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Income Taxes
3 Months Ended
Dec. 30, 2012
Income Taxes

(10) Income Taxes

For the three months ended December 30, 2012 and January 1, 2012, the Company’s effective tax rates of 48.6% and 46.5%, respectively, were higher than the United States Federal statutory rate of 35%, primarily as a result of (i) pretax losses in the United States and some foreign jurisdictions for which the Company concluded that the tax benefits are not more-likely-than-not realizable, (ii) deferred income tax expense due to changes in the tax bases of indefinite lived intangibles that are amortized for tax purposes, but not for book purposes, and (iii) tax expense on income in certain other foreign jurisdictions that will not be creditable in the United States. Partially offsetting these factors in the three months ended December 30, 2012 and January 1, 2012 were the releases of U.S. valuation allowances of $45.9 and $13.9, respectively, on deferred tax assets that Spectrum Brands has determined are more-likely-than-not realizable as a result of recent acquisitions. Net operating loss (“NOL”) and tax credit carryforwards of HGI and Spectrum Brands are subject to full valuation allowances and those of FGL are subject to partial valuation allowances, as the Company concluded all or a portion of the associated tax benefits are not more-likely-than-not realizable. Utilization of NOL and other tax credit carryforwards of HGI, Spectrum Brands and FGL are subject to limitations under Internal Revenue Code (“IRC”) Sections 382 and 383. Such limitations result from ownership changes of more than 50 percentage points over a three-year period.

The Company recognizes in its consolidated financial statements the impact of a tax position if it concludes that the position is more likely than not sustainable upon audit, based on the technical merits of the position. At December 30, 2012 and September 30, 2012, the Company had $5.5 and $5.9, respectively, of unrecognized tax benefits related to uncertain tax positions. The Company also had approximately $3.4 and $3.6, respectively, of accrued interest and penalties related to the uncertain tax positions at those dates. Interest and penalties related to uncertain tax positions are reported in the financial statements as part of income tax expense. As of December 30, 2012, certain of the Company’s legal entities in various jurisdictions are undergoing income tax audits. The Company cannot predict the ultimate outcome of the examinations; however, it is reasonably possible that during the next 12 months some portion of previously unrecognized tax benefits could be recognized.