Note 10 — Income Taxes

Provision (benefit) for Income Taxes

Income (loss) from continuing operations before provision (benefit) for income taxes was as follows (in thousands):

 

 

 

Years Ended

 

 

 

2025

 

 

2024

 

 

2023

 

Domestic

 

$

(63,737

)

 

$

(52,859

)

 

$

(46,388

)

Foreign

 

 

(18,526

)

 

 

43,807

 

 

 

80,084

 

Income (loss) before income taxes

 

$

(82,263

)

 

$

(9,052

)

 

$

33,696

 

The provision (benefit) for income taxes consisted of the following (in thousands):

 

 

 

Years Ended

 

 

 

2025

 

 

2024

 

 

2023

 

Current tax provision:

 

 

 

 

 

 

 

 

 

U.S. federal

 

$

 

 

$

 

 

$

 

State

 

 

22

 

 

 

27

 

 

 

21

 

Foreign

 

 

1,079

 

 

 

7,539

 

 

 

9,064

 

Total current provision

 

 

1,101

 

 

 

7,566

 

 

 

9,085

 

Deferred tax provision (benefit):

 

 

 

 

 

 

 

 

 

U.S. federal

 

 

 

 

 

3,738

 

 

 

3,306

 

State

 

 

 

 

 

137

 

 

 

12

 

Foreign

 

 

(2,916

)

 

 

(285

)

 

 

(54

)

Total deferred provision (benefit)

 

 

(2,916

)

 

 

3,590

 

 

 

3,264

 

Provision (benefit) for income taxes

 

$

(1,815

)

 

$

11,156

 

 

$

12,349

 

A reconciliation of the statutory U.S. federal tax rate to the Company’s effective tax rate after the adoption of ASU 2023-09 was as follows (dollars in thousands):

 

 

 

Year Ended

 

 

 

2025

 

 

 

Amount

 

 

Percent

 

US federal statutory tax rate

 

$

(17,275

)

 

 

21.0

%

State and local income taxes, net of federal income tax effect(1)

 

 

22

 

 

 

0.0

%

Foreign tax effects

 

 

 

 

 

 

Switzerland

 

 

 

 

 

 

Statutory tax rate difference between Switzerland and United States

 

 

1,898

 

 

 

(2.3

)%

Other

 

 

331

 

 

 

(0.4

)%

Other foreign jurisdictions

 

 

460

 

 

 

(0.6

)%

Effect of changes in tax laws or rates enacted in the current period

 

 

 

 

 

0.0

%

Effect of cross-border tax laws

 

 

587

 

 

 

(0.7

)%

Tax credits

 

 

62

 

 

 

(0.1

)%

Changes in valuation allowances

 

 

7,334

 

 

 

(8.9

)%

Nontaxable or nondeductible items

 

 

 

 

 

 

Equity compensation

 

 

5,259

 

 

 

(6.4

)%

Other

 

 

153

 

 

 

(0.2

)%

Changes in unrecognized tax benefits

 

 

(633

)

 

 

0.8

%

Other adjustments

 

 

(13

)

 

 

0.0

%

Effective tax rate

 

$

(1,815

)

 

 

2.2

%

 

(1)
State taxes in California and Illinois made up the majority (greater than 50 percent) of the tax effect in this category.

Note 10 — Income Taxes (Continued)

Provision for Income Taxes (Continued)

A reconciliation of the statutory U.S. federal tax rate to the Company’s effective tax rate before the adoption of ASU 2023-09 was as follows (dollars in thousands):

 

 

 

Years Ended

 

 

 

2024

 

 

2023

 

 

 

Amount

 

 

Percent

 

 

Amount

 

 

Percent

 

US federal statutory tax rate

 

$

(1,901

)

 

 

21.0

%

 

$

7,076

 

 

 

21.0

%

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

 

 

(330

)

 

 

3.6

%

 

 

440

 

 

 

1.3

%

Equity compensation

 

 

2,237

 

 

 

(24.7

)%

 

 

