Note 12 - Income Taxes

 

We are subject to federal and state income tax as well as income tax in the various foreign jurisdictions in which we operate.

 

The domestic and foreign components of Income before income taxes were as follows:

 

  

Year Ended

 
  

January 3,

  

December 28,

  

December 30,

 

(In thousands)

 

2026

  

2024

  

2023

 

Domestic

 $(1,792) $2,595  $55,069 

Foreign

  15,169   33,634   159,787 

Income before taxes

 $13,377  $36,229  $214,856 

 

The components of Income tax expense (benefit) are as follows:

 

  

Year Ended

 
  

January 3,

  

December 28,

  

December 30,

 

(In thousands)

 

2026

  

2024

  

2023

 

Current:

            

Federal

 $2,317  $(15,866) $10,331 

State

  (10)  460   1,059 

Foreign

  2,799   2,573   3,019 
   5,106   (12,833)  14,409 

Deferred:

            

Federal

  4,912   (7,530)  (56,323)

State

         

Foreign

  275   (4,539)  (2,291)
   5,187   (12,069)  (58,614)

Income tax expense (benefit)

 $10,293  $(24,902) $(44,205)

 

In December 2023, the FASB issued ASU 2023-09, Income Taxes (Topic 740) Improvements to Income Tax Disclosures, which require greater disaggregation of income tax disclosures around the effective rate reconciliation. The guidance in this update is effective for fiscal years beginning after December 15, 2024, and the Company adopted it prospectively for the year ended January 3, 2026. Income tax expense (benefit) for the year ended January 3, 2026 differs from the amount of income tax determined by applying the applicable U.S. statutory federal income tax rate to pretax income as a result of the following differences:

 

  Year Ended 
  

January 3, 2026

 

(In thousands)

 

Amount

  %

U.S Federal Statutory Tax Rate

 $2,809   21.0 

State Income Taxes, Net of Federal Benefit*

  (4)   

Foreign Tax Effects

        

Bermuda

        

Statutory tax rate difference between Bermuda and United States

  (360)  (2.7)

Taiwan

        

Withholding tax

  1,239   9.3 

Canada

        

Research and Development tax credits

  (226)  (1.7)

Stock-based payment awards

  683   5.1 

Other

  (142)  (1.1)

Other

  570   4.1 

Effects of Changes in Tax Law

      

Nontaxable or Nondeductible Items

        

Stock-based compensation

  15,271   114.2 

Other

  132   1.0 

Effects of Cross Border Tax Effects

        

Global Intangible low-taxed income

  (196)  (1.5)

Foreign-Derived Intangible Income

  (2,243)  (16.8)

Subpart F Income

  1,027   7.7 

Tax Credits

        

R&D Credits

  (2,400)  (17.9)

Foreign Tax Credits

  (7,180)  (53.7)

Change in Valuation Allowance

  627   4.7 

Changes in Unrecognized Tax Benefits

  (6)   

Other

  692   5.2 
         

Effective Tax Rate

 $10,293   76.9 

 

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

 

The increase in provision for income taxes in fiscal year 2025 compared to fiscal year 2024 was primarily due to nondeductible stock compensation and the recognition of uncertain tax benefits in the previous year.

 

As previously disclosed for the years ended December 28, 2024 and December 30, 2023, prior to the adoption of ASU 2023-09, income tax expense (benefit) differs from the amount of income tax determined by applying the applicable U.S. statutory federal income tax rate to pretax income as a result of the following differences:

 

  

Year Ended

  

December 28,

 

December 30,

  

2024

 

2023

  

%

 

%

Statutory federal rate

 

21

 

21

Adjustments for tax effects of:

    

State taxes, net

 

(8)

 

(1)

Federal tax credits

 

(16)

 

(4)

Stock-based compensation

 

9

 

(2)

Foreign rate differential

 

(25)

 

(15)

U.S. tax on foreign operations

 

18

 

9

Valuation allowance

 

10

 

(29)

Change in uncertain tax benefit accrual

 

(75)

 

Other

 

(3)

 

Effective income tax rate

 

(69)

 

(21)

 

The decrease in benefit for income taxes in fiscal year 2024 compared to fiscal year 2023 was primarily due to the release of the US federal valuation allowance in fiscal year 2023 and the recognition of uncertain tax benefits in fiscal year 2024.

 

On July 4, 2025, the United States enacted tax legislation (the “Tax Act”). The Tax Act includes significant provisions, such as the permanent extension of certain expiring provisions of The 2017 Tax Cuts and Jobs Act, modifications to the international tax framework and the restoration of favorable tax treatment for certain business provisions. The legislation has multiple effective dates with certain provisions effective in 2025. The impacts of provisions effective in 2025 have been incorporated into the income tax provision in fiscal 2025 and did not have a material impact on our effective tax rate.

 

We updated our evaluation of the valuation allowance position in the United States through January 3, 2026 and concluded that we should continue to maintain a full valuation allowance against our state deferred tax assets due to insufficient income sources. We will continue to evaluate both positive and negative evidence in future periods to determine if we will realize the deferred tax assets. The amount of the deferred tax asset considered realizable could be adjusted if sufficient positive evidence exists. We don't have a valuation allowance on a significant portion of our U.S. Federal deferred tax assets or in any foreign jurisdictions as we have concluded that it is more likely than not that we will realize the net deferred tax assets in the future periods.

