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 |
|