1,035

 

 

 

3.1

%

Foreign rate differential

 

 

(3,902

)

 

 

43.1

%

 

 

(7,611

)

 

 

(22.6

)%

Foreign income inclusion

 

 

9,659

 

 

 

(106.7

)%

 

 

16,922

 

 

 

50.2

%

Changes in valuation allowance

 

 

4,060

 

 

 

(44.9

)%

 

 

(4,233

)

 

 

(12.6

)%

Tax credits

 

 

(277

)

 

 

3.1

%

 

 

(930

)

 

 

(2.8

)%

Return to provision adjustment

 

 

100

 

 

 

(1.1

)%

 

 

(284

)

 

 

(0.8

)%

Changes in unrecognized tax benefits

 

 

1,450

 

 

 

(16.0

)%

 

 

 

 

 

0.0

%

Non-deductible expenses

 

 

163

 

 

 

(1.8

)%

 

 

134

 

 

 

0.4

%

Other

 

 

(103

)

 

 

1.2

%

 

 

(200

)

 

 

(0.6

)%

Total income tax expense

 

$

11,156

 

 

 

(123.2

)%

 

$

12,349

 

 

 

36.6

%

The Company has elected to recognize U.S. taxes on GILTI as a period expense in the year the tax is incurred.

Deferred Tax Assets and Liabilities

Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts used for income tax purposes. Significant components of the Company’s deferred tax assets (liabilities) were as follows (in thousands):

 

 

 

2025

 

 

2024

 

Deferred tax assets:

 

 

 

 

 

 

Accrued expenses

 

$

3,185

 

 

$

1,230

 

Stock-based compensation

 

 

5,271

 

 

 

6,103

 

Operating lease liability

 

 

6,439

 

 

 

6,466

 

Net operating loss and other credit carryforwards

 

 

50,662

 

 

 

44,083

 

Other deferred tax assets

 

 

2,305

 

 

 

2,776

 

Gross deferred tax assets

 

 

67,862

 

 

 

60,658

 

Valuation allowance

 

 

(54,556

)

 

 

(46,804

)

Total deferred tax assets

 

$

13,306

 

 

$

13,854

 

Deferred tax liabilities:

 

 

 

 

 

 

Property, plant, equipment and intangibles

 

$

(4,666

)

 

$

(5,976

)

Operating lease ROU assets

 

 

(4,706

)

 

 

(6,066

)

Foreign taxes

 

 

(569

)

 

 

(1,321

)

Total deferred tax liabilities

 

 

(9,941

)

 

 

(13,363

)

Total net deferred tax assets

 

$

3,365

 

 

$

491

 

 

Note 10 — Income Taxes (Continued)

Deferred Tax Assets and Liabilities (Continued)

The ultimate realization of deferred tax assets is dependent upon future generation of income during the periods in which temporary differences representing net future deductible amounts become deductible. Management considers projected future income and tax planning strategies in making this assessment. In addition, management considers all other available positive and negative evidence in its analysis, including existing profits in foreign jurisdictions as well as projected future foreign profits. As of January 2, 2026, the Company determined that it is more likely than not that the deferred tax assets of its foreign subsidiaries will be realized based on projected future taxable income and cumulative income over the most recent three-year period. As of January 2, 2026, the Company has incurred cumulative losses in its U.S. operation over the most recent three-year period. Based on the weight of available positive and negative evidence, management concluded that it is more likely than not that the deferred tax assets related to its U.S. operation will not be realized. Accordingly, the Company has maintained a full valuation allowance against its U.S. deferred tax assets.

