sales tax symposium - institute for professionals in taxation

INSTITUTE FOR PROFESSIONALS IN TAXATION®

2013 SALES TAX SYMPOSIUM

Hyatt Regency Monterey

Monterey, California

September 29 - October 2, 2013


1200 Abernathy Road

Building 600, Suite L-2

Atlanta, Georgia 30328

404/240-2300

fax: 404/240-2315

www.ipt.org

FINAL PROGRAM

2013 Sa les Tax Symposium

Welcome to Monterey, California

and to IPT’s 2013 Sales Tax Symposium

We would like to make your stay for the Symposium in Monterey as enjoyable and productive as possible. The following reminders will help you throughout your stay:

1. Included in your registration packet is a Symposium Evaluation Work-sheet. At the conclusion of the Symposium, you will receive an email to complete an online evaluation survey. The enclosed sheet is pro-vided for you to jot down items that you would like to include on the survey. Please take the time to complete this online evaluation sur-vey, since the data collected is very helpful in planning next year’s Symposium.

2. As required by credentialing bodies, IPT must now verify individual attendance at sessions in order to grant Continuing Education Credits. A scanner will be located outside of each session room. Attendees should scan the barcode on their badge within the first 15 minutes of each session. If you do not participate in the barcode scanning, IPT will not be able to verify your attendance or award any credit in the future.

3. Tickets - You will find four beverage tickets in your packet for the net-working receptions; two for Sunday, and two for Monday.

4. It is recommended that messages be left through the hotel operator for your room.

5. Tape recording of sessions is not permitted.

6. Photos will be taken at this event. Those photos may be published in IPT publications, multimedia presentations, and on our website. Your attendance at this event grants IPT the rights to publish these photos.

7. All papers presented are available on the IPT website to Symposium attendees only for viewing and printing (you should have received an email last week with your access information).

To access the papers, simply:

1. Go to www.ipt.org and click on the sign-in button on the upper right-hand corner,

2. Enter your user name and password—your name will appear in the upper right corner.

3. Click on your name. Then click on “My Participation”, select the 2013 Sales Tax Symposium to view and print program information.


Again, we hope you have a successful an relaxing stay in Monterey.

CONTINUING EDUCATION CREDIT

The Institute for Professionals in Taxation® is registered with the National As-sociation of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org. Approximately 19 continuing education credit hours, including 1.5 IPT ethics credit hours, are available for full program attendance. In accordance with the standards of the National registry of CPE Sponsors, CPE credits have been granted based on a 50-minute hour. CMIs will obtain hour-for-hour continuing education credits for attendance. Registrants who wish to obtain credit from other organizations for the symposium may use the Certificate of Attendance provided by IPT for this program.

Prerequisites: None

Program Level: Overview of Timely Sales and Use Tax Issues (Excepting Beginner Basic and CMI Review)

NASBA Field of Study: Taxation, Ethics

Instructional Method: Group Live

Institute Policies: The Institute has a long-standing policy which prohib-

its any planned hospitality suites or entertaining by individual members for business solicitation purposes.

All social events are scheduled by the Institute, and each member’s participa-tion in these activities is most appreciated. Members attending the Symposi-um should make every effort to attend each social and business function, thereby supporting the organization.

The Institute has a policy prohibiting non-IPT literature and distribution of gifts and the solicitation of business during the Symposium. Use of IPT registra-tion lists (any school, symposium, seminar or conference registration list or Membership Directory) for business solicitation is also prohibited.

The Institute is an organization that promotes professional certification, edu-cation, ethical practices, and discussion of issues of mutual concern with oth-er tax professionals. IPT does, however, prohibit the solicitation of business at Institute functions. Because this is difficult to define, it is requested that, if you feel that you are being solicited, please advise the person soliciting you that his or her solicitation is unwanted. If the behavior persists, please notify the IPT staff immediately so the matter can be directly addressed.

We expect that all attendees will comply fully with these official policy posi-tions of the IPT Board of Governors.


EXECUTIVE DIRECTOR

Cass D. Vickers

CORPORATE COUNSEL

Lee A. Zoeller, CMI, Esq.

Reed Smith LLP

Immediate Past President

Paul A. Wilke, CMI Weingarten Realty Investors

Carolyn L. Carpenter, CMI

International Paper Company

Kyle Caruthers The Coca-Cola Company

Garfield A. Grant, CMI, CPA

DuCharme, McMillen & Associates, Inc.

Rick H. Izumi, CMI ITA, LLC

Kenneth R. Marsh, CMI

TransCanada Pipelines Limited

William J. McConnell, CMI, CPA, Esq. General Electric Company

Faranak Naghavi, CPA

Ernst & Young LLP

Andrew P. Wagner, JD, LLM FedEx Corporation

Allan J. Wells, CMI

ABB inc.

OFFICERS

President

Arlene M. Klika, CMI Schneider National, Inc.

First Vice President

Arthur E. Bennett, CMI Property Tax Assistance Co., Inc.

Second Vice President

Margaret C. Wilson, CMI, Esq. Reeder Wilson LLP

2013 - 2014 BOARD OF GOVERNORS

BOARD OF GOVERNORS


Loren L. Chumley

Principal

KPMG LLP

Nashville, Tennessee

Elizabeth Creager, CPA

Executive Director - Transaction Tax

AT&T

San Antonio, Texas

Diana M. DiBello

Director, Tax Solutions

De Lage Landen

Wayne, Pennsylvania

Clark Hemingway, CMI

Senior Exams Analyst

General Electric Company

Fort Myers, Florida

Roy Hui, CMI

Managing Director

Thompson Tax & Associates, LLC

Sacramento, California

Timmy Hulin, CMI

Director of Audits

Didier Consultants

Zachary, Louisiana

Angela K. Mathis, CMI

Sales and Use Tax Manager

Davidson Hotels and Resorts

Memphis, Tennessee

Marla B. Northcut, CMI, CPA

Manager, Sales and Use Tax

International Paper Company

Memphis, Tennessee

Gina M. Pizzo, CMI

Senior Director

Alvarez & Marsal Taxand, LLC

Houston, Texas

Carolyn Campbell Shantz, CMI, CPA

(Chair)

Tax Manager

Superior Energy Services, Inc.

Houston, Texas

Doug Sigel, Esq. (Vice Chair)

Ryan Law Firm LLP

Austin, Texas

Scott Steinbring, CPA

Partner - State & Local Tax

Grant Thornton LLP

Houston, Texas

Dwayne Van Wieren, CPA

Partner

Deloitte Tax LLP

Los Angeles, California

Marilyn A. Wethekam, Esq.

Partner

Horwood Marcus & Berk, Chartered

Chicago, Illinois

Michael R. Woznyk, CMI

Principal

Ernst & Young LLP

New York, New York

PROGRAM COMMITTEE


PROGRAM SPONSORS

APEX Analytix

DSTax, LLC

DuCharme, McMillen & Associates, Inc.

Dynamic Tax Solutions

EY

Grant Thornton LLP

Madsen Goldman & Holcomb, LLP

Marvin F. Poer and Company

McGladrey LLP

Messina Multistate Tax LLC

MK STRATEGIES

Pritchett Sales & Use Tax Consulting

Reed Smith LLP

Ryan

Ryan Law Firm, LLP

SC&H Group, LLC

Sumit Credits, LLC

YETTER

RECEPTION SPONSORS

Alston & Bird, LLP

Grant Thornton LLP

Industry Sales Tax Solutions, LLC

McDermott Will & Emery LLP


PROGRAM-AT-A-GLANCE

SUNDAY

2:30pm-4:00pm Beginner Basic Regency 4-6

4:15pm-5:30pm CMI - Sales Tax Review Regency 4-6

6:00pm-7:30pm Welcoming Reception Regency Main/Foyer

MONDAY

6:30am-8:00am Continental Breakfast Monterey Ballroom

8:30am-9:00am Symposium Opening - Scan your badge Regency Ballroom Main

9:00am-10:15am Golden State Gumbo-What’s New at the

California State Board of Equalization

Regency Ballroom Main

10:15am-10:30am Break

10:30am-11:30am Top 10 Tax Cases and Issues - Scan your

badge


11:30am-1:00pm Lunch Monterey Ballroom

1:30pm-2:45pm Breakout Sessions - Scan your badge

Ask the Experts-FL, GA, TN Windjammer I-II

Outwit, Outplay, Outsource: A Survivor’s

Guide to Outsourcing Contracts from a

SALT Perspective *

Oaktree

FAS 5/ASC 450 * Big Sur

Industry Issues-Manufacturing * Spyglass

Oil & Gas: Sales and Use Tax Issues for

Upstream & Midstream Operations and

Oil Field Services *

Regency IV

Wading through the Murky Waters of

Local Taxation *

Cypress

Audit Preparation and Management * Regency V-VI

Impact of Utility Studies on Sales and Use

Tax

Windjammer III-IV

2:45pm-3:15pm Break

3:15-4:30pm Breakout Sessions - Scan your badge

Ask the Experts-CA, WA * Windjammer I-II

Ask the Experts-IL, MO, OH Windjammer III-IV

Ask the Experts-LA, TX * Regency IV

The Next Frontier: Data Analytics for Indi-

rect Tax

Regency V-VI


PROGRAM-AT-A-GLANCE

MONDAY

FAS 5/ASC450 * Spyglass

Industry Issues-Manufacturing * Big Sur

Credits & Incentives from A-Z Oaktree

Avoiding the “Wheels Off” Sample Audit:

