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Income Taxes
9 Months Ended
Jun. 30, 2017
Income Taxes  
Income Taxes

Note 10 – Income Taxes

 

During interim periods, the Company generally utilizes the estimated annual effective tax rate method which involves the use of forecasted information. Under this method, the provision is calculated by applying an estimate of the annual effective tax rate for the full fiscal year to “ordinary” income or loss (pretax income or loss excluding unusual or infrequently occurring discrete items) for the reporting period. Although the Company believes the use of the annual effective tax rate method to be appropriate for prior interim reporting periods, for the fiscal three-month and nine-month periods ended June 30, 2017, the Company believes it is more appropriate to use a blend of the discrete effective tax rate method and the estimated annual effective tax rate method to calculate income tax expense for the period. The Company determined that since small changes in estimated “ordinary” income for U.S. operations would result in significant changes in the worldwide estimated annual effective tax rate, the discrete tax rate method should be utilized to determine a more reliable estimate of U.S. income tax expense for the period.

 

Income tax expense recognized on pre-tax losses for the three and nine months ended June 30, 2017 resulted in effective tax rates of (430%) and (31%), respectively. The most significant items contributing to the difference between the statutory U.S. federal income tax rate of 35% and the Company’s effective tax rate for the three-month and nine-month periods ending June 30, 2017 was the $20.1 million impact of recording the U.S. provision utilizing a discrete vs. annual effective rate tax rate method partially offset by the tax benefit related to the reversal of certain tax contingencies due to the lapse of the statute of limitations. 

 

The amount of net unrecognized tax benefits was $5.9 million as of June 30, 2017 and $10.2 million as of September 30, 2016, exclusive of interest and penalties. The decrease in net unrecognized tax benefits was primarily related to a lapse of the statute of limitations on tax positions taken in previous years. At June 30, 2017, the amount of net unrecognized tax benefits from permanent tax adjustments that, if recognized, would favorably impact the effective rate was $3.2 million. During the next 12 months, it is reasonably possible that resolution of reviews by taxing authorities, both domestic and international, could be reached with respect to approximately $3.0 million of the net unrecognized tax benefits depending on the timing of examinations and expiration of statute of limitations, either because our tax positions are sustained or because we agree to their disallowance and pay the related income tax.

 

We are subject to ongoing audits from various taxing authorities in the jurisdictions in which we do business. As of June 30, 2017, the years open under the statute of limitations in significant jurisdictions include fiscal years 2012-2016 in the U.S. We believe we have adequately provided for uncertain tax issues that have not yet been resolved with federal, state and foreign tax authorities.

 

During the three month period ended March 31, 2017, in order to maintain the required leverage ratio in our revolving credit agreement and note purchase and private shelf agreements, we decided to access cash resources in our foreign subsidiaries to provide increased assurance of compliance with our loan covenants in the future. As a result, we are no longer able to assert that accumulated or current earnings in our foreign subsidiaries are indefinitely reinvested. Our intent is to repatriate a total of approximately $194.2 million of earnings from the U.K. during fiscal 2017, and we have provided for the associated incremental U.S. taxes. As of June 30, 2017, we have recorded a deferred tax liability in the amount of $17.8 million for the estimated U.S. taxes that would be due if we were to repatriate the remainder of the accumulated or current earnings in foreign subsidiaries. We do not have plans to repatriate any additional amounts at this time, however, we may do so if circumstances change or we determine it is in the company’s best interests to do so.

 

We evaluated our net deferred income taxes, which included an assessment of the cumulative income or loss over the prior-three year period and future periods, to determine if a valuation allowance is required. After considering our recent history of U.S. losses, we recorded a valuation allowance during fiscal year 2015 on net U.S. deferred tax assets, with a corresponding charge to its income tax provision of $35.8 million. As of June 30, 2017, we maintained a valuation allowance against U.S. deferred tax assets as realization of such assets does not meet the more-likely-than-not threshold required under accounting guidelines. We will continue to assess the need for a valuation allowance on deferred tax assets by evaluating positive and negative evidence that may exist. Through June 30, 2017, a total valuation allowance of $45.6 million has been established for U.S. net deferred tax assets, certain foreign operating losses and other foreign assets.

 

If sufficient positive evidence arises in the future, such as a sustained return to profitability in the U.S., any existing valuation allowance could be reversed as appropriate, decreasing income tax expense in the period that such conclusion is reached. Until we re-establish a pattern of continuing profitability in the U.S. tax jurisdiction, in accordance with the applicable accounting guidance, U.S. income tax expense or benefit related to the recognition of deferred tax assets in the condensed consolidated statement of operations for future periods will be offset by decreases or increases in the valuation allowance with no net effect on the Consolidated Condensed Statements of Income (Loss).