The deferred tax asset valuation allowance activity was as follows (in thousands):

 

 

 

Years Ended

 

 

 

2025

 

 

2024

 

 

2023

 

Balance at beginning of period

 

$

(46,804

)

 

$

(42,744

)

 

$

(46,977

)

Release (recapture) due to incremental cash tax savings

 

 

 

 

 

(4,456

)

 

 

(3,318

)

Current year change due to deferred tax asset realization

 

 

(7,752

)

 

 

396

 

 

 

7,551

 

Balance at end of period

 

$

(54,556

)

 

$

(46,804

)

 

$

(42,744

)

As of January 2, 2026, the Company had U.S. net operating loss (“NOL”) carryforwards consisting of the following (in thousands):

 

 

 

2025

 

 

Expiration Date

Pre-2018 federal NOL carryforwards

 

$

41,996

 

 

will begin to expire in 2027

Post-2018 federal NOL carryforwards

 

 

124,895

 

 

indefinite

State NOL carryforwards

 

 

56,265

 

 

will begin to expire in 2026

As of January 2, 2026, the Company had U.S. tax credit carryforwards consisting of the following (in thousands):

 

 

 

2025

 

 

Expiration Date

Federal credit carryforwards

 

$

1,994

 

 

will begin to expire in 2030

State research tax credit carryforwards

 

 

1,012

 

 

indefinite

Federal foreign tax credit carryforwards

 

 

2,013

 

 

will begin to expire in 2028

 

The Company files income tax returns in the U.S. federal, various states and foreign jurisdictions. In the normal course of business, the Company is subject to examination by taxing authorities throughout the world. The following tax years remain subject to examination:

 

Significant jurisdictions

 

Open Years

U.S. Federal

 

2022 – 2024

U.S. States

 

2021 – 2024

Foreign

 

2021 – 2024

 

In various jurisdictions, years prior to 2021 remain open solely for the purposes of examination of the Company’s NOL and credit carryforwards.

Note 10 — Income Taxes (Continued)

Income Taxes Paid

The income taxes paid, net of refunds received, was as follows (in thousands):

 

 

 

Year Ended

 

 

 

2025

 

U.S. federal

 

$

 

State and local

 

 

25

 

Foreign

 

 

 

Switzerland

 

 

5,104

 

Japan

 

 

1,036

 

China

 

 

1,344

 

Other

 

 

321

 

Net income taxes paid

 

$

7,830

 

 

The amount of income taxes paid, net of refunds received, for fiscal years ended 2024 and 2023 were $10,945,000 and $2,759,000, respectively.

Tax Holiday

The Company operates under a tax holiday in Switzerland from 2020 through 2029, which consists of two consecutive five year periods: 2020 – 2024 and 2025 – 2029. The tax holiday is conditional upon the Company meeting specific activity and investment requirements as outlined by the Swiss Tax Authorities. The impact of this tax holiday is as follows (in thousands, except per share amounts):

 

 

 

Years Ended

 

 

 

2025

 

 

2024

 

 

2023

 

Tax impact related to tax holidays

 

$

(1,894

)

 

$

4,466

 

 

$

8,683

 

Impact of tax holidays on diluted earnings (loss) per share

 

$

(0.04

)

 

$

0.09

 

 

$

0.17

 

 

Uncertain Tax Benefits

A reconciliation of the beginning and ending amount of unrecognized tax benefits, exclusive of interest, are included in other current liabilities as income taxes payable, is as follows (in thousands):

 

 

 

Years Ended

 

 

 

2025

 

 

2024

 

Balance at beginning of period

 

$

910

 

 

$

 

Increases (decreases) - tax positions in prior period

 

 

(220

)

 

 

910

 

Increases (decreases) - tax positions in current period

 

 

 

 

 

 

Cash settlement

 

 

(690

)

 

 

 

Balance at end of period

 

$

 

 

$

910

 

 

Interest expense, included in other current liabilities on the Consolidated Balance Sheet, was $0 and $540,000 for January 2, 2026 and December 27, 2024, respectively. There were no uncertain tax positions in 2023.

Historical Timeline

Fiscal YearFiled
2026Mar 3, 2026Showing above
2024Feb 21, 2025
2023Feb 27, 2024
2022Feb 23, 2023
2021Feb 24, 2021
2020Feb 26, 2020
2018Feb 21, 2019
2017Feb 28, 2018
2016Mar 2, 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.