Salt Forum Sessions

 

    Thursday, October 18th - Friday, October 19th, 2018  
Start End Minutes Topic Speaker(s)
7:15     Registration  
7:15     Continental Breakfast  
7:50 8:00   Welcome and Introductory Remarks  
8:00 9:00 60

Top Ten Income Tax Cases –  A perennial favorite at the Hartman SALT forum, this session will review the top 10 current and recent income tax cases that will impact the SALT world for years to come.

Lynn Gandhi, Partner, Honigman Miller Schwartz and Cohn LLP; Detroit, MI 

Hollis Hyans, Senior Counsel, Morrison & Foerster LLP; New York, NY

9:00 10:00 60 Just Passing Through – An Update on the State Tax Treatment of Pass-Through Entities – Businesses operating in pass-through entity form (e.g., partnerships, LLC’s and S corporations) are, according to IRS statistics, now responsible for generating more than 60 percent of all business income in the U.S. Yet, the state income tax treatment of these popular entities is not carefully defined or understood and can differ widely from state-to-state. This section will describe the latest state and local tax developments affecting pass-through entities, provide an overview of the unique state tax issues that impact them, address the complex state and local tax considerations brought about by federal tax reform and offer an update on state responses to the imposition of the new federal partnership audit rules. The panelists will highlight the preferential tax treatment, due process and nexus concerns raised by taxpayers choosing to operate in pass-through entity form. 

Steven Wlodychak, Principal, EY; Washington, D.C.

Bruce Ely, Partner, Bradley; Birmingham, AL

Caragh DeLuca, Partner - SALT AWM Practice Leader, PwC LLP; Chicago, IL

10:00 10:15  

Break

 

10:15 11:15 60

New World Order of Unclaimed Property – Following the promulgation of the Revised Uniform Unclaimed Property Act and the ABA Model Unclaimed Property Act, state legislators have aggressively passed new laws to “improve” the landscape – but for whom? The compliance burdens and risks of audit have both largely increased as a result of these changes.  This session will review the new world order of unclaimed property in light of the recent changes and will give guidance on how to best manage risk in this area.  

John Coalson, Partner, Alston & Bird LLP; Atlanta, GA

Patrick Reynolds, Senior Tax Counsel, Council On State Taxation; Washington, D.C.

Chris Hopkins, Partner, Crowe LLP; New York, NY 

11:15 12:15 60

Treasures in the Attic – Forgotten Favorites for Attacking Economic Nexus – With economic nexus spreading throughout the states, it is time to dust off some classic arguments to fight back against the long arm of Johnny Law.  This panel will examine well-worn concepts like due process, doing business, and the safe harbor provided by P.L. 86-272 and discuss how those protections can be used to defend against a state’s attempt to impose tax under its economic nexus provisions.  

William Backstrom, Jr., Partner, Jones Walker LLP; New Orleans, LA

June Summers Haas,  Partner, Honigman Miller Schwartz and Cohn LLP; Lansing, MI

Cara Griffith, President & CEO, Tax Analysts; Falls Church, VA 

12:15   35

Lunch – SALT: Weird as Ever – This informative and educational session will highlight the major developments in the state and local tax world.  

David Brunori, Partner, Quarles & Brady LLP; Washington, D.C. 
1:30 2:30 60 Market Based Sourcing – This is Not a Test – States are shifting to market-based sourcing and placing additional weight on the sales factor with more frequency.  Failing to properly apply market-based sourcing rules can have dire effects.  This session will take a deep dive into a few “test cases” where application of market-based sourcing is not as clear as it might seem and discuss the confusion about where a service is “delivered,” where a benefit is “received,” and the potential for taxpayers to be whipsawed by two states taking diametrically different approaches to the same market-based rules. 

Margaret Wilson, Partner, Wilson Law Group LLC; Princeton, NJ

Craig Fields, Partner, Morrison & Foerster LLP; New York, NY

Erik Burgos, State Tax Director, General Dynamics Corporation; Falls Church, VA

Arlene Gustilo, Senior Director, State and Local Tax Audits, Oracle; Pleasanton, CA

2:30 3:30 60

Alternative Apportionment, Cost of Performance, & Other Tax Gotchas  –  Given the flexibility in market-based sourcing rules, many states are finding that they can often have their cake and eat it too when it comes to applying those rules to different taxpayers.  In addition, the cost of performance rules that still exist in many states can often be applied selectively and, in combination with market states, double the tax burden on a particular taxpayer.  And, if all else fails, states always have the trump card of using alternative apportionment.  This panel will review the various ways states interpret or apply their sales factor sourcing rules to achieve their desired results and what can be done to prevent against these unwelcome efforts. 

Breen Schiller, Partner, Horwood Marcus & Berk Chartered; Chicago, IL

Stephen Jasper, Member, Bass Berry & Sims PLC; Nashville, TN

Lorie McDonald, Partner, PwC LLP; Miami, FL

3:30 3:45  

Break

 

3:45 4:45 60

Federal Tax Reform – Domestic Issues – The sweeping Tax Cuts and Jobs Act will dramatically impact state income taxes in many expected and unexpected ways.  This session will focus on the impact federal reform will have on domestic earnings and related issues, such as net operating loss issues and the ability to deduct interest expense. The panel will also discuss emerging patterns in state conformity and non-conformity with the federal tax reform and highlight the different fiscal impact the reform is expected to have at the federal and state levels. 

Douglas Lindholm, President & Executive Director, Council On State Taxation; Washington, D.C.

Harley Duncan, Managing Director, KPMG LLP; Washington, D.C.

