Annual report pursuant to Section 13 and 15(d)

13. Accrued liabilities

13. Accrued liabilities
12 Months Ended
Dec. 30, 2017
Payables and Accruals [Abstract]  
Accrued liabilities

Note 13:       Accrued liabilities


Accrued liabilities of continuing operations as of December 30, 2017 and December 31, 2016 consist of the following:


    December 30, 2017     December 31, 2016  
Sales tax estimates, including interest   $ 4,563     $ 4,203  
Compensation and benefits     1,061       2,431  
Deferred revenue     300       227  
Accrued incentive and rebate checks     285       358  
Accrued rent     77       263  
Accrued interest     115        
Warranty           26  
Accrued payables     129       570  
Other     31       810  
    $ 6,561     $ 8,888  


We operate in fourteen states in the U.S. and in various provinces in Canada. From time to time, we are subject to sales and use tax audits that could result in additional taxes, penalties and interest owed to various taxing authorities.


As previously disclosed, the California Board of Equalization (“BOE”) conducted a sales and use tax examination covering the Company’s California operations for 2011, 2012 and 2013. The Company believed it was exempt from collecting sales taxes under service agreements with utility customers that included appliance replacement programs. During the fourth quarter of 2014, the Company received communication from the BOE indicating they were not in agreement with the Company’s interpretation of the law. As a result, the Company applied for and, as of February 9, 2015, received approval to participate in the California Board of Equalization’s Managed Audit Program. The period covered under this program included 2011, 2012, 2013 and extended through the nine-month period ended September 30, 2014.


On April 13, 2017 the Company received the formal BOE assessment for sales tax for tax years 2011, 2012 and 2013 in the amount of $4.1 million plus applicable interest of $0.5 million related to the appliance replacement programs that we administered on behalf of our customers on which we did not assess, collect or remit sales tax. The Company intends to appeal this assessment and continue to engage the services of our existing retained sales tax experts throughout the appeal process. The BOE tax assessment is subject to protest and appeal; and would not need to be funded until the matter has been fully resolved through the appeal process. The Company anticipates that resolution of the BOE assessment could take up to two years.