Income Taxes | 10. Income Taxes The provision for income taxes on income from operations for fiscal 2021 and 2020 consists of the following (in thousands): 2021 2020 Federal: Current $ — $ (915 ) Deferred — — — (915 ) State: Current 4 4 Deferred — — 4 4 Foreign: Current 546 1,705 Deferred 25 917 571 2,622 Total $ 575 $ 1,711 Income taxes on discontinued operations $ — $ — Income taxes on continuing operations $ 575 $ 1,711 Income (loss) before income taxes for fiscal 2021 and 2020 consisted of the following (in thousands): 2021 2020 U.S $ (22,694 ) $ (14,784 ) Foreign 212 6,060 $ (22,482 ) $ (8,724 ) Effective tax rate (2.6 %) (19.6 %) As a result of the adoption of ASU 2019-12 Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts of assets and liabilities for financial reporting purposes and the amounts for income tax purposes. Significant components of deferred tax assets are as follows (in thousands): January 1, January 2, Deferred tax assets: Vacation, warranty and other accruals $ 627 $ 651 Intangible amortization 282 551 Purchased technology 17 14 Inventory valuation 1,653 1,101 Equity-based compensation 1,343 1,494 Lease liability 1,659 — Net operating loss, research and other tax credit carryforwards 53,684 55,322 Other 22 30 59,287 59,163 Valuation allowance for deferred tax assets (52,703 ) (52,088 ) Total deferred tax assets 6,584 7,075 January 1, January 2, Deferred tax liabilities: Depreciation and amortization (201 ) (341 ) ROU asset (1,073 ) — Unbilled revenue — (1,399 ) Total deferred tax liabilities (1,274 ) (1,740 ) Net deferred tax assets $ 5,310 $ 5,335 As reported on the consolidated balance sheets: Non-current $ 5,310 $ 5,335 Intevac accounts for income taxes in accordance with ASC 740, Income Taxes Accounting standards also require that deferred tax assets be reduced by a valuation allowance if it is more likely than not that some portion of or all of the deferred tax assets will not be realized. Management assesses the available positive and negative evidence to estimate if sufficient future taxable income will be generated to use the existing deferred tax assets. In fiscal 2014, a valuation allowance of $9.4 million was established to record the portion of the Singapore deferred tax assets that more likely than not will not be realized. The Company concluded that, as of December 29, 2018, it is more likely than not that the Company will generate sufficient taxable income in Singapore to realize its deferred tax assets and reversed the valuation allowance during the fourth quarter of 2018. This reversal resulted in the recognition of a non-cash In fiscal 2012, a valuation allowance of $23.4 million was established to record the portion of the U.S. federal deferred tax asset that more likely than not will not be realized. For fiscal 2021 a valuation allowance increase of $1.1 million and for fiscal 2020 a valuation allowance decrease of $416,000 were recorded for the U.S. federal deferred tax assets. A valuation allowance is recorded against the entire state deferred tax assets, which consists of state income tax temporary differences and deferred research and other tax credits that are not realizable in the foreseeable future. As of January 1, 2022, our federal, foreign and state net operating loss carryforwards for income tax purposes were approximately $29.4 million, $30.2 million and $70.2 million, respectively. The federal and state net operating loss carryforwards are subject to various limitations under Section 382 of the Internal Revenue Code and applicable state tax laws. If not utilized, the federal net operating loss carryforwards and the state net operating loss carryforwards will begin to expire in 2030 and 2028, respectively. The foreign net operating loss carryforwards do not expire. As of January 1, 2022, our federal and state tax credit carryforwards for income tax purposes were approximately $20.5 million and $16.0 million, respectively. If not utilized, the federal tax credit carryforwards will begin to expire in 2022 and the state tax credits carry forward indefinitely. We account for Global Intangible Low-Taxed The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted on March 27, 2020 in the United States. The CARES Act includes several significant provisions for corporations, including the usage of net operating losses and payroll benefits. Several foreign (non-U.S.) non-U.S. Under the CARES Act, we elected to defer payment, on an interest-free basis, of the employer portion of social security payroll taxes incurred from March 27, 2020 to December 31, 2020. One-half In Singapore, Intevac receives government assistance under the Job Support Scheme (“JSS”). The purpose of the JSS is to provide wage support to employers to help them retain their local employees. During fiscal 2021, the Company received $83,000 in JSS grants, of which $56,000 is reported as a reduction of cost of net revenues, $10,000 is reported as a reduction of R&D expenses and $17,000 is reported as a reduction of selling, general and administrative expenses on the consolidated statements of income. During fiscal 2020, the Company received $567,000 in JSS grants, of which $328,000 is reported as a reduction of cost of net revenues, $90,000 is reported as a reduction of R&D expenses and $149,000 is reported as a reduction of selling, general and administrative expenses on the consolidated statement of income. The difference between the tax provision at the statutory federal income tax rate and the tax provision for fiscal 2021 and 2020 on continuing operations was as follows (in thousands): 2021 2020 Income tax at the federal statutory rate $ (4,721 ) $ (1,832 ) State income taxes, net of federal benefit 4 4 Change in valuation allowance: U.S 94 40 Foreign — — Effect of foreign operations taxed at various rates 48 (235 ) Research tax credits (1,135 ) (1,306 ) Effect of tax rate changes, permanent differences and adjustments of prior deferrals 6,285 4,461 Unrecognized tax benefits — 579 Total income tax expense on continuing operations $ 575 $ 1,711 Intevac has not provided for foreign withholding taxes on approximately $1.6 million of undistributed earnings from non-U.S. The total amount of gross unrecognized tax benefits was $718,000 as of January 1, 2022, none of which would affect Intevac’s effective tax rate if realized. The aggregate changes in the balance of gross unrecognized tax benefits were as follows for fiscal 2021 and 2020 2021 2020 Beginning balance $ 7,327 $ 7,683 Additions based on tax positions related to the current year 24 589 Decreases for tax positions of prior years (6,622 ) — Lapse of statute of limitations (11 ) (945 ) Ending balance $ 718 $ 7,327 The Company does not anticipate any changes in the amount of unrecognized tax benefits in the next twelve months. It is Intevac’s policy to include interest and penalties related to unrecognized tax benefits in the provision for income taxes on the consolidated statements of operations. During fiscal 2021 and 2020, Intevac recognized a net tax expense (benefit) of $0 and ($2,000), respectively. As of January 1, 2022 Intevac did not have any accrued interest related to unrecognized tax benefits. Intevac did not accrue any penalties related to these unrecognized tax benefits because Intevac has other tax attributes which would offset any potential taxes due. Intevac is subject to income taxes in the U.S. federal jurisdiction, and various state and foreign jurisdictions. Tax regulations within each jurisdiction are subject to the interpretation of the related tax laws and regulations and require significant judgment to apply. As of January 1, 2022, all of the tax years remained open to examination by the federal and state taxing authorities, for three The Inland Revenue Authority of Singapore (“IRAS”) conducted a review of the fiscal 2009 through 2010 tax returns of the Company’s wholly-owned subsidiary, Intevac Asia Pte. Ltd. IRAS challenged the Company’s tax position with respect to certain deductions. The Company paid all contested taxes and the related interest to have the right to defend its position under Singapore tax law. During 2019, the Company received an unfavorable decision on its appeal to the Singapore Income Tax Board of Review. The Company appealed the decision to the Singapore High Court. In October 2020, the Company received an unfavorable decision on its appeal to the Singapore High Court. Management decided not to pursue additional appeals and the matter is fully settled. Presently, there are no other active income tax examinations in the jurisdictions where Intevac operates. |