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Operating Activities

(15) Income tax

Accounting and measurement policies
Current income taxes

Current income taxes for the reporting period and, where applicable, for prior periods, are calculated in the amounts that the tax authorities are expected to demand or reimburse. The calculation is based on the company-specific tax rate applicable in the relevant tax year.

Uncertain income tax assets and liabilities

Factual assessments are made to calculate uncertain income tax assets and liabilities. Uncertain income tax matters are recognized depending on the likelihood that the responsible tax authorities will accept the respective income tax treatment. If recognition by the tax authorities is considered unlikely, the respective uncertain tax asset or uncertain tax liability is measured at the most likely amount. Uncertain income tax liabilities are reported within income tax liabilities. Expected income tax-related penalties and interest that do not fall within the scope of IAS 12 are treated as provisions in line with IAS 37.

Deferred taxes

Deferred tax assets resulting from deductible temporary differences that exceed deferred tax liabilities relating to the same taxation authority and the same taxable entity are recognized if it is considered probable that taxable profit will be available against which they can be utilized. This corresponds to the recognition of deferred tax assets on unused tax credits and tax loss and interest carryforwards.

The recognition of deferred tax assets requires an estimate of the probability of future use. The influencing factors considered as part of this assessment include the following:

  • temporary differences relating to the same taxation authority and the same taxable entity that will be subject to taxation in the future,
  • results history,
  • results planning, and
  • existing tax planning of the respective Group company.

Deferred tax liabilities for planned dividend payments within the next twelve months of profits already generated are recognized.

Significant discretionary decisions and sources of estimation uncertainty
Income taxes

The calculation of the reported assets and liabilities from current and deferred income taxes requires extensive discretionary judgments, assumptions, and estimates.

When assessing income tax assets and liabilities, the interpretation of tax provisions may be subject to particular uncertainty. The possibility that the relevant tax authorities will take a differing view concerning the application and interpretation of tax standards cannot be ruled out. Changes to the assumptions underlying the interpretation of tax standards, for example as a result of changes in legislation, are recognized in the balance sheet when the change comes into force.

With regard to deferred tax items, there is uncertainty as to when an asset will be realized or a liability settled. This applies in particular to deferred taxes recognized in the course of company acquisitions. Assessing the recoverability, particularly of tax credits and tax loss and interest carryforwards, requires assumptions and estimates concerning the future taxable income of the respective Group company. Furthermore, the extent to which a subsidiary’s planned dividend distribution is probable within the next twelve months is discretionary.

Income taxes in the consolidated income statement were broken down as follows:

€ million

 

2023

 

2022

Current income taxes in the period

 

-1,140

 

-1,344

Income taxes for previous periods

 

167

 

28

Deferred taxes in the period

 

323

 

369

thereof: from temporary differences

 

290

 

338

thereof: from changes in tax rates

 

-7

 

12

thereof: from tax loss carryforwards

 

40

 

19

Income taxes

 

-650

 

-948

Tax reconciliation

The following table presents the reconciliation from the theoretical income tax expense to the income tax expense according to the consolidated income statement. The theoretical income tax expense is determined by applying the statutory tax rate of a corporation headquartered in Darmstadt of 31.7% (2022: 31.7%).

€ million

 

2023

 

2022

Profit before income tax

 

3,484

 

4,287

 

 

 

 

 

Tax rate

 

31.7%

 

31.7%

Theoretical income tax expense

 

-1,105

 

-1,360

Tax rate differences

 

495

 

568

Tax effect of companies with a negative contribution to consolidated profit

 

-7

 

-71

Income tax for previous periods

 

167

 

28

Tax credits

 

-103

 

-79

Tax effect on tax loss carryforwards

 

32

 

14

Tax effect of non-deductible expenses/Tax-free income/Other tax effects

 

-129

 

-48

Income tax expense according to consolidated income statement

 

-650

 

-948

 

 

 

 

 

Tax ratio according to consolidated income statement

 

18.7%

 

22.1%

Income taxes consisted of corporation and trade taxes for the German companies and comparable income taxes for non-German companies. Income taxes relating to previous periods recognized in fiscal 2023 resulted in particular from completed tax audits, changes in income tax liabilities for risks from tax audits, and tax assessments for previous years.

Deferred taxes

The allocation of deferred tax assets and liabilities to the balance sheet items and the reconciliation of deferred taxes in the consolidated income statement and the consolidated balance sheet are presented in the following table:

 

 

Jan 1, 2022

 

 

 

 

 

 

 

Dec. 31, 2022

€ million

 

Deferred tax assets/
liabilities (net)

 

Deferred taxes (consolidated income statement)

 

Deferred taxes credited/
debited to equity

 

Changes in scope of consolidation/
Currency translation/
Other changes1

 

Deferred tax assets/
liabilities (net)

 

Assets

 

Liabilities1

Intangible assets

 

-1,428

 

302

 

 

-135

 

-1,261

 

112

 

1,374

Property, plant and equipment

 

-68

 

-59

 

 

-3

 

-129

 

39

 

168

Current and non-current financial assets

 

-6

 

-4

 

-22

 

 

-32

 

 

32

Inventories

 

737

 

84

 

 

2

 

823

 

846

 

23

Current and non-current receivables/Other assets

 

81

 

-27

 

 

-3

 

51

 

66

 

15

Current and non-current provisions

 

803

 

-37

 

-296

 

6

 

475

 

526

 

51

Current and non-current liabilities

 

17

 

93

 

13

 

-2

 

122

 

170

 

49

Tax loss carryforwards

 

11

 

19

 

 

 

30

 

30

 

Tax refund claims/Other

 

-57

 

-2

 

1

 

3

 

-55

 

41

 

96

Deferred taxes
(before offsetting)

 

91

 

369

 

-305

 

-132

 

23

 

1,829

 

1,807

Offset deferred tax assets and liabilities

 

 

 

 

 

 

 

 

 

-520

 

-520

Deferred taxes
(consolidated balance sheet)

 

91

 

 

 

 

 

 

 

23

 

1,310

 

1,287

1

Previous-year figures have been adjusted, please refer to note (6) “Acquisitions and Divestments”.