Questions Answered Lessons Learned,

Experiences Shared *

Cypress

6:00pm-7:30pm Reception Monterey Ballroom

TUESDAY


8:00am-9:00am Mock Trial: You Can’t Tax This - Scan

your badge


9:00am-10:00am Make Your Own Magic! Regency Ballroom Main

10am-10:30am Break

10:30am-11:45 Breakout Sessions - Scan your badge

Ask the Experts-LA, TX * Regency IV

Integrating Tax Departments??? Are you

Kidding me… Why Bother? On Second

Thought, Maybe That’s a Good Idea

Windjammer III-IV

Assessing Your Options Post Assess-

ment *

Oaktree

Industry Issues-Retail, Hospitality and

Restaurant

Big Sur

Audit Preparation and Management * Cypress

Avoiding the “Wheels Off” Sample Audit:

Questions Answered, Lessons Learned,

Experiences Shared *

Spyglass

Emerging Issues and ‘The New Normal’

in Unclaimed Property Law

Windjammer I-II

Where is it at? Cloud, Software & Data Regency Ballroom Main

11:45-12:45pm Lunch Monterey Ballroom


Ask the Experts—NJ, NY, PA Windjammer I-II

Outwit, Outplay, Outsource: A Survivor’s

Guide to Outsourcing Contracts from a

SALT Perspective *

Windjammer III-IV


PROGRAM-AT-A-GLANCE

TUESDAY

Current Developments in State Exemp-

tions, a State by State Comparison *

Cypress

Industry Issues-Construction, Leasing and

Services

Big Sur

Oil & Gas: Sales and Use tax Issues for

Upstream & Midstream Operations and

Oil Field Services *

Oaktree

Wading through the Murky Waters of

Local Taxation *

Spyglass

Social Media for the Tax Professional Regency IV

Sourcing and Nexus for Services-What

are the rules and how can you make

them work in your business

Regency V-VI

2:15pm-2:45pm Break


Ask the Experts-CA, WA * Oaktree

Automating Accounts payable Accruals

Without Interfering With Accounts paya-

ble *

Regency IV

Current Developments in State Exemp-

tions, a State by State Comparison *

Big Sur

Industry Issues-Energy and Utilities * Windjammer I-II

Industry Issues-Telecom (for Sellers and

Users)

Spyglass

Sales and Use Tax Issues with Mergers

and Acquisitions *

Cypress

Sales Tax Planning: Contracts-What Eve-

ry Sales Tax Professional Needs to Know

and Why *

Regency V-VI

Getting Your Business Partners to Think

Tax-Get Included!

Windjammer III-IV


Assessing Your Options Post Assess-

ment*

Spyglass


PROGRAM-AT-A-GLANCE

TUESDAY

You Need a Ticket for That… how best

to communicate with IT

Oaktree

Industry Issues - Energy and Utilities* Windjammer I-II

All in the Family: Don't Be a Meathead

When It Comes to Intercompany Trans-

actions

Big Sur

Sales and Use Tax Issues with Mergers

and Acquisitions *

Cypress

Automating Accounts Payable Accruals

Without Interfering With Accounts Paya-

ble *

Windjammer III-IV

Practical Process Improvement within

Sales and Use Tax

Regency V-VI

What is the Tax Base? Defining the

Sale

Regency IV

WEDNESDAY


8:30am-10:00am Double Dare Live-IPT Style! How Well

Do You Understand the IPT Canons of

Ethics? - Scan you badge


10:00-10:30am Break

10:30-11:45am Breakout Sessions - Scan your badge

Learning a New Language . . .

‘Accounting’

Oaktree

Sales Tax / Value Added Tax: Compare

and Contrast

Regency V-VI

Pay it Forward… Excise and Stealth

Taxes

Windjammer I-II

Industry Issues - Health Sciences Windjammer III-IV

Barbarians at the Gate – “Utilizing State

Promoted Programs such as Managed Au-

dits, Percentage Based Reporting and Vol-

untary Disclosures in order to Manage Your

Audit Risk

Cypress


PROGRAM-AT-A-GLANCE

WEDNESDAY

Sales Tax Planning: Contracts- What Every

Sales Tax Professional Needs to Know

and Why *

Spyglass

Property Tax For Sales Tax Professionals Regency IV

Sales Tax - Technology Transfer Agree-

ments & Software

Big Sur

As required by regulatory agencies, IPT must verify individual attendance at sessions in order to grant Continuing Education Credits. Each attendee’s name badge has a unique bar code that identifies that individual. In order to obtain CE credit, the individu-al must have his or her bar-coded badge scanned during the first 15 minutes of each session. No credit for the session will be given to un-scanned attendees. Lost name badges should be reported immediately to the registration desk for a replacement. Each attendee will be able to request a copy of his or her scanned attendance (Certificate of Attendance) through the IPT website on the “My Participation” tab ap-proximately two weeks after the end of the program. IPT has requested continuing legal education credit for this program in the state of California. Many states have reciprocal agreements – it is up to each individual to check with the appropriate organ-ization regarding information on obtaining CLE credit as an individual. Additional ques-tions regarding CLE should be directed to Christina Webb via e-mail at: [email protected]. The number of CLE hours of credit awarded depends upon the or-ganization/state.

The number of CLE hours of credit awarded depends upon the organization/state.

Lobby Level

GETTING AROUND

mailto:[email protected]


GETTING AROUND

Second Floor

First Floor


2:30 pm-4:00 pm Beginner Basic This session provides a basic overview of sales and use taxes, in-cluding the distinction between sales taxes and use taxes. Funda-mental principles governing sales and use taxes will be discussed, including: when a company is subject to a state’s sales or use tax; the distinction between sales and use taxes; what constitutes a sale; what is a retail sale (including withdrawal from stock); basic definition of tangible personal property; what is meant by statute of limitations and what exemptions commonly exist for sales and use taxes. These principles and other items of interest to tax professionals who are new to the sales and use tax practice will be addressed during an open discussion. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the major differences between a sales tax and a use tax

► Distinguish the four major types of sales taxes and their character-istics;

► Distinguish the two types of compensating use taxes; ► Understand the difference between intrastate and interstate com-

merce, and the origin of use taxes; ► Recognize some basic sales and use tax concepts including the

definition of tangible personal property, nexus creating activities, common exemptions, and the applicability of the statute of limita-tions.

Speakers: Michael Campbell Johns Manville Linda A. Falcone, CMI Ryan, LLC

4:15 pm-5:30 pm CMI - Sales Tax Review This session provides a review of the Sales/Use Tax professional Certified Member of the Institute ("CMI") designation certification program. This session will review the structure of the written exam, as well as the requirements for obtaining this designation. This ses-sion will also provide an overview of the study tools a tax profession-al can utilize to better prepare for attaining this designation, and will provide an overview of the IPT Code of Ethics. Learning Objectives: At the end of this session, the learner will be able to: ► Recognize the fundamentals of the CMI Sales Tax Designation

including the requirements, what concepts are included in the ex-am and how the exam is conducted;

► Understand what tools are available to assist with preparation for the exam;

SUNDAY, September 29, 2013


SUNDAY continued

► Identify the various elements of the IPT Code of Ethics.

Speakers: CMI Committee Representatives

6:00 pm-7:30 pm Welcoming Reception Reception Co-Sponsors:

Alston & Bird, LLP Grant Thornton LLP

6:30 am-8:00 am Continental Breakfast

8:30 am-9:00 am Opening of Symposium Linda A. Falcone, CMI IPT Past President, Institute For Professionals In Taxation ® Carolyn Campbell Shantz, CMI, CPA - Symposium Chair Doug Sigel, Esq. - Symposium Vice Chair

9:00 am-10:15 am General Session

Golden State Gumbo – What’s New at the California State Board of Equalization This session provides a panel discussion on a variety of topics, in-cluding current legislation, rulings and case law. Panel members will also highlight the agency’s administrative appeals process. The Cali-fornia State Board of Equalization’s (BOE’s) five Board Members, constitute the nation’s only elected tax commission. Learning Objectives: At the end of this session, the learner will be able to: ► Gain an understanding of the impact of recent California sales and

use tax legislation, rulings and case law; ► Identify opportunities for effective and efficient audits; ► Obtain an appreciation of the BOE’s appeals process.

Speakers: Cynthia Bridges California State Board of Equalization Randy Ferris, Esq. California State Board of Equalization Jeffrey L. McGuire California State Board of Equalization

MONDAY, September 30, 2013


10:30am-11:30am General Session Top 10 Tax Cases and Issues Taxpayers continue to battle the states over substantive and procedural issues in courthouses and at state legislatures. Economic pressures on the states and taxpayers have fueled controversies. This session will review the results of the battles about the most important issues over the last year and predict future developments with a focus on how these law changes will affect your business. The speakers will highlight the positive as well as the negative trends over the last year. Learning Objectives: At the end of this session, the learner will be able to: ► Analyze key decisions and legislative actions that have established

new law; ► Determine the potential positive and negative effects of these new

developments; ► Analyze the steps that need to be taken to protect their company’s

rights and opportunities and minimize future risks created by these developments.

Speakers: Mark W. Eidman, Esq. Ryan Law Firm, LLP Arthur R. Rosen, Esq. McDermott Will & Emery LLP Joseph A. Vinatieri, Esq. Bewley, Lassleben & Miller

11:30am-1:00pm Lunch

1:30 pm-2:45 pm Breakout Sessions (8)

Ask the Experts - Florida, Georgia, Tennessee This session provides an opportunity to ask the experts about specific state issues. Submitting questions prior to the session allows a more informed discussion. Questions received prior to session will receive preference.

Learning Objectives: At the end of this session, the learner will be able to: ► Receive expert responses to tax questions raised for this jurisdiction-

al area. ► Obtain knowledge of recent trends/changes in tax related to these

jurisdictional areas.

