14. Income Taxes

Loss from operations before provision for income taxes was comprised of the following (in thousands):

 

 

 

Year Ended

 

 

Year Ended

 

 

 

January 3, 2026

 

 

December 28, 2024

 

United States

 

$

(5,050

)

 

$

(8,679

)

Foreign

 

 

670

 

 

 

(163

)

Total

 

$

(4,380

)

 

$

(8,842

)

 

The provision for income taxes includes (in thousands):

 

 

 

Year Ended

 

 

Year Ended

 

 

 

January 3, 2026

 

 

December 28, 2024

 

Current:

 

 

 

 

 

 

Federal

 

$

 

 

$

 

State

 

 

6

 

 

 

5

 

Foreign

 

 

50

 

 

 

60

 

 

 

 

56

 

 

 

65

 

Deferred:

 

 

 

 

 

 

Federal

 

 

 

 

 

1

 

State

 

 

1

 

 

 

2

 

 

 

 

1

 

 

 

3

 

Provision for income taxes

 

$

57

 

 

$

68

 

 

The Company’s effective tax rate differs from the statutory federal income tax rate as shown in the following schedule:

 

 

 

Year Ended

 

 

Year Ended

 

 

 

January 3, 2026

 

 

December 28, 2024

 

 

 

Amount

 

 

Percent

 

 

Amount

 

 

Percent

 

Income taxes at statutory federal rate

 

 

(921

)

 

 

21.0

%

 

 

(1,857

)

 

 

21.0

%

State and local taxes, net of federal income tax effect*

 

 

6

 

 

 

(0.1

)%

 

 

7

 

 

 

(0.1

)%

Foreign tax effects

 

 

 

 

 

 

 

 

 

 

 

 

Germany

 

 

 

 

 

 

 

 

 

 

 

 

Change in valuation allowance

 

 

(58

)

 

 

1.3

%

 

 

(10

)

 

 

0.1

%

Other

 

 

43

 

 

 

(1.0

)%

 

 

63

 

 

 

(0.7

)%

Elimination

 

 

(74

)

 

 

1.7

%

 

 

41

 

 

 

(0.5

)%

Effect of cross-border tax laws

 

 

 

 

 

 

 

 

 

 

 

 

Global intangible low-taxed income

 

 

31

 

 

 

(0.7

)%

 

 

41

 

 

 

(0.5

)%

Nontaxable or nondeductible items

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

25

 

 

 

(0.6

)%

 

 

25

 

 

 

(0.2

)%

Stock-based compensation

 

 

(10

)

 

 

0.2

%

 

 

(152

)

 

 

1.7

%

Excess Tax (Benefit) or Deficit on Stock Awards

 

 

202

 

 

 

(4.6

)%

 

 

431

 

 

 

(4.9

)%

Interest and premium related to Convertible Debt

 

 

324

 

 

 

(7.4

)%

 

 

 

 

 

 

Change in valuation allowance

 

 

469

 

 

 

(10.7

)%

 

 

1,461

 

 

 

(16.5

)%

Tax Credits

 

 

 

 

 

 

 

 

 

 

 

(0.6

)%

R&D Credit

 

 

57

 

 

 

(1.3

)%

 

 

54

 

 

 

 

Changes in unrecognized tax benefits

 

 

(23

)

 

 

0.5

%

 

 

(33

)

 

 

0.4

%

Other Adjustments

 

 

 

 

 

 

 

 

 

 

 

 

Other

 

 

(14

)

 

 

0.4

%

 

 

(3

)

 

 

 

Effective tax rate

 

 

57

 

 

 

(1.3

)%

 

 

68

 

 

 

(0.8

)%

 

* State taxes in Texas made up the majority (greater than 50 percent) of the tax effect in this category.

 

The tax effect of temporary differences and carryforwards that give rise to significant portions of the net deferred tax assets are presented below (in thousands):

 

 

 

Year Ended

 

 

Year Ended

 

 

 

January 3, 2026

 

 

December 28, 2024

 

Deferred tax assets:

 

 

 

 

 

 

Net operating losses

 

$

17,300

 

 

$

15,118

 

Research and development credits

 

 

4,314

 

 

 

4,295

 

Accruals and reserves

 

 

1,512

 

 

 

1,562

 

Deferred revenue

 

 

1,951

 

 

 

2,277

 

Property and equipment

 

 

260

 

 

 

240

 

Intangible assets

 

 

249

 

 

