Ocado Group plc Annual Report for the 52 weeks ended 1 December 2013 129 Our Financials 2.2 Taxation Accounting policies The tax charge for the period comprises current and deferred tax. Tax is recognised in the income statement, except to the extent that it relates to items recognised in other comprehensive income or directly in equity, in which case the tax is also recognised in other comprehensive income or directly in equity respectively. Current taxation Current tax is the expected tax payable on the taxable income for the period, calculated using tax rates enacted or substantively enacted by the balance sheet date. Management periodically evaluates positions taken in tax returns with respect to situations in which applicable tax regulation is subject to interpretation. It establishes provisions where appropriate on the basis of amounts expected to be paid to the tax authorities. Deferred taxation Deferred tax is recognised using the balance sheet liability method on temporary differences arising between the tax base of assets and liabilities and their carrying amount in the financial statements. Deferred tax is calculated at the tax rates that have been enacted or substantively enacted by the balance sheet date and are expected to apply when the related deferred tax asset is realised or the deferred tax liability is settled. Deferred income tax is provided on temporary differences arising on investments in subsidiaries, except where the timing of reversal of the temporary differences is controlled by the Group and it is probable that the temporary difference will not reverse in the foreseeable future. Deferred tax assets are recognised only to the extent that it is probable that future taxable profits will be available against which the temporary differences can be utilised. Recognition, therefore, involves judgement regarding the prudent forecasting of future taxable profits of the business and in applying an appropriate risk adjustment factor. The final outcome of some of these items may give rise to material profit and loss and/or cash flow variances. At the balance sheet date management has forecast that the Group would generate future taxable profits against which existing tax losses could be relieved. The carrying amount of deferred tax assets is reviewed at each balance sheet date. Deferred tax assets and liabilities are offset against each other when there is a legally enforceable right to offset current taxation assets against current taxation liabilities and it is the intention to settle these on a net basis. 2.2.1 Taxation — Income statement Recognised in the income statement Current tax: UK corporation tax on profits of the period Overseas corporation tax on profits of the period Total current tax Deferred tax: Origination and reversal of temporary differences Total deferred tax Income tax expense 52 weeks ended 1 December 2013 £m 53 weeks ended 2 December 2012 £m — — — — — — — — 0.1 0.1 — 1.7 1.7 1.8 The tax on the Group’s loss before tax differs from the theoretical amount that would arise using the weighted average tax rate applicable to losses of the Group as follows: 52 weeks ended 1 December 2013 £m Loss before tax Effective tax credit at the UK tax rate of 23.3% (2012: 24.7%) Effect of: Change in UK corporation tax rate Adjustments in respect of prior periods Permanent differences Difference in overseas tax rates Tax losses for which no deferred tax asset recognised Temporary differences on which no deferred tax recognised Income tax charge for the period 53 weeks ended 2 December 2012 £m (12.5) (2.9) (0.6) (0.1) 1.3 — 1.2 0.6 — (0.2) — 0.7 — 0.4 0.5 0.8 (0.5) 1.8 130 www.ocadogroup.com Stock Code: OCDO Notes to the consolidated financial statements continued 2.2.1 Taxation — Income statement continued As enacted in Finance Act 2013, the standard rate of corporation tax in the UK changed from 24% to 23% with effect from 1 April 2013. Accordingly, the effective rate for the period is 23.3%. 