 2008).<br />

4.11 In<strong>com</strong>e Tax<br />

20<br />

The following in<strong>com</strong>e taxes were recorded in the in<strong>com</strong>e statement:<br />

Year ended<br />

(in millions of euros)<br />

Dec. 31, <strong>2009</strong> Dec. 31, 2008<br />

In<strong>com</strong>e tax benefi t/(charge) net of benefi ts generated by group tax relief and tax loss carry-backs 1,274 1,517<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A. has elected for group tax relief with various<br />

subsidiaries. At December 31, <strong>2009</strong>, the tax group <strong>com</strong>prised<br />

76 <strong>com</strong>panies (including <strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A.), <strong>com</strong>pared to<br />

60 <strong>com</strong>panies at December 31, 2008.<br />

At December 31, <strong>2009</strong>, <strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A. recognized a net<br />

tax benefi t of 1,274 million euros. This amount mainly <strong>com</strong>prises<br />

a 1,225 million euros benefi t arising from group tax relief, which<br />

is defi nitively attributable to <strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A., as the parent<br />

<strong>com</strong>pany of the tax group.<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A.’s net future tax relief (excluding tax loss<br />

carryforwards) was 856 million euros at December 31, <strong>2009</strong><br />

(990 million euros at 31 December, 2008), and is primarily linked<br />

to early retirement provisions. This relief will be applied mostly<br />

during the period from <strong>2009</strong> to 2011.<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A.’s tax expense without group tax relief<br />

would have been nil, taking into account tax loss carryforwards<br />

(amounting to 8,810 million euros at December 31, <strong>2009</strong> versus<br />

13,797 million euros at December 31, 2007).<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A. has been subject to tax audits for the<br />

years 2000 to 2006 inclusive.<br />

These audits have been <strong>com</strong>pleted and the tax adjustments<br />

which were accepted did not have a material impact on <strong>France</strong><br />

<strong>Tele<strong>com</strong></strong>’s <strong>2009</strong> fi nancial statements. As regards the tax<br />

adjustments which were contested, the Company has made its<br />

<strong>com</strong>ments and is awaiting a fi nal decision by the tax authorities.<br />

<strong>2009</strong> REGISTRATION DOCUMENT / FRANCE TELECOM<br />

487

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