11. INCOME TAXES

On January 2, 2026, the Company adopted ASU 2023-09, “Income Taxes (Topic 740): Improvements to Income Tax Disclosures”. ASU 2023-09 amends the rules on income tax disclosures to require entities to disclose specific categories in the rate reconciliation, the income or loss from continuing operations before income tax expense or benefit (separated between domestic and foreign) and income tax expense or benefit from continuing operations (separated by federal, state, and foreign). ASU 2023-09 further requires entities to disclose their income tax payments to international, federal, state, and local jurisdictions, among other changes.

As permitted by ASU 2023-09, the Company adopted this standard on a prospective basis starting with its fiscal year 2025 annual reporting period.

The provision for income taxes is comprised of (1):

Fiscal Year

 

  ​ ​ ​

2025

  ​ ​ ​

2024

  ​ ​ ​

2023

 

(in thousands)

Current federal taxes

$

(341)

$

361

$

61

Current state taxes

 

1,234

 

1,207

 

676

Current foreign taxes

18

18

Deferred federal taxes

 

(11,570)

 

1,677

 

2,022

Deferred state taxes

 

(1,904)

 

846

 

906

$

(12,563)

$

4,109

$

3,665

(1)Revenue from the Company’s foreign operations was immaterial for fiscal years 2025, 2024, and 2023.

 

 

The provision for income taxes reconciles to the amounts computed by applying the statutory federal tax rate of 21% for fiscal years 2025, 2024, and 2023 to the Company’s income before income taxes. The sources and tax effects of the differences for fiscal years 2025, 2024 and 2023 are as follows:

Fiscal Year

  ​ ​ ​

2025

  ​ ​ ​

(in thousands)

Percent

US federal statutory tax rate

$

8,398

21.0

%

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

 

(605)

 

(1.5)

%

Tax credits

Research and development tax credit

(852)

(2.1)

%

Other - tax credits

(29)

(0.1)

%

Nontaxable and nondeductible items

Officer compensation

 

1,328

 

3.3

%

Stock compensation

(2,610)

(6.5)

%

Other - nondeductible items

211

0.5

%

Other

Energy efficiency building deduction

(18,509)

(46.3)

%

Other

83

0.2

%

Foreign tax effects

22

0.1

%

Effective tax rate

$

(12,563)

(31.4)

%

(1)The state and local jurisdiction that contribute to the majority (greater than 50%) of the tax effect in this category include California, New York State, and New York City.

 

 

Fiscal Year

2024

  ​ ​ ​

2023

 

(in thousands)

Computed “expected” federal income tax expense

$

5,603

$

3,064

Permanent differences

 

52

 

194

Nondeductible executive compensation

600

121

Stock options and disqualifying dispositions

(910)

560

Energy efficient building deduction

(2,053)

(717)

Current and deferred state income tax expense, net of federal benefit

 

1,694

 

1,250

Research and development tax credit

(813)

(867)

Change in valuation allowance

(85)

Other

 

21

 

60

Provision for income taxes

$

4,109

$

3,665

Effective tax rate

15.4

%

25.1

%

 

 

The Company's effective tax rate includes the impact of discrete items such as the excess tax benefit on stock compensation deductions. Stock compensation deductions are recognized in the period in which stock awards vest, or exercise, and are calculated as the difference between the recorded stock compensation expense and the amount realized at the vesting or exercise date. In addition, the Company’s effective tax rate includes estimates related to deductions related to energy-efficiency building deduction under Section 179D. These estimates are calculated based on the most readily available information including building-specific data, estimated project completion dates, estimated deduction rates, and related tax law guidance. Changes related to estimates are recognized in the period in which they occur.

The tax effects of temporary differences that give rise to significant portions of the net deferred tax assets and liabilities are as follows:

January 2,

December 27,

  ​ ​ ​

2026

  ​ ​ ​

2024

(in thousands)

Deferred tax assets:

Other accrued liabilities

$

4,942

$

4,642

Federal and state net operating losses

18,751

11,451

Lease liability

4,882

4,269

Stock compensation

1,902

1,509

Capitalized research and development

6,369

5,058

Credit carryforwards

4,236

2,395

Excess business interest limitation

746

Other

 

367

 

212

Total deferred tax assets

 

42,195

 

29,536

Valuation allowance

 

(1,106)

 

(1,106)

Net deferred tax assets

$

41,089

$

28,430

Deferred tax liabilities:

Deferred revenue

$

(2,687)

$

(2,899)

Fixed assets

(1,390)

(2,813)

Intangible assets

(5,194)

(5,475)

Lease right-of-use assets

(4,432)

(3,806)

Prepaids

(756)

Other

(91)

Total deferred tax liabilities

 

(14,459)

 

(15,084)

Net deferred tax asset

$

26,630

$

13,346

 

 

As of January 2, 2026, the Company had federal and state operating loss carryovers of $67.0 million and $78.6 million, respectively. As of January 2, 2026, the Company had a federal tax credit carryforward of $4.2 million, and an immaterial amount of state tax credit carryforward. The federal net operating losses begin to expire in 2028. The majority of the state net operating loss carryovers will begin to expire in 2031.

During each fiscal year, management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to utilize existing deferred tax assets. During fiscal year 2025, no change was made to the tax valuation allowance as the available positive and negative evidence did not warrant for any changes. During fiscal year 2024, $0.1 million of the valuation allowance was released due to expected future utilization of deferred tax assets.

As of January 2, 2026 and December 27, 2024, the Company’s liabilities related to uncertain tax positions were immaterial to the consolidated financial statements. The Company may be subject to examination by the Internal Revenue Service (“IRS”) for calendar years 2022 through 2025. The Company may also be subject to examination on certain state and local jurisdictions for the years 2021 through 2025.

The Company's policy is to recognize interest and penalties related to unrecognized tax benefits in income tax expense. As of January 2, 2026 and December 27, 2024, the Company did not have any unrecognized tax benefits. In addition, during the fiscal year 2025, the Company did not have any additions or reductions of unrecognized tax benefits.

On July 4, 2025, the One Big Beautiful Bill Act (“OBBBA”) was signed into law. The legislation did not have a material impact on the Company's income tax expense for the year ended December 31, 2025. In addition, OBBA did not have a material impact to the Company's effective income tax rate for 2025. The OBBBA makes permanent some key tax provisions for tax year 2026, primarily the repeal of the energy-efficiency building deduction under Section 179D for property for which construction begins after June 30, 2026.

The cash paid for income taxes, net of refunds, during the year was as follows:

Fiscal Year

  ​ ​ ​

2025

(in thousands)

Federal

$

901

State and Local

 

California

943

New York

170

New York City

106

Other

 

198

Foreign

 

Other

20

Total

$

2,338

 

 

 

Historical Timeline

Fiscal YearFiled
2026Feb 27, 2026Showing above
2024Mar 7, 2025
2023Mar 8, 2024
2022Mar 10, 2023
2021Mar 17, 2021
2019Mar 6, 2020
2018Mar 8, 2019
2017Mar 9, 2018
2016Mar 16, 2016

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.