NOTE 12: INCOME TAXES

A tax benefit of $11.2 million was recorded in the second quarter of fiscal year 2017. This tax benefit was driven primarily from settlement costs of various regulatory authority litigation, and generated effective tax rates on income of -316.8% and -12.1% for the second quarter and first six months of fiscal year 2017, respectively. The effective tax rates excluding the settlement costs were 18.2% and 19.4% for the second quarter and first six months of fiscal year 2017, respectively, compared to 13.0% and 13.2% for the second quarter and first six months of fiscal year 2016, respectively. The tax rate increased due to an increase in earnings from U.S. operations, which are taxed at a higher rate than income from foreign operations, partially offset by an increase in earnings from foreign operations, which are taxed at lower rates than income from U.S. operations. DeVry Group’s effective income tax rate reflects benefits derived from significant operations outside the U.S. Earnings of these international operations are not subject to U.S. federal or state income taxes, so long as such earnings are not repatriated, as discussed below. Four of DeVry Group’s operating units, AUC, which operates in St. Maarten, RUSM, which operates in Dominica, RUSVM, which operates in St. Kitts, and DeVry Brasil, which operates in Brazil, all benefit from local tax incentives. AUC’s effective tax rate reflects benefits derived from investment incentives. RUSM and RUSVM each have agreements with their respective domestic governments that exempt them from local income taxation. Both of these agreements have been extended to provide, in the case of RUSM, an indefinite period of exemption and, in the case of RUSVM, exemption until 2037. DeVry Brasil’s effective tax rate reflects benefits derived from its participation in PROUNI, a Brazilian program for providing scholarships to a portion of its undergraduate students.

DeVry Group has not recorded a U.S. federal or state tax provision for the undistributed earnings of its international subsidiaries. It is DeVry Group’s intention to indefinitely reinvest accumulated cash balances, future cash flows and post-acquisition undistributed earnings and profits to improve the facilities and operations of its international schools and pursue future opportunities outside the U.S. In accordance with this plan, cash held by the international subsidiaries will not be available for general company purposes, and under current laws, will not be subject to U.S. taxation. As of December 31, 2016, June 30, 2016 and December 31, 2015, cumulative undistributed earnings attributable to international operations were approximately $962 million, $891 million and $829 million, respectively.