INCOME TAXES
The domestic and foreign income from operations before taxes were as follows (in thousands):
| | | | | | | | | | | | | | | | | |
| Fiscal Years |
| 2025 | | 2024 | | 2023 |
| United States | $ | (37,245) | | | $ | 58,090 | | | $ | 82,297 | |
| Foreign | 8,220 | | | 33,436 | | | 32,861 | |
| Income from operations before income taxes | $ | (29,025) | | | $ | 91,526 | | | $ | 115,158 | |
The components of the provision (benefit) for income taxes are as follows (in thousands):
| | | | | | | | | | | | | | | | | |
| Fiscal Years |
| 2025 | | 2024 | | 2023 |
| Current: | | | | | |
| Federal | $ | 15,372 | | | $ | 4,530 | | | $ | 80 | |
| State | 794 | | | 1,588 | | | 781 | |
| Foreign | 4,524 | | | 3,710 | | | 2,570 | |
| Current provision | 20,690 | | | 9,828 | | | 3,431 | |
| Deferred: | | | | | |
| Federal | (334) | | | 11,165 | | | 30,608 | |
| State | (3,698) | | | (1,417) | | | (405) | |
| Foreign | (1,603) | | | (1,294) | | | 1,998 | |
| Change in valuation allowance | 10,130 | | | (3,615) | | | (12,051) | |
| Deferred provision (benefit) | 4,495 | | | 4,839 | | | 20,150 | |
| Total provision (benefit) | $ | 25,185 | | | $ | 14,667 | | | $ | 23,581 | |
We recognize deferred tax assets to the extent that we believe that these assets are more likely than not to be realized. In making this determination, we consider available positive and negative evidence and factors that may impact the valuation of our deferred tax asset including results of recent operations, future reversals of existing taxable temporary differences, projected future taxable income, and tax-planning strategies. During the year ended September 29, 2023, based upon an increase in our estimated future taxable income, we reduced our partial valuation allowance by $12.1 million, primarily related to California NOL and tax credit carryforwards resulting in a benefit from income taxes. During the fiscal year ended September 27, 2024, we reassessed the valuation allowance related to certain state NOLs as a result of the deferral and extension of the California NOL carryforward period. This resulted in a benefit from income taxes of $3.6 million. During the fiscal year ended October 3, 2025, we increased our valuation allowance by $10.1 million. This increase primarily relates to the assessment that certain foreign NOLs were not recoverable, resulting in an allowance of $9.2 million, as well as refinements to the estimate of future California taxable income.
Our effective tax rates differ from the federal and statutory rate as follows:
| | | | | | | | | | | | | | | | | |
| Fiscal Years |
| 2025 | | 2024 | | 2023 |
| Federal statutory rate | 21.0% | | 21.0% | | 21.0% |
| Debt exchange | (139.2) | | — | | — |
Benefit from income taxes attributable to valuation allowances | (35.6) | | (4.0) | | (10.6) |
| Global intangible low taxed income | (37.7) | | 12.7 | | 15.7 |
| Foreign-derived intangible income deduction | 35.7 | | (4.5) | | — |
| Research and development credits | 45.0 | | (9.4) | | (4.8) |
| | | | | |
| Foreign rate differential | 14.2 | | (4.5) | | (2.8) |
| Share-based compensation | 7.8 | | 0.1 | | (1.3) |
| Provision to return adjustments | 15.5 | | 0.2 | | 0.8 |
| State taxes net of federal benefit | (9.8) | | 3.0 | | 2.2 |
| | | | | |
| | | | | |
| | | | | |
| | | | | |
| Other permanent differences | (3.7) | | 1.4 | | 0.3 |
| Effective income tax rate | (86.8)% | | 16.0% | | 20.5% |
For fiscal year 2025, the effective tax rate on $29.0 million of pre-tax loss from continuing operations was (86.8)%. For fiscal years 2024 and 2023, the effective tax rates on $91.5 million and $115.2 million, respectively, of pre-tax income from continuing operations were 16.0% and 20.5%, respectively. The effective income tax rates for fiscal years 2025, 2024 and 2023 were primarily impacted by a lower income tax rate in many foreign jurisdictions in which our foreign subsidiaries operate, changes in valuation allowance, research and development tax credits and the inclusion of Global Intangible Low Taxed Income. The effective tax rate of fiscal year 2025 was also impacted by non-deductible losses on debt exchange.
