This Year’s Conference Sessions Address the Impact of the Pandemic on State and Local Tax Policies and Regulations
November 24, 2020
NYU School of Professional Studies Division of Programs in Business to Host The 39th Annual Institute on State and Local Taxation Virtually December 2-4
NEW YORK, November 24, 2020 – On December 2-4, the NYU School of Professional Studies (NYU SPS) Division of Programs in Business’ Finance, Law, and Taxation will host the 39th Annual Institute of State and Local Taxation as a series of webinars. While the event will be presented online due to the COVID-19 pandemic, it will—as always—provide the helpful insights upon which state and local tax practitioners across the country have come to rely. This year, there will be an added focus on the impact of the pandemic on state and local tax policies.
Each year, the Institute of State and Local Taxation attracts attorneys, accountants, state tax officials, tax directors, tax managers and anyone seeking expert discussion on the latest technical, legislative, and planning developments.
This year’s webinars encompass all major areas of state and local taxation, including current industry trends; sales tax; audits and controversy resolution, pass-through entities; apportionment, ethical challenges, federal tax reform, and constitutional issues; Organization for Economic Co-operation and Development (OECD) initiatives and the Digital Economy; the Tax Cuts and Jobs Act (TCJA); the effects of COVID-19, a remote workforce, and technology on state taxes; and other related issues. Participants qualify for CPE and CLE credits.
Please see the full program agenda on the following pages, and register for the sessions.
For more information, please contact Kathleen Costello at 212-992-3320 or email firstname.lastname@example.org.
Wednesday, December 2
WELCOME ADDRESS AND PRESENTATION OF THE NYU SPS PAUL H. FRANKEL AWARD
- June S. Haas, Esq., Haas Law, Cheboygan, MI
- J. William McArthur, Esq., Former VP Planning, TE Connectivity, Berwyn, PA
- Hollis L. Hyans, Esq., Partner, Blank Rome, New York, NY
SALES TAX UPDATE
This session discusses hot sales/use tax issues and developments including efforts to expand the sales/use tax base, developments in the taxation and sourcing cloud computing and other technologies, uniformity challenges after Wayfair, marketplace facilitator legislative developments, and more.
- Carolynn S. Kranz, Esq., Managing Member, Industry Sales Tax Solutions, Washington, DC
- Joshua D. Cohen, CMI, Principal, Ryan, Dallas, TX
- Susan K. Haffield, CPA, Partner, PricewaterhouseCoopers, Minneapolis, MN
Social distancing, staff reductions, and the dearth of state call centers have made resolving tax audits and other controversies more challenging than ever. State revenue demands, restrictive corporate budgets, and ever-changing tax regimes make SALT audit management increasingly complicated and challenging. This practical session led by multi-state audit veterans with substantial private sector and government experience explores practical procedural and substantive tips to get through to the right people and find creative solutions to audits, hearings and litigation. Whether the matter is resolved prior to assessment, after assessment, or in litigation, this session explores strategies from both the company and practitioner perspectives as well as dynamics at state revenue agencies that must be understood.
- David J. Shipley, Esq., Partner, McCarter & English, Newark, NJ
- John Paek, Esq., Principal, Deloitte Tax, Atlanta, GA
- Damon N. Chronis, President, US Operations, Ryan, Dallas, TX
- David W. Machemer, Esq., Principal, Horwood Marcus & Berk, Chartered, Chicago, IL
OVERVIEW AND PREVIEW OF FEDERAL CONSTITUTIONAL ISSUES
The most significant constitutional cases in state taxation over the past year, both in the US Supreme Court and in state courts, are surveyed. Our commentators also preview important cases to watch in the coming year.
