INCOME TAXES

The following table presents the U.S. and foreign components of consolidated income (loss) before income taxes and the provision for (benefit from) income taxes (in thousands):



	Fiscal Years
	2014			2013			2012
Income (loss) before income taxes:
U.S.	$	(13,172	)	$	(11,888	)	$	(12,444	)
Foreign	161			67			148
Income (loss) before income taxes	$	(13,011	)	$	(11,821	)	$	(12,296	)
Provision for (benefit from) income taxes:
Current:
Federal	$	—		$	58		$	—
State	—			1			2
Foreign	95			83			51
Subtotal	95			142			53
Deferred:
Federal	—			225			(55		)
State	—			48			(9		)
Foreign	(27		)	40			29
Subtotal	(27		)	313			(35		)
Provision for (benefit from) income taxes	$	68		$	455		$	18

Based on the available objective evidence, management believes it is more likely than not that the net deferred tax assets will not be fully realizable. Accordingly, the Company has provided a full valuation allowance against its U.S. federal and state deferred tax assets at December 28, 2014. The Company believes it is more likely than not it will be able to realize its foreign deferred tax assets. Deferred tax balances are comprised of the following (in thousands):



	December 28, 2014			December 29, 2013
Deferred tax assets:
Net operating losses	$	42,049		$	38,594
Capital losses	5,143			4,530
Accruals and reserves	2,247			2,848
Credits carryforward	5,455			5,433
Depreciation and amortization	10,709			10,590
Stock-based compensation	1,078			1,583
	66,681			63,578
Valuation allowances	(66,618		)	(63,528		)
Deferred tax asset	$	63		$	50
Deferred tax liability	—			—

A rate reconciliation between income tax provisions at the U.S. federal statutory rate and the effective rate reflected in the consolidated statements of operations is as follows:



	Fiscal Years
	2014		2013		2012
Income tax expense/(benefit) at statutory rate	(4,423	)	(4,019	)	(4,180	)
State taxes	—		1		2
Stock compensation and other permanent differences	6		316		342
Foreign taxes	22		101		30
Benefit allocated from other comprehensive income (loss)	—		273		(65	)
Future benefit of deferred tax assets not recognized	4,463		3,783		3,889
Provision for income taxes	68		455		18

As of December 28, 2014, the Company had net operating loss carryforwards of approximately $123.9 million for federal and $49.9 million for state income tax purposes. If not utilized, these carryforwards will expire beginning in 2015 for federal and state purposes. Included in the net operating loss carryforwards amount is $9.5 million for federal and $4.7 million for state income tax purposes, in which, the Company expects to record a credit to additional paid-in capital when the windfall tax benefits are realized in the future.

The Company has research credit carryforwards of approximately $3.2 million for federal and $4.0 million for state income tax purposes. If not utilized, the federal carryforwards will expire in various amounts beginning in 2018. The California credit can be carried forward indefinitely.

Under the Tax Reform Act of 1986, the amount of and the benefit from net operating loss carryforwards and credit carryforwards may be impaired or limited in certain circumstances. Events which may restrict utilization of a company's net operating loss and credit carryforwards include, but are not limited to, certain ownership change limitations as defined in Internal Revenue Code Section 382 and similar state provisions. In the event the Company has had a change of ownership, utilization of carryforwards could be restricted to an annual limitation. The annual limitation may result in the expiration of net operating loss carryforwards and credit carryforwards before utilization.

U.S. income taxes and foreign withholding taxes associated with the repatriation of earnings of foreign subsidiaries were not provided for on a cumulative total of $1.1 million of undistributed earnings for certain foreign subsidiaries as of the end of fiscal 2014. The Company intends to reinvest these earnings indefinitely in the Company's foreign subsidiaries. The Company believes that future domestic cash generation will be sufficient to meet future domestic cash needs. The Company has not recorded a deferred tax liability on the undistributed earnings of non-U.S. subsidiaries. If these earnings were distributed to the United States in the form of dividends or otherwise, or if the shares of the relevant foreign subsidiaries were sold or otherwise transferred, the Company would be subject to additional U.S. income taxes (subject to an adjustment for foreign tax credits) and foreign withholding taxes. If the Company decides to repatriate foreign earnings, the Company would need to adjust its income tax provision in the period in which it is determined that the earnings will no longer be indefinitely reinvested outside the United States.

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



	December 28, 2014			December 29, 2013		December 30, 2012
Beginning balance of unrecognized tax benefits	$	79		$	79	$	77
Additions for tax positions related to the prior year	330			—		—
Additions for tax positions related to the current year	162			—		2
Lapse of statues of limitations	(55		)	—		—
Ending balance of unrecognized tax benefits	$	516		$	79	$	79

Out of $516,000 of unrecognized tax benefits, approximately $51,000 of unrecognized tax benefit would result in a change in the Company's effective tax rate if recognized in future years. As of December 28, 2014 and December 29, 2013 the Company had approximately $25,000 and $40,000 of accrued interest and penalties related to uncertain tax positions.

The Company is not currently under exam and the Company's historical net operating loss and credit carryforwards may be adjusted by the Internal Revenue Service, or IRS, and other tax authorities until the statute closes on the year in which such attributes are utilized. The Company estimates that its unrecognized tax benefits will not change significantly within next twelve months.

The Company is subject to U.S. federal income tax as well as income taxes in many U.S. states and foreign jurisdictions in which the Company operates. As of December 28, 2014, fiscal years 2010 onward remain open to examination by the U.S. taxing authorities and fiscal years 2006 onward remain open to examination in Canada. The U.S. federal and U.S. state taxing authorities may choose to audit tax returns for tax years beyond the statute of limitation period due to significant tax attribute carryforwards from prior years, making adjustments only to carryforward attributes.