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Income Taxes
3 Months Ended
Mar. 30, 2013
Income Taxes  
Income Taxes

12. Income Taxes

 

Provision for income taxes includes both domestic and foreign income taxes at the applicable statutory rates adjusted for non-deductible expenses, research and development tax credits and other permanent differences. Income tax expense was $44 thousand and $2.8 million for the three months ended March 30, 2013 and March 31, 2012, respectively, resulting in effective tax rates of 0.2% and 16.3%, respectively. The effective tax rate for the three months ended March 30, 2013 decreased from the prior period, primarily due to the renewal of the federal research and development tax credit contained in the American Taxpayer Relief Act of 2012 (the “Act”), which was enacted on January 2, 2013. The Act retroactively reinstated the federal research and development tax credit from January 1, 2012, through December 31, 2013. The effect of the change in the tax law related to fiscal 2012 is recognized in its entirety as a benefit to income tax expense in the three months ended March 30, 2013, the quarter in which the law was enacted.  The impact of this item was partially offset by a decrease in the deductibility of stock-based compensation expense in the three months ended March 30, 2013, primarily due to the prior period one-time increase in the deductibility of stock-based compensation expense in connection with the former CEO’s separation from the Company in 2012.

 

At March 30, 2013, the Company had gross unrecognized tax benefits of $4.3 million, $4.1 million of which would affect the effective tax rate if recognized. The Company recognizes interest and penalties related to unrecognized tax benefits in the provision for income taxes.

 

The Company believes it is reasonably possible that the gross unrecognized tax benefits will decrease by approximately $1.3 million in the next 12 months due to the lapse of the statute of limitations applicable to a tax deduction claimed on a prior year foreign tax return.

 

The tax years 2006 through 2013 remain open to examination by the major taxing jurisdictions to which the Company is subject. The Company’s 2009, 2010 and 2011 federal income tax returns are under examination by the U.S. Internal Revenue Service. Although the outcome of tax audits is always uncertain, the Company believes that the results of the examination will not materially affect its financial position or results of operations.  The Company is not currently under audit in any other major taxing jurisdiction.