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Income taxes
 9 Months Ended
Sep. 30, 2022
Income Tax Disclosure [Abstract]  
Income taxes
8. Income taxes
The Company’s income tax expense (benefit) and the resulting effective tax rate are based upon the estimated annual effective tax rates applicable for the respective period, including losses generated in countries where the Company is projecting annual losses for which deferred tax assets are not anticipated to be recognized, if any.
The Company’s tax provision and the resulting effective tax rate for interim periods is determined based upon its estimated annual effective tax rate, adjusted for the effect of discrete items arising in that quarter. When applicable, the Company also excludes jurisdictions with a projected loss for the year (or year-to-date loss) where the Company cannot or does not expect to recognize a tax benefit from its estimated annual effective tax rate. The impact of such inclusions could result in a higher or lower effective tax rate during a particular quarter, based upon the mix and timing of actual earnings or losses versus annual projections. In each quarter, the Company updates its estimate of the annual effective tax rate, and if the estimated annual tax rate changes, a cumulative adjustment is made in that quarter.
Three months ended September 30,Nine months ended September 30,
(dollars in thousands)2022202120222021
Income tax expense (benefit)$5,960 $(270,228)$6,019 $(280,679)
The Company recorded an income tax expense of $6.0 million for the three months ended September 30, 2022 on pre-tax net income of $23.5 million. The Company’s income tax expense for the three months ended September 30, 2022 was composed of $5.8 million of tax expense incurred on pre-tax income, and discrete items that primarily included $0.1 million of net excess tax benefit for employee stock-based compensation, $0.1 million of tax expense related to the foreign provision to income tax return adjustments, and $0.1 million of tax expense relating to restructuring charges. The Company recorded an income tax expense of $6.0 million for the nine months ended September 30, 2022 on pre-tax net income of $31.8 million. The Company’s income tax expense for the nine months ended September 30, 2022 was composed of $7.7 million of tax expense incurred on pre-tax income, and discrete items that primarily included $1.7 million of net excess tax benefit for employee stock-based compensation, $0.2 million of tax benefit related to the foreign provision to income tax return adjustments, and $0.1 million of tax expense relating to restructuring charges.

For the three months ended September 30, 2021, the Company recorded an income tax benefit of $270.2 million on pre-tax net income of $41.5 million. The Company’s income tax benefit for the three months ended September 30, 2021, was composed of $2.0 million of tax benefit incurred on pre-tax income, and discrete items that primarily included a $262.7 million net tax benefit relating to the release of valuation allowances, $4.7 million of net excess tax benefit for employee stock-based compensation, $0.6 million of tax benefit relating to restructuring charges, and $0.2 million of tax benefit relating to the foreign provision to income tax return adjustments.
The Company recorded an income tax benefit of $280.7 million for the nine months ended September 30, 2021, on a pre-tax net income of $37.9 million. The Company’s income tax benefit for the nine months ended September 30, 2021, was composed of $0.4 million of tax expense incurred on pre-tax income, and discrete items that primarily included a $262.7 million net tax benefit relating to the release of valuation allowances, $12.6 million tax benefit due to the release of a portion of the Company’s uncertain tax positions as a result of a lapse in the statute of limitations in certain jurisdictions, $4.7 million of net excess tax benefit for employee stock-based compensation, $0.6 million of tax benefit relating to restructuring charges, and $0.5 million of tax benefit relating to the foreign provision to income tax return adjustments.
At September 30, 2022 and December 31, 2021, the Company’s gross unrecognized tax benefits were $22.4 million and $21.3 million, respectively. If recognized, $9.4 million of these unrecognized tax benefits (net of United States federal benefit) at September 30, 2022 would reduce income tax expense. The unrecognized tax benefits relate primarily to unresolved matters with taxing authorities regarding the Company’s transfer pricing positions. While it is often difficult to predict the final outcome or the timing of resolution of any particular uncertain tax position, the Company believes that its reserves reflect the more likely outcome. The Company believes, due to statute of limitations expiration, that within the next 12 months, it is possible that up to $0.4 million of uncertain tax
position could be released. It is also reasonably possible that additional uncertain tax positions will be added. It is not reasonably possible at this time to quantify the net effect.