NOTE 12: INCOME TAXES

The effective income tax rates on income were 14.8% and 3.2% for the third quarter and first nine months of fiscal year 2017, respectively, compared to 12.7% and 9.1% for the third quarter and first nine months of fiscal year 2016. A tax benefit of $22.1 million was recorded in the second quarter of fiscal year 2017 for settlement costs of various regulatory authority litigation. A tax benefit of $13.4 million was recorded in the second quarter of fiscal year 2016 for the impairment and write-down of intangible assets. The effective tax rate excluding the regulatory settlement and impairment costs were 17.8% and 13.2% for the first nine months of fiscal years 2017 and 2016, respectively. The tax rates increased in fiscal year 2017 compared to fiscal year 2016 due to an increase in earnings from U.S. operations, which are taxed at a higher rate than income from foreign operations. DeVry Group’s effective income tax rate reflects benefits derived from significant operations outside the U.S. Earnings of these international operations are not subject to U.S. federal or state income taxes, so long as such earnings are not repatriated, as discussed below. Four of DeVry Group’s operating units, AUC, which operates in St. Maarten, RUSM, which operates in Dominica, RUSVM, which operates in St. Kitts, and DeVry Brazil, which operates in Brazil, all benefit from local tax incentives. AUC’s effective tax rate reflects benefits derived from investment incentives. RUSM and RUSVM each have agreements with their respective domestic governments that exempt them from local income taxation. Both of these agreements have been extended to provide, in the case of RUSM, an indefinite period of exemption and, in the case of RUSVM, exemption until 2037. DeVry Brazil’s effective tax rate reflects benefits derived from its participation in PROUNI, a Brazilian program for providing scholarships to a portion of its undergraduate students.

DeVry Group has not recorded a U.S. federal or state tax provision for the undistributed earnings of its international subsidiaries. It is DeVry Group’s intention to indefinitely reinvest accumulated cash balances, future cash flows and post-acquisition undistributed earnings and profits to improve the facilities and operations of its international schools and pursue future opportunities outside the U.S. In accordance with this plan, cash held by the international subsidiaries will not be available for general company purposes, and under current laws, will not be subject to U.S. taxation. As of March 31, 2017, June 30, 2016 and March 31, 2016, cumulative undistributed earnings attributable to international operations were approximately $994 million, $891 million and $861 million, respectively.