Income Taxes

6 Months Ended

Jun. 28, 2019

Income Tax Disclosure [Abstract]

INCOME TAXES

INCOME TAXES

For the second quarter of fiscal 2019, the Company’s effective income tax rate was 18%, as compared to 19% in the corresponding period in fiscal 2018; the decrease was primarily due to a one-time tax benefit from foreign income tax refunds in the second quarter of fiscal 2019 and a one-time tax charge from foreign audit settlement in the second quarter of fiscal 2018, partially offset by transfer pricing tax reserves for stock-based compensation deductions.

For the first two quarters of fiscal 2019, the Company’s effective income tax rate was 18% as compared to 16% in the corresponding period in fiscal 2018; the increase was primarily due to transfer pricing tax reserves for stock-based compensation deductions in the second quarter of fiscal 2019, a one-time tax benefit from foreign deferred tax adjustments in the first quarter of fiscal 2018, partially offset by a one-time tax benefit from foreign income tax refunds.

The Company's effective tax rate is lower than the U.S. federal statutory rate of 21% primarily due to favorable tax rates associated with certain earnings from operations in lower-tax jurisdictions, a benefit from U.S. federal R&D credit, and stock-based compensation deductions.

The Company and its subsidiaries are subject to U.S. federal and state and foreign income tax. The Company is currently in different stages of multiple year examinations by the Internal Revenue Service (the "IRS") as well as various state and foreign taxing authorities. In addition, as discussed below, the Company has a pending matter in U.S. tax court regarding fiscal 2011. The Company believes its reserves are more likely than not to be adequate to cover final resolution of all open tax matters.

In the first quarter of fiscal 2018, the Company received a formal Notice of Deficiency from the IRS for fiscal year 2011, assessing tax and penalties totaling $51.2 million. The Company does not agree with the IRS position. Accordingly, on June 1, 2018, the Company filed a petition with the U.S. tax court relating to the Notice of Deficiency. On August 3, 2018, the IRS filed its response to the Company’s petition, with no changes to its position. In April 2019, the tax court issued an order for the case to begin on or after May 1, 2020.

Although timing of the resolution and/or closure of audits is not certain, the Company does not believe that its gross unrecognized tax benefits would materially change in the next twelve months.

Unrecognized tax benefits of $69.0 million and $60.5 million as of the end of the second quarter of fiscal 2019 and fiscal year end 2018, respectively, if recognized, would favorably affect the effective income tax rate in future periods. Unrecognized tax benefits are recorded in Other non-current liabilities and in the deferred tax accounts in the accompanying Condensed Consolidated Balance Sheets.

The Company's practice is to recognize interest and/or penalties related to income tax matters in income tax expense.  As of the end of the second quarter of fiscal 2019 and fiscal year end 2018, the Company had accrued $13.0 million and $11.0 million, respectively, for interest and penalties, which are recorded in other non-current liabilities in the accompanying Condensed Consolidated Balance Sheets.