Income Taxes

12 Months Ended

Dec. 25, 2016

7. INCOME TAXES

The benefit for income taxes is different from that which would be obtained by applying the statutory federal income tax rate to loss before income loss. The items causing this difference are as follows:

	December 25, 2016			December 27, 2015
Income tax benefit at federal statutory rate	$	(3,879,213	)	$	(9,029,325	)
State income tax, net of federal benefit		(438,123	)		(1,573,368	)
Permanent differences		94,123			113,574
Tax credits		(275,503	)		(288,719	)
Impact of spin-off transaction		3,727,034			-
Change in valuation allowance		771,682			10,777,838
Income tax benefit	$	-		$	-

The spin-off transaction resulted in DRH retaining the majority of the benefits from losses and credits generated by Bagger Dave’s as a result of the restructuring of Bagger Dave’s entities in 2016 but prior to the spin-off. The presentation above reflects the impact of this restructuring and subsequent spin-off that reduces the amount of the losses and credits generated by the Company in 2016 that will ultimately be utilized by the Company, and instead remained with DRH after the spin-off.

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 used for income tax purposes. Significant components of the Company’s deferred income tax assets and liabilities are summarized as follows:

	December 25, 2016			December 27, 2015
Deferred tax assets:
Net operating loss carry-forwards	$	551,029		$	12,194,528
Book depreciation in excess of tax		526,444			3,190,527
Deferred rent expense		399,916			381,231
Tax credit carry-forwards		34,438			534,973
Sale leaseback deferred gain		128,158			155,146
Accrued closure liabilities		-			424,042
State tax benefits and other		186,215			-
Total deferred tax assets		1,826,200			16,880,447
Deferred tax liabilities:
Tax depreciation in excess of book		-			-

Net deferred tax asset before valuation allowance		1,826,200			16,880,447

Valuation allowance		(1,826,200	)		(16,880,447	)

Net deferred income tax assets after valuation allowance	$	-		$	-

Cumulative net operating loss and tax credit carryforwards generated by the Company prior to Bagger Dave’s restructuring remained with DRH after the spin-off and were included in Net Transfer to Parent in the Statements of Stockholders’ Equity during the year ended December 25, 2016. Net operating loss and tax credit carryforwards generated by the Company after the restructuring but before the spin-off were retained by the Company at December 25, 2016.

In accordance with the provisions of ASC 740 a valuation allowance is established when it is more likely than not that some portion of the deferred tax assets will not be realized. Realization is dependent upon the generation of future taxable income or the reversal of deferred tax liabilities during the periods in which those temporary differences become deductible. We consider the reversal of deferred tax liabilities, projected future taxable income and tax planning strategies. We have recorded a full valuation allowance on our deferred tax assets given the negative evidence of our recent years’ history of losses. Management continually reviews the likelihood that deferred tax assets will be realized and the Company recognizes these benefits only as reassessment indicates that it is more likely than not that such tax benefits will be realized.

As of December 25, 2016, the Company has available federal and state net operating loss carryforwards of approximately $1.6 million and $1.5 million, respectively. General business tax credits of $0.1 million will expire in 2036.

The Company applies the provisions of ASC 740 regarding the accounting for uncertainty in income taxes. There are no amounts recorded on the Company’s consolidated financial statements for uncertain positions. The Company classifies all interest and penalties as income tax expense. There are no accrued interest amounts or penalties related to uncertain tax positions as of December 25, 2016.

Bagger Dave's Burger Tavern, Inc. 10-K