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Income Taxes
9 Months Ended
Oct. 03, 2015
Income Taxes  
Income Taxes

13. 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 $0.5 million and $3.5 million for the three months ended October 3, 2015 and September 27, 2014, resulting in effective tax rates of 4.5% and 38.4%, respectively. Income tax expense was $2.1 million and $10.9 million for the nine months ended October 3, 2015 and September 27, 2014, resulting in effective tax rates of 8.1% and 28.0%, respectively. The effective tax rate for both the three months and nine months ended October 3, 2015 decreased from the prior periods, primarily due to an increase in the foreign tax rate benefit in the current periods resulting from the completion of payments related to an intercompany licensing transaction. For the three months ended October 3, 2015 the effective tax rate was further decreased by a decrease in the current period of nondeductible costs related to the Energy Micro acquisition. For the nine months ended October 3, 2015, the decrease in the effective tax rate was partially offset by the release during the prior period of unrecognized tax benefits related to an uncertain tax position that was closed by statute.

 

At October 3, 2015, the Company had gross unrecognized tax benefits of $3.7 million, all 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 $0.9 million in the next 12 months due to the lapse of the statute of limitations applicable to tax deductions and tax credits claimed on prior year tax returns.

 

On July 27, 2015, in Altera Corp. v. Commissioner, the U.S. Tax Court issued an opinion related to the treatment of stock-based compensation expense in an intercompany cost-sharing arrangement. A final decision has yet to be issued by the Tax Court due to other outstanding issues related to the case. At this time, the U.S. Department of the Treasury has not withdrawn the requirement to include stock-based compensation from its regulations. The Company has reviewed this case and its impact and has concluded that no adjustment to the condensed consolidated financial statements is appropriate at this time. The Company will continue to monitor ongoing developments and potential impacts to the condensed consolidated financial statements.

 

The tax years 2010 through 2015 remain open to examination by the major taxing jurisdictions to which the Company is subject. The Company is not currently under audit in any major taxing jurisdiction.