Note 15. Income Taxes

Income Tax Assets and Liabilities - The Company accounts for income taxes whereby deferred tax assets and liabilities are recognized using enacted tax rates for the effect of temporary differences between the book and tax accounting for assets and liabilities. Also, deferred tax assets are reduced by a valuation allowance to the extent that management cannot conclude that it is more likely than not that a portion of the deferred tax asset will be realized in the future. The Company evaluates the deferred tax assets on a continuous basis throughout the year to determine whether or not a valuation allowance is appropriate. Factors used in this determination include future expected income and the underlying asset or liability which generated the temporary tax difference. The income tax provision is primarily impacted by federal statutory rates, state and foreign income taxes, and changes in the valuation allowance.

Income (loss) before provision for income taxes consists of the following (in thousands):

	Years Ended
	December 26, 2015		December 27, 2014			December 28, 2013
Domestic	$	178	$	(15,691	)	$	(26,447	)
Foreign		5,390		4,070			2,882
Income (loss) before income taxes	$	5,568	$	(11,621	)	$	(23,565	)

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

	Years Ended
	December 26, 2015		December 27, 2014			December 28, 2013
Current:
Federal	$	148	$	358		$	119
State		3		(151	)		5
Foreign		2,266		1,327			933
		2,417		1,534			1,057
Deferred:
Federal		190		17,368			(10,686	)
State		3		550			(325	)
Foreign		53		45			535
		246		17,963			(10,476	)
Provision (benefit) for income taxes	$	2,663	$	19,497		$	(9,419	)

Significant components of the Company's deferred tax assets and liabilities are as follows (in thousands):

	At
	December 26, 2015			December 27, 2014
Deferred tax assets:
Reserves and accruals	$	13,712		$	10,744
Deferred revenue		1,154			1,370
Shared based compensation		3,856			4,030
Tax credit carry-forwards		8,658			8,122
Net operating losses		13,218			14,695
Depreciation & amortization		366			2,750
Other		94			372
Total deferred tax assets		41,058			42,083
Less: Valuation allowance		(36,786	)		(35,835	)
Total deferred tax assets net of valuation allowance		4,272			6,248
Deferred tax liabilities:
Depreciation & amortization		(2,537	)		(4,020	)
Other		(1,137	)		(1,485	)
Total deferred tax liabilities		(3,674	)		(5,505	)
Net deferred tax assets	$	598		$	743

As of December 26, 2015, the Company had net operating loss carryforwards of $9.9 million for federal, $39.5 million in California and $38.5 million in foreign countries, which begin to expire in 2015. A total of $1.4 million of the federal net operating loss, $3.0 million of the California net operating loss carryforward and $1.6 million of the foreign net operating loss carryforwards are related to excess tax benefits as a result of stock option exercises, and therefore will be recorded in additional paid-in capital in the period that they become realized. During the year ended December 26, 2015, the Company did not realize any excess tax benefits as a result of stock option exercises, therefore, there were no amounts recorded to additional paid-in capital.

As of December 26, 2015, the Company had available carryforward Federal and California R&D tax credits of $7.5 million and $6.9 million, respectively. Federal R&D tax credit carryforwards begin to expire in 2024. State R&D tax credits carryforward indefinitely. A total of $0.2 million of the state R&D tax credits are related to excess tax benefits as a result of stock option exercises, and therefore will be recorded to additional paid-in-capital in the period that they become realized.

During the years ended December 26, 2015 and December 27, 2014, the valuation allowances increased by $1.6 million and $23.9 million, respectively. The valuation allowance increase in 2014 was primarily related to a full valuation allowance recorded against the Company's U.S. deferred tax assets. The realization of deferred tax assets is primarily dependent on the Company generating sufficient U.S. and foreign taxable income in future fiscal years. The Company regularly assesses the need for a valuation allowance against its deferred tax assets. In making that assessment, the Company considers both positive and negative evidence related to the likelihood of realization of the deferred tax assets to determine, based on the weight of available evidence, whether it is more-likely-than-not that some or all of the deferred tax assets will not be realized. In evaluating the need for a valuation allowance, the Company considers its cumulative loss in the U.S. as a significant piece of negative evidence. During the year ended December 27, 2014, the Company recorded a $21.1 million valuation allowance against its U.S. deferred tax assets as it determined, within the period, it would not meet the more likely than not threshold. The Company continues to maintain valuation allowances against certain foreign deferred tax assets as a result of uncertainties regarding the realization of the asset due to cumulative losses and uncertainty of future taxable income. The Company will continue to assess the realizability of the deferred tax assets in each of the applicable jurisdictions and maintain the valuation allowances until sufficient positive evidence exists to support a reversal. In the event the Company determines that the deferred tax assets are realizable, an adjustment to the valuation allowances will be reflected in the tax provision for the period such determination is made.

