NOTE 11. INCOME TAX

The Company's effective income tax rate from continuing operations for the three months ended November 30, 2016 and 2015 was 27.0% and 31.5%, respectively. The effective tax rate is determined by computing the estimated annual effective tax rate, adjusted for discrete items, if any, which are taken into account in the appropriate period. Several factors determine the Company's effective tax rate, including the mix and amount of global earnings, the impact of loss companies for which no tax benefit is available due to valuation allowances, audit related adjustments, and the impact of permanent tax adjustments.

For the three months ended November 30, 2016, the tax rate was lower than the statutory income tax rate of 35%. Items that benefited the effective tax rate include:


i.	the proportion of our global income from operations in jurisdictions with lower statutory tax rates than the U.S., including Poland, which has a statutory income tax rate of 19%,


ii.	benefit under Section 199 of the Internal Revenue Code related to domestic production activity income, and


iii.	a non-taxable gain on assets related to our non-qualified Benefits Restoration Plan (“BRP”).

For the three months ended November 30, 2015, the tax rate was lower than the statutory income tax rate of 35%. Items that benefited the effective tax rate include:


i.	the proportion of our global income from operations in jurisdictions with lower statutory tax rates than the U.S., including Poland, which has a statutory income tax rate of 19%, and


ii.	benefit under Section 199 of the Internal Revenue Code related to domestic production activity income.

In both the three months ended November 30, 2016 and 2015, the effective tax rate was negatively impacted by losses from operations in certain jurisdictions in which the Company maintains a valuation allowance, thus providing no benefit for such losses.

The Company’s effective income tax rate from discontinued operations for the three months ended November 30, 2016 and 2015 was 2.0% and 0.4%, respectively. The increase in the Company's effective income tax rate from discontinued operations for the three months ended November 30, 2016 and 2015 reflected the fact that earnings from discontinued operations before income taxes included a loss in Australia, a jurisdiction in which all tax losses created a deferred tax asset that was subject to a full valuation allowance, and thus no tax benefit was recorded. The tax benefit related to discontinued operations was the result of nominal pre-tax losses from discontinued operations which are subject to U.S. tax.

The Company made net payments of $1.8 million and $4.7 million for income taxes during the three months ended November 30, 2016 and 2015, respectively.

As of November 30, 2016 and August 31, 2016, the reserve for unrecognized income tax benefits related to the accounting for uncertainty in income taxes was $9.5 million, exclusive of interest and penalties.

The Company's policy classifies interest recognized on an underpayment of income taxes and any statutory penalties recognized on a tax position as income tax expense, and the balances at the end of a reporting period are recorded as part of the current or noncurrent reserve for uncertain income tax positions. For the three months ended November 30, 2016, before any income tax benefits, the Company recorded immaterial amounts of accrued interest and penalties on unrecognized income tax benefits.

During the twelve months ending November 30, 2017, it is reasonably possible that the statute of limitations pertaining to positions taken by the Company in prior year income tax returns may lapse or that income tax audits in various taxing jurisdictions could be finalized. As a result, the total amount of unrecognized income tax benefits may decrease by approximately $1.3 million, which would reduce the provision for income taxes by $1.3 million.

The Company files income tax returns in the United States and multiple foreign jurisdictions with varying statutes of limitations. In the normal course of business, CMC and its subsidiaries are subject to examination by various taxing authorities. The following is a summary of tax years subject to examination:

U.S. Federal — 2012 and forward, with the exception of the R&D credit issue discussed below

U.S. States — 2009 and forward

Foreign — 2009 and forward

During the fiscal year ended August 31, 2016, the Company completed an IRS exam for the years 2009 through 2011 and received confirmation from the United States Congress Joint Committee on Taxation that all matters were settled with the exception of R&D credits, which are still under review. In addition, the Company is under examination by certain state revenue authorities for the years 2009 through 2015. Management believes the Company's recorded income tax liabilities as of November 30, 2016 sufficiently reflect the anticipated outcome of these examinations.