2.2.2 Taxation — Balance sheet Movement in the deferred tax asset is as follows: Tax losses carry-forwards £m As at 27 November 2011 Effect of change in UK corporation tax rate Tax losses recognised through the income statement As at 2 December 2012 Effect of change in UK corporation tax rate Tax losses recognised through the income statement As at 1 December 2013 9.6 (0.7) (1.0) 7.9 (1.1) 1.1 7.9 As enacted in Finance Act 2013, the standard rate of corporation tax in the UK will change to 21% from 1 April 2014 and to 20% from 1 April 2015. Deferred tax has been provided at the rate enacted at the balance sheet date. Movement in the unrecognised deferred tax asset is analysed below: Tax losses carry-forwards £m As at 27 November 2011 Adjustment in respect of prior periods Effect of change in UK corporation tax rate Potential movement in the period unrecognised through: — Income statement — Equity As at 2 December 2012 Adjustment in respect of prior periods Effect of change in UK corporation tax rate Potential movement in the period unrecognised through: — Income statement — Equity As at 1 December 2013 Accelerated capital allowances £m Derivative financial instruments £m Other short-term timing differences £m Total £m 60.1 0.7 (5.0) 17.8 1.3 (1.4) 0.1 — — — — — 78.0 2.0 (6.4) 0.9 — 56.7 — (7.4) (0.6) — 17.1 0.7 (2.3) — — 0.1 — — 0.1 — 0.1 — — 0.4 — 74.0 0.7 (9.7) (1.0) — 48.3 1.5 — 17.0 — (0.1) — (0.1) — — 0.4 (0.1) 65.3 As at 1 December 2013 the Group had approximately £279.5 million of unutilised tax losses (2012: approximately £279.5 million) available for offset against future profits. A deferred tax asset of £7.9 million (2012: £7.9 million) has been recognised in respect of £39.6 million (2012: £34.4 million) of such losses, the recovery of which is supported by the expected level of future profits of the Group. The recognition of the deferred tax asset is based on forecasted operating results calculated in approved business plans and a review of tax planning opportunities. Management have concluded that there is sufficient evidence for the recognition of the deferred tax asset of £7.9 million. No deferred tax asset has been recognised in respect of the remaining losses on the basis that their future economic benefit is uncertain given the unpredictability of future profit streams. All tax losses, both recognised and unrecognised, can be carried forward indefinitely. Ocado Group plc Annual Report for the 52 weeks ended 1 December 2013 131 Our Financials 2.2.2 Taxation — Balance sheet continued Movement in the recognised deferred tax liability is analysed below: £m As at 27 November 2011 Recognised through the income statement As at 2 December 2012 Recognised through the income statement As at 1 December 2013 (0.4) — (0.4) — (0.4) In a prior period, the Group recognised a deferred tax liability of £0.4 million in respect of intangible assets that management deemed to qualify for research and development corporation tax relief. After corporation tax relief, the timing of tax deductions in respect of expenditure incurred on these assets differs to the amortisation profile of the assets giving rise to the deferred tax liability. This liability will be unwound over the useful lives of the assets. 2.3 Loss per share Basic loss per share is calculated by dividing the loss attributable to equity holders of the Company by the weighted average number of ordinary shares in issue during the period, excluding ordinary shares held pursuant to the Group’s JSOS which are accounted for as treasury shares. Diluted loss per share is calculated by adjusting the weighted average number of ordinary shares outstanding to assume conversion of all dilutive potential shares. The Company has two categories of potentially dilutive shares, namely share options and shares held pursuant to the JSOS. There was no difference in the weighted average number of shares used for the calculation of basic and diluted loss per share as the effect of all potentially dilutive shares outstanding was anti-dilutive. Basic and diluted loss per share has been calculated as follows: 52 weeks 53 weeks ended ended 1 December 2 December 2013 2012 Number of shares Number of shares (million) (million) Issued shares at the beginning of the period, excluding treasury shares Effect of share options exercised in the period Effect of treasury shares disposed of in the period Effect of shares issued in the period Weighted average number of shares at the end of the period 578.3 1.4 0.3 — 580.0 Loss attributable to the owners of the Company £m (12.5) £m (2.4) Basic and diluted loss per share pence (2.16) pence (0.46) 522.1 0.3 — 0.9 523.3 The only transactions involving ordinary shares or potential ordinary shares between the reporting date and the date of these financial statements were the exercise of 383,645 share options under the company ESOS scheme and 819,358 share options under the SAYE1 scheme.