 

The components of our net deferred tax assets and liabilities are as follows:

 

(In thousands)

 January 3, 2026  December 28, 2024 

Deferred tax assets:

        

Net operating loss carry forwards

 $12,291  $13,332 

Tax credit carry forwards

  104,199   100,820 

Accrued liabilities and reserves

  25,136   26,638 

Stock-based and deferred compensation

  3,107   2,238 

Lease liability

  8,106   3,831 

Other

  3,467   5,483 

Total deferred tax assets

  156,306   152,342 

Less: valuation allowance

  (86,268)  (82,684)

Net deferred tax assets

  70,038   69,658 

Deferred tax liabilities:

        

Unremitted earnings

  1,568   720 

Right of use asset

  7,596   3,486 

Other

  1,469   826 

Total deferred tax liabilities

  10,633   5,032 

Net deferred taxes

 $59,405  $64,626 
         

Reported as:

        

Deferred tax assets

 $62,675  $66,980 

Deferred tax liabilities (included in Other long-term liabilities)

  (3,270)  (2,354)

Net deferred taxes

 $59,405  $64,626 

 

The following table displays the activity related to changes in our valuation allowance for deferred tax assets:

 

Fiscal Years Ended

 

Balance at beginning

  

Charged (Credit) to costs and

  

Charged (credit) to other

  

Balance at end of

 

(In thousands)

 of period  expenses  accounts  period 

January 3, 2026

 $82,684  $3,584  $  $86,268 

December 28, 2024

 $79,100  $3,584  $  $82,684 

December 30, 2023

 $140,533  $(61,433) $  $79,100 

 

As of  January 3, 2026, we had U.S. federal net operating loss ("NOL") carryforwards (pretax) of approximately $5.7 million which will expire between 2027 and 2031. We had state NOL carryforwards (pretax) of approximately $125.5 million that substantially all expire at various dates from 2026 through 2044. We also had federal credit carryforwards of $47.4 million that expire at various dates from 2036 through 2045, and $88.2 million state credit carryforwards of which substantially all do not expire.

 

Future utilization of federal and state net operating losses and tax credit carryforwards may be limited if cumulative changes to ownership exceed 50% within any three-year period, which has not occurred through fiscal 2025. However, if there is a significant change in ownership, future tax attribute utilization may be limited and NOL carryforwards and/or R&D credits will be reduced to reflect the limitation.

 

At January 3, 2026 and December 28, 2024, our unrecognized tax benefits associated with uncertain tax positions were $30.1 million, and $29.3 million, respectively, of which $27.0 million and $26.3 million, respectively, if recognized, would affect the effective tax rate, subject to valuation allowance. As of January 3, 2026 and December 28, 2024, interest and penalties associated with unrecognized tax benefits were $0.3 million and $0.4 million, respectively, which are not reflected in the table below. We accrue interest and penalties related to uncertain tax positions in Income tax expense.

 

The following table summarizes the changes to unrecognized tax benefits for the fiscal years presented:

 

  

(In thousands)

 

Balance at January 1, 2023

 $58,889 

Additions based on tax positions related to the current year

  2,247 

Additions based on tax positions of prior years

  1,128 

Reductions for tax positions of prior years

  (156)

Reduction as a result of lapse of applicable statute of limitations

  (696)

Balance at December 30, 2023

  61,412 

Additions based on tax positions related to the current year

  3,362 

Additions based on tax positions of prior years

  552 

Reductions for tax positions of prior years

   

Reduction as a result of lapse of applicable statute of limitations

  (36,028)

Balance at December 28, 2024

  29,298 

Additions based on tax positions related to the current year

  1,083 

Additions based on tax positions of prior years

  113 

Reductions for tax positions of prior years

   

Reduction as a result of lapse of applicable statute of limitations

  (440)

Balance at January 3, 2026

 $30,054 

 

Our liability for uncertain tax positions (including penalties and interest) was $2.1 million and $2.5 million at  January 3, 2026 and December 28, 2024, respectively, and is recorded as a component of Other long-term liabilities on our Consolidated Balance Sheets.

 

The years that remain subject to examination are 2022 for federal income taxes, 2021 for state income taxes, and 2020 for foreign income taxes, including years ending thereafter. However, to the extent allowed by law, the tax authorities may have the right to examine prior periods where net operating losses or tax credits were generated and carried forward, and make adjustments up to the amount of the net operating losses or credit carryforward amount.

 

Cash Taxes Paid

 
The Company adopted ASU 2023- 09, Income Taxes (Topic 740) prospectively for the year ended January 3, 2026 and included the following table as a result of our adoption, which presents Income taxes paid, net of refunds, as follows:

 

  

Year Ended

 
  

January 3,

  

December 28,

  

December 30,

 

(In thousands)

 

2026

  

2024

  

2023

 

Federal

 $3,006  $2,113  $9,780 

State:

            

Minnesota

     574    

Oregon

  459   730    

Other

  (26)  113   1,299 

Total State

  433   1,417   1,299 

Foreign:

            

Canada

  (1,035)      

China

  703   1,432    

Netherlands

     439    

Singapore

  1,218   1,666   1,624 

Taiwan

  1,996      1,372 

Other

  1,447   1,520   1,679 

Total Foreign

  4,329   5,057   4,675 

Income taxes paid, net of refunds

 $7,768  $8,587  $15,754 

 

Historical Timeline

Fiscal YearFiled
2026Feb 13, 2026Showing above
2024Feb 14, 2025
2023Feb 16, 2024
2022Feb 23, 2022
2021Feb 26, 2021
2019Feb 24, 2020

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.