Annual report pursuant to Section 13 and 15(d)

Income Taxes

v3.22.4
Income Taxes
12 Months Ended
Dec. 31, 2022
Income Taxes  
Income Taxes

Note 7 – Income Taxes

The components of income before provision for income taxes were as follows (in thousands):

For the years ended December 31, 

    

2022

    

2021

Domestic

$

14,051

$

33,331

Foreign

 

142

 

203

Total

$

14,193

$

33,534

The components of the Company’s provision for income taxes were as follows (in thousands):

For the years ended December 31, 

    

2022

    

2021

Current:

 

  

 

  

Federal

$

$

State and local

 

808

 

564

Foreign

 

75

 

110

Total current

 

883

 

674

Deferred:

 

  

 

  

Federal

 

(429)

 

(195)

State and local

 

420

 

1,107

Foreign

 

 

Total deferred

 

(9)

 

912

Total provision for income taxes

$

874

$

1,586

The Company’s effective tax rate differs from the statutory rates as follows:

For the years ended December 31, 

 

    

2022

    

2021

Income tax provision at federal statutory rate

 

21.0%

21.0%

State and local taxes

 

7.6%

4.5%

FICA tip credit

 

(22.5)%

(7.2)%

Compensation subject to IRC Section 162(m)

 

8.6%

6.2%

Equity based compensation

(9.3)%

(7.6)%

PPP income exclusion

—%

(11.6)%

Other items, net

 

0.8%

(0.6)%

Effective income tax rate

 

6.2%

4.7%

The income tax effects of temporary differences that give rise to significant portions of deferred tax assets and liabilities are as follows (in thousands):

For the years ended December 31, 

    

2022

    

2021

Deferred tax assets:

 

  

 

  

Operating lease liabilities

$

18,871

$

17,152

Stock compensation

 

415

 

247

FICA tip credit carryforward

 

13,976

 

9,929

Net operating loss

 

3,203

 

3,290

Goodwill

 

906

 

1,055

Inventory

 

20

 

10

Charitable contributions carryforward

 

3

 

Foreign tax credit carryforward

 

622

 

382

Deferred revenue

 

190

 

165

State and local tax credit carryforward

 

135

 

310

Expenses not deductible until paid

 

298

 

1,667

IRC 163(j) disallowed interest carryforward

483

Debt issuance costs

113

143

Kona related acquisition costs

755

813

Deferred payroll taxes

281

Total deferred tax assets

 

39,990

 

35,444

Deferred tax liabilities:

 

  

 

  

Operating lease right-of-use assets

(13,974)

(13,150)

Depreciation and amortization

 

(13,064)

 

(9,605)

Other

 

(7)

 

(40)

Total deferred tax liabilities

 

(27,045)

 

(22,795)

Valuation allowance

 

(622)

(336)

Net deferred tax assets

$

12,323

$

12,313

Tax Carryforwards

As of December 31, 2022, the Company has federal net operating loss (“NOL”) carryforwards of $13.9 million which have no expiration date. The Company has various state NOL carryforwards. The determination of the state NOL carryforwards is dependent upon apportionment percentages and state laws that can change from year to year and impact the amount of such carryforwards. The state NOLs expire at various dates from 2036 to 2041. The state and local tax credit carryforwards expire at various dates from 2023 through 2029.

In assessing the realizability of deferred tax assets, the Company evaluates whether it is more likely than not that the deferred tax assets will be realized. In the assessment of the valuation allowance, appropriate consideration was given to all positive and negative evidence including current operating results, tax planning strategies and forecasts of future earnings. As of December 31, 2022 and December 31, 2021, the Company had a valuation allowance of $0.6 million and $0.3 million, respectively, related to foreign tax credits the Company does not expect to utilize as a result of generating income in a jurisdiction with a higher income tax rate than the U.S.

Uncertain tax positions

The following table summarizes the activity related to the Company’s uncertain tax positions (in thousands):

For the years ended December 31, 

    

2022

    

2021

Balance, beginning of year

$

447

$

814

Increase related to current year positions

 

 

Decrease related to prior period positions

 

(401)

 

(367)

Balance, end of year

$

46

$

447

Included in the balance of unrecognized tax benefits as of December 31, 2022 and December 31, 2021, are less than $0.1 million and $0.1 million, respectively, of tax benefits that, if recognized, would result in adjustments to deferred taxes. Management believes it is reasonably possible that a nominal amount of the uncertain tax position as of December 31, 2022 will decrease within the next twelve months.

The Company is subject to income taxes in the U.S. federal jurisdiction, and the various states and local jurisdictions in which it operates. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. The Company’s federal tax filings remain subject to examination for federal tax years 2019 through 2021. The Company’s state and local tax filings remain subject to examination for tax years 2019 through 2021. NOL carryforwards are subject to examination regardless of whether the tax year in which they are generated has been closed by statute. The amount subject to disallowance is limited to the NOL utilized. Accordingly, the Company may be subject to examination for prior NOLs generated as such NOLs are utilized.

The Company’s foreign income tax returns prior to fiscal year 2019 are closed and management continually evaluates expiring statutes of limitations, audits, proposed settlements, changes in tax law and new authoritative rulings.