INCOME TAXES

Our effective tax rate represents the net effect of the mix of income earned in various tax jurisdictions that are subject to a wide range of income tax rates.

The following is a geographical breakdown of income before the provision for income taxes:



	Year Ended June 30,
	2012			2011		2010
Domestic income	$	(13,064	)	$	9,039	$	47,076
Foreign income	150,409			127,095		44,071

Income before income taxes	$	137,345		$	136,134	$	91,147

The provision for income taxes consisted of the following:



	Year Ended June 30,
	2012			2011			2010
Current income taxes:
Domestic	$	6,147		$	5,693		$	3,771
Foreign	84,816			25,017			22,383
	90,963			30,710			26,154
Deferred income taxes (recoveries):
Domestic	6,470			1,351			16,001
Foreign	(85,262		)	(19,130		)	(40,220		)
	(78,792		)	(17,779		)	(24,219		)
Provision for income taxes	$	12,171		$	12,931		$	1,935

A reconciliation of the combined Canadian federal and provincial income tax rate with our effective income tax rate is as follows:



	Year Ended June 30,
	2012			2011			2010
Expected statutory rate	27.25		%	29.25		%	32.5		%
Expected provision for income taxes	$	37,427		$	39,819		$	29,623
Effect of foreign tax rate differences	(21,496		)	(10,258		)	(8,275		)
Change in valuation allowance	15,536			(4,840		)	814
Amortization of deferred charges	11,112			8,535			—
Effect of permanent differences	6,902			1,577			(2,872		)
Effect of Canadian to US dollar functional currency election	(5,887		)	—			—
Withholding taxes and other items	1,473			(5,177		)	3,847
Impact of internal reorganization of subsidiaries and integration of acquisitions	(32,896		)	(16,725		)	(21,202		)
	$	12,171		$	12,931		$	1,935

During the year ended June 30, 2012, the most significant impact on the difference in our consolidated tax rate from the statutory Canadian tax rate was from tax benefits relating to the internal reorganization of certain recently acquired international subsidiaries wherein a change in the tax status of those subsidiaries resulted in both a significant reduction of deferred tax liabilities related to acquired intangibles and a corresponding reduction in income tax expense. These benefits only get recorded subsequent to such reorganizations and therefore are “triggered” as part of the reorganization of acquired international subsidiaries.

Substantially all the tax rate differential for international jurisdictions was driven by earnings in our Luxembourg and United States subsidiaries.

We have approximately $37.7 million of domestic non-capital loss carryforwards. In addition, we have $116.8 million of foreign non-capital loss carryforwards of which $106.3 million have no expiry date. The remainder of the domestic and foreign losses expires between 2017 and 2032. In addition, investment tax credits of $34.9 million will expire between 2018 and 2032.

The primary components of the deferred tax assets and liabilities are as follows, for the periods indicated below:



	June 30,
	2012			2011
Deferred tax assets
Non-capital loss carryforwards	$	47,516		$	68,870
Capital loss carryforwards	3,002			2,832
Undeducted scientific research and development expenses	19,051			8,615
Depreciation and amortization	12,049			11,895
Restructuring costs and other reserves	11,274			8,112
Deferred Revenue	55,267			—
Other	3,544			22,373
Total deferred tax asset	$	151,703		$	122,697
Valuation Allowance	$	(56,969	)	$	(40,955	)
Deferred tax liabilities
Scientific research and development tax credits	$	(8,695	)	$	(6,304	)
Deferred credits	(906		)	(906		)
Acquired intangibles	(11,040		)	(33,029		)
Other	(18,181		)	(15,058		)
Deferred tax liabilities	$	(38,822	)	$	(55,297	)
Net deferred tax asset (liability)	$	55,912		$	26,445
Comprised of:
Current assets	$	4,003		$	27,861
Long-term assets	80,226			42,737
Current liabilities	(1,612		)	(624		)
Long-term liabilities	(26,705		)	(43,529		)
	$	55,912		$	26,445

We believe that sufficient uncertainty exists regarding the realization of certain deferred tax assets that a valuation allowance is required. We continue to evaluate our taxable position quarterly and consider factors by taxing jurisdiction, including but not limited to factors such as estimated taxable income, any historical experience of losses for tax purposes and the future growth of OpenText.

