11. Income Taxes

Income before income tax expense (in thousands):

 

 

 

Fiscal Year

 

 

 

2025

 

 

2024

 

 

2023

 

United States

 

$

47,233

 

 

$

8,265

 

 

$

10,100

 

Total income before income taxes

 

$

47,233

 

 

$

8,265

 

 

$

10,100

 

 

 

 

 

 

 

 

 

 

 

 

Income tax benefit consists of the following (in thousands):

 

 

 

Fiscal Year

 

 

 

2025

 

 

2024

 

 

2023

 

Current:

 

 

 

 

 

 

 

 

 

Federal

 

$

1,085

 

 

$

2,780

 

 

$

1,378

 

State

 

 

2,322

 

 

 

969

 

 

 

897

 

 

 

 

3,407

 

 

 

3,749

 

 

 

2,275

 

Deferred:

 

 

 

 

 

 

 

 

 

Federal

 

 

(5,167

)

 

 

(10,891

)

 

 

(11,344

)

State

 

 

185

 

 

 

(1,280

)

 

 

(491

)

 

 

 

(4,982

)

 

 

(12,171

)

 

 

(11,835

)

 

 

 

 

 

 

 

 

 

 

Income tax benefit

 

$

(1,575

)

 

$

(8,422

)

 

$

(9,560

)

 

The provision for income taxes differs from the amount that would result from applying the federal statutory rate as follows (dollar amounts in thousands):

 

 

 

Fiscal Year

 

 

 

2025

 

 

2024

 

 

2023

 

Income tax at statutory rates

 

$

9,919

 

 

21.0

%

 

$

1,739

 

 

21.0

%

 

$

2,121

 

 

21.0

%

State income taxes, net of federal benefit (1)

 

 

2,168

 

 

4.6

 

 

 

458

 

 

5.5

 

 

 

583

 

 

5.8

 

Permanent differences

 

 

(427

)

 

(0.9

)

 

 

875

 

 

10.6

 

 

 

776

 

 

7.7

 

Income tax credits (2)

 

 

(12,547

)

 

(26.5

)

 

 

(12,186

)

 

(147.1

)

 

 

(11,910

)

 

(117.9

)

Return to provision

 

 

49

 

 

0.1

 

 

 

35

 

 

0.4

 

 

 

90

 

 

0.9

 

Stock warrant extension

 

 

 

 

 

 

 

971

 

 

11.7

 

 

 

 

 

 

Prior year tax credit true-up

 

 

(30

)

 

(0.1

)

 

 

357

 

 

4.3

 

 

 

(649

)

 

(6.4

)

Change in unrecognized tax benefit

 

 

(127

)

 

(0.3

)

 

 

(14

)

 

(0.2

)

 

 

(237

)

 

(2.3

)

Change in valuation allowance

 

 

(186

)

 

(0.4

)

 

 

(703

)

 

(8.5

)

 

 

(262

)

 

(2.6

)

Other, net

 

 

(394

)

 

(0.8

)

 

 

46

 

 

0.4

 

 

 

(72

)

 

(0.9

)

 

 

$

(1,575

)

 

(3.3

)%

 

$

(8,422

)

 

(101.9

)%

 

$

(9,560

)

 

(94.7

)%

 

(1)
State taxes in California made up the majority (greater than 50%) of the tax effect in this category for all years presented.
(2)
The FICA tax tip credit benefit made up the majority (greater than 90%) for all periods presented.

 

Income taxes paid consisted of the following (in thousands):

 

 

 

 

Fiscal Year

 

 

 

2025

 

 

2024

 

 

2023

 

U.S. Federal

 

$

3,100

 

 

$

2,027

 

 

$

(4

)

State

 

 

 

 

 

 

 

 

 

California

 

 

950

 

 

 

496

 

 

 

(1,200

)

Texas

 

 

140

 

 

 

429

 

 

 

355

 

Virginia

 

 

 

 

 

(10

)

 

 

37

 

Other

 

 

559

 

 

 

383

 

 

 

83

 

State subtotal

 

 

1,649

 

 

 

1,298

 

 

 

(725

)

 

 

 

 

 

 

 

 

 

 

Total cash paid for income taxes (net of refunds)

 

$

4,749

 

 

$

3,325

 

 

$

(729

)

 

The components of the deferred income tax asset (liability) consist of the following (in thousands):

 

 

 

December 30, 2025

 

 

December 31, 2024

 

Deferred income tax asset:

 

 

 

 

 

 

Accrued expenses

 

$

12,251

 

 

$

12,526

 

Other

 

 

4,518

 

 

 

8,436

 

Deferred revenues

 

 

 

 

 

23

 

Gift cards

 

 

1,223

 

 

 

1,128

 

Stock-based compensation

 

 

4,245

 

 

 

3,667

 

Operating lease liability

 

 

104,620

 

 

 

111,254

 

