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INCOME TAXES
9 Months Ended
Feb. 28, 2015
INCOME TAXES
INCOME TAXES
The effective income tax rate from continuing operations during the first nine months of fiscal 2015 was a tax benefit of 22.0%, as compared to a tax provision of 17.5% during the first nine months of fiscal 2014. The difference in rate during the first nine months of fiscal 2015, as compared to the first nine months of fiscal 2014, reflects the impact of changes in our geographical distribution of income (loss), the recording of additional valuation allowance against all of our U.S. state net deferred tax assets, and our position with respect to ASC 740-30, Income Taxes - Other Considerations or Special Areas ("ASC 740-30"). The 22.0% effective income tax rate differs from the federal statutory rate of 34.0% as a result of our geographical distribution of income (loss), the deferred tax impact of the change in the statutory tax rates in Japan and the United Kingdom, the reduction in uncertain tax positions as a result of settling an income tax audit in Italy, the recording of a tax benefit related to compensation expense, and the recording of a valuation allowance against all of our U.S. state net deferred tax assets.
In the normal course of business, we are subject to examination by taxing authorities throughout the world. Generally, years prior to fiscal 2007 are closed for examination under the statute of limitations for U.S. federal, U.S. state and local, and non-U.S. tax jurisdictions. We are also currently under examination in Germany (fiscal 2008 through 2010) and Thailand (fiscal 2008 through 2011). Our primary foreign tax jurisdictions are Germany and the Netherlands. We have tax years open in Germany beginning in fiscal 2007 and the Netherlands beginning in fiscal 2009.
We have historically determined that certain undistributed earnings of our foreign subsidiaries, to the extent of cash available, will be repatriated to the U.S. Accordingly, we have provided a deferred tax liability totaling $5.0 million as of February 28, 2015, on foreign earnings of $37.5 million. In addition, as of February 28, 2015, approximately $34.6 million of cumulative positive earnings of some of our foreign subsidiaries are still considered permanently reinvested pursuant to ASC 740-30. Due to various tax attributes that are continuously changing, it is not practicable to determine what, if any, tax liability might exist if such earnings were to be repatriated.
We have no liability recorded in any tax jurisdiction for uncertain tax positions related to continuing operations as of February 28, 2015, and March 1, 2014.
It is not expected that there will be a change in the unrecognized tax benefits within the next 12 months.