Speakers: Clark R. Calhoun, Esq. Alston & Bird, LLP

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Brett R. Carter, Esq. Bradley Arant Boult Cummings, LLP

Mark E. Holcomb, Esq. Madsen Goldman & Holcomb, LLP

Outwit, Outplay, Outsource: A Survivor’s Guide to Outsourcing Contracts from a SALT Perspective (Offered Twice) More and more companies are entering into outsourcing or co-sourcing arrangements with affiliates and non-affiliates. There is often very little consideration of the state and local tax issues that arise from outsourcing. This session will focus on the nature of ar-rangements, the sales and use tax issues, and lessons learned (both opportunities and pitfalls).

Learning Objectives: At the end of this session, the learner will be able to: ► Identify the SALT issues that arise in outsourcing; ► Understand about the importance of outsourcing contract terms to

the proper treatment of tax issues; ► Evaluate the different options under outsourcing contracts to ad-

dress tax issues.

Speakers:

Curtis J. Osterloh, Esq., CPA Scott, Douglass & McConnico, L.L.P.

Michael D. Sontag, Esq. Bass, Berry & Sims, PLC

FAS 5/ASC450 (Offered Twice) Indirect taxes currently account for more than 75% of global busi-ness taxes, and this amount is expected to increase over the coming decade. Despite this, most businesses continue to focus their finan-cial accounting resources on direct taxes and ASC 740 matters, and lack a clear process for identifying and dealing with their indirect tax and ASC 450 issues. This session will focus on the practical as-

pects of ASC 450, discuss how it affects your company’s tax de-partment functions and decisions, and provide useful insight regarding planning and setting reserves.

Learning Objectives: At the end of this session, the learner will be able to: ► Identify and recognize indirect tax issues that should be evaluated

under ASC 450; ► Recognize when an issue should be considered remote, possible,

or probable, and understand the associated ASC 450 impact; ► Understand methods for calculating estimates under ASC 450; ► Manage the ASC 450-related operating tax issues for your compa-

ny.


Speakers: Faranak Naghavi, CPA Ernst & Young LLP

Industry Issues - Manufacturing (Offered Twice) This session will focus on the latest judicial and legislative develop-ments applicable to manufacturing audit and compliance issues unique to audits and refund claims of manufacturers, best practices for compli-ance and refund claims for manufacturers, and an open discussion of auditor treatment of various manufacturing issues. Learning Objectives: At the end of this session, the learner will be able to: ► Understand a general overview of manufacturing and manufacturing

related exemptions; ► Identify trends to be found in recent legislation, rulings, audit; and ► Understand how to prepare for and manage sales and use tax audits

including refund claims related to manufacturing issues.

Speakers: Denton Childs Tyson Foods Adam Scheele, CMI Deloitte Tax LLP

Oil & Gas: Sales and Use Tax Issues for Upstream & Midstream Operations and Oil Field Services (Offered Twice) Oil/gas operations in the shale states involve significant capital expend-itures which lead to a variety of sales and use tax issues. The objec-tives of this session are to enlighten the audience by “drilling deeper” into the current sales/use tax issues in the shale states where the ma-jority of capital expenditures are spent domestically. Additionally, solu-tions to the issues will be “explored” with the audience, and sharing, “gathering” and “distributing” knowledge during the session is intended to provide the audience with valuable insight regarding the complex sales and use tax issues in the growing field of oil and gas exploration and production. The speakers will discuss a variety of issues from both exploration/production and midstream perspectives, including issues related to oil field services. Learning Objectives: At the end of this session, the learner will be able to: ► Understand primary types of significant capital expenditures related to

oil/gas upstream and midstream operations that are relevant to sales/use tax, especially in “shale states” (e.g., Colorado, Louisiana, New Mexico, North Dakota, Oklahoma, Pennsylvania, Texas and Wyo-ming);

► Develop a further understanding of key sales/use tax implications

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MONDAY continued

related to a variety of issues faced by oil/gas companies with up-stream and midstream operations, and oilfield services;

► Identify opportunities to minimize sales/use tax liabilities and max-imize sales/use tax exemptions related to significant expenditures incurred by oil/gas upstream and midstream operations.

Speakers: Cris Crixell, CPA Enbridge Energy Company, Inc. Douglas B. Esmond, CMI, CPA EOG Resources, Inc.

Wading through the Murky Waters of Local Taxation (Offered Twice) States with local taxes can have numerous different taxing authori-ties that potentially have separate tax assessment, collection and appeals procedures and jurisdictional boundaries. This session, with special focus on Colorado, Louisiana and Alabama, will explore these procedural issues and expose the traps that await the unwary tax professional. Learning Objectives: At the end of this session, the learner will be able to: ► Recognize important differences between state and local proce-

dures; ► Understand procedures for protesting and appealing assessments

with local authorities; ► Manage the local compliance process; ► Understand local refund procedure; ► Handle audits conducted by contract auditors.

Speakers: Andre B. Burvant, Esq., CPA Jones Walker LLP Bruce M. Nelson, CPA EKS&H, LLP

Audit Preparation and Management (Offered Twice) This session is designed to give the tax professional, with some ex-posure to the tax audit process, additional tools and insights that will enhance his or her skills in managing state and local tax audits. The practical aspects of managing audits as well as the human side of audit management will be discussed. Learning Objectives: At the end of this session, the learner will be able to: ► Understand and respect the auditor’s perspective; ► Properly prepare for the tax audit;


► Anticipate possible refund or credit opportunities and leverage the audit process to realize them;

► Anticipate possible negative findings and employ sensible damage control techniques;

► Understand different techniques to keep the audit moving; ► Ensure that you get what you need from the auditor to defend your

position, where possible, and sell the results, where necessary.

Speakers: Jeff McGhehey, CPA The Home Depot James Speed Thompson Tax & Associates, LLC

Impact of Utility Studies on Sales and Use Tax We use utilities each day to heat and light our offices, industrial facili-ties, hotels, etc. What if you could save money by exempting a portion of these monthly budget items? YOU CAN. This session will explore sales and use tax exemptions for electricity and natural gas. Which states provide sales and use tax exemptions? What documentation is required to claim the exemption? What prompts the need for a utility study or predominant use study? This session will focus on the state sales and use tax exemptions available for natural gas and electricity, utility studies, and state-to-state exemption implementation nuances.

Learning Objectives: At the end of this session, the learner will be able to: ► Understand a general overview of exemptions available for electricity

and natural gas; ► Understand the mechanism for obtaining sales and use tax exemp-

tions; ► Identify some state specific statutes and their corresponding utility

study requirements.

Speakers: Joe Brunecz, CPA Veyance Technologies, Inc. Patricia G. Tuite Deloitte Financial Advisory Services LLP


Ask the Experts - California, Washington (Offered Twice) This session provides an opportunity to ask the experts about specific state issues. Submitting questions prior to the session allows a more informed discussion. The questions received prior to session will re-ceive preference. Learning Objectives:

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MONDAY continued

At the end of this session, the learner will be able to: ► Receive expert responses to tax questions raised for this jurisdic-

tional area. ► Obtain knowledge of recent trends/changes in tax related to these


Speakers: Reid Okimoto KPMG LLP Joseph A. Vinatieri, Esq. Bewley, Lassleben & Miller

Ask the Experts - Illinois, Missouri, Ohio This session provides an opportunity to ask the experts about specific state issues. Submitting questions prior to the session allows a more informed discussion. Questions received prior to session will receive preference. Learning Objectives: At the end of this session, the learner will be able to: ► Receive expert responses to tax questions raised for this jurisdic-



Speakers: Jim Kranjc, CPA Ryan, LLC Janette M. Lohman, Esq., CMI, CPA Thompson Coburn LLP David L. Moore, CPA American Electric Power Service Corporation

Ask the Experts - Louisiana, Texas (Offered Twice) This session provides an opportunity to ask the experts about specific state issues. Submitting questions prior to the session allows a more informed discussion. Questions received prior to session will receive preference. Learning Objectives: At the end of this session, the learner will be able to: ► Receive expert responses to tax questions raised for this jurisdic-



Speakers:


Jesse R. Adams, III, Esq. Jones Walker LLP Damon Chronis Ryan, LLC

The Next Frontier: Data Analytics For Indirect Tax Analytics is all the rage and tax is not to be left behind. Leveraging the vast quantity of enterprise data and the latest in analytics tools to move tax from the world of what happened to the world of what should hap-pen. Analytics, data management, and collaboration tools make it easi-er to identify, understand, and derive value from your indirect tax com-pliance and planning data with the addition of foresight. The session will focus on the current and future roles of tax data analytics in the indirect tax space thereby enhancing the opportunity to contribute to the bottom line. Learning Objectives: At the end of this session, the learner will be able to: ► Better Understand Tax – Record-to-Report; ► Better Understand Tax Analytics – Setting the Founda-tion; ► Better Understand Mechanics – Data Extraction/Tool Creation; ► Better Understand Indirect Tax Data Analytics Tools – What they can

do for you (Demo); ► Better Understand Global Approach. Speakers:

Nick Gonnella Deloitte Tax LLP Sam Guevara KPMG LLP

FAS 5/ASC450 (Offered Twice) Indirect taxes currently account for more than 75% of global business taxes, and this amount is expected to increase over the coming decade. Despite this, most businesses continue to focus their financial account-ing resources on direct taxes and ASC 740 matters, and lack a clear process for identifying and dealing with their indirect tax and ASC 450 issues. This session will focus on the practical aspects of ASC 450, discuss how it affects your company’s tax department functions and decisions, and provide useful insight regarding planning and setting reserves. Learning Objectives: At the end of this session, the learner will be able to: ► Identify and recognize indirect tax issues that should be evaluated

under ASC 450; ► Recognize when an issue should be considered remote, possible, or

MONDAY, continued


MONDAY continued

probable, and understand the associated ASC 450 impact; ► Understand methods for calculating estimates under ASC 450; ► Manage the ASC 450-related operating tax issues for your compa-

ny.

