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Note 10 - Income Taxes
9 Months Ended
Sep. 26, 2020
Notes to Financial Statements  
Income Tax Disclosure [Text Block]

Note 10 - Income Taxes

 

We are subject to federal and state income tax as well as income tax in the foreign jurisdictions in which we operate. For the third quarter of fiscal 2020, we recorded an income tax benefit of approximately $0.7 million, and for fiscal 2019, we recorded income tax expense of approximately $1.1 million. For the first nine months of fiscal 2020 and fiscal 2019, we recorded income tax expense of approximately $0.6 million and $1.5 million, respectively. Income taxes for the three and nine month periods ended September 26, 2020 and September 28, 2019 represent tax at the federal, state, and foreign statutory tax rates in addition to withholding taxes, changes in uncertain tax positions, changes in the U.S. valuation allowance, as well as other non-deductible items in foreign jurisdictions. The difference between the U.S. federal statutory tax rate of 21% and our effective tax rates for the three and nine months ended September 26, 2020 and for the three and nine months ended September 28, 2019 resulted primarily from the U.S. valuation allowance, foreign withholding taxes, foreign rate differentials, and the discrete impacts of uncertain tax positions due to lapsing of the statute of limitations.

 

We updated our evaluation of the valuation allowance position in the United States through September 26, 2020 and concluded that we should continue to maintain a full valuation allowance against the net federal and state deferred tax assets. In making this evaluation, we exercised significant judgment and considered estimates about our ability to generate revenue and taxable profits sufficient to offset expenditures in future periods within the U.S. We will continue to evaluate both positive and negative evidence in future periods to determine if we will realize the deferred tax assets. We do not have a valuation allowance in any foreign jurisdictions as we have concluded it is more likely than not that we will realize the net deferred tax assets in future periods.

 

Our liability recorded for uncertain tax positions (including penalties and interest) was $23.0 million and $24.6 million at September 26, 2020 and December 28, 2019, respectively, and is included as a component of Other long-term liabilities on our Consolidated Balance Sheets.

 

We are not currently paying U.S. federal income taxes and do not expect to pay such taxes until we fully utilize our tax net operating loss ("NOL") and credit carryforwards. We expect to pay a nominal amount of state income tax. We are paying foreign income and withholding taxes, which are reflected in Income tax expense in our Consolidated Statements of Operations and are primarily related to the cost of operating offshore activities and subsidiaries. We accrue interest and penalties related to uncertain tax positions in Income tax expense.