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Income Taxes
6 Months Ended
Jun. 30, 2012
Income Taxes

14. Income Taxes

The effective tax rate for the three and six months ended June 30, 2012 was 57.1% and 51.0%, respectively. The earnings of the Company’s foreign entities for the three and six months ended June 30, 2012 was $12.8 million and $22.5 million, respectively. The tax rates in the foreign jurisdictions in which the Company operates are less than the Company’s domestic rate, therefore, losses in the foreign jurisdictions will have a negative impact on the Company’s effective tax rate, while earnings in the foreign jurisdictions will have a positive impact on the Company’s effective tax rate. The effective tax rate for the three and six months ended June 30, 2012 was positively impacted by foreign profits taxed at lower rates and a domestic loss taxed at a higher rate. The effective tax rate for the three and six months ended June 30, 2012 was positively impacted by a $1.4 million release of a valuation allowance during the three months ended June 30, 2012. The valuation allowance was released based upon evidence that one of the Company’s foreign entities will be able to fully utilize its remaining tax losses.

The effective tax rate for the three and six months ended June 30, 2011 was 6.7% and 34.0%, respectively. The earnings of the Company’s foreign entities for the three and six months ended June 30, 2011 was $10.2 million and $10.4 million, respectively. The tax rates in the foreign jurisdictions in which the Company operates are less than the Company’s domestic rate, therefore, losses in the foreign jurisdictions will have a negative impact on the Company’s effective tax rate, while earnings in the foreign jurisdictions will have a positive impact on the Company’s effective tax rate. The effective tax rate for the three and six months ended June 30, 2011 was positively impacted by the favorable adjustment of $3.9 million to the Company’s uncertain tax positions during the three months ended June 30, 2011, partially offset by a reversal of related deferred tax assets of $1.7 million. The effective tax rate for the three and six months ended June 30, 2011 was positively impacted by tax rates in foreign jurisdictions that are less than the Company’s domestic rate, partially offset by the recognition of tax expense associated with the transfer of certain intellectual property rights from U.S. to non-U.S. entities.

 

The Company’s effective tax rate could fluctuate significantly on a quarterly basis and could be negatively affected to the extent earnings are lower in the countries in which it operates that have a lower statutory rate or higher in the countries in which it operates that have a higher statutory rate or to the extent it has losses sustained in countries where the future utilization of losses are uncertain. The Company’s effective tax rate could also fluctuate due to changes in the valuation of its deferred tax assets or liabilities, or by changes in tax laws, regulations, accounting principles, or interpretations thereof. In addition, the Company is occasionally subject to examination of its income tax returns by tax authorities in the jurisdictions it operates. The Company regularly assesses the likelihood of adverse outcomes resulting from these examinations to determine the adequacy of its provision for income taxes.

The amount of unrecognized tax benefits for uncertain tax positions was $22.5 million as of June 30, 2012 and $4.0 million as of December 31, 2011, excluding related liabilities for interest and penalties of $1.9 million and $1.5 million as of June 30, 2012 and December 31, 2011, respectively. The amount of unrecognized tax benefits for uncertain tax positions increased by $18.4 million during the six months ended June 30, 2012 for the uncertain tax positions of S1, which were included in the preliminary purchase price allocation.

The Company believes it is reasonably possible that the total amount of unrecognized tax benefits will decrease within the next 12 months by approximately $1.4 million, due to the settlement of various audits and the expiration of statutes of limitation.