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Income Taxes
12 Months Ended
Dec. 29, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

NOTE 10-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

 

 

 

2019

 

 

2018

 

 

2017

 

Income (loss) before income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

U.S.

 

$

(15,813

)

 

$

(13,982

)

 

$

(14,253

)

Foreign

 

 

289

 

 

 

355

 

 

 

209

 

Loss before income taxes

 

$

(15,524

)

 

$

(13,627

)

 

$

(14,044

)

Provision for (benefit from) income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(19

)

 

$

 

State

 

 

3

 

 

 

2

 

 

 

2

 

Foreign

 

 

108

 

 

 

169

 

 

 

85

 

Subtotal

 

 

111

 

 

 

152

 

 

 

87

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(141

)

 

 

 

 

 

 

State

 

 

(44

)

 

 

 

 

 

 

Foreign

 

 

(6

)

 

 

 

 

 

 

Subtotal

 

 

(191

)

 

 

 

 

 

 

Provision for income taxes

 

$

(80

)

 

$

152

 

 

$

87

 

 

The following table presents the rate reconciliation between income tax provisions at the U.S. federal statutory rate and the effective rate reflected in the consolidated statements of operations:

 

 

 

Fiscal Years

 

 

 

2019

 

 

2018

 

 

2017

 

Income tax (benefit) at statutory rate

 

$

(3,260

)

 

$

(2,862

)

 

$

(4,775

)

State taxes

 

 

(42

)

 

 

2

 

 

 

2

 

Stock compensation and other permanent differences

 

 

187

 

 

 

252

 

 

 

75

 

Foreign taxes

 

 

42

 

 

 

95

 

 

 

(30

)

Future benefit of deferred tax assets not recognized

 

 

3,133

 

 

 

2,684

 

 

 

4,815

 

Other

 

 

(140

)

 

 

(19

)

 

 

 

Provision for income taxes

 

$

(80

)

 

$

152

 

 

$

87

 

 

Based on the available objective evidence, management believes it is more likely than not that the U.S. 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 29, 2019. Any future release of the valuation allowance may be recorded as a tax benefit increasing net income. 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 29,

2019

 

 

December 30,

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating losses

 

$

40,717

 

 

$

37,527

 

Capital losses

 

 

 

 

 

 

Accruals and reserves

 

 

1,345

 

 

 

1,370

 

Credits carryforward

 

 

5,765

 

 

 

5,836

 

Depreciation and amortization

 

 

9,760

 

 

 

9,887

 

Stock-based compensation

 

 

637

 

 

 

347

 

Gross deferred tax assets

 

 

58,224

 

 

 

54,967

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Net lease asset/ (liability)

 

 

(23

)

 

 

 

Gross deferred tax liabilities

 

 

(23

)

 

 

 

Net deferred tax assets/ (liabilities)

 

 

58,201

 

 

 

54,967

 

Valuation allowance

 

 

(58,140

)

 

 

(54,913

)

Total deferred tax asset/ (liability)

 

$

61

 

 

$

54

 

 

As of December 29, 2019, the Company had net operating loss carryforwards of approximately $168.7 million for federal and $75.4 million for state income tax purposes. If not utilized, the federal net operating loss for years beginning before January 1, 2018 of $141.6 million will expire beginning in 2020 through 2038, and federal net operating losses beginning after January 1, 2018 of $27.1 million will be carried forward indefinitely (subject to certain limitations). If not utilized, the state net operating losses will expire beginning in 2020 through 2038.

The Company has research credit carryforwards of approximately $4.0 million for federal and $4.4 million for state income tax purposes as of December 29, 2019. If not utilized, the federal carryforwards will expire in various amounts beginning in 2020. The California credit can be carried forward indefinitely.

 

The Tax Cuts and Jobs Act (the "TCJA") was enacted on December 22, 2017. The Act reduces the US federal corporate tax rate from 35% to 21%, requires companies to pay a one-time transition tax on earnings of certain foreign subsidiaries that were previously tax deferred and creates new taxes on certain foreign sourced earnings. In December 2017, the SEC issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provides guidance on accounting for the income tax effects of the TCJA. SAB 118 provides a measurement period that should not extend beyond one year from the TCJA enactment date for companies to complete the accounting relating to the TCJA under Accounting Standards Codification Topic 740, “Income Taxes” (“ASC 740”). In accordance with SAB 118, the TCJA-related income tax effects that we initially reported as provisional estimates were refined as additional analysis was performed. There was no material impact to the balance sheet and income statement recorded when the analysis was completed in the 2018 fourth quarter. The TCJA also includes a provision to tax global intangible low-taxed income ("GILTI") of foreign subsidiaries. In accordance with U.S. GAAP, the Company has made an accounting policy election to treat taxes due under the GILTI provision as a current period expense.