 

 

Jan. 1, 2023

 

 

 

 

 

 

 

Dec. 31, 2023

€ million

 

Deferred tax assets/
liabilities (net)

 

Deferred taxes (consolidated income statement)

 

Deferred taxes credited/
debited to equity

 

Changes in scope of consolidation/
Currency translation/
Other changes

 

Deferred tax assets/
liabilities (net)

 

Assets

 

Liabilities

Intangible assets

 

-1,261

 

235

 

 

47

 

-979

 

111

 

1,090

Property, plant and equipment

 

-129

 

5

 

 

5

 

-119

 

103

 

222

Current and non-current financial assets

 

-32

 

13

 

-17

 

0

 

-36

 

2

 

38

Inventories

 

823

 

42

 

 

-44

 

821

 

835

 

15

Current and non-current receivables/Other assets

 

51

 

9

 

 

-1

 

59

 

92

 

33

Current and non-current provisions

 

475

 

-10

 

50

 

-6

 

510

 

633

 

122

Current and non-current liabilities

 

122

 

-6

 

9

 

-6

 

119

 

181

 

62

Tax loss carryforwards

 

30

 

40

 

 

-2

 

67

 

67

 

Tax refund claims/Other

 

-55

 

-5

 

 

3

 

-57

 

117

 

174

Deferred taxes
(before offsetting)

 

23

 

323

 

42

 

-3

 

385

 

2,142

 

1,757

Offset deferred tax assets and liabilities

 

 

 

 

 

 

 

 

 

-627

 

-627

Deferred taxes
(consolidated balance sheet)

 

23

 

 

 

 

 

 

 

385

 

1,514

 

1,130

As in the previous year, the item “Changes in scope of consolidation/Currency translation/Other changes” mainly comprised exchange rate effects for items translated from U.S. dollars to the reporting currency (euro).

Furthermore, a non-recurring deferred tax income on intangible assets impacted in the amount of € 95 million.

Given the positive earnings forecasts, it was assumed that it will be possible to realize recognized deferred tax assets of € 597 million (December 31, 2022: € 191 million), which exceeded deferred tax liabilities relating to the same taxation authority and the same taxable entity, even though there was a loss in the current or previous period.

No deferred tax assets were recognized in the balance sheet for deductible temporary differences and other interest carryforwards in the amount of € 13,220 million (December 31, 2022: € 71 million). The increase in deductible temporary differences for which no deferred tax assets were recognized in the balance sheet is due to the change in the exercise of different tax-related options abroad compared with the previous year. The majority of these differences can only be utilized until 2029. Their utilization for tax purposes is not expected during this period.

Deferred tax liabilities from outside basis differences for planned dividend payouts were recognized in the amount of € 157 million (December 31, 2022: € 79 million). Retained earnings of subsidiaries for which no deferred taxes were recognized amounted to € 10,627 million as of December 31, 2023 (December 31, 2022: € 10,249 million). The resulting temporary differences that will be taxable in future periods in the event of dividend payments would amount to € 603 million as of December 31, 2023 (December 31, 2022: € 582 million).

Changes in tax loss carryforwards

Tax loss carryforwards were structured as follows:

 

 

Dec. 31, 2023

 

Dec. 31, 20221

€ million

 

Germany

 

Outside Germany

 

Total

 

Germany

 

Outside Germany

 

Total

Tax loss carryforwards

 

257

 

536

 

793

 

161

 

677

 

838

Tax loss carryforwards for which a deferred tax asset is recognized

 

156

 

95

 

251

 

 

136

 

136

Tax loss carryforwards for which no deferred tax asset is recognized

 

101

 

441

 

542

 

161

 

541

 

702

 

 

 

 

 

 

 

 

 

 

 

 

 

Potential deferred tax assets for tax loss carryforwards

 

78

 

124

 

202

 

49

 

165

 

214

Recognized deferred tax assets on tax loss carryforwards

 

49

 

18

 

67

 

 

30

 

30

Not recognized deferred tax assets on tax loss carryforwards

 

29

 

106

 

135

 

49

 

135

 

184

1

Prior year’s figures for Germany were adjusted.

The majority of the tax loss carryforwards either had no expiry date or can be utilized for up to 20 years. This also applies to losses for which no deferred taxes were recognized.

Deferred tax assets resulting from tax loss carryforwards that exceed deferred tax liabilities relating to the same taxation authority and the same taxable entity are not recognized if it is not considered probable that taxable profit will be available against which they can be utilized.

Income tax receivables and income tax liabilities

Income tax receivables amounted to 482 million € as of December 31, 2023 (December 31, 2022: 456 million €) and mainly resulted from tax prepayments that exceeded the actual amount of tax payable for the past fiscal year and earlier fiscal years from refund claims for previous years and from withholding tax claims. As of December 31, 2023, income tax liabilities including liabilities for uncertain tax obligations totaled 1,473 million € (December 31, 2022: 1,522 million €).

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