Changes in tax laws and tax rates could affect the Company's recorded deferred tax assets and liabilities in the future. The Company's tax liabilities involve dealing with uncertainties in the application of complex tax laws and regulations in a multitude of jurisdictions across its global operations. Management will account for any such changes or factors in the period in which such law changes are enacted.

Differences between income taxes computed by applying the statutory federal income tax rate to income (loss) before income taxes and the provision (benefit) for income taxes consist of the following (in thousands):

	Years Ended
	December 26, 2015			December 27, 2014			December 28, 2013
Income taxes computed at U.S. statutory rate	$	1,949		$	(4,067	)	$	(8,247	)
State income taxes		28			(109	)		147
Foreign tax rate differential		342			777			479
Change in valuation allowance		1,648			23,894			—
Non-deductible Equity Compensation		311			242			210
Tax credits		(1,834	)		(2,187	)		(2,103	)
Liabilities for uncertain tax positions		74			118			111
Other, net		145			829			(16	)
Provision (benefit) for income taxes	$	2,663		$	19,497		$	(9,419	)

Certain amounts of the income tax rate reconciliation for the years ended December 27, 2014 and December 28, 2013, were reclassified to other components within the reconciliation to be consistent with classification used for the year ended December 26, 2015. There was no impact to the total provision (benefit) for income taxes based on these reclassifications.

As of December 26, 2015, approximately $6.5 million of undistributed earnings from non-U.S. operations held by the Company's foreign subsidiaries are designated as indefinitely reinvested outside the U.S. Accordingly, no additional U.S. income taxes or additional foreign withholding taxes have been provided thereon. The amount of unrecognized deferred tax liability related to these earnings would be immaterial.

The Company recognizes tax liabilities for uncertain tax positions and adjust these liabilities when its judgment changes as a result of the evaluation of new information not previously available. Due to the complexity of some of these uncertainties, the ultimate resolution may result in a payment that is materially different from the Company's current estimate of the tax liabilities. These differences will be reflected as increases or decreases to income tax expense in the period in which they are determined.

The accounting for uncertainty in income taxes recognized in an enterprise's financial statements prescribes a recognition threshold and measurement attribute for the financial statement recognition and measurement of a tax position taken or expected to be taken on a tax return, and the derecognition of tax benefits, classification on the balance sheet, interest and penalties, accounting in interim periods, disclosure, and transition.

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

	Rollforward Table (at Gross): As of
	December 26, 2015			December 27, 2014			December 28, 2013
Unrecognized tax benefits - beginning of the period	$	6,442		$	4,436		$	3,464
Gross increases-tax positions in prior period		127			655			305
Gross decreases-tax positions in prior period		(306	)		(123	)		—
Gross increases-current-period tax positions		698			1,541			688
Lapse of statute of limitations		—			(67	)		(21	)
Unrecognized tax benefits - end of the period	$	6,961		$	6,442		$	4,436

The unrecognized tax benefit at December 26, 2015 was $7.0 million, of which $0.8 million would impact the effective tax rate if recognized. The Company accrues interest and penalties related to unrecognized tax benefits in its provision for income taxes. The total amount of penalties and interest were not material as of December 26, 2015, December 27, 2014 and December 28, 2013. The Company does not expect a material change in its unrecognized tax benefits within the next 12 months.

The Company is subject to taxation in the U.S. and various states including California, and foreign jurisdictions including Korea, Japan, Taiwan, and China. Due to tax attribute carry-forwards, the Company is subject to examination for tax years 2003 forward for U.S. tax purposes. The Company was also subject to examination in various states for tax years 2002 forward. The Company is subject to examination for tax years 2007 forward for various foreign jurisdictions.