NOTE 11: INCOME TAXES

The components of (loss) income from continuing operations before income taxes are as follows (in thousands):

	For the Year Ended June 30,
	2016		2015		2014
U.S.	$	(131,615)	$	33,693	$	58,539
Foreign		114,317		119,967		120,828
Total	$	(17,298)	$	153,660	$	179,367

The income tax (benefits) provisions related to the above results are as follows (in thousands):

	For the Year Ended June 30,
	2016		2015		2014
Income Tax (Benefit) Provision:
Current Tax Provision
U.S. Federal	$	20,226	$	10,146	$	32,660
State and Local		4,295		2,756		5,133
Foreign		2,685		2,602		1,240
Total Current		27,206		15,504		39,033
Deferred Tax (Benefit) Provision:
U.S. Federal		(40,457)		(45)		(9,545)
State and Local		(5,441)		(486)		(4,447)
Foreign		4,150		3,564		2,658
Total Deferred		(41,748)		3,033		(11,334)
Income Tax (Benefit) Provision	$	(14,542)	$	18,537	$	27,699

The income tax (benefit) provisions differ from those that would be computed using the statutory U.S. federal rate as a result of the following items (in thousands):

	For the Year Ended June 30,
	2016				2015				2014
Income Tax at Statutory Rate	$	(6,054)	35.0	%	$	53,787	35.0	%	$	62,778	35.0	%
Lower Rates on Foreign Operations		(33,213)	192.0	%		(36,428)	(23.7)	%		(36,675)	(20.4)	%
State Income Taxes		(1,012)	5.9	%		2,320	1.5	%		3,405	1.9	%
Nondeductible Tax Items		2,080	(12.0)	%		953	0.6	%		(1,037)	(0.6)	%
Nondeductible Goodwill		23,957	(138.5)	%		-	0.0	%		-	0.0	%
Other		(300)	1.7	%		(2,095)	(1.3)	%		(772)	(0.5)	%
Income Tax (Benefit) Provision	$	(14,542)	84.1	%	$	18,537	12.1	%	$	27,699	15.4	%

Deferred income tax assets (liabilities) result primarily from temporary differences in the recognition of various expenses for tax and financial statement purposes, and from the recognition of the tax benefits of net operating loss carryforwards. These assets and liabilities are composed of the following (in thousands):

	For the Year Ended June 30,
	2016		2015		2014
Loss and Credit Carryforwards, Net	$	24,213	$	21,544	$	13,371
Employee Benefits		17,820		17,852		21,853
Stock-Based Payments		21,239		17,136		16,606
Deferred Rent		22,135		24,102		22,145
Receivable Reserve		20,158		20,043		23,036
Restructuring Reserve		18,820		8,903		8,618
Other Reserves		3,978		3,519		3,068
Less: Valuation Allowance		(8,624)		(10,552)		(9,002)
Gross Deferred Tax Assets		119,739		102,547		99,695
Depreciation		(24,217)		(25,860)		(34,398)
Amortization of Intangible Assets		(72,850)		(91,321)		(73,539)
Gross Deferred Tax Liability		(97,067)		(117,181)		(107,937)
Net Deferred Taxes	$	22,672	$	(14,634)	$	(8,242)

DeVry Group has net operating loss carryforwards in various tax jurisdictions expiring at various times through the years ending June 30, 2036. DeVry Group has state credit carryforwards that expire between the years ending June 30, 2018 and June 30, 2021.

DeVry Group’s effective income tax rate reflects benefits derived from significant operations outside the U.S. Earnings of these international operations are not subject to U.S. federal or state income taxes, so long as such earnings are not repatriated, as discussed below. Four of DeVry Group’s operating units, AUC, which operates in St. Maarten, RUSM, which operates in Dominica, RUSVM, which operates in St. Kitts, and DeVry Brasil which operates in Brazil, all benefit from local tax incentives. AUC’s effective tax rate reflects benefits derived from investment incentives. RUSM and RUSVM each have agreements with their respective domestic governments that exempt them from local income taxation. Both of these agreements have been extended to provide, in the case of RUSM, an indefinite period of exemption and, in the case of RUSVM, exemption until 2037. DeVry Brasil’s effective tax rate reflects benefits derived from its participation in PROUNI, a Brazilian program for providing scholarships to a portion of its undergraduate students.

