Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.20.1
Income Taxes
12 Months Ended
Dec. 28, 2019
Income Tax Disclosure [Abstract]  
Income Taxes

Note 13:

  Income taxes

For fiscal year 2019 and 2018, we recorded an income tax benefit of $3,197 and $727, respectively, which consisted of the following:

 

 

 

For the 52-week period ended

 

 

 

December 28, 2019

 

 

December 29, 2018

 

Current tax expense:

 

 

 

 

 

 

 

 

State

 

$

(80

)

 

$

(511

)

Federal

 

 

 

 

 

(8

)

Current tax expense

 

$

(80

)

 

$

(519

)

Deferred tax benefit - domestic

 

 

3,277

 

 

 

1,246

 

Benefit of income taxes

 

$

3,197

 

 

$

727

 

 

A reconciliation of our benefit of income taxes with the federal statutory tax rate for fiscal years 2019 and 2018 is shown below:

 

 

 

For the 52-week period ended

 

 

 

December 28, 2019

 

 

December 29, 2018

 

U.S statutory rate

 

 

21.00

%

 

 

21.00

%

State tax rate

 

 

1.79

%

 

 

-14.02

%

Foreign rate differential

 

 

0.16

%

 

 

0.00

%

Permanent differences

 

 

-0.13

%

 

 

-0.52

%

Change in valuation allowance

 

 

-0.67

%

 

 

12.63

%

Other

 

 

-0.60

%

 

 

-5.87

%

 

 

 

21.55

%

 

 

13.22

%

 

Loss before benefit of income taxes was derived from the following sources for fiscal years 2019 and 2018 as shown below:

 

 

 

For the 52-week period ended

 

 

 

December 28, 2019

 

 

December 29, 2018

 

United States

 

$

(14,497

)

 

$

(5,500

)

Canada

 

 

(664

)

 

 

(835

)

 

 

$

(15,161

)

 

$

(6,335

)

 

The components of net deferred tax assets (liabilities) as of December 28, 2019 and December 29, 2018, are as follows:

 

 

 

December 28, 2019

 

 

December 29, 2018

 

Deferred tax assets (liabilities):

 

 

 

 

 

 

 

 

Allowance for bad debts

 

$

802

 

 

$

7

 

Accrued expenses

 

 

1,623

 

 

 

998

 

Accrued compensation

 

 

62

 

 

 

39

 

Prepaid expenses

 

 

(93

)

 

 

(147

)

Net operating loss

 

 

2,045

 

 

 

292

 

Lease liability

 

 

504

 

 

 

 

Tax credits

 

 

256

 

 

 

256

 

Share-based compensation

 

 

125

 

 

 

271

 

Intangibles

 

 

(4,585

)

 

 

(5,068

)

Property and equipment

 

 

(652

)

 

 

(103

)

Deferred rent

 

 

 

 

 

12

 

Unrealized losses (gains)

 

 

141

 

 

 

129

 

Section 163(j) interest

 

 

288

 

 

 

172

 

 

 

 

516

 

 

 

(3,142

)

Less: valuation allowance

 

 

(786

)

 

 

(407

)

Net deferred tax assets (liabilities)

 

$

(270

)

 

$

(3,549

)

 

As of December 28, 2019, the Company has net operating loss carryforwards of approximately $6,600 for federal income tax purposes, which will be available to offset future taxable income. Due to recent tax legislation, these net operating losses are eligible for indefinite carryforward, limited by certain taxable income limitations. The Company has certain foreign tax credits available but has recorded a full valuation allowance against these tax credits until the Company has sufficient foreign source income to utilize these credits. The Company continues to have a full valuation allowance against its Canadian operations. The Company released approximately $700 of valuation allowance related to state net operating losses due to sufficient income in those jurisdictions or otherwise expired.

The Company annually conducts an analysis of its uncertain tax positions and has concluded that it has no uncertain tax positions as of December 28, 2019. The Company’s policy is to record uncertain tax positions as a component of income tax expense. The Company was selected for examination by the IRS for its 2016 tax year which was settled in November 2019 with no adjustments.