Speakers: Faranak Naghavi, CPA Ernst & Young LLP

Industry Issues - Manufacturing (Offered Twice) This session will focus on the latest judicial and legislative develop-ments applicable to manufacturing audit and compliance issues unique to audits and refund claims of manufacturers, best practices for compliance and refund claims for manufacturers, and an open discussion of auditor treatment of various manufacturing issues. Learning Objectives: At the end of this session, the learner will be able to: ► Understand a general overview of manufacturing and manufacturing

related exemptions; ► Identify trends to be found in recent legislation, rulings, audit; and ► Understand how to prepare for and manage sales and use tax au-

dits including refund claims related to manufacturing issues. Speakers: Denton Childs Tyson Foods Adam Scheele, CMI Deloitte Tax LLP

Credits & Incentives from A-Z Credits and incentives are an important tool to help a business add significant value to its bottom line. Executed correctly, the tax person-nel responsible for the impact will come out looking good. This ses-sion will discuss best practices for obtaining and maintaining various types of credits and incentives in today’s economic environment. The panelists will cover key factors in identifying and negotiating credits and incentives to effectively obtain the benefit on the front-end, as well as the efforts that can be undertaken to ensure compliance and full realization of the benefit on the back-end. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the types of credits and incentives and the different

methods to obtain them; ► Understand the best practices in negotiating credits and incentives; ► Understand the best practices and available technology to manage

compliance for credits and incentives; ► Avoid common foot-faults that preclude a business from receiving


the full value of credits and incentives; ► Develop best practices suitable for a company’s business.

Speakers: Mary T. Benton, Esq. Alston & Bird, LLP Eric D. Geisler Economic Incentives Services, LLC

Avoiding the ‘Wheels Off’ Sample Audit: Questions Answered, Lessons Learned, Experiences Shared (Offered Twice) The focus of this session will be to minimize negative outcomes when inappropriate sampling methods are used in sales and use tax audits. The session will begin with the speakers providing their advice and sharing their wisdom about ways to avoid a “wheels off” sample audit. The remainder of the session will be devoted to addressing questions submitted by session participants prior to the meeting and responding to participants’ questions asked during the session. Session partici-pants will be encouraged to submit brief descriptions of their experienc-es with sample audits and what they learned from the experiences. This information will be presented in the session so that everyone can share in the lessons learned from these experiences. When registration is completed for the Symposium, participants indicating their intention to attend this session will be contacted and encouraged to submit their audit sampling questions and issues, and to submit brief descriptions of sample audits gone badly and the lessons learned from these experi-ences. Plan on attending this session for lively and dynamic discussion about audit sampling – the good, the bad and the ugly! Learning Objectives: At the end of this session, the learner will be able to: ► Utilize best practices in planning and managing sample audits to in-

sure that they proceed smoothly; ► Learn how to avoid mistakes that lead to sample audits going badly; ► Recognize current burning issues in audit sampling and how to ad-

dress them. Speakers: Carolynn Iafrate Kranz, JD, CPA Industry Sales Tax Solutions, LLC Roger C. Pfaffenberger, Ph.D. Ryan, LLC

6:00 pm-7:30 pm Reception Reception Co-Sponsors:

Industry Sales Tax Solutions, LLC McDermott Will & Emery LLP

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TUESDAY, October 1, 2013

6:30 am-8:00 am Continental Breakfast 8:00 am-9:00 am General Session

Mock Trial: You Can’t Tax This

This session is a mock trial conducted by an experienced and enter-taining group of attorney presenters who will focus on traditional sales tax issues related to nexus, tax base, and sourcing– including a seller’s obligation to collect tax in multiple states on the same transac-tion. The attendees will serve as the jury in deciding the outcome of the trial on these cutting edge issues. Don’t miss this entertaining session. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the evidentiary challenges created by the various is-

sues covered in the mock trial; ► Determine whether traditional nexus concepts are applicable to new

forms of marketing; ► Identify the object of the transaction at issue in the mock trial; ► Recognize issues facing sellers as multiple states attempt to tax the

same transaction.

Speakers: William M. Backstrom, Jr., Esq. Jones Walker LLP Jordan M. Goodman, Esq., CPA Horwood Marcus & Berk Chartered Carolynn Iafrate Kranz, JD, CPA Industry Sales Tax Solutions, LLC Stephen P. Kranz, Esq. McDermott Will & Emery LLP

9:00 am-10:00 am General Session Make Your Own Magic! Our popular guest speaker and “Success Strategist”, Jonathan Edi-son, will share his proven strategies and techniques to reignite the core beliefs of your organization, provide skills for staying innovative and progressive, and creating a healthy, vibrant corporate culture. He will entertain the audience while providing tactics for better decision making, and making the most out of who you are and obtaining the results you desire!

Learning Objectives: At the end of this session, the learner will be able to: ► Focus on Belief: How to re-engage and establish belief systems that

determine success in life.


► Focus on Imagination: Understanding that imagination is at the heart of business success and how to inspire creative expression in your employees.

► Focus on Enthusiasm: How to create contagious enthusiasm within your group and maintain it yourself.

► Focus on Passion: How to rekindle passion in the workplace by providing opportunities for internal and external growth.

► Focus on Resourcefulness: How to recognize and tap resources that lead to improved organization and the development of trusted quality systems.

► Focus on Intuition: How to clear the ego blocks and doubt that silence in our inner voice.

Speaker: Jonathan Edison Dallas, Texas

10:30 am-11:45 am Breakout Sessions (8)

Ask the Experts - Louisiana, Texas (Offered Twice) This session provides an opportunity to ask the experts about specific state issues. Submitting questions prior to the session allows a more informed discussion. Questions received prior to session will receive preference. Learning Objectives: At the end of this session, the learner will be able to: ► Receive expert responses to tax questions raised for this jurisdictional

area. ► Obtain knowledge of recent trends/changes in tax related to these

jurisdictional areas. Speakers: Jesse R. Adams, III, Esq. Jones Walker LLP Damon Chronis Ryan, LLC

Integrating Tax Departments??? Are you kidding me … why both-er? On second thought, maybe that’s a good idea. A variety of issues arise with company mergers or acquisitions that may impact the overall sales/use tax compliance function. The speakers will discuss a variety of issues and ideas to consider with respect to sales/use tax, including compliance matters such as nexus, registrations and reporting, as well as discuss aspects to consider with respect to pro-cesses, systems and operations. Learning Objectives: At the end of this session, the learner will be able to: ► Understand primary types of issues to consider following a company

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merger or acquisition with respect to sales/use tax matters; ► Develop a further understanding of key procedures and steps to

take to address sales/use tax implications following a merger or acquisition;

► Identify opportunities to improve various aspects of the sales/use tax compliance function following a company merger or acquisition.

Speakers: James T. Breedlove, CPA Shell U.S. Tax Organization E. Kay Karr, CPA Exxon Mobil Corporation

Assessing Your Options Post Assessment (Offered Twice) With the states’ need for increased revenue and the focus on sales and use tax compliance, taxpayers and their advisors must be able to respond and efficiently resolve the audits and resulting assessments. Often it is necessary to litigate assessments, but careful evaluation and management of litigation as well as proper risk-analysis is essen-tial. This session will discuss the development of audit and post audit strategies including when and how to evaluate, prepare for, and pre-vail in litigation. Learning Objectives: At the end of this session, the learner will be able to: ► Learn how to evaluate at what level the audit should be resolved; ► Identify and implement the best audit and litigation practices in re-

gards to: record retention and the strategic structure of your profes-sional team;

► Learn and discuss about an effective litigation strategy.

Speakers: Geoffrey L. Thorpe, Esq. Chevron Corporation

Frank A. Yanover, Esq. General Electric Capital Corp. Aaron M. Young, CMI, Esq. Reed Smith LLP

Industry Issues - Retail, Hospitality, and Restaurant This session will focus on the hot topics concerning taxability, compli-ance, and audit issues that are unique to the retail industry, the lodg-ing industry, the food and beverage industry, and multi-channel busi-ness models that include these industries. The presentation will cover latest cases, rulings, and legislation. Special topics include Stored value cards, loyalty programs, systems and resources. Because of the size and complexities of these industries, sales tax audits have


been numerous with auditors being more aggressive. We will discuss these trends and what companies can do to better prepare for audits. Learning Objectives: At the end of this session, the learner will be able to: ► Understand a general overview of each of the industries: retail, lodg-

ing, and restaurant; ► Identify current trends, developments, and issues found in recent leg-

islation, rulings and case law; ► Identify best practices for dealing with the industry issues; ► Discuss potential targeted opportunities applicable to the industries; ► Recognize both the auditors’ aggressive audit tactics along with re-

fund opportunities. Speakers: Paula Borhauer, CMI, CPA Starbucks Coffee Company Mitchell E. Bryk Starwood Hotels and Resorts Worldwide, Inc. John T. Dalton, CMI, CPA Wal-Mart Stores, Inc. Giles B. Sutton, Esq., CPA Grant Thornton LLP

Audit Preparation and Management (Offered Twice) This session is designed to give the tax professional, with some expo-sure to the tax audit process, additional tools and insights that will en-hance his or her skills in managing state and local tax audits. The prac-tical aspects of managing audits as well as the human side of audit management will be discussed. Learning Objectives: At the end of this session, the learner will be able to: ► Understand and respect the auditor’s perspective; ► Properly prepare for the tax audit; ► Anticipate possible refund or credit opportunities and leverage the

audit process to realize them; ► Anticipate possible negative findings and employ sensible damage

control techniques; ► Understand different techniques to keep the audit moving; ► Ensure that you get what you need from the auditor to defend your

position, where possible, and sell the results, where necessary.