Max Behlke, Director, Budget and Tax, National Conference of State Legislatures; Washington, D.C. 

4:45 5:45 60 Federal Tax Reform – International Issues  – This session will focus on the state tax implications of the international provisions of the Tax Cuts and Jobs Act. The panelists will discuss state conformity issues with GILTI, BEAT, FDII, and the other new concepts that federal tax reform introduced in the name of preventing base erosion and shifting to a quasi-territorial tax regime. The panel will specifically analyze the state tax ramifications of the transition tax, future cash distributions, the different approaches states are taking with GILTI income inclusion as well as FDII deductions, and consider potential constitutional issues and challenges to these international provisions. 

Jeff Friedman, Partner, Eversheds Sutherland (US) LLP; Washington, D.C.

Mark McCormick, Partner, EY; Atlanta, GA

Bruce Fort, Counsel, Multistate Tax Commission; Sante Fe, NM

5:45    

Adjourn

 
         
TOTAL DAY 515 CLE: 8.58 Hrs.;  CPE: 10.3 Hrs. (10 NASBA)   
         
      FRIDAY:  
6:15 7:45   Continental Breakfast  
7:45 8:45 60

Stranger in a Strange Land – Ethics and Multi-Jurisdictional Practice Issue –  This session will review the ethical duties imposed on state and local tax practitioners who represent clients in multiple jurisdictions. The presentation will focus on the admission-to-practice and related requirements of the ABA Model Rules of Professional Conduct, the IPT Canon of Ethics, the AICPA Statements on Standards for Tax Services, and select state ethics rules and will apply those requirements to pre-litigation activities and litigation proceedings. 

Mark Holcomb, Shareholder, Dean Mead; Tallahassee, FL

Raymond Freda, Managing Director, Andersen Tax LLC; New York, NY 

 8:45 9:45  60

Pomp vs. Goodman –  Catch up on the latest issues in state and local tax and get your daily dose of laughs as longtime bantam weight champion Professor Richard Pomp battles Jordan Goodman for the title of greatest mind – not body – in state taxes.  The never ending battle of good versus evil continues with a discussion of the latest and greatest cases and evolving trends in the SALT world.  

Rick Pomp, Professor of Law, NYU/UConn; New York, NY & West Hartford, CT

Jordan Goodman, Partner, Horwood Marcus & Berk Chartered, Chicago, IL 

9:45 10:00   Break  
10:00 11:00  60

Nexus – Wayfair…ER? Or Not? – Whether you agree with the decision or not, there is no denying that the Supreme Court’s decision in Wayfair was one of the most significant developments in the state tax world for the last several years.  This presentation will analyze the decision in detail, including a discussion of its unique jurisdictional issues related to stare decisis, a summary of what the decision means for liability and compliance burdens on buyers and sellers, and some predictions for how the decision will impact subsequent state actions and the prospects for multi-state sales tax conformity or federal legislation.  

Marilyn Wethekam, Partner, Horwood Marcus & Berk Chartered; Chicago, IL

Joe Garrett, Jr., Deputy Commissioner, Alabama Department of Revenue; Montgomery, AL

Susan Haffield, Partner, PwC LLP; Minneapolis, MN 

 11:00 12:00  60

Top Ten Sales & Use Tax Developments (other than Wayfair) – Now that you have learned everything you ever wanted to know about Wayfair, this panel will review the other top developments in sales and use tax that are likely to have significant impacts in future years. 

Loren Chumley, Principal, KPMG LLP; Nashville, TN

Scott Peterson, VP of US Tax Policy and Government Relations, Avalara; Nashville, TN

Stephen Kranz, Partner, McDermott Will & Emery; Washington, D.C.

Carolynn Kranz, Managing Member, Kranz & Associates, PLLC/ISTS; Washington, D.C.

12:00 1:00   Lunch  
1:00 2:00 60 Add-Backs and Transfer Pricing – a Case Study – After years of discussion and rumors, state transfer-pricing disputes have become part of the mainstream of state tax controversies. What were the key disputes in 2018, and what can you expect in the coming years? Panelists for this session will analyze recent cases that involved disputes about intercompany expenses and transfer pricing studies. Using those cases as examples, the panelists will discuss where the issues are right now and where these disputes are likely to head in the future.  

Clark Calhoun, Partner, Alston & Bird LLP; Atlanta, GA

Andres Vallejo, Partner, Reed Smith LLP; San Francisco, CA

Steve Young, Partner, Holland & Hart LLP; Salt Lake City, UT

2:00 3:00 60

Catch Me If You Can – Unitary Businesses, Combined Reporting, and Tax Havens – States looking to bring more revenue into their budgets are cracking down on “tax havens” and relying on concepts like unitary businesses and combined reporting to bring additional funds into the tax base. This panel will discuss the latest trends by the states and what taxpayers can do to make sure unrelated, out-of-state income stays that way.  

Arthur Rosen, Partner, McDermott Will & Emery LLP; Miami, FL/ New York, NY

Chris Whitney, Partner, PwC LLP; Sacramento, CA

 3:00      Adjourn  
TOTAL DAY 360 CLE: 6 Hrs. - CPE: 7.2 Hrs. (7 NASBA)  
         
TOTAL  WED 240 CLE: 4 Hrs. - CPE: 4.8 Hrs (4.5 NASBA)  Each session
TOTAL THURS/FRI 875 CLE: 14.58 Hrs. - CPE:  17.5 hrs. (17.5 NASBA) SALT Forum Sessions
TOTAL ALL 3 DAYS 1115 CLE:  18.58 Hrs. - CPE: 22.3 (22 NASBA) TOTAL AVAILABLE HOURS