- Jeffrey A. Friedman, Esq., Partner, Eversheds Sutherland US, Washington, DC
- Richard D. Pomp, Esq., Professor of Law, University of Connecticut, Hartford, CT
DAY ONE Q&A SESSION
Hosted and Moderated by Blank Rome
Thursday, December 3
PASS-THROUGH ENTITIES—LATEST DEVELOPMENTS AFFECTING STATE TAXATION OF PARTNERSHIPS, LLCS, AND THEIR OWNERS
Even though the Tax Cuts and Jobs Act of 2017 (TCJA) significantly reduced the federal corporate tax rate below the top individual tax rates, IRS statistics continue to show that pass-through entities (PTEs) remain the overwhelming favorite form of business organization in the U.S. States struggle with whether to impose tax at the entity level or at the owner level, and with how to apportion or allocate income for multistate PTEs when their owners are located in one state but the PTEs are doing business in many. In response to the TCJA's annual cap on SALT deductions, more and more states (often at the urging of PTE owners and their advisors) amended their laws to impose tax at the entity level in hopes of allowing their residents to qualify for the perceived continued deduction of SALT by the PTE's individual owners. States likewise have provided guidance to navigate the unique issues facing PTEs and their owners as a result of the pandemic. Lastly, states are enacting major parts of the MTC's Model Uniform Statute for Reporting Adjustments to Federal Taxable Income and Federal Partnership Audit Adjustments, bringing some level of uniformity to an already complicated federal audit regime for PTEs and their owners. This panel provides an update on these developments and the latest key state tax cases and administrative rulings affecting Subchapter K entities and their owners.
- Bruce P. Ely, Esq., Partner, Bradley Arant Boult Cummings, Birmingham, AL
- Todd A. Hyman, CPA, Partner, Deloitte Tax, Philadelphia, PA
- Kelvin M. Lawrence, Esq., Partner, Dinsmore & Shohl, Columbus, OH
- Steven N.J. Wlodychak, Esq., Principal, EY, Washington, DC
APPORTIONMENT ISSUES: RECENT DEVELOPMENTS
This panel will focus on market sourcing developments, including determination of ultimate destination of services, base calculations and the different interpretations of similar statutory language, including the interpretation of certain states of cost-of-performance sourcing to really mean marketing sourcing. The panel will also review the recent developments in alternative apportionment.
- Hollis L. Hyans, Esq., Partner, Blank Rome, New York, NY
- Lindsay LaCava, Esq., Partner, Baker McKenzie, New York, NY
- Lynn A. Gandhi, Esq., Partner, Foley & Lardner, Detroit, MI
- Jamie C. Yesnowitz, Esq., Principal, Grant Thornton, Washington, DC
WHAT'S HAPPENING IN NY, NJ AND LOCAL TAXES
An overview of the latest developments in NY, NJ and city and local taxes around the country.
- Richard W. Genetelli, CPA, Managing Director, Genetelli Consulting Group, New York, NY
- Kyle O. Sollie, Esq., Partner, Reed Smith, Philadelphia, PA
DAY TWO Q&A SESSION
Hosted and Moderated by EY
ETHICAL CHALLENGES FOR STATE TAX PROFESSIONALS FROM SOCIAL DISTANCING AND ELECTRONIC COMMUNICATIONS WITH CLIENTS AND COLLEAGUES
The panel reviews the implications of remote work sites, communication using email and internet video conferencing with co-workers and clients to discuss confidential issues and data. A discussion of responsibilities arising from use of electronic data exchange; electronic filing and data transfer methods to courts, governmental authorities, co-workers and clients. A review of the how changing standards and applications to new technologies affect private practitioners, in-house professionals and government employees working in the tax field. The application of governing ABA and AICPA rules are explored and then applied to several scenarios using interactive technology to involve registrants in the session.
- Glenn C. McCoy, Jr., CMI, Esq., Director, KPMG, New York, NY
- Breen M. Schiller, Esq., Partner, Eversheds Sutherland US, Chicago, IL
- Christopher J. Sullivan, Esq., Shareholder, Rath, Young and Pignatelli, PC, Concord, NH
Friday, December 4
OECD INITIATIVES AND THE IMPACT OF STATE TAXATION ON THE DIGITAL ECONOMY
This panel explains the OECD tax initiatives to development of global uniform treatment and the changing international rules regarding the taxation of the digital economy. The session focuses on similarities and differences between the OECD Pillar One and Two proposals, TCJA provisions on foreign source income, and evolving state corporate income tax rules. The new OECD proposals could radically reshape the global taxation of corporate income in the digital era. The panelists explore the federal and state tax antecedents of some of the OECD solutions, and the potential convergence of international, federal and state approaches.
