13.13.2. Deferred tax
| 31/12/2020 | Deferred tax recognised in profit or loss | Deferred tax recognised in other comprehensive income | Exchange differences on translating foreign operations | Acquisition of subsidiaries | Exclusion from consolidation | Other* | 31/12/2021 | |
| Deferred tax assets | ||||||||
| Temporary differences related to non-current assets | 372 | (2) | – | 1 | 3 | – | – | 374 |
| Provisions and accruals | 646 | 376 | (24) | 14 | 6 | – | – | 1 018 |
| Tax losses | 756 | (145) | – | 48 | – | – | – | 659 |
| Valuation of derivative financial instruments | 48 | 11 | 105 | 3 | – | – | – | 167 |
| Lease liabilities | 991 | 34 | – | 4 | 11 | – | – | 1 040 |
| Recognised income tax relief related to running a business in a special investment zone | – | – | – | – | – | – | 105 | 105 |
| Other | 517 | 12 | – | 2 | 21 | – | – | 552 |
| 3 330 | 286 | 81 | 72 | 41 | – | 105 | 3 915 | |
| Deferred tax liabilities | ||||||||
| Temporary differences related to non-current assets | 4 108 | 331 | – | 42 | 64 | 7 | – | 4 552 |
| Unrealized foreign exchange differences | 247 | (9) | – | – | – | – | – | 238 |
| Valuation of derivative financial instruments | 105 | 101 | 6 | 2 | – | – | – | 214 |
| Other | 188 | 62 | 3 | (4) | 4 | – | – | 253 |
| 4 648 | 485 | 9 | 40 | 68 | 7 | – | 5 257 | |
| (1 318) | (199) | 72 | 32 | (27) | (7) | 105 | (1 342) |
| 31/12/2019 | Deferred tax recognised in profit or loss | Deferred tax recognised in other comprehensive income | Exchange differences on translating foreign operations | Acquisition of subsidiaries | 31/12/2020 | |
| Deferred tax assets | ||||||
| Temporary differences related to non-current assets | 189 | 17 | – | 6 | 160 | 372 |
| Provisions and accruals | 332 | 14 | 13 | 8 | 279 | 646 |
| Tax losses | 325 | 390 | – | 15 | 26 | 756 |
| Valuation of derivative financial instruments | 10 | (15) | 20 | (2) | 35 | 48 |
| Lease liabilities | 785 | 51 | – | 25 | 130 | 991 |
| Other | 275 | 86 | – | (9) | 165 | 517 |
| 1 916 | 543 | 33 | 43 | 795 | 3 330 | |
| Deferred tax liabilities | ||||||
| Temporary differences related to non-current assets | 2 975 | 44 | – | 48 | 1 041 | 4 108 |
| Unrealized foreign exchange differences | 149 | (73) | – | 17 | 154 | 247 |
| Valuation of derivative financial instruments | 107 | 50 | (56) | 3 | 1 | 105 |
| Other | 108 | 14 | (1) | (2) | 69 | 188 |
| 3 339 | 35 | (57) | 66 | 1 265 | 4 648 | |
| (1 423) | 508 | 90 | (23) | (470) | (1 318) |
As at 31 December 2021 deferred tax assets and liabilities amounted to PLN 718 million and PLN 2,060 million, respectively.
As at 31 December 2021 and as at 31 December 2020, the Group had unsettled tax losses in the total amount of PLN 570 million and PLN 663 million, respectively mainly relating to the ORLEN Upstream Group, for which no deferred tax asset was recognised due to the lack of certainty regarding possible utilization of those losses in the future.
ENERGA Tax Capital Group
On 9 November 2020, an agreement establishing a tax group under the name of PGK ENERGA 2021 was executed. The agreement was signed for a term of three fiscal years from 1 January 2021 until 31 December 2023. The agreement was registered by the Head of the Pomorski Tax Authority on 10 December 2020.
The following companies make up the Energa Tax Group: Energa SA, Energa-Operator SA, Energa-Obrót SA, Energa OZE SA, Energa Informatyka i Technologie Sp. z o.o., Energa Logistyka Sp. z o.o. and Energa Oświetlenie Sp. z o.o.
Energa SA was selected as the company representing the Energa Tax Group in respect to the duties arising from the Corporate Income Tax Act and the Tax Ordinance Act.
Energa Tax Group charged income tax on the total income generated from two sources of revenue, namely income on capital gains and income on other revenue. The surplus of total income generated by all companies making up Energa Tax Group from a given source of revenue over their total losses incurred on this source of revenue constitutes the income on the source of revenue.