 

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.

The Company has not undertaken a study to determine if its net operating losses are limited. In the event the Company previously experienced an ownership change, or should experience an ownership change in the future, the amount of net operating losses and research and development credit carryovers available in any taxable year could be limited and may expire unutilized.

Foreign withholding taxes associated with the repatriation of earnings of foreign subsidiaries were not provided for on the undistributed earnings of certain foreign subsidiaries as of the end of fiscal 2019. 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. The foreign withholding taxes would not have a material impact on the Company’s financial position and results of operation.

 

Uncertain Tax Positions

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

 

 

 

December 29,

2019

 

 

December 30,

2018

 

 

December 31,

2017

 

Beginning balance of unrecognized tax benefits

 

$

2,161

 

 

$

2,107

 

 

$

2,014

 

Additions for tax positions related to the prior year

 

 

(46

)

 

 

(2

)

 

 

16

 

Additions for tax positions related to the current year

 

 

88

 

 

 

125

 

 

 

77

 

Lapse of statutes of limitations

 

 

(86

)

 

 

(69

)

 

 

 

Ending balance of unrecognized tax benefits

 

$

2,117

 

 

$

2,161

 

 

$

2,107

 

 

Out of $2.1 million of unrecognized tax benefits, there are no unrecognized tax benefits that would result in a change in the Company's effective tax rate if recognized in future years. The accrued interest and penalties related to uncertain tax positions was not significant for December 29, 2019, December 30, 2018 and December 31, 2017.

The Company is not currently under tax examination and the Company’s historical net operating loss and credit carryforwards may be adjusted by the Internal Revenue Service, and other tax authorities until the statute closes on the year in which such tax attributes are utilized. The Company estimates that its unrecognized tax benefits will not change significantly within the 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. The U.S. tax years from 1999 forward remain effectively open to examination due to the carryover of unused net operating losses and tax credits.

NOTE 10-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

 

 

 

2019

 

 

2018

 

 

2017

 

Income (loss) before income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

U.S.

 

$

(15,813

)

 

$

(13,982

)

 

$

(14,253

)

Foreign

 

 

289

 

 

 

355

 

 

 

209

 

Loss before income taxes

 

$

(15,524

)

 

$

(13,627

)

 

$

(14,044

)

Provision for (benefit from) income taxes:

 

 

 

 

 

 

 

 

 

 

 

 

Current:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

$

 

 

$

(19

)

 

$

 

State

 

 

3

 

 

 

2

 

 

 

2

 

Foreign

 

 

108

 

 

 

169

 

 

 

85

 

Subtotal

 

 

111

 

 

 

152

 

 

 

87

 

Deferred:

 

 

 

 

 

 

 

 

 

 

 

 

Federal

 

 

(141

)

 

 

 

 

 

 

State

 

 

(44

)

 

 

 

 

 

 

Foreign

 

 

(6

)

 

 

 

 

 

 

Subtotal

 

 

(191

)

 

 

 

 

 

 

Provision for income taxes

 

$

(80

)

 

$

152

 

 

$

87

 

 

The following table presents the rate reconciliation between income tax provisions at the U.S. federal statutory rate and the effective rate reflected in the consolidated statements of operations:

 

 

 

Fiscal Years

 

 

 

2019

 

 

2018

 

 

2017

 

Income tax (benefit) at statutory rate

 

$

(3,260

)

 

$

(2,862

)

 

$

(4,775

)

State taxes

 

 

(42

)

 

 

2

 

 

 

2

 

Stock compensation and other permanent differences

 

 

187

 

 

 

252

 

 

 

75

 

Foreign taxes

 

 

42

 

 

 

95

 

 

 

(30

)

Future benefit of deferred tax assets not recognized

 

 

3,133

 

 

 

2,684

 

 

 

4,815

 

Other

 

 

(140

)

 

 

(19

)

 

 

 

Provision for income taxes

 

$

(80

)

 

$

152

 

 

$

87

 

 

Based on the available objective evidence, management believes it is more likely than not that the U.S. 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 29, 2019. Any future release of the valuation allowance may be recorded as a tax benefit increasing net income. 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 29,

2019

 

 

December 30,

2018

 

Deferred tax assets:

 

 

 

 

 

 

 

 

Net operating losses

 

$

40,717

 

 

$

37,527

 

Capital losses

 