- Alysse McLoughlin, Esq., Partner, McDermott Will & Emery, New York, NY
- Barbara M. Angus, Esq., Global Tax Policy Leader, EY, Washington, DC
- Karl A. Frieden, Esq., Vice President and General Counsel, Council On State Taxation, Washington, DC
FEDERAL TAX REFORM'S IMPACT ON STATE TAXATION
Now that federal tax reform has been implemented, this panel identifies remaining reform issues that impact state taxation of businesses and the state-specific responses to federal tax reform. Issues addressed include state work-around to the limitation on the deductibility of interest expense, the changes on usage of net operating losses, the expensing provisions, the 199A deduction for partnerships, the limitation on the deductibility of FDIC fees, and the changed rules concerning capital contributions.
- Mitchell A. Newmark, Esq., Partner, Blank Rome, New York, NY
- Deborah Harrison, MS, Director, US Income Tax Audits, Accenture, Walnut Creek, CA
- Alexis Morrison-Howe, Esq., Tax Principal, Deloitte Tax, Boston, MA
COVID-19 IMPACTS ON STATE TAXATION AND IMPLICATIONS OF THE REMOTE WORKFORCE
This panel looks at clawbacks of business incentives based on investment or employment levels unable to be met during state quarantines and regulatory or legislative solutions. The national workforce has been limited to work from home, wherever that is. . . Employees and employers must now figure out how to pay the tax man. States (and localities) levy a welter of complicated and inconsistent standards for when employees are required to file personal income tax returns and when employers are required to withhold for their employees. Additionally, this panel explores the new tax policies and positions developed to deal with the impact of Covid-19 on state budgets and staffing. This session explores the issues, controversies, and potential solutions to the state and local tax issues facing our quarantined workforce.
- Brian J. Kirkell, Esq., Principal, Washington National Tax, RSM US, Washington, DC
- Ulrich Schmidt, MS, Principal, KPMG, Philadelphia, PA
- Robert Ozmun, CPA, Partner, PricewaterhouseCoopers, Boston, MA
DAY THREE Q&A SESSION
Hosted and Moderated by PWC
About the NYU SPS Department of Finance and Law Programs
The NYU SPS Department of Finance and Law Programs has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York. The NYU School of Professional Studies Department of Finance and Law Programs is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors.
The NYU School of Professional Studies – Celebrating More Than 85 Years of Excellence in Applied Professional Education
For over 85 years, the NYU School of Professional Studies (NYU SPS) has been a deeply respected institution of higher education that is grounded in applied learning. From its early years, training returning World War II veterans to fulfill the nation’s urgent need for skilled technical workers, it has evolved into a professional education powerhouse that offers 20 graduate degrees, 13 bachelor’s degrees for traditional and post-traditional students, four associate’s degrees, and a plethora of non-degree courses and credentials.
NYU SPS is a thought leader, and serves as an incubator for new ideas in industries that are constantly changing, including real estate, real estate development, and construction management; hospitality, tourism, travel, and event management; global affairs and global security, conflict, and cybercrime; global sport and sports business; publishing; marketing; public relations; project management; executive coaching and organizational consulting, human resource management and development, and human capital analytics and technology; management and systems; translation; and professional writing. It is focused on building skills that open doors to opportunities in emerging fields and global markets. NYU SPS faculty members are leading experts in their areas of discipline, with a hands-on approach that encourages students to push beyond their limits and to break new ground.
Home to some of the largest and most prestigious industry conferences in the world, including the Schack Institute of Real Estate’s Capital Markets Conference, REIT Symposium, and National Symposium of Women in Real Estate; and the Jonathan M. Tisch Center of Hospitality’s International Hospitality Industry Investment Conference, the School’s invaluable connections to industry leaders is a truly distinguishing factor in the education that it provides. Through career development services and resources provided by the NYU Wasserman Center for Career Development at NYU SPS, guest lecturers, site visits, participation in numerous conferences and events, and Global Field Intensives, students benefit from an NYU education that will set them apart. In addition, they have the opportunity to learn from and network with more than 30,000 NYU SPS alumni who live, work, and contribute to innovation in industry around the world. To learn more about NYU SPS visit: sps.nyu.edu.