Annual report [Section 13 and 15(d), not S-K Item 405]

Income Taxes (Tables)

v3.26.1
Income Taxes (Tables)
12 Months Ended
Dec. 28, 2025
Income Taxes  
Schedule of components of loss before provision (benefit) for income taxes

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

For the year ended December 28,

For the year ended December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

Domestic

$

(32,851)

$

(26,383)

Foreign

 

(50)

 

22

Total

$

(32,901)

$

(26,361)

Schedule of components of provision (benefit) for income taxes

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

For the year ended December 28,

For the year ended December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

Current:

 

  ​

 

  ​

Federal

$

(66)

$

66

State and local

 

1,041

 

544

Foreign

 

232

 

143

Total current

 

1,207

 

753

Deferred:

 

  ​

 

  ​

Federal

 

52,318

 

(8,054)

State and local

 

7,159

 

(1,133)

Foreign

 

 

Total deferred

 

59,477

 

(9,187)

Total provision (benefit) for income taxes

$

60,684

$

(8,434)

Schedule of effective tax rate differs from the statutory rates

For the year ended December 28,

For the year ended December 31,

  ​ ​ ​

2025

2024

Amount

Percent

Amount

Percent

US Federal Statutory Tax Rate

$

(6,909)

21.0%

$

(5,536)

21.0%

Domestic State and Local Income Taxes, Net of Federal Effect(1)

 

7,981

(24.3)%

 

(835)

3.2%

Tax Credits

 

FICA TIP Credit

 

(7,571)

23.0%

 

(5,668)

21.5%

Nontaxable or Nondeductible items

 

FICA TIP Wages

 

1,590

(4.8)%

 

1,190

(4.5)%

Nondeductible Executive Compensation

 

433

(1.3)%

 

813

(3.1)%

Transaction Costs

 

 

931

(3.5)%

Other Nondeductible items

510

(1.6)%

384

(1.5)%

Changes in Valuation Allowance

63,897

(194.2)%

Other Adjustments

753

(2.3)%

287

(1.1)%

Effective income tax rate

 

$

60,684

(184.4)%

$

(8,434)

32.0%

(1) For the year ending December 28, 2025 and December 31, 2024, state and local income taxes in California, Florida, and New York comprise the majority of the domestic state and local income taxes.

Schedule of income tax effects of temporary differences that give rise to significant portions of deferred tax assets and liabilities

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 year ended December 28,

For the year ended December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

Deferred tax assets:

 

  ​

 

  ​

Operating lease liabilities

$

73,405

$

71,448

Stock compensation

 

379

 

361

FICA tip credit carryforward

 

57,224

 

49,407

Net operating loss

 

9,946

 

7,324

Goodwill

 

435

 

589

Inventory

 

36

 

101

Charitable contributions carryforward

 

184

 

37

Foreign tax credit carryforward

 

622

 

622

Deferred revenue

 

620

 

1,627

State and local tax credit carryforward

 

21

 

21

Expenses not deductible until paid

 

2,706

 

2,961

IRC 163(j) disallowed interest carryforward

38,287

34,002

Debt issuance costs

187

Kona Grill related acquisition costs

558

621

Total deferred tax assets

 

184,610

 

169,121

Deferred tax liabilities:

 

  ​

 

  ​

Operating lease right-of-use assets

(60,838)

(60,641)

Depreciation and amortization

 

(23,124)

 

(19,599)

Trademarks and franchise agreements

 

(30,221)

 

(30,215)

Basis in LLC interest

(39)

Other

 

(451)

 

(136)

Total deferred tax liabilities

 

(114,673)

 

(110,591)

Valuation allowance

 

(75,124)

(4,248)

Net deferred tax assets

$

(5,187)

$

54,282

Schedule of activity of uncertain tax positions

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

For the year ended December 28,

For the year ended December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

Balance, beginning of year

$

127

$

Increase related to acquisitions

 

 

127

Balance, end of year

$

127

$

127

Schedule of income taxes paid, net of refunds

The following table summarizes the Company’s income taxes paid, net of refunds, as of December 28, 2025 and December 31, 2024 (in thousands):

For the year ended December 28,

For the year ended December 31,

  ​ ​ ​

2025

  ​ ​ ​

2024

Federal

$

131

$

Aggregated state and local jurisdictions

 

171

 

45

Disaggregated state and local jurisdictions

 

Texas

306

187

Minnesota

109

Florida

80

75

New York

116

40

Pennsylvania

66

Massachusetts

49

Illinois

50

Tennessee

(28)

Foreign

 

183

 

128

Cash paid for income taxes, net of refunds

 

1,211

 

497