ANZ anz group holdings limited

is it technically insolvent?, page-13

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    Jelly


    The assessment is in dispute and could take years to resolve and such matters are normally settled if required for much less the the original assessment raised.

    At this stage one liability is only contingent therefore does not effect solvency and provisions (not payments) will be made in relation to the other.

    AUSTRALIA AND NEW ZEALAND BANKING GROUP 2003-01-30 ASX-SIGNAL-G

    HOMEX - Melbourne

    +++++++++++++++++++++++++
    There has been recent unfortunate speculation regarding ANZ's
    contingent tax liabilities. As previously stated, ANZ believes it has
    adequate tax provisions for these historical tax issues.

    In ANZ's 2002 Financial Report, in Note 48, ANZ outlines its
    contingent liabilities. ANZ now reiterates and further clarifies Note
    48.

    The two main issues currently under review by the Australian Taxation
    Office ("ATO") are:

    1. LEASE ASSIGNMENTS DATING BACK TO 1991 AND 1992

    The ATO has raised assessments using three alternative tax
    treatments. Even if the ATO is successful, only one could potentially
    be valid. The accounting profit of these assignments was
    approximately $50 million, while the largest of the alternative tax
    treatments could impose tax of approximately $140 million. This
    matter is currently before the Federal Court and based on legal
    advice, ANZ strongly believes no further tax is payable.

    2. SECURITIES LENDING, EQUITY SWAPS AND OTHER SIMILAR KINDS OF
    TRANSACTIONS

    These date back to 1996 and subsequent years. They were undertaken in
    the normal course of our banking business and were relatively common
    in the market. No assessments have been issued, although these are
    likely this year. The accounting profit was less than $200 million
    and the transactions involve tax credits of approximately $350
    million. ANZ holds legal opinions, which strongly support the
    availability of these tax credits.

    Additionally, at ANZ's request, the ATO is reviewing the taxation
    treatment of the sale of Grindlays in 2000. At this stage we have not
    had any indication from the ATO that they are uncomfortable with the
    tax treatment we applied. While this is a complex transaction, we are
    confident the tax approach applied is appropriate.

    Since tax is a complex and often uncertain area, ANZ's policy is to
    raise prudent tax provisions to cover contingent tax risk. We remain
    confident our provisions are adequate and while we would like to
    resolve these matters as soon as possible, our experience is this
    process could take considerable time.


    For analyst enquiries, contact:
 
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