 

 

 

 

 

Accruals and reserves

 

 

1,345

 

 

 

1,370

 

Credits carryforward

 

 

5,765

 

 

 

5,836

 

Depreciation and amortization

 

 

9,760

 

 

 

9,887

 

Stock-based compensation

 

 

637

 

 

 

347

 

Gross deferred tax assets

 

 

58,224

 

 

 

54,967

 

Deferred tax liabilities:

 

 

 

 

 

 

 

 

Net lease asset/ (liability)

 

 

(23

)

 

 

 

Gross deferred tax liabilities

 

 

(23

)

 

 

 

Net deferred tax assets/ (liabilities)

 

 

58,201

 

 

 

54,967

 

Valuation allowance

 

 

(58,140

)

 

 

(54,913

)

Total deferred tax asset/ (liability)

 

$

61

 

 

$

54

 

 

As of December 29, 2019, the Company had net operating loss carryforwards of approximately $168.7 million for federal and $75.4 million for state income tax purposes. If not utilized, the federal net operating loss for years beginning before January 1, 2018 of $141.6 million will expire beginning in 2020 through 2038, and federal net operating losses beginning after January 1, 2018 of $27.1 million will be carried forward indefinitely (subject to certain limitations). If not utilized, the state net operating losses will expire beginning in 2020 through 2038.

The Company has research credit carryforwards of approximately $4.0 million for federal and $4.4 million for state income tax purposes as of December 29, 2019. If not utilized, the federal carryforwards will expire in various amounts beginning in 2020. The California credit can be carried forward indefinitely.

 

The Tax Cuts and Jobs Act (the "TCJA") was enacted on December 22, 2017. The Act reduces the US federal corporate tax rate from 35% to 21%, requires companies to pay a one-time transition tax on earnings of certain foreign subsidiaries that were previously tax deferred and creates new taxes on certain foreign sourced earnings. In December 2017, the SEC issued Staff Accounting Bulletin No. 118 (“SAB 118”), which provides guidance on accounting for the income tax effects of the TCJA. SAB 118 provides a measurement period that should not extend beyond one year from the TCJA enactment date for companies to complete the accounting relating to the TCJA under Accounting Standards Codification Topic 740, “Income Taxes” (“ASC 740”). In accordance with SAB 118, the TCJA-related income tax effects that we initially reported as provisional estimates were refined as additional analysis was performed. There was no material impact to the balance sheet and income statement recorded when the analysis was completed in the 2018 fourth quarter. The TCJA also includes a provision to tax global intangible low-taxed income ("GILTI") of foreign subsidiaries. In accordance with U.S. GAAP, the Company has made an accounting policy election to treat taxes due under the GILTI provision as a current period expense.

 

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.

The Company has not undertaken a study to determine if its net operating losses are limited. In the event the Company previously experienced an ownership change, or should experience an ownership change in the future, the amount of net operating losses and research and development credit carryovers available in any taxable year could be limited and may expire unutilized.

Foreign withholding taxes associated with the repatriation of earnings of foreign subsidiaries were not provided for on the undistributed earnings of certain foreign subsidiaries as of the end of fiscal 2019. 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. The foreign withholding taxes would not have a material impact on the Company’s financial position and results of operation.

 

Uncertain Tax Positions

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

 

 

 

December 29,

2019

 

 

December 30,

2018

 

 

December 31,

2017

 

Beginning balance of unrecognized tax benefits

 

$

2,161

 

 

$

2,107

 

 

$

2,014

 

Additions for tax positions related to the prior year

 

 

(46

)

 

 

(2

)

 

 

16

 

Additions for tax positions related to the current year

 

 

88

 

 

 

125

 

 

 

77

 

Lapse of statutes of limitations

 

 

(86

)

 

 

(69

)

 

 

 

Ending balance of unrecognized tax benefits

 

$

2,117

 

 

$

2,161

 

 

$

2,107

 

 

Out of $2.1 million of unrecognized tax benefits, there are no unrecognized tax benefits that would result in a change in the Company's effective tax rate if recognized in future years. The accrued interest and penalties related to uncertain tax positions was not significant for December 29, 2019, December 30, 2018 and December 31, 2017.

The Company is not currently under tax examination and the Company’s historical net operating loss and credit carryforwards may be adjusted by the Internal Revenue Service, and other tax authorities until the statute closes on the year in which such tax attributes are utilized. The Company estimates that its unrecognized tax benefits will not change significantly within the 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. The U.S. tax years from 1999 forward remain effectively open to examination due to the carryover of unused net operating losses and tax credits.