TAXATION continued d. Income tax expense

188 Adaro Energy Annual Report 2009 From Us to Y ou Running Adaro Management Report Owning Adaro Governing Adaro Financial Report Contact Us Corporate Social Responsibility Adaro in Summary www.adaro.com PT ADARO ENERGY Tbk AND SUBSIDIARIES Schedule 550 NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS 31 DECEMBER 2009 AND 2008 Expressed in million Rupiah, unless otherwise stated

34. TAXATION continued e.

Deferred tax assets continued 2009 2008 Deferred tax assets at the beginning of the year 43,824 36,823 Charged to equity 6,830 - Charged to consolidated statement of income 4,803 7,001 Adjustment related to changes of reporting currency of the subsidiary - charged to equity 17,870 - Deferred tax assets at the end of the year 37,587 43,824 Due to several subsdiaries are in a loss position and only as a head office, there is a possible limitation on the future use of tax loss carry forwards and uncertainty as to whether the deferred tax assets will be realised. Thus, a portion of deferred tax assets relating to tax losses carried forwards have not been recognised in these consolidated financial state ments.

f. Deferred tax liabilities

2009 2008 Subsidiaries Tax loss carried forward 116,270 - Provision for employee benefits 10,307 2,212 Mining properties 2,444,658 2,628,436 Difference between commercial and tax net book value of fixed assets 445,588 474,139 Deferred exploration and development expenditure 36,455 43,943 Loss from changes in fair value of derivative instruments 55,616 - Difference in fixed assets under finance lease and lease instalments 74,336 - 2,818,844 3,144,306 Unrecognised deferred tax assets 114,555 - Deferred tax liabilities at the end of the year 2,933,399 3,144,306 Deferred tax liabilities at the beginning of the year 3,144,306 473,922 Charged to equity 55,616 - Charged to consolidated statement of income 38,719 26,604 Acquisition of subsidiaries - 2,606,840 Reversal related to the changes of incomes tax rate in mining properties - 35,580 Exchange difference due to financial statement translation - charged to equity 116,572 125,728 Deferred tax liabilities at the end of the year 2,933,399 3,144,306

g. Administration

Under the taxation laws of Indonesia, the companies within the Group which are domiciled in Indonesia calculate and pay tax on the basis of self assessment. The Directorate General of Tax “DGT” may assess or amend taxes within ten years of the time the tax becomes due, or until the end of 2013, whichever is earlier. There are new rules applicable to the fiscal year 2008 and subsequent years stipulating that the DGT may assess or amend taxes within five years of the time the tax becomes due.

h. Tax assessment letter

On 13 August 2008 and 12 September 2008, SIS received tax assessment letters for various taxes for the fiscal year 2006, which showed SIS as having overpaid corporate income tax and VAT amounting to Rp 15,486 US1,647,447 and Rp 46,471 US4,943,723, respectively, and underpaid income tax articles 21 and 23 amounting to Rp 5 US532 and Rp 142 US15,106, respecti vely. Management of SIS disagreed with the tax assessment of corporate income tax and income tax article 23 and therefore filed objection letters to the DGT against the tax assessment amounting Rp 3,421 US363,829. On 21 April 2009, DGT accepted the objection on income tax article 23 of Rp 142 US15,106 and rejected the objection on corporate income tax of Rp 3,279 US348,723. On 3 June 2009, SIS filed an appeal for the rejection amounting to Rp 3,279 US348,723. As at the date this report is issued, SIS has not received any result for this appeal. As at the date this report, the Company is being audited for all taxes for the fiscal year 2004, 2005, 2006, 2007 and 2008; and SIS is being audited for all taxes for the fiscal year 2008; and ATA is being audited for all taxes for the fiscal year 2005, 2006, 2007 and 2008. The Company, SIS and ATA have not yet received the audit results. Management is of the opinion that the audit results will not have a material impact on the Company’s, SIS’ and ATA’s financial position and cash flows. Adaro Energy Annual Report 2009 189 www.adaro.com PT ADARO ENERGY Tbk AND SUBSIDIARIES Schedule 551 NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS 31 DECEMBER 2009 AND 2008 Expressed in million Rupiah, unless otherwise stated

34. TAXATION continued i.

Changes in taxation law In September 2008, the House of Representatives approved amendments to the income tax law. These were signed into law by the President on 23 September 2008 and hence are considered enacted. One of these amendments stipulates that the income tax for corporations will be set at a flat rate of 28 commencing 1 January 2009 and further reduced to 25 from 1 January 2010. The reduction in tax rates does not impact on deferred tax balances that are expected to be reversed prior to 1 January 2009. However, it will impact on subsequent reversals. The Group has performed an analysis of the periods in which its deferred tax assets and liabilities will be reversed and has revalued its deferred tax assets and liabilities accordingly. The net impact is a reduction in the balance of net deferred tax liabilities as at 31 December 2009 of Rp 5,967 2008: balance of net deferred tax asset of Rp 6,862. This amount has been reflected in these consolidated financial statements.

35. TRANSACTIONS AND BALANCES WITH RELATED PARTIES

Details of the balances and transactions with related parties are as follows:

a. Other receivables - related party

2009 2008 Rupiah PT Anugerah Buminusantara Abadi - 2,243 As a percentage of total assets - 0.01 Other receivables from related parties represents reimbursement of expenses incurred on behalf of related parties.

b. Trade payables to related parties

2009 2008 PT Rahman Abdijaya 95,365 61,581 PT Pulau Seroja Jaya 29,592 21,882 PT Pulau Seroja Jaya Pratama 12,995 16,428 PT Anugerah Buminusantara Abadi 4,831 1,756 Orchard Maritime Logistics Pte Ltd - 147,739 Total 142,783 249,386 As a percentage of total liabilities 0.57 1.27

c. Amounts due to related parties

2009 2008 Rupiah PT Persada Capital Investama - 432 PT Saratoga Sentra Business - 432 - 864 US Dollars PT Rachindo Investments 4,700 5,475 Total 4,700 6,339 As a percentage of total liabilities 0.02 0.03 Amounts due to related parties arose from reimbursement of expenses paid by the related parties on behalf of the Group. Related parties re-charged expenses paid on behalf of the Group at cost.