Valuation allowances are established when it is more likely than not that all or a portion of a deferred tax asset will not be realized. The valuation allowance on our deferred tax assets was approximately $8.6 million as of June 30, 2016 and $10.6 million as of June 30, 2015 for other foreign and state net operating loss and state tax credit carryforwards.

Based on DeVry Group’s expectations for future taxable income, management believes that it is more likely than not that operating income in respective jurisdictions will be sufficient to recognize fully all deferred tax assets, except as explained above.

DeVry Group has not recorded a U.S. federal or state tax provision for the undistributed earnings of its international subsidiaries. It is DeVry Group’s intention to indefinitely reinvest accumulated cash balances, future cash flows and post-acquisition undistributed earnings and profits to improve the facilities and operations of its international schools and pursue future opportunities outside the U.S. In accordance with this plan, cash held by the international subsidiaries will not be available for general company purposes and under current laws will not be subject to U.S. taxation. As of June 30, 2016 and 2015, cumulative undistributed earnings attributable to international operations were approximately $891.3 million and $773.1 million, respectively. Although our current expectation is to not repatriate the aforementioned amount, the estimated income tax liability at current exchange rates and net of available foreign tax credits that would arise if these earnings were distributed to the U.S. is in the range of approximately $290 million to $310 million. This estimate is based on the assumptions that we would be required to distribute the entire amount of earnings as of June 30, 2016 and there are no local country tax restrictions on making such distributions.

The effective tax rate was 84.1% for fiscal year 2016, compared to 12.1% for the prior year. The higher effective tax rate for fiscal year 2016 resulted primarily due to the Carrington impairment charges, which were only partially deductible for tax purposes.

As of June 30, 2016 the total amount of gross unrecognized tax benefits for uncertain tax positions, including positions impacting only the timing of tax benefits, was $7.5 million. The amount of unrecognized tax benefits that, if recognized, would impact the effective tax rate was $5.7 million. As of June 30, 2015, our gross unrecognized tax benefits, including positions impacting only the timing of benefits, was $8.5 million. The total amount of unrecognized tax benefits that, if recognized, would impact the effective tax rate was $6.7 million as of June 30, 2015.

We expect that our unrecognized tax benefits will decrease during the next 12 months due to the settlement of various audits and the lapsing of statutes of limitation. We estimate this decrease to be approximately $2.0 million. DeVry Group classifies interest and penalties on tax uncertainties as a component of the provision for income taxes. The total amount of interest and penalties accrued as of June 30, 2016, 2015, and 2014 was $1.6 million, $1.5 million and $1.4 million, respectively. Interest and penalties recognized during the fiscal years ended June 30, 2016, 2015, and 2014 were $0.2 million, $0.1 million and $0.1 million, respectively. The changes in our unrecognized tax benefits were (in millions):

	For the Year Ended June 30,
	2016		2015		2014
Beginning Balance, July 1	$	8.5	$	9.1	$	9.0
Increases from Positions Taken During Prior Periods		0.3		3.2		0.6
Decreases from Positions Taken During Prior Periods		(1.7)		(4.4)		(1.3)
Increases from Positions Taken During the Current Period		0.4		0.6		0.8
Ending Balance, June 30	$	7.5	$	8.5	$	9.1

DeVry Group files tax returns in the U.S. federal jurisdiction and in various state and foreign jurisdictions. DeVry Group remains generally subject to examination in the U.S. for years beginning on or after July 1, 2012; in various states for years beginning on or after July 1, 2011; and in our significant foreign jurisdictions for years beginning on or after July 1, 2010. DeVry Group is currently under audit by the States of Indiana, Missouri, New Jersey, Oregon and South Carolina for various tax years between 2010 and 2014. The U.S. federal tax returns for the years ending June 30, 2013 and 2014 are currently under audit by the Internal Revenue Service (“IRS”) which began in the first quarter of fiscal year 2017. Although we have recorded tax reserves for potential adjustments to tax liabilities for prior years, we cannot provide assurance that a material adjustment, either positive or negative, will not result when the audits are concluded.