Speakers: Jeff McGhehey, CPA The Home Depot

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James Speed Thompson Tax & Associates, LLC

Avoiding the ‘Wheels Off’ Sample Audit: Questions Answered, Lessons Learned, Experiences Shared (Offered Twice) The focus of this session will be to minimize negative outcomes when inappropriate sampling methods are used in sales and use tax audits. The session will begin with the speakers providing their advice and sharing their wisdom about ways to avoid a “wheels off” sample audit. The remainder of the session will be devoted to addressing questions submitted by session participants prior to the meeting and responding to participants’ questions asked during the session. Session partici-pants will be encouraged to submit brief descriptions of their experi-ences with sample audits and what they learned from the experienc-es. This information will be presented in the session so that everyone can share in the lessons learned from these experiences. When regis-tration is completed for the Symposium, participants indicating their intention to attend this session will be contacted and encouraged to submit their audit sampling questions and issues, and to submit brief descriptions of sample audits gone badly and the lessons learned from these experiences. Plan on attending this session for lively and dynamic discussion about audit sampling – the good, the bad and the ugly!

Learning Objectives:

At the end of this session, the learner will be able to: ► Utilize best practices in planning and managing sample audits to

insure that they proceed smoothly; ► Learn how to avoid mistakes that lead to sample audits going badly; ► Recognize current burning issues in audit sampling and how to ad-

dress them.

Speakers: Carolynn Iafrate Kranz, JD, CPA Industry Sales Tax Solutions, LLC Roger C. Pfaffenberger, Ph.D. Ryan, LLC

Emerging Issues and ‘The New Normal’ in Unclaimed Property Law Unclaimed property has been a rapidly developing area over the past few years and those developments present both opportunities and risks. This session will briefly cover the basics of unclaimed property, including property types, the jurisdictional property rules, dormancy standards and general compliance. This session will further address emerging issues and trends in unclaimed property, including but not limited to, the Uniform Law Commission project related to the revising or amending the Uniform Unclaimed Property Act, the Delaware Sec-retary of State VDA program, new state industry-focused audit initia-


tives, unclaimed property issues associated with e-commerce, and what companies should be doing to address future compliance in the “new normal.” Learning Objectives: At the end of this session, the learner will be able to: ► Identify emerging issues and trends in unclaimed property; ► Identify opportunities and areas of risk; ► Develop an understanding of best practices for future compliance and

ways to improve existing policies and procedures. Speakers: Matthew P. Hedstrom, Esq. Alston & Bird, LLP Patricia Barganier Thorn Barganier and Associates

Where is it at? Cloud, Software & Data Current external market drivers such as mobility, customer demand, big data and analytics, cost efficiencies, and the dynamic economy make cloud-enabled business transformation inevitable. It affects the way companies consume software and hardware, it affects core business operations (e.g., HR, Finance, IT), it affects the availability of data needed for essential tax functions, and it can affect the overall tax and tax compliance related costs associated with doing business in the cloud. Are you ready for your company’s cloud-enabled transfor-mation? Learning Objectives: At the end of this session, the learner will be able to: ► Learn what measures the states have adopted to address the busi-

ness’s adoption of the Cloud; ► Learn how to identify and address the issues that evolving in a cloud-

enabled business transformation. Speakers: Ana Malvar, Esq. Microsoft Licensing G.P. Reid Okimoto KPMG LLP

11:45 am-12:45pm Lunch 1:00 pm-2:15 pm Breakout Sessions (8)

Ask the Experts - New Jersey, New York, Pennsylvania This session provides an opportunity to ask the experts about specific state issues. Submitting questions prior to the session allows a more informed discussion. Questions received prior to session will receive

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preference. Learning Objectives: At the end of this session, the learner will be able to: ► Receive expert responses to tax questions raised for this jurisdic-



Speakers: James A. Bartek, CPA Alvarez & Marsal Taxand, LLC Aaron M. Young, CMI, Esq. Reed Smith LLP

Outwit, Outplay, Outsource: A Survivor’s Guide to Outsourcing Contracts from a SALT Perspective (Offered Twice) More and more companies are entering into outsourcing or co-sourcing arrangements with affiliates and non-affiliates. There is of-ten very little consideration of the state and local tax issues that arise from outsourcing. This session will focus on the nature of arrange-ments, the sales and use tax issues, and lessons learned (both op-portunities and pitfalls). Learning Objectives: At the end of this session, the learner will be able to: ► Identify the SALT issues that arise in outsourcing; ► Understand about the importance of outsourcing contract terms to

the proper treatment of tax issues; ► Evaluate the different options under outsourcing contracts to ad-

dress tax issues.

Speakers: Curtis J. Osterloh, Esq., CPA Scott, Douglass & McConnico, L.L.P.

Michael D. Sontag, Esq. Bass, Berry & Sims, PLC

Current Developments in State Exemptions, a State by State Comparison (Offered Twice) For years, one of the main areas of focus for state and local tax audi-tors has been on taxpayers' administrative and substantive compli-ance with sales and use tax exemption rules. During this session, the speakers will lead a practical state by state comparison, discussing the similarities and differences in the substance of various exemp-tions. The speakers will analyze recent guidance which has an im-pact on exemption principles. Emphasis will also be placed on com-pliance measures and administrative burdens, and how they differ by


state, in order to ensure that a taxpayer can utilize exemptions available to them.

Learning Objectives: At the end of this session, the learner will be able to: ► Identify how exemptions vary in particular jurisdictions; ► Ascertain how recent guidance affects existing exemptions; ► Recognize compliance concerns and understand how to avoid the

disallowance of an exemption due to administrative issues.

Speakers: Jennifer S. Goldstein, Esq. Reed Smith LLP


Industry Issues - Construction, Leasing and Services What makes these industries different than a traditional manufacturer or retailer of TPP? What are the latest law changes, cases and audit trends for businesses in these industries? What do you do to make sure you limit exposure or overpayment when you are a consumer of these types of products or services? This session will cover the basics con-cepts of tax basis and tax treatment for transactions in construction, leasing and services. This session will also include tax management and audit strategies for both the seller and consumer of these products and services.

Learning Objectives: At the end of this session, the learner will be able to: ► Understand the key areas concern for Sales and Use Tax manage-

ment in these industries; ► Identify the most recent sales and use tax trends for these industries; ► Develop understanding of tax management and audit strategies for

tax departments in these industries and for consumers of the services provided in these industries.

Speakers: Arthur C.E. Burkard, CMI, Esq. Grant Thornton LLP

Carlos V. Hernandez General Electric Capital Corp.

Oil & Gas: Sales and Use Tax Issues for Upstream & Midstream Operations and Oil Field Services (Offered Twice) Oil/gas operations in the shale states involve significant capital expendi-tures which lead to a variety of sales and use tax issues. The objec-tives of this session are to enlighten the audience by “drilling deeper” into the current sales/use tax issues in the shale states where the ma-jority of capital expenditures are spent domestically. Additionally, solu-tions to the issues will be “explored” with the audience, and sharing,

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“gathering” and “distributing” knowledge during the session is intend-ed to provide the audience with valuable insight regarding the com-plex sales and use tax issues in the growing field of oil and gas explo-ration and production. The speakers will discuss a variety of issues from both exploration/production and midstream perspectives, including issues related to oil field services.

Learning Objectives: At the end of this session, the learner will be able to: ► Understand primary types of significant capital expenditures related

to oil/gas upstream and midstream operations that are relevant to sales/use tax, especially in “shale states” (e.g., Colorado, Louisi-ana, New Mexico, North Dakota, Oklahoma, Pennsylvania, Texas and Wyoming);

► Develop a further understanding of key sales/use tax implications related to a variety of issues faced by oil/gas companies with up-stream and midstream operations, and oilfield services;

► Identify opportunities to minimize sales/use tax liabilities and max-imize sales/use tax exemptions related to significant expenditures incurred by oil/gas upstream and midstream operations.

Speakers: Cris Crixell, CPA Enbridge Energy Company, Inc.

Douglas B. Esmond, CMI, CPA EOG Resources, Inc.

Wading through the Murky Waters of Local Taxation (Offered Twice) States with local taxes can have numerous different taxing authorities that potentially have separate tax assessment, collection and appeals procedures and jurisdictional boundaries. This session, with special focus on Colorado, Louisiana and Alabama, will explore these proce-dural issues and expose the traps that await the unwary tax profes-sional. Learning Objectives: At the end of this session, the learner will be able to: ► Recognize important differences between state and local proce-

dures; ► Understand procedures for protesting and appealing assessments

with local authorities; ► Manage the local compliance process; ► Understand local refund procedure; ► Handle audits conducted by contract auditors.


Speakers: Andre B. Burvant, Esq., CPA Jones Walker LLP Bruce M. Nelson, CPA EKS&H, LLP

Social Media for the Tax Professional The use of social media outlets such as Twitter, LinkedIn and Facebook has exploded on the scene and has opened up a new era of communi-cation between professionals. Unsurprisingly, tax professionals and their practice areas are not immune from the impact of social media. This panel will discuss the various aspects of social media that are af-fecting the tax marketplace and participate in a tutorial of how to use these resources more effectively. The presentation will cover both what’s going on, perspectives from various functional leaders, and what you can do to position yourself for success when it comes to social net-working. Learning Objectives: At the end of this session, the learner will be able to:

► Better understand how tax professionals can and are using social media;

► Gain a working knowledge of the various social media net-works being used by tax professionals;

► Learn tips on how to use social media outlets more efficiently; ► Understand the pitfalls of social media that professionals must avoid.