Deferred income taxes reflect the net effect of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and amounts used for income tax purposes. The components of our deferred tax assets and liabilities are as follows (in thousands):
| | | | | | | | | | | |
| October 3, 2025 | | September 27, 2024 |
| Deferred tax assets: | | | |
| Net operating loss and credit carryforward | $ | 127,854 | | | $ | 151,397 | |
| Intangible assets | 25,761 | | | 27,022 | |
| Section 174 R&D Cost Capitalization | 51,417 | | | 35,465 | |
| Accrued expenses | 29,066 | | | 20,309 | |
| Lease obligations | 20,820 | | | 13,791 | |
| Minority equity investments | 566 | | | 576 | |
| | | |
| | | |
| Gross deferred tax asset | 255,484 | | | 248,560 | |
| Less valuation allowance | (25,168) | | | (15,038) | |
| Deferred tax asset, net of valuation allowance | 230,316 | | | 233,522 | |
| | | |
| Deferred tax liabilities: | | | |
| Right of use lease asset | (21,066) | | | (14,507) | |
| Property and equipment | (1,251) | | | (6,520) | |
| Deferred tax liabilities | (22,317) | | | (21,027) | |
| Net deferred tax asset | $ | 207,999 | | | $ | 212,495 | |
As of October 3, 2025, we had $50.6 million of tax-effected federal NOL carryforwards, primarily related to acquisitions made in prior fiscal years. The federal NOL carryforwards will expire at various dates through 2038 for losses generated prior to the tax period ended September 27, 2019. For losses generated during the tax period ended September 27, 2019 and future years, the NOL carryforward period is indefinite but the loss utilization will be limited to 80% of taxable income. The reported NOL carryforward includes any limitation under Sections 382 and 383 of the Internal Revenue Code (“IRC”) of 1986, as amended, which applies to an ownership change as defined under Section 382.
As of October 3, 2025, we had $33.6 million tax-effected state NOL carryforwards which will expire starting in fiscal year 2029 through fiscal year 2044, and $6.3 million in Canadian deferred tax assets, offset primarily by a partial valuation allowance of $9.7 million and $5.8 million related to U.S. state NOL carryforwards and Canadian tax credits, respectively. As of October 3, 2025, we had federal R&D tax credit carryforwards of $8.9 million and state R&D tax credit carryforwards of $25.2 million. Federal and state credits will expire starting in fiscal year 2025 through fiscal year 2045. We also have R&D tax credit carryforwards of $19.2 million that have an indefinite life.
IRC Section 174 R&D amortization rules, amended as part of the Tax Cuts and Jobs Act of 2017, require capitalization and amortization of all R&D costs incurred in tax years beginning after December 31, 2021. This change was effective for the Company beginning in fiscal year 2023. Capitalized costs relating to R&D performed within the U.S. are to be amortized over five years. Costs relating to R&D performed outside the U.S. are to be amortized over 15 years. As of October 3, 2025 and September 27, 2024, the deferred tax asset related to IRC Section 174 was $51.4 million and $35.5 million, respectively.
The liability for unrecognized tax benefits was zero as of October 3, 2025, September 27, 2024 and September 29, 2023, respectively, and for the fiscal years then ended, we reported no change in unrecognized tax benefits.
A summary of the fiscal tax years that remain subject to examination, as of October 3, 2025, for the Company’s significant tax jurisdictions are:
| | | | | |
| Jurisdiction | Fiscal Years Subject to Examination |
United States—federal | Fiscal Year 2022- forward |
United States—various states | Fiscal Year 2021 - forward |
Ireland | Fiscal Year 2021 - forward |
We are no longer subject to federal income tax examinations for fiscal years before 2022, except to the extent of loss and tax credit carryforwards from those years.