12)	Income Taxes

The Act was enacted on December 22, 2017. The Act reduces the U.S. federal corporate income tax rate from 35% to 21%, requires companies to pay a one-time transition tax on earnings of certain foreign subsidiaries that were previously tax deferred and creates new taxes on certain foreign sourced earnings. The Company is applying SAB 118 when accounting for the enactment effects of the Act. As of September 30, 2018, the Company has not completed the accounting for all of the tax effects of the Act; however, provisional estimates have been recorded.

For the quarter ended September 30, 2018, the Company recognized a tax expense of $863 from an adjustment of the provisional estimates recorded for the Act and included these adjustments as a component of income tax expense from continuing operations. The calculations will continue to be refined and adjusted as additional analysis is completed. Future adjustments are not expected to be material.

The global intangible low-taxed income (“GILTI”) provision from the Act subjects a U.S. shareholder to current tax on GILTI earned by certain foreign subsidiaries. Under FASB Staff Q&A, Topic 740 No. 5, the Company has elected to recognize the resulting tax on GILTI as a period expense in the period the tax is incurred. The Company expects to incur GILTI tax for the year ended December 31, 2018. The estimate for this GILTI tax, net of foreign tax credits, increased the Company’s effective tax rate for 2018 by approximately 0.3%.

The Company’s effective tax rate for the three and nine months ended September 30, 2018 was 18.5% and 17.6%, respectively. The effective tax rate for the three and nine months ended September 30, 2018, and related income tax expense, was lower than the U.S. statutory tax rate mainly due to the geographic mix of income earned by the Company’s international subsidiaries being taxed at rates lower than the U.S. statutory tax rate, windfall tax benefits of stock compensation, and the new deduction for foreign derived intangible income from the Act, offset by state taxes.

The Company’s effective tax rate for the three and nine months ended September 30, 2017 was 25.0% and 22.3%, respectively. The effective tax rate for the three and nine months ended September 30, 2017 was lower than the U.S. statutory tax rate of 35.0% mainly due to the impact of lower tax rates on foreign income, and the deductions for domestic production activities and windfall tax benefits of stock compensation.

As of September 30, 2018 and December 31, 2017, the total amount of gross unrecognized tax benefits, which excludes interest and penalties, was approximately $32,535 and $27,345, respectively. As of September 30, 2018, if these benefits were recognized in a future period, the timing of which is not estimable, the net unrecognized tax benefit of $25,008, excluding interest and penalties, would impact the Company’s effective tax rate. The Company accrues interest expense, and if applicable, penalties, for any uncertain tax positions. Interest and penalties are classified as a component of income tax expense. As of September 30, 2018 and December 31, 2017, the Company had accrued interest on unrecognized tax benefits of approximately $511 and $327, respectively.

Over the next 12 months it is reasonably possible that the Company may recognize approximately $1,521 of previously net unrecognized tax benefits, excluding interest and penalties, related to various U.S. federal, state and foreign tax positions primarily as a result of the expiration of certain statutes of limitations.

The Company and its subsidiaries are subject to examination by U.S. federal, state and foreign tax authorities. The U.S. Internal Revenue Service commenced an examination of our U.S. federal income tax filings for tax years 2015 and 2016 during the quarter ended September 30, 2017. This audit was effectively settled during the quarter ended March 31, 2018, and the impact was not material. During the quarter ended March 31, 2018, the Company received notification from the U.S. Internal Revenue Service of its intent to audit the Company’s U.S. subsidiary, Newport Corporation, for tax year 2015. This audit commenced during the quarter ended June 30, 2018 and there have been no issues identified at this time. The U.S. statute of limitations remains open for tax years 2015 through present. The statute of limitations for the Company’s tax filings in other jurisdictions varies between fiscal years 2012 through present. The Company has certain federal credit carry-forwards and state tax loss and credit carry-forwards that are open to examination for tax years 2000 through the present.