INCOME TAXES

9 Months Ended

Sep. 28, 2019

Income Tax Disclosure [Abstract]

INCOME TAXES

INCOME TAXES

Uncertain Tax Benefits

As of September 28, 2019, we had gross unrecognized tax benefits of $20.1 (net unrecognized tax benefits of $15.0). Of these net unrecognized tax benefits, $10.3 would impact our effective tax rate from continuing operations if recognized.

We classify interest and penalties related to unrecognized tax benefits as a component of our income tax provision. As of September 28, 2019, gross accrued interest totaled $4.5 (net accrued interest of $3.5). As of September 28, 2019, we had no accrual for penalties included in our unrecognized tax benefits.

Based on the outcome of certain examinations or as a result of the expiration of statutes of limitations for certain jurisdictions, we believe that within the next 12 months it is reasonably possible that our previously unrecognized tax benefits could decrease by up to $10.0. The previously unrecognized tax benefits relate to a variety of tax matters including transfer pricing and various state matters.

Other Tax Matters

For the three months ended September 28, 2019, we recorded an income tax provision of $2.8 on $24.0 of pre-tax income from continuing operations, resulting in an effective rate of 11.7%. This compares to an income tax provision for the three months ended September 29, 2018 of $1.7 on $8.5 of pre-tax income from continuing operations, resulting in an effective rate of 20.0%. The most significant item impacting the income tax provision for the third quarter of 2019 was a $1.9 tax benefit associated with the revision of a previous estimate related to the taxation of foreign earnings.

For the nine months ended September 28, 2019, we recorded an income tax provision of $11.5 on $52.7 of pre-tax income from continuing operations, resulting in an effective rate of 21.8% This compares to an income tax provision for the nine months ended September 29, 2018 of $6.2 on $45.1 of pre-tax income from continuing operations, resulting in an effective rate of 13.7%. The most significant items impacting the income tax provision for the first nine months of 2019 were foreign losses for which no tax benefit was recognized as future realization of any such foreign tax benefit is considered unlikely, offset by (i) $1.7 of excess tax benefits resulting from stock-based compensation awards that vested and/or were exercised during the period, (ii) $1.3 of tax benefits related to our U.S. tax credits and incentives, and (iii) the $1.9 adjustment to the taxation of foreign earnings noted above. The most significant items impacting the income tax provision for the first nine months of 2018 were (i) tax benefits of $1.7 related to reductions in valuation allowances recorded against certain deferred tax assets and (ii) $1.0 of excess tax benefits resulting from stock-based compensation awards that vested and/or were exercised during the period.

We perform reviews of our income tax positions on a continuous basis and accrue for potential uncertain positions when we determine that an uncertain position meets the criteria of the Income Taxes Topic of the Codification. Accruals for these uncertain tax positions are recorded in “Income taxes payable” and “Deferred and other income taxes” in the accompanying condensed consolidated balance sheets based on the expectation as to the timing of when the matters will be resolved. As events change and resolutions occur, these accruals are adjusted, such as in the case of audit settlements with taxing authorities.

The Internal Revenue Service (“IRS”) currently is performing an audit of our 2014, 2015, 2016 and 2017 federal income tax returns. With regard to all open tax years, we believe any contingencies are adequately provided for.

State income tax returns generally are subject to examination for a period of three to five years after filing the respective tax returns. The impact on such tax returns of any federal changes remains subject to examination by various states for a period of up to one year after formal notification to the states. We have various state income tax returns in the process of examination. We believe any uncertain tax positions related to these examinations have been adequately provided for.

We have various foreign income tax returns under examination. The most significant of these are in Germany for the 2010 through 2014 tax years. We believe that any uncertain tax positions related to these examinations have been adequately provided for.

An unfavorable resolution of one or more of the above matters could have a material impact on our results of operations or cash flows in the quarter and year in which an adjustment is recorded or the tax is due or paid. As audits and examinations are still in process, the timing of the ultimate resolution and any payments that may be required for the above matters cannot be determined at this time.