Speakers: Brett R. Carter, Esq. Bradley Arant Boult Cummings, LLP Rusty Little, CMI, CPA Dixon Hughes Goodman LLP

Sourcing and Nexus for Services – What are the rules and how can you make them work in your business? Tax administrators claiming a service to be taxable in the state often neglect whether the service provider is actually present in the state or the service actually is sufficiently connected to and occurs in the taxing state. Service providers analyzing their risk of tax liability in any state must give equal attention to nexus and sourcing rules and issues, par-ticularly now that many service transactions occur in the “cloud.” In response to the changing nature of such services, the landscape in the area of nexus and sourcing is also changing and evolving. Several states have enacted new laws, and even more of them are relying on administrative regulations and rulings to adopt diverse and often incon-sistent nexus and sourcing regimes, not to mention the impact of SSU-TA on member states. Service providers are left with inconsistent rules

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and no easy way to implement the rules in their business. This presentation will (1) Analyze and try to make sense of the major SALT nexus and sourcing developments applicable to both traditional and “cloud” services and products; (2) Suggest potential strategies and opportunities for service providers to successfully navigate in this di-verse landscape and defend against improper nexus and sourcing approaches and (3) Develop methods to track and apply the rules to their business so that correct taxation can be applied to the transac-tions. Those attending this session will learn the various creative ap-proaches states are taking to assert that the service provider has es-tablished substantial nexus in the state or that the service is sourced to the state in order to establish sales tax liability, and what business-es need to understand in order to cope with or defend themselves from such varied nexus and sourcing approaches. Learning Objectives: At the end of this session, the learner will be able to: ► Understand key nexus and sourcing foundational concepts and poli-

cy issues; ► Become familiar with recent state efforts to develop and articulate

nexus and sourcing rules for providers of traditional and “cloud” services and products;

► Become aware of the constitutional and other legal issues raised by state attempts to apply traditional nexus and sourcing concepts to “cloud” services and products;

► Learn methods to tracking nexus creation based on service activi-ties;

► Develop practical approaches to taxation of services when “apportionment” or “allocation” of the revenue applies;

► Be updated on the latest federal efforts to affect SALT nexus and sourcing approaches for all types of service providers.

Speakers: James P. Kratochvill, Esq. Morrison & Foerster, LLP Diane L. Yetter, CPA YETTER™ - tax meets technology


Ask the Experts - California, Washington (Offered Twice) This session provides an opportunity to ask the experts about specific state issues. Submitting questions prior to the session allows a more informed discussion. The questions received prior to session will re-ceive preference. Learning Objectives: At the end of this session, the learner will be able to: ► Receive expert responses to tax questions raised for this jurisdic-

tional area.


► Obtain knowledge of recent trends/changes in tax related to these jurisdictional areas.

Speakers: Reid Okimoto KPMG LLP Joseph A. Vinatieri, Esq. Bewley, Lassleben & Miller

Automating Accounts Payable Accruals Without Interfering With Accounts Payable (Offered Twice) Thinking of automating the use tax accrual process? When is it appro-priate to automate and what is the best approach to use? This session will tell tax professionals what they need to know about your organiza-tion and AP process before taking the big step and walk through the steps involved with automation.


At the end of this session, the learner will be able to: ► Understand the automation decision making process – when to auto-

mate use tax accruals; ► Know the various approaches to automating the use tax accrual pro-

cess; ► Be able to describe the architecture and main pros and cons of each

approach; ► Determine the most beneficial approach for use tax automation for

your organization; ► Understand why and how AutoZone automated their use tax accrual

process.

Speakers: Jason Abney AutoZone, Inc. Richard Hofrichter, CMI, CPA Grant Thornton LLP

Current Developments in State Exemptions, a State by State Com-parison (Offered Twice) For years, one of the main areas of focus for state and local tax audi-tors has been on taxpayers' administrative and substantive compliance with sales and use tax exemption rules. During this session, the speakers will lead a practical state by state comparison, discussing the similarities and differences in the substance of various exemptions. The speakers will analyze recent guidance which has an impact on exemption principles. Emphasis will also be placed on compliance measures and administrative burdens, and how they differ by state, in order to ensure that a taxpayer can utilize exemptions available to them.

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Learning Objectives: At the end of this session, the learner will be able to: ► Identify how exemptions vary in particular jurisdictions; ► Ascertain how recent guidance affects existing exemptions; ► Recognize compliance concerns and understand how to avoid the

disallowance of an exemption due to administrative issues.

Speakers: Jennifer S. Goldstein, Esq. Reed Smith LLP


Industry Issues - Energy and Utilities (Offered Twice) Energy and Utility companies remain at the top of the list for legisla-tive changes in the sales tax area. This session will focus on hot topics in the energy and utility industries, including a discussion of the recent cases, rulings and legislation. The panel will focus on both regulated and non-regulated operations, with a special empha-sis on renewable energy and discuss potential areas of opportunity. Because of the size, complexities and growth of these industries, state tax audits have been numerous and the auditors are being ag-gressive. However, the industry has expanded well beyond the tradi-tional utility companies, as new technology, government policies, and capital investment brings opportunities to qualify for exemptions, ex-clusions, and incentives.

Learning Objectives: At the end of this session, the learner will be able to: ► Understand trends in the energy and utility sectors, generally; ► Discuss selected state tax legislation, rulings and case law; ► Identify emerging tax issues applicable to alternative energy and

alternative fuels; ► Contrast the types of tax issues in regulated versus non-regulated

companies; ► Recognize refund opportunities.

Speakers: Hal Kessler, Esq. Deloitte Tax LLP David L. Moore, CPA American Electric Power Service Corporation

Industry Issues - Telecom (for Sellers and Users) The communications industry is ever-changing and evolving. Tax de-partments must keep pace with understanding the current technolo-gies along with the introduction of leading-edge products and ser-


vices. Decisions must then be made as to the taxability of those prod-ucts and services balanced by high profile customer care issues. The convergence of communications, data, and information services makes the taxing process very complex. Many issues also reside on the pur-chasing side including the taxability of the equipment to provide telecom services and the potential issues regarding resale and exempt services. The speakers will address an array of audit issues from both the sales and purchase sides as well as discuss potential planning opportunities. Learning Objectives: At the end of this session, the learner will be able to: ► Identify major communications tax issues from both the sales and

purchasing standpoints; ► Recognize current auditing trends from various state and local taxing

authorities; ► Understand the difficulties and nuances of attempting to properly tax

evolving telecommunications services.

Speakers: Jim Kranjc, CPA Ryan, LLC Steven Shashack, CPA AT&T

Sales and Use Tax Issues with Mergers and Acquisitions (Offered Twice) In a typical acquisition of a business, regardless of whether it is treated as sale of assets, stock, partnership or other types of equity interests, a tremendous amount of time and energy is put into the federal income tax consequences of the transaction both by buyers, sellers and their respective counsel and tax advisors. Often neglected, at their peril, are the indirect tax consequences to the transaction. None are more star-tling than the impact of state sales and use taxes. Not only are they surprised to learn that sales and use tax could apply to the transaction itself, but that states impose successor liability on the acquirer of a busi-ness, regardless of the transaction form, that vary dramatically from the income tax rules as well as from state to state. In this session, we’ll discuss general principles regarding sales tax in various types of trans-actions and the crucial state by state exemptions upon which taxpayers can rely to avoid such taxes (e.g., understand when an occasional, iso-lated or casual sale exemption applies, when it does not and a discus-sion of the wide variance in state approaches to this issue.) We’ll also offer practical approaches to undertaking due diligence on the selling business from a sales and use tax perspective to provide comfort that sales tax exposures can be quantified and perhaps offset through vari-ous contractual techniques (e.g., indemnities, representations, escrows and purchase price adjustments). Learning Objectives:

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At the end of this session, the learner will be able to: ► Differentiate among the different state sales and use tax rules that

apply to different types of business acquisition transactions as well as the applicability of important exemptions from sales tax that can be used to limit potential exposure;

► Understand when and how state sales tax successor liability stat-utes apply to different transaction types;

► How to approach any type of proposed transaction (e.g., asset, stock, acquisition of DRE, Section 338(h)(10) elections, taxable, tax-free) and develop an effective due diligence strategy to identify latent and undisclosed sales and use tax liabilities and then pro-pose various methods to assess, quantify and mitigate any identi-fied exposure.

Speakers: Julie Stakenburg, CPA Accenture Steven N.J. Wlodychak Ernst & Young LLP

Sales Tax Planning: Contracts- What Every Sales Tax Profes-sional Needs to Know and Why (Offered Twice) Many tax professionals are regularly called upon by the legal depart-ment or their business clients to review contracts and other transac-tional documents to hopefully minimize, or at least identify, the com-pany’s exposure to sales or use taxes. Additionally, tax professionals need to be aware of evolving business operations, new initiatives, and the effects of acquisitions or reorganizations. Because many transac-tions are completed on tight deadlines, each tax professional should have a working knowledge of what issues must be considered and addressed. A tax professional should also have an understanding of the language that should be included in the final transaction docu-ments and how to avoid, or at least address, potential sales tax is-sues. Learning Objectives: At the end of this session, the learner will be able to: ► Identify sales tax issues that arise in many common everyday trans-

actions and in the drafting of transaction documents; ► Understand the potential pitfalls of not reviewing and understanding

the terms of your company’s everyday contracts; ► Understand how to address potential sales tax issues during negoti-

ations and when reviewing a contract or other transactional docu-ments;

► Recommend potential solutions to identified sales tax issues; ► Understand how to assist the legal department and outside counsel

in providing and reviewing applicable language to address potential sales tax issues in the transaction documents;

► Recognize the importance of planning and evaluating the tax im-


pacts from the integration of a newly acquired entities and the im-pacts of reorganizations with the company’s departments (e.g. legal, finance, human resources, IT, etc).