The aggregate changes in the balance of our gross unrecognized tax benefits (including interest and penalties) were as follows:



Unrecognized tax benefits as of July 1, 2010	$	107,498
Increases on account of current year positions	11,601
Increases on account of prior year positions	21,661
Decreases due to settlements with tax authorities	(2,500		)
Decreases due to lapses of statutes of limitations	(5,368		)
Unrecognized tax benefits as of July 1, 2011	$	132,892
Increases on account of current year positions	5,279
Increases on account of prior year positions*	65,994
Decreases due to settlements with tax authorities	(4,935		)
Decreases due to lapses of statutes of limitations	(42,949		)
Unrecognized tax benefits as of June 30, 2012	$	156,281


*	Included in these balances as of June 30, 2012, are acquired balances of $0.4 million, relating to the acquisition of Global 360.

Included in the above tabular reconciliation are unrecognized tax benefits of $6.8 million relating to deferred tax assets in jurisdictions in which these deferred tax assets are offset with valuation allowances. The net unrecognized tax benefit excluding these deferred tax assets is $149.5 million as of June 30, 2012 ($112.0 million as of June 30, 2011).

In the quarter ended December 31, 2011, we changed our accounting policy regarding the classification of interest and penalties related to liabilities for income tax expense. Upon adoption of FIN 48 we had elected to follow an accounting policy to classify interest related to liabilities for income tax expense under the “Interest income (expense), net” line and penalties related to liabilities for income tax expense under the “Other income (expense)” line of our Condensed Consolidated Statements of Income. During the quarter ended December 31, 2011 we elected to classify interest and penalties related to liabilities for income tax expense under the 'Income tax expense (recovery)' line (See note 1) of our Consolidated Statements of Income.

For the year ended June 30, 2012, we recognized the following amounts as income tax related interest and penalties:



	Year Ended June 30,
	2012			2011		2010
Interest expense	$	9,383		$	3,387	$	1,568
Penalties (recovery)	(10,764		)	75		(943		)
Total	$	(1,381	)	$	3,462	$	625

As of June 30, 2012 and June 30, 2011 the following amounts have been accrued on account of income tax related interest and penalties:



	As of June 30, 2012		As of June 30, 2011
Interest accrued *	$	19,316	$	10,290
Penalties accrued *	$	4,040	$	15,771



*	These balances have been included within "Long-term income taxes payable" within the Consolidated Balance Sheets.

Included in the accrual balances as of June 30, 2012, are accrued interest and penalties of $0.1 million and nil, respectively, relating to the acquisition of Global 360 (see note 17).

We believe that it is reasonably possible that the gross unrecognized tax benefits, as of June 30, 2012 could decrease tax expense in the next 12 months by $14.2 million, relating primarily to the expiration of competent authority relief and tax years becoming statute barred for purposes of future tax examinations by local taxing jurisdictions.

Our four most significant tax jurisdictions are Canada, the United States, Luxembourg and Germany. Our tax filings remain subject to examination by applicable tax authorities for a certain length of time following the tax year to which those filings relate. Tax years that remain open to examinations by local taxing authorities vary by jurisdiction up to ten years.

We are subject to tax examinations in all major taxing jurisdictions in which we operate and currently have examinations open in Canada, the United States, France and Spain. On a quarterly basis we assess the status of these examinations and the potential for adverse outcomes to determine the adequacy of the provision for income and other taxes.

We believe that we have adequately provided for any reasonably foreseeable outcomes related to our tax examinations and that any settlement will not have a material adverse effect on our consolidated financial position or results of operations. However, we cannot predict with any level of certainty the exact nature of any future possible settlements.

As at June 30, 2012 we accrued for withholding taxes payable of $2.4 million on a cash distribution of $202.4 million repatriated from our United States subsidiaries to our Canadian parent company made during June 2012. The tax of $2.4 million was subsequently paid in July 2012.

As at June 30, 2012, we have not provided for additional foreign withholding taxes or deferred income tax liabilities for temporary differences related to the undistributed earnings of our non-Canadian subsidiaries other than Luxembourg since such earnings are considered permanently invested in those subsidiaries. It is not practicable to reasonably estimate the amount of additional deferred income tax liabilities or foreign withholding taxes that may be payable should these earnings be distributed in the future. We do plan to make periodic repatriations from our Luxembourg subsidiary, however, there is no additional tax cost attributable to these distributions.