guthrie gets into trouble now?
tio sabo-ed by its auditors pwc:
GUTHRIE GTS LIMITED
(Incorporated in the Republic of Singapore)
Company Registration Number 196800390N
EMPHASIS OF MATTER BY INDEPENDENT AUDITOR ON THE FINANCIAL STATEMENTS FOR THE FINANCIAL YEAR ENDED 31 DECEMBER 2012
In compliance with Rule 704(5) of the Listing Manual of the Singapore Exchange Securities Trading Limited, the Board of Directors of Guthrie GTS Limited (the “Company”) wishes to announce that the Company’s Independent Auditor, PricewaterhouseCoopers LLP, has issued its Independent Auditor’s Report for the financial statements of the Company and its subsidiaries (the “Group”) for the financial year ended 31 December 2012 containing an emphasis of matter without qualifying the audit opinion.
The emphasis of matter draws attention to Note 38(c) to the financial statements which describes the uncertainty relating to tax assessments of Jurong Point Realty Limited, a joint
venture company of the Group. The nature and contents of the emphasis of matter are contained in the Independent
Auditor’s Report, and a copy of which is attached together with Note 38(c) for shareholders’ reference. The Independent Auditor’s Report and a complete set of the financial statements of the Group for the financial year ended 31 December 2012 can be found in the Company’s Annual Report 2012 which will be printed and despatched to shareholders shortly.
BY ORDER OF THE BOARD
Jerome Jansen
Company Secretary
28 March 2013
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38. CONTINGENT LIABILITIES
(c) At 31 December 2012, the Group recorded a tax recoverable of approximately $2.5 million (2011: $2.5 million), being its 50% share of the tax paid by a joint venture company, Jurong Point Realty Limited ("JPRL") for the Year of Assessment ("YA") 2005 and YA 2006 arising from the disallowance of certain interest expense by the Comptroller of Income Tax ("CIT").
In 2011, the CIT issued additional assessments for YA 2005 and YA 2006 to JPRL on the basis that interest expenses incurred on coupon payments on subordinated bonds issued by JPRL to its shareholders are not tax deductible expenses. On 28 November 2011, through its tax legal counsel, JPRL submitted its objection to the assessments. Following the same basis, the CIT issued additional assessments of $8.99 million (Group's share: $4.49 million) for YA 2007 and YA 2008 on 28 December 2012. On 7 January 2013, through its tax legal counsel, JPRL also submitted its objection to the assessments for YA 2007 and YA 2008.
The additional assessments for YA 2005 to YA 2008 are protective in nature as the CIT had to issue these assessments before 31 December 2012, pending his further evaluation of the matter. The additional assessments for YA 2007 and YA 2008 were paid on 6 February 2013. Accordingly, no tax recoverable was recorded as at 31 December 2012 for YA 2007 and YA 2008.
Arising from the above additional assessments raised by the CIT, JPRL has paid additional income tax totalling $13.99 million (the Group's share: $6.99 million) to date, under objection and protest, to avoid any late interest penalty, notwithstanding the fact that JPRL is currently strongly appealing against CIT's position.
To date, the CIT has not raised additional assessments for YA 2009 onwards. If the CIT applie the same basis to JPRL's tax assessments from YA 2009 to the financial year ended 31 December 2012 ("YA 2013"), JPRL may be exposed to additional taxes of approximately $20.33 million (Group's share: $10.17 million). The Group's share of the total tax exposure would amount to $17.16 million for YA 2005 to YA 2013 (2011: $15.15 million for YA 2005 to YA 2012).
Based on the advice of the Group's tax legal counsel, the directors of the Company are of the opinion that the interest expense incurred on coupon payments on the subordinated bonds issued by JPRL are tax deductible. Accordingly, no tax provision has been made for YA 2005 to YA 2013 in the financial statements for the financial year ended 31 December 2012 in respect of the above matter.
JPRL is continuing its appeal effort through its tax legal counsel.