Income tax credits

 

 

86,933

 

 

 

74,826

 

Net operating losses

 

 

4,263

 

 

 

4,831

 

State tax

 

 

496

 

 

 

358

 

Gross deferred income tax asset

 

 

218,549

 

 

 

217,049

 

Valuation allowance

 

 

 

 

 

(186

)

Deferred income tax asset, net of valuation allowance

 

 

218,549

 

 

 

216,863

 

 

 

 

 

 

 

 

Deferred income tax liability:

 

 

 

 

Property and equipment

 

 

(53,754

)

 

 

(51,516

)

Intangible assets

 

 

(2,821

)

 

 

(2,807

)

Operating lease assets

 

 

(89,943

)

 

 

(96,255

)

Smallwares

 

 

(4,731

)

 

 

(3,967

)

Deferred income tax liability

 

 

(151,249

)

 

 

(154,545

)

Net deferred income tax asset

 

$

67,300

 

 

$

62,318

 

At December 30, 2025, we had federal and state income tax credit carryforwards of approximately $87.1 million and $0.1 million, respectively, consisting primarily of the credit for FICA taxes paid on reported team member tip income. The FICA tax credits will begin to expire in 2039.

At December 30, 2025, we have state and city net operating loss carryforwards of $90.5 million with statutory carryforward periods ranging from 5 years to 20 years. The earliest year that a material state net operating loss will expire is 2027.

We have completed an analysis of our ability to use our federal and state tax credit and net operating loss carry forwards. As of December 30, 2025, we have determined that no valuation allowance is required against federal tax credit carryforwards or against certain state net operating loss and tax credit carryforwards. As of December 31, 2024, we determined that no valuation allowance is required against federal tax credit carryforwards; however, we recorded a $0.2 million valuation allowance against certain state net operating loss and tax credit carryforwards, net of the federal benefit which were not more likely than not to be realized prior to expiration.

Changes in valuation allowance were as follows (in thousands):

 

 

 

Fiscal Year

 

 

 

2025

 

 

2024

 

 

2023

 

Valuation allowance beginning of the year

 

$

186

 

 

$

889

 

 

$

1,151

 

Allowances taken or written off

 

 

(186

)

 

 

(703

)

 

 

(262

)

Valuation allowance end of the year

 

$

 

 

$

186

 

 

$

889

 

We recognize interest and penalties related to uncertain tax positions in income tax expense. At December 30, 2025 and December 31, 2024, we had accrued $0.1 million for interest and penalties with respect to uncertain tax positions.

As of December 30, 2025, unrecognized tax benefits recorded was approximately $0.8 million, of which approximately $0.8 million, if reversed would impact our effective tax rate. We anticipate no change in our liability for unrecognized tax benefits within the next twelve-month period.

A reconciliation of the beginning and ending amount of unrecognized tax benefits is as follows (in thousands):

 

 

 

Fiscal Year

 

 

 

2025

 

 

2024

 

 

2023

 

Gross unrecognized tax benefits at beginning of year

 

$

874

 

 

$

967

 

 

$

1,249

 

Increases for tax positions taken in prior years

 

 

 

 

 

29

 

 

 

102

 

Decreases for tax positions taken in prior years

 

 

(46

)

 

 

 

 

 

 

Increases for tax positions taken in the current year

 

 

89

 

 

 

134

 

 

 

104

 

Lapse in statute of limitations

 

 

(123

)

 

 

(256

)

 

 

(488

)

Gross unrecognized tax benefits at end of year

 

$

794

 

 

$

874

 

 

$

967

 

Our uncertain tax positions are related to tax years that remain subject to examination by tax agencies. As of December 30, 2025, the earliest tax year still subject to examination by the Internal Revenue Service is 2022. The earliest year still subject to examination by a significant state or local taxing authority is 2021.

Historical Timeline

Fiscal YearFiled
2025Mar 2, 2026Showing above
2024Feb 26, 2025
2023Feb 28, 2023
2021Feb 25, 2022

About Income Taxes Disclosures

The income tax disclosure reveals how much a company actually pays in taxes versus what the statutory rate would predict. Analysts focus on the effective tax rate (ETR) reconciliation, which breaks down every item driving the gap between the 21% federal rate and the company's reported ETR — including R&D credits, foreign rate differentials, and state taxes. Deferred tax assets (DTAs) and their valuation allowances signal management's confidence in future profitability: a rising allowance suggests the company doubts it can use accumulated tax benefits. Uncertain tax benefit (UTB) reserves quantify exposure to IRS challenges on aggressive positions.

Key signals to watch: sudden ETR drops without clear operational reasons, large increases in valuation allowances, growing UTB balances, and significant unremitted foreign earnings. Post-TCJA, pay attention to GILTI and BEAT provisions that affect multinational tax structures. Compare the cash taxes paid (from the cash flow statement) against the income tax provision to gauge earnings quality.