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Income tax
12 Months Ended
Dec. 31, 2019
Income Taxes [Abstract]  
Income tax
Income tax
 
 
For the year ended December 31,
(In $ million)
 
2019
 
2018
 
2017
Current tax (expense) benefit
 
 
 
 
 
 
Current year
 
(43
)
 
(101
)
 
(190
)
Adjustments for prior years
 
—

 
(1
)
 
1

 
 
(43
)
 
(102
)
 
(189
)
Deferred tax (expense) benefit
 
 
 
 
 
 
Origination and reversal of temporary differences
 
(95
)
 
93

 
128

Adjustments for prior years
 
4

 
7

 
(4
)
 
 
(91
)
 
100

 
124

Income tax (expense) benefit
 
(134
)
 
(2
)
 
(65
)


In addition to the above amounts, the Group has recognized tax expense of $51 million directly in other comprehensive income for the year ended December 31, 2019 (2018: $10 million tax expense; 2017: $25 million tax expense).

10.1    Reconciliation of income tax expense
 
 
For the year ended December 31,
(In $ million)
 
2019
 
2018
 
2017
Profit (loss) from continuing operations before income tax
 
317

 
(27
)
 
486

Income tax using the New Zealand tax rate of 28%
 
(89
)
 
7

 
(136
)
Effect of tax rates in foreign jurisdictions
 
(10
)
 
(11
)
 
(55
)
Non-deductible expenses and permanent differences
 
(10
)
 
(20
)
 
(29
)
Tax exempt income and income at a reduced tax rate
 
3

 
4

 
7

Goodwill impairment
 
(3
)
 
(28
)
 
—

Currency translation (gain) loss
 
(2
)
 
(1
)
 
25

Foreign tax credit
 
57

 
—

 
—

Domestic manufacturing deduction
 
—

 
—

 
12

Withholding tax
 
(6
)
 
(4
)
 
(5
)
Withholding tax related to prior periods
 
—

 
(5
)
 
—

Deemed mandatory repatriation
 
—

 
—

 
(5
)
Tax rate modifications
 
(1
)
 
16

 
339

Write-off of previously recognized deferred tax assets
 
(44
)
 
—

 
(227
)
Change in unrecognized tax losses and temporary differences
 
(34
)
 
9

 
3

Tax on unremitted earnings
 
1

 
(2
)
 
9

Tax uncertainties
 
(2
)
 
27

 
(4
)
Over (under) provided in prior periods
 
4

 
6

 
(3
)
Tax credits
 
4

 
2

 
2

Other
 
(2
)
 
(2
)
 
2

Total income tax (expense) benefit
 
(134
)
 
(2
)
 
(65
)


During the year ended December 31, 2019, the Group amended prior years federal income tax returns to claim a foreign tax credit in lieu of a foreign tax deduction. A current tax benefit of $57 million has been recognized for the resulting refund claim. The related receivable has been recorded in other non-current receivables.

During the year ended December 31, 2019, the Group recognized tax expense of $44 million for the write-down of deferred tax assets relating to interest expense and tax loss carry-forwards in certain jurisdictions. The write-down reflects the Group's updated assessment of recoverability of these deferred tax assets against future taxable income.

Additionally, the Group recognized tax expense of $34 million for changes in unrecognized tax losses and temporary differences which relates primarily to deferred interest expense.

10.2    Changes in U.S. federal tax legislation and provisionally determined amounts

In December 2017, the Tax Cuts and Jobs Act (the "Act") went into effect. For the year ended December 31, 2017, the Group recorded the following adjustments on a provisional basis, reflecting the estimated impact of the Act.

The reduction in the U.S. federal tax rate from 35% to 21% triggered a remeasurement of deferred taxes that resulted in a tax benefit of $339 million recognized in the statement of comprehensive income and a tax benefit of $42 million recognized directly in equity.

Tax expense of $227 million was recorded to write-off previously recognized deferred tax assets, which reflects the Group’s current interpretations as to the new restrictions on the recoverability of carried forward interest deductions, how future adjusted taxable income will be computed, and the overall estimated impact of the Act on projections of taxable income.

The Group recognized tax expense of $5 million for the estimated liability arising from the deemed mandatory repatriation of earnings associated with the introduction of a participation exemption tax system.

During the year ended December 31, 2018, the Group finalized these provisionally determined amounts. There were no significant changes to any previously determined provisional amounts.

10.3    Current tax assets and liabilities

Current tax assets of $9 million as of December 31, 2019 (2018: $14 million) represent the amount of income taxes recoverable with respect to current and prior years and arise from the payment of tax in excess of the amounts due to the relevant tax authorities. Current tax liabilities of $30 million as of December 31, 2019 (2018: $27 million) represent the amount of income taxes payable with respect to current and prior years.

10.4    Movement in recognized deferred tax assets and liabilities
(In $ million)
 
Derivatives
 
Property, plant and equipment
 
Intangible assets
 
Employee benefits
 
Tax loss carry-forwards
 
Interest
 
Other items
 
Net deferred tax assets (liabilities)
Balance as of January 1, 2018
 
(73
)
 
(360
)
 
(1,102
)
 
258

 
85

 
112

 
98

 
(982
)
Recognized in profit or loss
 
73

 
(15
)
 
48

 
20

 
(18
)
 
9

 
(27
)
 
90

Recognized in equity
 
—

 
—

 
—

 
(10
)
 
—

 
—

 
3

 
(7
)
Other
 
—

 
(1
)
 
2

 
1

 
(2
)
 
—

 
5

 
5

Balance as of December 31, 2018
 
—

 
(376
)
 
(1,052
)
 
269

 
65

 
121

 
79

 
(894
)
Recognized in profit or loss
 
(33
)
 
(26
)
 
17

 
(6
)
 
(24
)
 
(32
)
 
8

 
(96
)
Recognized in equity
 
—

 
—

 
—

 
(51
)
 
—

 
—

 
—

 
(51
)
Disposals
 
—

 
20

 
28

 
(3
)
 
(2
)
 
—

 
—

 
43

Other
 
—

 
1

 
(2
)
 
(1
)
 
(1
)
 
—

 
3

 
—

Balance as of December 31, 2019
 
(33
)
 
(381
)
 
(1,009
)
 
208

 
38

 
89

 
90

 
(998
)

 
 
As of December 31,
(In $ million)
 
2019
 
2018
Included in the statement of financial position as:
 
 
 
 
Deferred tax assets - non-current
 
27

 
28

Deferred tax liabilities - non-current
 
(1,025
)
 
(922
)
Total recognized net deferred tax liabilities
 
(998
)
 
(894
)


10.5    Unrecognized deferred tax liabilities

To the extent that dividends are expected to be remitted from overseas subsidiaries, joint ventures and associates, and would result in additional income taxes payable, appropriate amounts have been provided for in the statements of financial position. No deferred tax liabilities have been provided for unremitted earnings of the Group's overseas subsidiaries when these amounts are considered permanently reinvested in the businesses of these subsidiaries. As of December 31, 2019, the unrecognized deferred tax liabilities associated with unremitted earnings totaled approximately $99 million.

10.6    Unrecognized deferred taxes
 
 
As of December 31,
(In $ million)
 
2019
 
2018
Deductible (taxable) temporary differences
 
419

 
284

Tax losses
 
286

 
294

Total unrecognized deferred tax assets
 
705

 
578



The tax losses of the Group expire over different time intervals depending on local jurisdiction requirements. Certain deductible temporary differences do not expire under current tax legislation in the jurisdiction where the differences arose. Deferred tax assets have not been recognized with respect to these items because it is not probable that future taxable profit will be available against which the Group can utilize the benefit.