Annual and transition report of foreign private issuers pursuant to Section 13 or 15(d)

Income Tax

v3.22.4
Income Tax
12 Months Ended
Dec. 31, 2022
Major components of tax expense (income) [abstract]  
Income tax

14. Income tax

Income tax expense is as follows:

 

 

 

For the year ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

 

 

(EUR thousand)

 

Current income tax:

 

 

 

 

 

 

 

 

 

Current Taxes

 

 

57,400

 

 

 

35,093

 

 

 

28,604

 

Prior Years Taxes

 

 

215

 

 

 

(6,544

)

 

 

918

 

Deferred tax:

 

 

 

 

 

 

 

 

 

Deferred Taxes

 

 

(12,990

)

 

 

2,855

 

 

 

(11,840

)

Income tax expense reported in the statement of profit or loss

 

 

44,625

 

 

 

31,404

 

 

 

17,682

 

 

 

 

For the year ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

 

 

(EUR thousand)

 

Deferred tax related to items recognized in OCI during in the year:

 

 

 

 

 

 

 

 

 

Gains/(losses) from remeasurement of employee of defined benefit plans and of agent termination plans

 

 

(236

)

 

 

26

 

 

 

15

 

Change in the fair value of hedging instruments

 

 

(2,043

)

 

 

(653

)

 

 

173

 

Deferred tax charged to OCI

 

 

(2,279

)

 

 

(627

)

 

 

188

 

 

The table below provides a reconciliation between actual income tax expense and the theoretical income tax expense, calculated on the basis of the applicable corporate tax rate in effect in Italy.

 

 

 

For the year ended December 31,

 

 

 

2022

 

 

2021

 

 

2020

 

 

 

(EUR thousand)

 

Accounting profit before income tax

 

 

187,641

 

 

 

165,673

 

 

 

96,279

 

Statutory income tax rate of 27.9%

 

 

52,202

 

 

 

46,223

 

 

 

26,862

 

Prior years taxes

 

 

215

 

 

 

(6,544

)

 

 

918

 

DTA recognized on tax losses carry-forward

 

 

750

 

 

 

(1,947

)

 

 

(41

)

Taxes effect on unremitted earnings

 

 

1,488

 

 

 

400

 

 

 

1,248

 

Step up

 

 

 

 

 

 

 

 

(7,926

)

Change notional rate

 

 

 

 

 

 

 

 

361

 

Tax grants/not taxable items

 

 

(8,477

)

 

 

(1,157

)

 

 

(2,146

)

Tax exemption on gain from the sale of an associate

 

 

 

 

 

(3,378

)

 

 

 

Different foreign tax rate effect

 

 

(1,553

)

 

 

(2,193

)

 

 

(1,594

)

At the effective income tax rate of 23.78% (18.96% in 2021, 18.40% in 2020)

 

 

44,625

 

 

 

31,404

 

 

 

17,682

 

Income tax expense reported in the statement of profit or loss

 

 

44,625

 

 

 

31,404

 

 

 

17,682

 

Effective group's tax rate for the year ended December 31, 2022, increased to 23.78% compared to 18.96% for the year ended December 31, 2021 mainly due to the fact that the previous year was positively affected by a relevant non-recurring item (the tax credit deriving from the "Patent Box regime" as described below).

For the year ended December 31 2022, the Group benefited from tax grants or similar totaling EUR 8,477 thousand, which are broken down as follows:

- EUR 1,641 thousand related to the not taxable energy bonus granted by the Italian Government;

- EUR 2,216 thousand related to the so-called ACE effect (e.g. tax benefit on retained earnings and capital increase);

- EUR 3,700 thousand related to the so called Industry 4.0. incentives (e.g. on investments in high technology capex), whose main beneficiary is the Italian subsidiary Nuova Ompi S.r.l.;

- EUR 920 thousand related to various tax grants/benefits.

Effective group’s tax rate slightly increased in 2021 compared to 2020, mainly due to several non-recurring items that affected the income tax expense:

- a release of deferred tax assets for EUR 2,421 thousand related to equity movements due to the early termination of legacy incentive plans aimed at a limited number of executives;

- in March 2021, the group reached an agreement with Italian Tax Agency regarding the so called "Patent Box regime", resulting in a retroactive EUR 7,559 thousand tax saving for the financial years 2016-2020. The Patent Box regime is a tax exemption related to, inter alia, the use of intellectual property assets. Business income derived from the use of each qualified intangible asset is partially exempted from taxation for both IRES and IRAP purposes. The Patent Box tax benefit relating to the years 2016-2020 is recorded within taxes relating to prior years.

