Income Taxes

Our tax provisions as a percentage of income (loss) before tax typically differ from the federal statutory rate of 35%, and may vary from period to period, due to fluctuations in the forecast mix of earnings in domestic and international jurisdictions, new or revised tax legislation and accounting pronouncements, tax credits, state income taxes, adjustments to valuation allowances, and uncertain tax positions, among other items.

Our tax expense for the three and nine months ended September 30, 2014 differed from the federal statutory rate of 35% due to the forecasted mix of earnings in domestic and international jurisdictions, estimated benefits of foreign tax credits, the benefit of certain interest expense deductions, and an election under U.S. Internal Revenue Code Section 338 with respect to a foreign acquisition in 2007.

Our tax benefit for the three months ended September 30, 2013 was lower than the federal statutory rate of 35% due to the forecasted mix of earnings in domestic and international jurisdictions, the benefit of certain interest expense deductions, and an election under U.S. Internal Revenue Code Section 338 with respect to a foreign acquisition in 2007. Our tax benefit for the nine months ended September 30, 2013 reflects the favorable discrete tax benefit for the retroactive extension of the 2012 research and experimentation credit in the amount of $4.0 million. The American Taxpayer Relief Act of 2012 was signed into law on January 2, 2013 and extended several business tax provisions including the research and experimentation credit. Our annual estimated effective tax rate for 2013 was favorably impacted due to the forecasted mix of earnings in domestic and international jurisdictions, the benefit of certain interest expense deductions, and an election under U.S. Internal Revenue Code Section 338 with respect to a foreign acquisition in 2007.

We classify interest expense and penalties related to unrecognized tax liabilities and interest income on tax overpayments as components of income tax expense. The net interest and penalties expense recognized were as follows:



	Three Months Ended September 30,				Nine Months Ended September 30,
	2014		2013		2014		2013
	(in thousands)
Net interest and penalties expense	$	237	$	453	$	1,476	$	792

Accrued interest and penalties recorded were as follows:



	September 30, 2014		December 31, 2013
	(in thousands)
Accrued interest	$	2,093	$	2,078
Accrued penalties	4,168		3,075

Unrecognized tax benefits related to uncertain tax positions and the amount of unrecognized tax benefits that, if recognized, would affect our effective tax rate were as follows:



	September 30, 2014		December 31, 2013
	(in thousands)
Unrecognized tax benefits related to uncertain tax positions	$	35,643	$	28,615
The amount of unrecognized tax benefits that, if recognized, would affect our effective tax rate	34,578		27,694

During the nine months ended September 30, 2014, we increased our unrecognized tax benefits related to uncertain tax positions by $9.8 million and related penalties due to tax positions relating to various intercompany transactions. We decreased our unrecognized benefits related to uncertain tax positions by $1.3 million due to the expiration of the statute of limitations.

At September 30, 2014, we are under examination by certain tax authorities for the 2000 to 2012 tax years. The material jurisdictions where we are subject to examination for the 2000 to 2012 tax years include, among others, the United States, France, Germany, Italy, Brazil, and the United Kingdom. We have received an initial assessment from the French Tax Administration (“FTA”) for calendar years 2010 and 2011 of approximately $9.5 million. We disagree with the initial assessment and intend to contest it vigorously. Accordingly, we have not recorded a liability with regard to this assessment. We have also received a formal assessment from Italy for calendar years 2008 and 2009 of approximately $5 million subsequent to quarter end. We plan to pursue all available administrative remedies related to these assessments, and if we are not able to resolve administratively, we will pursue judicial remedies. We believe we have appropriately accrued for the expected outcome of all tax matters and do not currently anticipate that the ultimate resolution of these examinations will have a material adverse effect on our financial condition, future results of operations, or liquidity.

Based upon the timing and outcome of examinations, litigation, the impact of legislative, regulatory, and judicial developments, and the impact of these items on the statute of limitations, it is reasonably possible that the related unrecognized tax benefits could change from those recorded within the next twelve months. However, at this time, an estimate of the range of reasonably possible adjustments to the balance of unrecognized tax benefits cannot be made.