Income Taxes	9 Months Ended
Sep. 28, 2019
Income Taxes
Income Taxes	13. Income Taxes Provision (benefit) for income taxes includes both domestic and foreign income taxes at the applicable tax rates adjusted for non-deductible expenses, research and development tax credits and other permanent differences. Income tax expense (benefit) was $1.7 million and $(5.5) million for the three months ended September 28, 2019 and September 29, 2018, resulting in effective tax rates of 7.7% and (24.4)%, respectively. Income tax expense (benefit) was $28.5 million and $(9.4) million for the nine months ended September 28, 2019 and September 29, 2018, resulting in effective tax rates of 74.9% and (15.9)%, respectively. The effective tax rate for the three months ended September 28, 2019 increased from the prior period as a result of a discrete benefit recorded under Staff Accounting Bulletin (“SAB”) No. 118 in the prior period revising the Company’s initial estimate of Transition Tax as a result of the Tax Cuts and Jobs Act. The effective tax rate for the nine months ended September 28, 2019 increased from the prior period primarily due to a change in the Company’s financial statement position related to the treatment of stock-based compensation within its intercompany cost-sharing arrangement. On July 27, 2015, the U.S. Tax Court issued an opinion in Altera Corp. v. Commissioner which concluded that related parties in an intercompany cost-sharing arrangement are not required to share costs related to stock-based compensation. In February 2016, the U.S. Internal Revenue Service appealed the decision to the U.S Court of Appeals for the Ninth Circuit (the “Ninth Circuit”). On June 7, 2019, the Ninth Circuit reversed the 2015 decision of the U.S. Tax Court. As a result of this decision, the Company no longer reflects a tax benefit within its financial statements related to the removal of stock-based compensation from its intercompany cost-sharing arrangement. During the three months ended June 29, 2019, the Company removed the deferred tax assets and a deferred tax liability associated with this matter from its financial statements, resulting in a discrete income tax expense of $28.1 million. The Company will continue to monitor ongoing developments in this matter and potential impacts to its financial statements. Uncertain Tax Positions As of September 28, 2019, the Company had gross unrecognized tax benefits, inclusive of interest, of $2.4 million of which $1.9 million would affect the effective tax rate if recognized. During the nine months ended September 28, 2019, the Company released $0.2 million of unrecognized tax benefits. The Company recognizes interest and penalties related to unrecognized tax benefits in the provision for income taxes. These amounts were not material for any of the periods presented. Following the completion of the Norwegian Tax Administration (“NTA”) examination of the Company’s Norwegian subsidiary for income tax matters relating to fiscal years 2013, 2014, 2015 and 2016, the Company received an assessment from the NTA in December 2017 concerning an adjustment to its 2013 taxable income related to the pricing of an intercompany transaction. The Company is currently appealing the assessment. The adjustment to the pricing of the intercompany transaction results in approximately $15.6 million additional Norwegian income tax. The Company disagrees with the NTA’s assessment and believes the Company’s position on this matter is more likely than not to be sustained. The Company plans to exhaust all available administrative remedies, and if unable to resolve this matter through administrative remedies with the NTA, the Company plans to pursue judicial remedies. The Company believes that it has accrued adequate reserves related to all matters contained in tax periods open to examination. Should the Company experience an unfavorable outcome in the NTA matter, however, such an outcome could have a material impact on its financial statements. Tax years 2015 through 2019 remain open to examination by the major taxing jurisdictions in which the Company operates. The Company is not currently under audit in any major taxing jurisdiction. The Company does not believe gross unrecognized tax benefits will decrease in the next 12 months.

Income Taxes

9 Months Ended

Sep. 28, 2019

13. Income Taxes

Provision (benefit) for income taxes includes both domestic and foreign income taxes at the applicable tax rates adjusted for non-deductible expenses, research and development tax credits and other permanent differences. Income tax expense (benefit) was $1.7 million and $(5.5) million for the three months ended September 28, 2019 and September 29, 2018, resulting in effective tax rates of 7.7% and (24.4)%, respectively. Income tax expense (benefit) was $28.5 million and $(9.4) million for the nine months ended September 28, 2019 and September 29, 2018, resulting in effective tax rates of 74.9% and (15.9)%, respectively. The effective tax rate for the three months ended September 28, 2019 increased from the prior period as a result of a discrete benefit recorded under Staff Accounting Bulletin (“SAB”) No. 118 in the prior period revising the Company’s initial estimate of Transition Tax as a result of the Tax Cuts and Jobs Act. The effective tax rate for the nine months ended September 28, 2019 increased from the prior period primarily due to a change in the Company’s financial statement position related to the treatment of stock-based compensation within its intercompany cost-sharing arrangement.

On July 27, 2015, the U.S. Tax Court issued an opinion in Altera Corp. v. Commissioner which concluded that related parties in an intercompany cost-sharing arrangement are not required to share costs related to stock-based compensation. In February 2016, the U.S. Internal Revenue Service appealed the decision to the U.S Court of Appeals for the Ninth Circuit (the “Ninth Circuit”). On June 7, 2019, the Ninth Circuit reversed the 2015 decision of the U.S. Tax Court. As a result of this decision, the Company no longer reflects a tax benefit within its financial statements related to the removal of stock-based compensation from its intercompany cost-sharing arrangement. During the three months ended June 29, 2019, the Company removed the deferred tax assets and a deferred tax liability associated with this matter from its financial statements, resulting in a discrete income tax expense of $28.1 million. The Company will continue to monitor ongoing developments in this matter and potential impacts to its financial statements.

Uncertain Tax Positions

As of September 28, 2019, the Company had gross unrecognized tax benefits, inclusive of interest, of $2.4 million of which $1.9 million would affect the effective tax rate if recognized. During the nine months ended September 28, 2019, the Company released $0.2 million of unrecognized tax benefits.

The Company recognizes interest and penalties related to unrecognized tax benefits in the provision for income taxes. These amounts were not material for any of the periods presented.

Following the completion of the Norwegian Tax Administration (“NTA”) examination of the Company’s Norwegian subsidiary for income tax matters relating to fiscal years 2013, 2014, 2015 and 2016, the Company received an assessment from the NTA in December 2017 concerning an adjustment to its 2013 taxable income related to the pricing of an intercompany transaction. The Company is currently appealing the assessment. The adjustment to the pricing of the intercompany transaction results in approximately $15.6 million additional Norwegian income tax. The Company disagrees with the NTA’s assessment and believes the Company’s position on this matter is more likely than not to be sustained. The Company plans to exhaust all available administrative remedies, and if unable to resolve this matter through administrative remedies with the NTA, the Company plans to pursue judicial remedies.

The Company believes that it has accrued adequate reserves related to all matters contained in tax periods open to examination. Should the Company experience an unfavorable outcome in the NTA matter, however, such an outcome could have a material impact on its financial statements.

Tax years 2015 through 2019 remain open to examination by the major taxing jurisdictions in which the Company operates. The Company is not currently under audit in any major taxing jurisdiction.

The Company does not believe gross unrecognized tax benefits will decrease in the next 12 months.