2014 Registration Document and Annual Financial Report - page 295

5
Financial Statemements
Parent Company Financial Statements and Notes
However, on March 8, 2007, the French State appealed the ruling to
theVersailles Administrative Court of Appeal. On May 20, 2008 the
Versailles Administrative Court of Appeal ruled in favor of Accor and
confirmed the Company’s right to the refunded amount.
The French State went on to appeal the ruling to the French Supreme
Court and a provision was therefore booked for the amount of
the refund and the late payment interest, with the result that the
decisions of the Versailles Administrative Court and Administrative
Court of Appeal had no net impact on the 2011 accounts.
After examining the case in 2012, the Supreme Court issued an
unfavorable ruling for Accor. Consequently, in 2013Accor was required
to repay a principal amount of €149.8 million and €34.9 million in
late payment interest. The €6.3 million out of the original principal
amount refunded by the State that Accor was not required to
repay was recognized in reserves at December 31, 2012 and the
€1.4 million in late payment interest received from the State that
Accor did not have to repay was recognized as a tax benefit in the
2012 income statement.
In addition, on February 7, 2007, Accor filed an application instituting
proceedings before the Cergy Pontoise Administrative Court to
obtain a refund of the €187 million in
précompte
withholding tax
paid in the years 2002 to 2004.
In a ruling handed down on May 27, 2014, the Cergy Pontoise
Court applied the restrictive principles governing the calculation
of refunds described by the French Supreme Court in its decision
dated December 10, 2012. In line with these principles, the Court
found that Accor was entitled to a refund of €7.1 million in respect
of the
précompte
dividend withholding tax for the years 2002,
2003 and 2004 together with late payment interest of €3.3 million.
These amounts were recorded in the balance sheet at December 31,
2014. They had no impact on the income statement as Accor
appealed the decision to the Versailles Administrative Court of
Appeal on July 23, 2014 (which is currently investigating the case)
and the ruling is therefore not final.
NOTE 25
DEFERREDTAX
Additions and reversals of non-deductible provisions recorded in 2014
by subsidiaries that form part of the Accor tax group represented
a net non-taxable provision reversal of €4.4 million, resulting in a
€1.5 million reduction in deferred tax assets calculated at the rate
of 33.33% excluding the 3.3%
contribution sociale
surtax and the
10.7% special contribution.
NOTE 26
OFF-BALANCE SHEET COMMITMENTS GIVEN AND RECEIVED
Lease commitments
Commitments given by Accor SA to its subsidiaries concerning fixed and variable lease payments were as follows at December 31, 2014
and 2013:
(inmillions of euros)
Dec. 31, 2013
Dec. 31, 2014
Fixed lease payment commitments given to subsidiaries
1,215
1,100
Variable lease payment commitments given to subsidiaries
1,674
1,091
TOTAL LEASE PAYMENT COMMITMENTS GIVEN
2,890
2,190
Registration Document 2014
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