 

223

 

Section 174 research and experimental expenditures capitalization

 

 

1,570

 

 

 

2,927

 

Stock compensation

 

 

486

 

 

 

574

 

Other tax credits

 

 

1

 

 

 

1

 

Total deferred tax asset

 

 

27,643

 

 

 

27,217

 

Less: Valuation allowance

 

 

(27,532

)

 

 

(27,114

)

Total deferred tax assets, net

 

 

111

 

 

 

103

 

Deferred tax liabilities:

 

 

 

 

 

 

Goodwill

 

 

(141

)

 

 

(132

)

Total deferred tax liabilities

 

 

(141

)

 

 

(132

)

Net deferred tax liabilities

 

$

(30

)

 

$

(29

)

 

 

The following table presents the income tax paid (net of refunds received) (in thousands):

 

 

 

Year Ended

 

 

Year Ended

 

 

 

January 3, 2026

 

 

December 28, 2024

 

Federal

 

$

 

 

$

 

State

 

 

 

 

 

 

Other

 

 

(22

)

 

 

15

 

Foreign

 

 

 

 

 

 

Total cash paid for income taxes (net of refunds)

 

$

(22

)

 

$

15

 

 

Our accounting for deferred taxes involves the evaluation of a number of factors concerning the realizability of our deferred tax assets. Assessing the realizability of deferred tax assets is dependent upon several factors, including the likelihood and amount, if any, of future taxable income in relevant jurisdictions during the periods in which those temporary differences become deductible. Our management forecasts taxable income by considering all available positive and negative evidence including our history of operating income or losses and our financial plans and estimates which are used to manage the business. These assumptions require significant judgment about future taxable income. The amount of deferred tax assets considered realizable is subject to adjustment in future periods if estimates of future taxable income are reduced.

As of January 3, 2026, based on the Company's recent history of losses and its forecasted losses, management believes on the more likely than not basis that a full valuation allowance is required. Accordingly, in the fourth quarter of fiscal year 2025, the Company provided a full valuation allowance on its federal and state deferred tax assets. The Company's change in valuation allowance form prior year was $419 thousand. As of January 3, 2026, the Company had federal and state net operating loss (“NOL”) carry forwards of $72.5 million and $33.7 million, respectively. The federal NOL and the state NOL will begin to expire in 2032.

The Company has federal and state research credit carry forwards of approximately $2.4 million and $3.9 million, respectively. The federal research credit will begin to expire in 2026 and the state research credit can be carried forward indefinitely. In the event of a change in ownership as defined by IRC sections 382 and 383, the usage of the above mentioned NOL’s and credits may be limited.

The Company accounts for uncertain tax positions in accordance with ASC 740, Income Taxes. ASC 740 seeks to reduce the diversity in practice associated with certain aspects of measurement and recognition in accounting for income taxes. ASC 740 prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax provision that an entity takes or expects to take in a tax return. Additionally, ASC 740 provides guidance on de-recognition, classification, interest and penalties, accounting in interim periods, disclosures, and transition. Under ASC 740, an entity may only recognize or continue to recognize tax positions that meet a "more likely than not" threshold. In accordance with our accounting policy, we recognize accrued interests and penalties related to unrecognized tax benefits as a component of income tax expense. There is no accrued interest and penalty during the year ended January 3, 2026.

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

 

 

 

Year Ended

 

 

Year Ended

 

 

 

January 3, 2026

 

 

December 28, 2024

 

Balance at the beginning of the year

 

$

1,432

 

 

$

1,436

 

Additions based upon tax positions related to the current year

 

 

17

 

 

 

37

 

Reductions based upon tax positions related to the prior year

 

 

(23

)

 

 

(41

)

Balance at the end of the year

 

$

1,426

 

 

$

1,432

 

 

If the ending balance of $1.4 million of unrecognized tax benefits as of January 3, 2026 were recognized, $0 of the recognition would affect the income tax rate. The unrecognized tax benefits may change during the next year for items that arise in the ordinary course of business.

The Company files U.S. federal and various state returns. Tax years generated loss remain open, none of which have individual significance.

Historical Timeline

Fiscal YearFiled
2026Apr 2, 2026Showing above
2024Mar 27, 2025
2023Mar 29, 2024
2022Mar 9, 2023
2021Mar 23, 2021
2019Mar 13, 2020
2018Mar 29, 2019
2017Mar 14, 2018
2016Mar 15, 2017

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.