► Understand the importance of preparation and planning before a com-pany goes public or pursues an exit strategy;

► Identify the benefits of proactive activities to identify issues, expo-sures, process improvements, and opportunities to improve the sales/use tax compliance process and prepare for audits.

Speakers: Jesse R. Adams, III, Esq. Jones Walker LLP James B. Levinson, CPA PricewaterhouseCoopers, LLP

Getting Your Business Partners to Think Tax – Get Included! Indirect taxes have a direct, above the line financial impact upon your business Tax departments sometimes struggle to obtain a seat at the table and obtain recognition within the executive suite. This session will examining the different avenues and approaches to highlight the value of your Tax Department’s to other business segments within your company including Legal, Business Development, IT, Sourcing, Market-ing and Sales.

Learning Objectives: At the end of this session, the learner will be able to: ► Assist in-house tax practitioners to identify different ways to convey

their Department’s value to other business segments; ► Effectively communicate the need to “connect the dots” between vari-

ous past, current and proposed business activities and their tax con-sequences to minimize or eliminate negative tax consequences or provide controllership around those impacts to identify and correctly comply with related potential compliance obligations.

Speakers: Anna Lee NBC Universal William J. Taylor, III, Esq. Turner Broadcasting System, Inc.

4:15 pm-5:30 pm Breakout Sessions (8) Assessing Your Options Post Assessment (Offered Twice) With the states’ need for increased revenue and the focus on sales and use tax compliance, taxpayers and their advisors must be able to re-spond and efficiently resolve the audits and resulting assessments. Often it is necessary to litigate assessments, but careful evaluation and management of litigation as well as proper risk-analysis is essential. This session will discuss the development of audit and post audit strate-

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gies including when and how to evaluate, prepare for, and prevail in litigation. Learning Objectives: At the end of this session, the learner will be able to: ► Learn how to evaluate at what level the audit should be resolved; ► Identify and implement the best audit and litigation practices in re-

gards to: record retention and the strategic structure of your profes-sional team;

► Learn and discuss about an effective litigation strategy.

Speakers: Geoffrey L. Thorpe, Esq. Chevron Corporation Frank A. Yanover, Esq. General Electric Capital Corp. Aaron M. Young, CMI, Esq. Reed Smith LLP

You Need a Ticket for That… how best to communicate with IT. Have you ever wondered why it is so hard to get what you need from IT? From the gathering of requirements to the request of data, it seems that something always gets lost in translation. If you often hear from your IT resources phrases such as, “that is a change request, the system is performing as designed” or the ever popular “you need a ticket for that… I can’t do anything for you,” and the timeless re-sponse “why do you need all that detail?” then this session is for you. The speakers include the author of, IT That Matters: An Executive’s Guide to maximizing the strategic value from your IT investment, and an accounting firm IT project consultant who will provide hints and strategies for ensuring your IT projects run smoothly from beginning to end. This session will cover the eight imperatives that leaders must imprint into their organizations’ cultures, look at integrated and opti-mized organizations, and lay out a plan where dollars spent on IT yields a measurable return. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the most common challenges that tax departments

have when communicating with IT; ► Identify strategies for success in defining project requirements and

tax department needs; ► Develop a plan to address the attendees most pressing communica-

tion challenges associated with IT.


Speakers: Michael J. Pongracz PricewaterhouseCoopers, LLP Dennis G. Ravenelle Harvard University

Industry Issues - Energy and Utilities (Offered Twice) Energy and Utility companies remain at the top of the list for legislative changes in the sales tax area. This session will focus on hot topics in the energy and utility industries, including a discussion of the recent cases, rulings and legislation. The panel will focus on both regulated and non-regulated operations, with a special emphasis on renewable energy and discuss potential areas of opportunity. Because of the size, complexities and growth of these industries, state tax audits have been numerous and the auditors are being aggressive. However, the indus-try has expanded well beyond the traditional utility companies, as new technology, government policies, and capital investment brings opportu-nities to qualify for exemptions, exclusions, and incentives. Learning Objectives: At the end of this session, the learner will be able to: ► Understand trends in the energy and utility sectors, generally; ► Discuss selected state tax legislation, rulings and case law; ► Identify emerging tax issues applicable to alternative energy and al-

ternative fuels; ► Contrast the types of tax issues in regulated versus non-regulated

companies; ► Recognize refund opportunities.

Speakers: Hal Kessler Deloitte Tax LLP David L. Moore, CPA American Electric Power Service Corporation

All in the Family: Don't Be a Meathead When It Comes to Intercom-pany Transactions. Businesses often trip into tax trouble by forgetting that the legal entity boundary lines among affiliates are meaningful for transaction taxes. While some states exempt affiliate transactions, many do not. Internal reorganizations and out-sourcing require careful transaction tax review. Our panel will discuss these topics, and also address the question that transaction tax authorities are beginning to ask: "What is the business objective for this affiliate transaction?" Learning Objectives: At the end of this session, the learner will be able to: ► Learn where affiliate transaction pitfalls crop up, and learn how to

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avoid them; ► Optimize the structuring of planned reorganizations to cover sales

tax issues; ► Get out ahead of issues such as affiliate nexus, defining the nature

of the transaction, setting proper "prices" (e.g., is mark-up re-quired?) and more.

Speakers: Andrew P. Wagner, JD, LLM FedEx Corporation Margaret C. Wilson, CMI, Esq. Reeder Wilson LLP

Sales and Use Tax Issues with Mergers and Acquisitions (Offered Twice) In a typical acquisition of a business, regardless of whether it is treat-ed as sale of assets, stock, partnership or other types of equity inter-ests, a tremendous amount of time and energy is put into the federal income tax consequences of the transaction both by buyers, sellers and their respective counsel and tax advisors. Often neglected, at their peril, are the indirect tax consequences to the transaction. None are more startling than the impact of state sales and use taxes. Not only are they surprised to learn that sales and use tax could apply to the transaction itself, but that states impose successor liability on the acquirer of a business, regardless of the transaction form, that vary dramatically from the income tax rules as well as from state to state. In this session, we’ll discuss general principles regarding sales tax in various types of transactions and the crucial state by state exemp-tions upon which taxpayers can rely to avoid such taxes (e.g., under-stand when an occasional, isolated or casual sale exemption applies, when it does not and a discussion of the wide variance in state ap-proaches to this issue). We’ll also offer practical approaches to under-taking due diligence on the selling business from a sales and use tax perspective to provide comfort that sales tax exposures can be quan-tified and perhaps offset through various contractual techniques (e.g., indemnities, representations, escrows and purchase price adjust-ments). Learning Objectives: At the end of this session, the learner will be able to: ► Differentiate among the different state sales and use tax rules that

apply to different types of business acquisition transactions as well as the applicability of important exemptions from sales tax that can be used to limit potential exposure;

► Understand when and how state sales tax successor liability stat-utes apply to different transaction types;

► How to approach any type of proposed transaction (e.g., asset, stock, acquisition of DRE, Section 338(h)(10) elections, taxable, tax-free) and develop an effective due diligence strategy to identify


latent and undisclosed sales and use tax liabilities and then propose various methods to assess, quantify and mitigate any identified expo-sure.

Speakers: Julie Stakenburg, CPA Accenture Steven N.J. Wlodychak Ernst & Young LLP

Automating Accounts Payable Accruals Without Interfering With

Accounts Payable (Offered Twice)

Thinking of automating the use tax accrual process? When is it appro-priate to automate and what is the best approach to use? This session will tell tax professionals what they need to know about your organiza-tion and AP process before taking the big step and walk through the steps involved with automation.

Learning Objectives: At the end of this session, the learner will be able to: ► Understand the automation decision making process – when to auto-

mate use tax accruals; ► Know the various approaches to automating the use tax accrual pro-

cess; ► Be able to describe the architecture and main pros and cons of each

approach; ► Determine the most beneficial approach for use tax automation for

your organization; ► Understand why and how AutoZone automated their use tax accrual

process.

Speakers: Jason Abney AutoZone, Inc. Richard Hofrichter, CMI, CPA Grant Thornton LLP

Practical Process Improvement within Sales and Use Tax This session identifies the most common errors in sales and use tax processing and provides effective best practices and strategies to miti-gate compliance risk. The discussion will identify the most common errors experienced by Fortune 500 companies, arm you with proven best practices to address core issues and provide a number of effective strategies to implement best practices within your organization regard-less of your current staff size or workload.


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At the end of this session, the learner will be able to: ► Identify the most common error rates and root causes within sales

and use tax processing; ► Understand industry best practices to mitigate risk caused by higher

error rates; ► Quantify the risk and benefit of inaction versus change; ► Develop key strategies to implement best practices; ► Be aware of this: Are you correcting the same invoices year after

year, with limited time to address the source of the issue? Many tax departments are plagued with the redundancy of dealing with higher error rates due to lack of internal compliance and are never able to focus on creating savings for their organization through stra-tegic initiatives.

Speakers:

Damon Chronis Ryan, LLC

Lynn L. Monsalvatge, CMI The Home Depot

What is the Tax Base? Defining the Sale After determining that a transaction is taxable, the next most im-portant step in the process is determining what amounts are taxable. This session provides a basic overview of tax base for sales and use taxes. Fundamental principles governing tax base for sales and use taxes will be discussed, including: definition of a sale, definition of tangible personal property, exclusions from tax base, exemptions from tax base, intangibles as it relates to the tax base, real property as it relates to tax base, and services as it relates to tax base.

Learning Objectives: At the end of this session, the learner will be able to: ► Understand the definition of a sale; ► Understand the definition of tangible personal property; ► Distinguish between the tax base for tangible personal property and

real property; ► Understand intangibles in relation to tax base; ► Recognize the need for separation of services from tangible person-

al property; ► Comprehend the importance of establishing exemptions applicable

to the tax base.

