03 Income Taxes

The calculation is based on the current legal position in the individual countries regarding applicable or anticipated tax rates as of the realization date. These are generally based on the legal stipulations valid or adopted as of the balance sheet date.

In Germany, a solidarity surcharge is added to corporation tax. Trade income tax, which varies depending on the municipality in which a company is located, must also be paid.

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Tax Rates in Germany

%

 

2011

 

2010

 

 

 

 

 

Weighted average trade income tax rate

 

11.6

 

12.2

Corporation tax rate

 

15.0

 

15.0

Solidarity surcharge on corporation tax

 

5.5

 

5.5

Deferred taxes of German companies are therefore measured based on a total tax rate, including a solidarity surcharge of 27.5 percent (2010: 28.5 percent).

The income from foreign Group companies is subject to taxation at the tax rates valid in the country where the respective company is located. The respective local income tax rates applicable in each country for foreign companies remain unchanged from the previous year at between 12.5 percent and 42.0 percent.

No deferred taxes on undistributed profits of subsidiaries were recognized. It was decided not to determine the possible resulting tax effects as the time and expense involved was unreasonably high. €523.4 million (2010: €570.2 million) is available for distribution.

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€ million

 

2011

 

2010

 

 

 

 

 

1

The changes in the valuation allowances for deferred tax assets include valuation allowances for impairments on noncurrent assets totaling €4.2 million (2010: €4.2 million).

Current taxes, domestic

 

-179.8

 

-180.5

Current taxes, foreign

 

-23.4

 

-39.8

Current taxes

 

-203.2

 

-220.3

 

 

 

 

 

Deferred taxes, domestic

 

-2.8

 

-21.4

Deferred taxes, foreign

 

-5.3

 

6.4

Deferred taxes

 

-8.1

 

-15.0

Income taxes

 

-211.3

 

-235.3

 

 

 

 

 

Derivation of the effective tax rate

 

 

 

 

Income before taxes

 

567.4

 

732.3

Income tax rate for Wacker Chemie AG (%)

 

27.5

 

28.5

 

 

 

 

 

Expected tax expenses

 

-156.0

 

-208.7

Tax rate divergences

 

6.7

 

-11.8

Tax effect of non-deductible expenses

 

-13.1

 

-8.9

Tax effect of tax-free income

 

7.8

 

7.2

Taxes relating to other periods (current earnings)

 

1.9

 

-13.7

Changes in the valuation allowances for deferred tax assets1

 

-58.1

 

-9.5

Group equity result

 

-2.7

 

-11.0

Income tax change recognized directly in equity; tax accounts

 

 

13.7

Other divergences

 

2.2

 

7.4

Total income tax

 

-211.3

 

-235.3

 

 

 

 

 

Effective tax rate (%)

 

37.2

 

32.1



The tax expenses of €211.3 million reported for fiscal 2011 were €55.3 million higher than the expected tax expenses of €156.0 million that would have resulted from the application of the total tax rate for Germany of 27.5 percent.

Income taxes include current tax expenses for prior years of €9.9 million (2010: €13.2 million). These expenses are offset by deferred tax income from other periods of €3.5 million (2010: €11.6 million).

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Allocation of Deferred Taxes

€ million

 

2011

 

2010

 

 

Deferred
tax
assets

 

Deferred
tax
liabilities

 

Deferred
tax
assets

 

Deferred
tax
liabilities

 

 

 

 

 

 

 

 

 

Intangible assets

 

12.8

 

 

14.5

 

Property, plant and equipment

 

1.3

 

115.3

 

3.9

 

105.2

Financial assets

 

0.5

 

 

 

0.2

Current assets

 

7.7

 

5.4

 

10.2

 

11.2

Provisions for pensions

 

26.9

 

1.0

 

17.9

 

1.3

Other provisions

 

39.4

 

9.5

 

41.1

 

6.2

Liabilities

 

17.4

 

0.5

 

12.8

 

0.1

Loss carryforwards

 

3.5

 

 

1.3

 

Setting off for companies with profit and loss transfer agreement

 

-3.5

 

-3.5

 

-4.3

 

-4.3

Total

 

106.0

 

128.2

 

97.4

 

119.9

 

 

 

 

 

 

 

 

 

Setoffs

 

-94.4

 

-94.4

 

-83.9

 

-83.9

 

 

 

 

 

 

 

 

 

Statement of financial position item

 

11.6

 

33.8

 

13.5

 

36.0

Deferred tax assets and liabilities are offset whenever there are future tax amounts imposed on or credited to the same taxpayer by the same tax authority. Furthermore, deferred tax assets are recognized only if it is probable that these tax benefits will be realized.

The changes in deferred tax assets and liabilities recognized in profit or loss amounted to €-8.1 million (2010: €-15.0 million), whereas €8.3 million (2010: €-4.3 million) was recognized directly in equity. The existing tax loss carryforwards can be used as follows:

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€ million

 

2011

 

2010

 

 

 

 

 

Within 1 year

 

5.8

 

1.9

Within 2 years

 

12.3

 

5.8

Within 3 years

 

21.6

 

15.2

Within 4 years

 

28.3

 

17.7

Within 5 years or later

 

194.8

 

58.7

Total

 

262.8

 

99.3

 

 

 

 

 

Of which loss carryforwards not expected to be realizable

 

-250.4

 

-94.2

 

 

 

 

 

Of which loss carryforwards expected to be realizable

 

12.4

 

5.1

Tax loss carryforwards generated outside Germany amount to a total of €262.8 million (2010: €99.3 million). A total of €12.4 million (2010: €5.1 million) relates to realizable loss carryforwards. Associated deferred tax income for 2011 amounted to €3.5 million (2010: €1.3 million). Deferred taxes were not recognized on losses that were not realized. In theory, however, an amount of €70.5 million (2010: €24.0 million) would have resulted from such recognition. Of the loss carryforwards that are not realizable for tax purposes, €13.9 million (2010: €5.1 million) are unlimited as to time and amount.