- a gain on the sale of the minority interest in Swissfillon AG for EUR 12,258 thousand which is exempt from CIT;

- a tax accrual amounting to EUR 900 thousand related to an ongoing tax audit on fiscal year 2016.

Unrecognized tax losses as at December 31, 2022 and as at December 31, 2021 amounts to EUR 7,978 thousand and to EUR 3,800 thousand respectively. Deferred tax assets have not been recognized in respect of such tax losses carry-forwards because it is not probable that future taxable profit will be available against which the Group can use the benefits therefrom.

The breakdown on the timing of tax losses carry-forwards is as follows:

 

 

 

At December 31,

 

 

At December 31,

 

 

 

2022

 

 

2021

 

 

 

(EUR thousand)

 

Timing of unrecognized tax losses carry-forwards

 

 

 

 

 

 

2022

 

 

 

 

 

16

 

2023

 

 

336

 

 

 

320

 

2024

 

 

369

 

 

 

351

 

2025

 

 

331

 

 

 

315

 

2026

 

 

334

 

 

 

318

 

2027

 

 

3,860

 

 

 

274

 

2028

 

 

404

 

 

 

 

2029

 

 

129

 

 

 

 

Unlimited

 

 

2,215

 

 

 

2,206

 

Total unrecognized tax losses

 

 

7,978

 

 

 

3,800

 

 

The analysis of deferred tax assets and deferred tax liabilities as at December 31, 2022 and 2021 is as follows:

 

 

 

Consolidated statement
of financial position

 

 

 

At December 31,

 

 

At December 31,

 

 

 

2022

 

 

2021

 

 

 

(EUR thousand)

 

Other intangible assets

 

 

(4,179

)

 

 

(3,167

)

Tangible assets

 

 

19,746

 

 

 

12,178

 

Work in progress

 

 

(12,329

)

 

 

(5,156

)

Revaluations of investment properties to fair value

 

 

6,807

 

 

 

8,009

 

Expected credit losses of debt financial assets

 

 

1,217

 

 

 

1,429

 

Derivatives

 

 

(1,640

)

 

 

403

 

Leases

 

 

331

 

 

 

251

 

Long term incentives

 

 

51

 

 

 

816

 

Cash settled awards

 

 

 

 

 

325

 

Provisions

 

 

6,631

 

 

 

2,351

 

Accruals and other provisions

 

 

164

 

 

 

62

 

Tax losses carry forward

 

 

26,941

 

 

 

14,888

 

Dividends

 

 

(2,260

)

 

 

(1,300

)

Start up costs IPO SG spa

 

 

4,026

 

 

 

5,369

 

Share-based compensation plans

 

 

325

 

 

 

 

Other effects

 

 

2,427

 

 

 

314

 

Deferred tax assets, net

 

 

48,258

 

 

 

36,772

 

Reflected in the statement of financial position as follows:

 

 

 

 

 

 

Deferred tax assets

 

 

69,210

 

 

 

55,877

 

Deferred tax liabilities

 

 

(20,952

)

 

 

(19,105

)

Deferred tax assets, net

 

 

48,258

 

 

 

36,772

 

 

Deferred taxes are calculated based on the global allocation criteria, taking into account the cumulative amount of all the temporary differences, based on the average expected rates in force when these temporary differences reverse.

Deferred tax assets are recorded if there is the reasonable certainty that the temporary differences will reverse in future years against assessable income not lower than the differences that will be reversed. In assessing the realizability of deferred tax assets, management considers whether it is probable that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences become deductible and the tax loss carry-forwards are utilized.

The reconciliation of net deferred tax assets is as follows:

 

 

 

2022

 

 

2021

 

 

 

(EUR thousand)

 

As of January 1

 

 

36,772

 

 

 

33,929

 

Tax expense during the period recognized in profit or loss

 

 

12,990

 

 

 

(2,855

)

Tax income/(expense) during the period recognized in OCI

 

 

(2,279

)

 

 

(627

)

DTA on IPO transaction costs on capital increase

 

 

 

 

 

6,711

 

Other effect

 

 

775

 

 

 

(386

)

As at December 31

 

 

48,258

 

 

 

36,772

 

The other effect movement includes foreign exchange differences and minor reclassification.