Speakers: Susan K. Haffield, CPA PricewaterhouseCoopers, LLP

B.J. Pritchett, CMI Pritchett Sales and Use Tax Consulting


7:00am-8:30am Continental Breakfast

8:30am-10:00am General Session

Double Dare Live-IPT Style! How Well Do You Understand the IPT Canons of Ethics? The contestants in this session will answer multiple choice and other questions involving the IPT’s Canons of Ethics with the help of their audience-team. Will the answers differ under the ABA Model Code of Professional Responsibility and the American Society of Certified Public Accountants’ Standards of Professional Conduct? Answer carefully‼! Contestants will be slimed depending on whether YOU-the audience-get it right!

Learning Objectives: At the end of this session, the learner will be able to: ► Gain a better understanding of the IPT Canons of Ethics; ► Gain a better understanding of how the IPT Canons are compared to

other nationally recognized standards of professional responsibility; ► Have some fun with the panelists along the way!

Speakers: Jaye A. Calhoun, Esq. McGlinchey Stafford PLLC

Janette M. Lohman, Esq., CMI, CPA Thompson Coburn LLP

10:30am-11:45am Breakout Sessions (8)

Learning a New Language . . . “Accounting” Does it seem like the accountants in your company speak in a foreign language? If you’ve ever wanted to better understand what they’re talk-ing about, this is the session for you. Every sales tax transaction has an effect on your company’s financial statements. In this session the speakers will discuss how making a taxable purchase or paying tax affects the bottom line. This session is designed for sales tax profes-sionals who don’t have an accounting background or who just need a little refresher. Learning Objectives: At the end of this session, the learner will be able to: ► Recognize and relate to business transactions through a debit and

credit process; ► Understand the accounting entries needed to record sales and use

transactions; ► Appreciate how sales and use transactions affect your company’s

financial statements; ► Distinguish between different types of transactions; ► Assess the validity of balance in ledger accounts; ► Communicate with accounting and other professionals with a busi-

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ness entity about issues related to financial management and strat-egies.

Speakers: Daniel E. Ernst American Electric Power Service Corporation Michael D. Mast The J.M. Smucker Company

Sales Tax / Value Added Tax: Compare and Contrast This session will provide participants with an overview of the similari-ties and differences between US sales and use tax vs. worldwide val-ue added taxes. We will compare and contrast doing business in the manufacturing, banking/finance and E-commerce business segments under both regimes by examining the growth of a business from es-tablishing in the US to a Global operations. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the basics of VAT as compared to US sales and use

tax; ► Identify VAT and sales and use tax compliance issues that arise

when doing business within and outside the US; and, ► Recognize how proper accounting, tax software, and proper ac-

counts payable and receivable training will save your company on transaction taxes.

Speakers: Carlos V. Hernandez General Electric Capital Corp. Erik Van der Hoeven Ernst & Young LLP

Pay it Forward… Excise and Stealth Taxes To pass it on or not pass it on… is that the question? There is often confusion in how excise taxes are applied, managed and reported. Are these taxes, fees and surcharges passed on to the buyer or must they be baked into the sales price? This session will cover the basic concepts of these tax types and explore why they are often referred to as stealth taxes. The presenters will provide some best practices rec-ommendations for management and compliance. This session will also include the latest trends in audit and legislation at both the Fed-eral and Local Tax levels. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the key features of an excise tax and other similar

stealth taxes;


► Identify some of the most popular impositions and how they should be managed;

► Develop understanding of similarities and differences between Sales and Use taxes and excise taxes.

Speakers: Frank A. Falvo, Esq. Deloitte Tax LLP Robert D. Jones Ryan, LLC

Industry Issues - Health Sciences Participants attending this session will obtain a basic understanding of various tax issues related to health care providers and medical device makers. The speakers will discuss the taxability of sales and purchas-es of prescription drugs, over-the-counter drugs, prosthetic devices, durable medical equipment and various medical supplies in a multistate environment, including the different ways in which state and local juris-dictions administer exemptions. The speakers will discuss recent cas-es, rulings and trends within the industry. The speakers will also dis-cuss healthcare provider taxes and the newly enacted medical device tax. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the differences in taxability of various medical products; ► Gain insight into the myriad of healthcare provider taxes; ► Understand the new medical device excise tax and determine its ap-

plicability.

Speakers: Albert J. Babbitt President State Tax Services, LLC Las Vegas, Nevada

Ronnie V. Gregory, CPA

Tax Director, Multistate Tax Services Deloitte Tax LLP Nashville, Tennessee

Barbarians at the Gate – “Utilizing State Promoted Programs such as Managed Audits, Percentage Based Reporting and Voluntary Disclosures in order to Manage Your Audit Risk Companies are dedicating an increasing amount of time and resources to sales and use tax audit defense. Participants attending this session will obtain an understanding of the benefits to entering into a managed audit program, managed compliance agreement, or voluntary compli-




ance agreement. This session will cover steps required in order to make an informed decision on whether these programs will be benefi-cial to your company, including communication with management, resource needs, and audit management. The instructors will also pre-sent their views regarding the pros and cons of entering into these programs. Learning Objectives: At the end of this session, the learner will be able to: ► Identify states that offer sales and use tax managed audit, man-

aged compliance agreements, and voluntary disclosure agree-ments;

► Learn how to determine if these programs are beneficial to your department;

► Identify program details and what steps are involved in the process; ► Learn how to communicate with management regarding selection of

program, support from other departments, and status; ► Understand strategies to expedite the program process.

Speakers: Adael Acosta National Grid James A. Bartek, CPA Alvarez & Marsal Taxand, LLC

Sales Tax Planning: Contracts- What Every Sales Tax Profes-sional Needs to Know and Why (Offered Twice) Many tax professionals are regularly called upon by the legal depart-ment or their business clients to review contracts and other transac-tional documents to hopefully minimize, or at least identify, the com-pany’s exposure to sales or use taxes. Additionally, tax professionals need to be aware of evolving business operations, new initiatives, and the effects of acquisitions or reorganizations. Because many transac-tions are completed on tight deadlines, each tax professional should have a working knowledge of what issues must be considered and addressed. A tax professional should also have an understanding of the language that should be included in the final transaction docu-ments and how to avoid, or at least address, potential sales tax is-sues. Learning Objectives: At the end of this session, the learner will be able to: ► Identify sales tax issues that arise in many common everyday trans-

actions and in the drafting of transaction documents; ► Understand the potential pitfalls of not reviewing and understanding

the terms of your company’s everyday contracts; ► Understand how to address potential sales tax issues during negoti-

ations and when reviewing a contract or other transactional docu-ments;


► Recommend potential solutions to identified sales tax issues; ► Understand how to assist the legal department and outside counsel in

providing and reviewing applicable language to address potential sales tax issues in the transaction documents;

► Recognize the importance of planning and evaluating the tax impacts from the integration of a newly acquired entities and the impacts of reorganizations with the company’s departments (e.g. legal, finance, human resources, IT, etc).

► Understand the importance of preparation and planning before a com-pany goes public or pursues an exit strategy;

► Identify the benefits of proactive activities to identify issues, expo-sures, process improvements, and opportunities to improve the sales/use tax compliance process and prepare for audits.

Speakers: Jesse R. Adams, III, Esq. Jones Walker LLP James B. Levinson, CPA PricewaterhouseCoopers, LLP

Property Tax For Sales Tax Professionals Have you ever wondered what your property tax colleagues do? From all that data they gather, is there anything that might be useful to the sales tax group? Have auditors raised issues of reconciliation of your capital assets purchases? This session will cover the basics of property tax, including renditions, valuations, and appeals. This session will also include an understanding of the calendar and its application to the prop-erty tax accrual and objective. Learning Objectives: At the end of this session, the learner will be able to: ► Understand the key areas of overlap between these two tax disci-

plines; ► Identify opportunities to streamline processes where overlap exists

and ensure consistency is achieved where needed; ► Develop understanding of similarities between the application of each

tax type and how knowledge of one can assist with the other.

Speakers: John Brusniak, Jr., Esq. Ryan Law Firm, LLP Peter M. Smith Ernst & Young LLP

Sales Tax - Technology Transfer Agreements & Software Participants attending this session will obtain an understanding of (i) how the State of California has generally imposed sales and use taxes on transactions involving software, (ii) how the State’s statute on




“Technology Transfer Agreements” has been applied vis-à-vis soft-ware in Nortel Networks and (iii) how the California State Board of Equalization has reacted to that taxpayer victory. The speakers will also discuss how the terms of the statute can impact how a technolo-gy transfer agreement may be drafted and the related documentation taxpayers may need to maintain and retain. Learning Objectives: At the end of this session, the learner will be able to: ► Understand how California has generally taxed computer software

under the California Sales and Use Tax Law; ► Understand how under California statute, sales and use taxes apply

to the amounts charged for licensing the right to use software in “Technology Transfer Agreements;”

► Learn how that statute has been interpreted and applied by the Court of Appeal in Nortel Networks Inc. v. Board of Equalization, 191 Cal.App.4th 1259, 119 Cal.Rptr.3d 905 (2011), and how that pro-taxpayer holding may impact certain software related transac-tions;

► Learn how the California State Board of Equalization has reacted to Nortel and the alternatives the Board is currently considering with respect to the taxation of software.

Speakers: Edwin P. Antolin, Esq. Silverstein & Pomerantz, LLP John Hayashi, Esq. Thompson Tax & Associates, LLC

11:45 am Symposium Conclusion


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Fax: 404/240-2315

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sales tax symposium - institute for professionals in taxation

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