XML 104 R16.htm IDEA: XBRL DOCUMENT v2.4.0.8
INCOME TAXES
6 Months Ended
Jun. 30, 2013
INCOME TAXES

11. INCOME TAXES

The components of pretax loss from continuing operations for the quarters and years to date ended June 30, 2013 and 2012 are as follows (dollars in thousands):

 

     For the Quarter Ended
June 30,
    For the Year to Date Ended
June 30,
 
     2013     2012           2013                 2012        

U.S.

   $ (59,094   $ (101,434   $ (92,453   $ (65,240

Foreign

     (4,068     (3,456     4,307        8,797   
  

 

 

   

 

 

   

 

 

   

 

 

 

Total

   $ (63,162   $ (104,890   $ (88,146   $ (56,443
  

 

 

   

 

 

   

 

 

   

 

 

 

The determination of the annual effective tax rate is based upon a number of significant estimates and judgments, including the estimated annual pretax income (loss) in each tax jurisdiction in which we operate and the ongoing development of tax planning strategies during the year. In addition, our provision for (benefit from) income taxes can be impacted by changes in tax rates or laws, the finalization of tax audits and reviews, as well as other factors that cannot be predicted with certainty. As such, there can be significant volatility in interim tax provisions.

The following is a summary of our income tax benefits and effective tax rates from continuing operations (dollars in thousands):

 

     For the Quarter Ended
June 30,
    For the Year to Date Ended
June 30,
 
     2013     2012           2013                 2012        

Pretax loss

   $ (63,162   $ (104,890   $ (88,146   $ (56,443

Benefit from income taxes

   $ (33,274   $ (19,027   $ (44,240   $ (11,930

Effective rate

     -52.7     -18.1     -50.2     -21.1

The increase in the effective rate for the quarter and year to date ended June 30, 2013 as compared to the prior year was primarily due to the write-off of nondeductible goodwill in the prior year. The current quarter rate was impacted by a $6.6 million favorable tax adjustment, which is comprised of $9.2 million related to the resolution of various state tax audits and exposures offset by $2.6 million of tax benefits recaptured due to the sale of AIU London. The effect of these discrete items was to increase the effective rate by 10.5%. In addition, the cumulative effect of not-for-profit operating income, state and foreign valuation losses, and foreign rate differences increased the quarter’s effective rate by 1.4%.

The effective rate for the year to date ended June 30, 2013 as compared to the prior year was also impacted by a $2.0 million favorable tax adjustment related to the resolution of various state tax exposures.

We estimate that it is reasonably possible that the liability for unrecognized tax benefits for a variety of uncertain tax positions will decrease by up to $0.9 million in the next twelve months as a result of the completion of various tax audits currently in process and the expiration of the statute of limitations in several jurisdictions. The income tax rate for the quarter and year to date ended June 30, 2013 does not take into account the possible reduction of the liability for unrecognized tax benefits. The impact of a reduction to the liability will be treated as a discrete item in the period the reduction occurs. We recognize interest and penalties related to unrecognized tax benefits in tax expense. As of June 30, 2013, we had accrued $2.9 million as an estimate for reasonably possible interest and accrued penalties.

Our tax returns are routinely examined by federal, state and foreign tax authorities and these audits are at various stages of completion at any given time. The Internal Revenue Service completed its examination of our U.S. income tax returns through our tax year ended December 31, 2007.