ANNUAL REPORT <strong>2009</strong> / ISAGEN S.A. E.S.P.110Guarantees in the amount of USD 30,061 (2008 – USD 35,240) were establishedwith BBVA to cover reliability charge and in order to comply with CREGResolution 061 of 2007.(2) Includes: $10,895 of invoices for use of lines and grids in November of <strong>2009</strong>(2008 - $12,653); $12,493 of estimated use, connection and SIC charges inDecember of <strong>2009</strong> (2008 - $14,133); $12,937 of estimated fuel gas purchasesand transport (2008 - $9,409); $685 of FAZNI estimated for December (2008 -$958); purchase of Project studies of Sogamoso $20,810 (2008 - $22,958) andAndaquí $9,170 (2008 - $9,170) ; balance pending for construction of Sogamosois $4,493, of Amoyá is $831, of Manso and Andaquí is $3,976; acquisition of othergoods and services $24,820 (2008 - $18,662).As of December 31, bank guarantees with Bancolombia in favor of BP ExplorationCompany, BP Santiago OIL and TEPMA for USD 959 (2008 – USD 918) to guaranteegas purchases, and with TGI for $4,744 (2008 - $3,576) to guarantee gastransport.(3) Drop with respect to 2008 is mainly due to the fact that in such year, payment of18 month-renewal of combined material damages policy was pending.(4) Resources of the employees Health Solidarity Fund administered by theCompany.18. Taxes, imposts and dutiesThe balance of taxes, imposts and duties at December 31 included:<strong>2009</strong> 2008Deferred taxes (*) 252,609 220,010Provision for income tax and surtax 61,640 29,708Imposts 7,308 10,818Withholding tax 6,101 4,652Value added tax payable (428) (94)Municipal taxes 5 542327,235 265,636Less current portion (74,626) (45,626)Deferred tax non-current portion 252,609 220,010(*) Credit deferred tax corresponds to the tax effect of positive difference betweenfiscal depreciation and per-books depreciation.Tax regulations applicable to the Company provide, among others,the following obligations:Income taxThe following criteria, among others, were taken into account to calculateincome tax provision:Taxable income is subject to 33% rate.Special 40% deduction on investments in real productive fixed assets;application of this deduction excludes availing of the auditbenefit.Energy generation utilities are not subject to the presumptive incomesystem.100% of turnover tax, tax on billboards and signs, and real estatetax, can be deducted as long as they are directly related to thetaxpayer’s economic activity.100% levy on financial transactions can be deducted.Equity taxImpuesto sobre el patrimonio líquido poseído el 1 0 de enero de 2007,a la tarifa del 1,2%. Este impuesto podrá imputarse contra la cuentade revalorización del patrimonio, según la Ley 1111 de 2006. En laEmpresa se optó por este tratamiento.Other taxesDiscount of VAT paid on import or acquisition of heavy machineryfor basic industries.Progressive decrease of stamp tax rate up to 0%, as follows: 1%in 2008, 0.5% in <strong>2009</strong>, and 0% from 2010 on.Contents Letter from the CEO Achievements<strong>2009</strong>Good GovernancePractices EvaluationCorporateManagementFinancial Management
ANNUAL REPORT <strong>2009</strong> / ISAGEN S.A. E.S.P.111Tax Law AmendmentTax amendment Law 1370 of December 30 of <strong>2009</strong> contains issuesthat directly affect ISAGEN, as follows:The equity tax is established for year 2011, to be fully recorded andcalculated in 2011. It shall be paid in eight equal installments between2011 and 2014, and can be recorded against the equity revaluationaccount, that is without affecting the results of the year.Starting 2010, deduction for real productive fixed assets will be30% and not 40%, as was the rule.Following is the calculation of income tax as of December 31:<strong>2009</strong> 2008Earnings before income tax provision 524,609 363,713Plus non-deductible expenses and taxable revenues:Loss on the sale of real property 331 361Provisions 296 158Non-deductible taxes 1,478 6,379Levy on financial transactions - 2,521Other non-deductible expenses 13,571 4,762Revenues from investment valuation 1,112 -Presumptive interest 325 -Less non-taxable revenues and deductible expenses :Recovery non-taxable revenues 6,744 2,235Deductible provisions 1,825 80Bigger tax depreciation expense 128,247 133,863Inflation adjustment in retirement of inventories 1,483 343Productive real fixed assets deduction 86,521 30,897Taxable income 316,902 210,476Tax rate 33% 33%Current income tax 104,578 69,457Withholding tax and credit balances (41,301) (39,749)Tax discount (1,637) -61,640 29,708Charges to the income statement for income tax are detailed below:<strong>2009</strong> 2008Current income tax 104,578 69,457Deferred tax payable 32,599 33,927Deferred tax receivable 1,681 8138,858 103,392Reconciliation between per-books and taxable equity at December 31:<strong>2009</strong> 2008Accounting equity 3,344,153 3,132,491Plus:Allowance for protection of inventories, receivables,40,032 47,965investments, and property, plant and equipmentCredit deferred tax 252,609 220,010Fixed assets equity difference 232,788 234,985Less:Debit deferred tax 7,326 9,007Deferred depreciation 936,995 808,899Reappraisals 1,035,410 1,037,219Fiscal equity 1,889,851 1,780,326The income tax return for 2008 is subject to the review and approvalby the tax authorities. The Company’s management and its legalcounsels consider that no differences will arise in this respect.Management considers that the amount recorded as tax provision isenough to cover any liability that may arise with respect to <strong>2009</strong>.Income tax returns for <strong>2009</strong> shall be filed by April 13, 2010.Contents Letter from the CEO Achievements<strong>2009</strong>Good GovernancePractices EvaluationCorporateManagementFinancial Management