Note I – Income Taxes

The Company’s effective income tax rate is calculated as the amount of income tax expense divided by income before income tax expense. For the three-month periods in 2017 and 2016, the Company’s effective income tax rates were as follows:



	2017	2016
Three months ended March 31	62.9%	24.7%

The effective tax rates for most periods where earnings are generated, generally exceed the U.S. statutory tax rate of 35% due to several factors, including: the effects of income generated in foreign tax jurisdictions, certain of which have income tax rates that are higher than the U.S. Federal rate; U.S. state tax expense; and certain expenses, including exploration and other expenses in certain foreign jurisdictions, for which no income tax benefits are available or are not presently being recorded due to a lack of reasonable certainty of adequate future revenue against which to utilize these expenses as deductions. Conversely, the effective tax rates for most periods where losses are incurred generally are lower than U.S. statutory tax rate of 35% due to similar reasons.

The effective tax rate for the three-month period ended March 31, 2017 was above the U.S. statutory tax rate primarily due to tax expense recorded in the current period related to undistributed foreign earnings partially offset by income tax benefit on investment in foreign areas. During the first quarter 2017, the Company determined that prospective earnings from its Malaysian and Canadian subsidiaries will not be considered reinvested into local operations. Due to this change in assertion, the Company recorded a deferred tax charge of $54.6 million in the first quarter 2017 associated with the estimated tax consequence of the future repatriation of these subsidiaries’ first quarter earnings. This decision allows the Company to have additional funding options and provides greater financial flexibility as it considers future domestic investment opportunities. The Company expects to incur further tax charges in future 2017 quarters for additional 2017 foreign earnings as they arise. The effective tax rate for the three-month period ended March 31, 2016 was below the U.S. statutory tax rate primarily due to effects of losses incurred in its Canadian operations and exploration and other expenses in certain foreign jurisdictions that have little or no realized tax benefits.

The Company’s tax returns in multiple jurisdictions are subject to audit by taxing authorities. These audits often take years to complete and settle. Although the Company believes that recorded liabilities for unsettled issues are adequate, additional gains or losses could occur in future years from resolution of outstanding unsettled matters. As of March 31, 2017, the earliest years remaining open for audit and/or settlement in our major taxing jurisdictions are as follows: United States – 2011; Canada – 2012; Malaysia – 2010; and United Kingdom – 2014.