NYU School of Professional Studies Division of Programs in Business to Host 
The 40th Annual Institute on State and Local Taxation Virtually December 13-15

This Year's Sessions Cover the New Federal Tax Reform's Impact on State Taxation, Ethical Challenges in a Post-Pandemic Workplace, and Taxing a Mobile Workforce, Among Other Topics

NEW YORK, December 7, 2021 – To help ensure the health and safety of conference attendees and panelists among continued restrictions and concerns around the COVID-19 pandemic, the NYU School of Professional Studies (NYU SPS) Division of Programs in Business' Finance, Law, and Taxation will host the 40th Annual Institute of State and Local Taxation as a series of webinars on December 13-15.

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.

The webinar series will provide participants with up-to-date analyses of state tax developments and will do so at a time critical for tax professionals to gain the latest information on trends and forecasts from the best in the field. This year's webinars will cover several important topics, including the new Federal Tax Reform's Impact on State Taxation, Practical Ways to Avoid Qui Tam/Whistleblower Lawsuits, Ethical Challenges in the Post-Pandemic Virtual and Actual Workplace, and How to Tax a Moving Target: The Complexities of a Mobile Workforce, among others areas. Participants qualify for CPE and CLE credits.

Please see the full program agenda below, and register for the sessions here.

For more information, please contact Kathleen Costello at 212-992-3320 or email sps.tax@nyu.edu.

If you are a media member who would like to report on the sessions, please contact Michael DeMeo at michael.demeo@nyu.edu or Alka Gupta at aag13@nyu.edu.

Monday, December 13th

12:30-12:45 pm
WELCOME ADDRESS AND PRESENTATION OF THE NYU SPS PAUL H. FRANKEL AWARD

Co-Chairs:

• June S. Haas, Esq., Haas Law, Cheboygan, MI
• J. William McArthur, Esq., Former VP Planning, TE Connectivity, Berwyn, PA

Award Recipient:

• John L. Coalson, Jr., Esq., Partner, Alston & Bird, Atlanta, GA

12:45-1:45 pm
SALES & USE 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, sourcing of cloud computing and other technologies, uniformity challenges after Wayfair, and other nexus developments, marketplace facilitator legislative developments, and more.

• Susan K. Haffield, CPA, Partner, PricewaterhouseCoopers, Minneapolis, MN
• Carolynn S. Kranz, Esq., Managing Member, Industry Sales Tax Solutions, Washington, DC
• Grace E. Kyne, Esq., Senior Manager, EY, Waterford, CT

1:45-2:45 pm
APPORTIONMENT ISSUES AND DEVELOPMENTS
This panel introduces this topic by considering the extent to which the pandemic may have exacerbated historic apportionment issues, including potential factor distortion, unrepresentative factors, alternative apportionment, and controversy over the treatment of large gains. The panel then reviews recent statutory, regulatory, and case law developments addressing the application of market-based sourcing, along with the sales factor treatment of foreign source income, intangibles, and other items.

• Jamie C. Yesnowitz, Esq., Principal, Grant Thornton, Washington, DC
• Lynn A. Gandhi, Esq., Partner, Foley & Lardner, Detroit, MI
• Nicole L. Johnson, Esq., Partner, Blank Rome, New York, NY

3:15-4:00 pm
TAXATION OF DIGITAL INFORMATION AND PRODUCTS
An overview of new state taxes on information and advertising focusing on recent Maryland tax.

• Kirsten Gulotta, Esq., Principal, Deloitte Tax, New York, NY
• Michele Borens, Esq., Partner, Eversheds Sutherland US, Washington, DC
• Shirley K. Sicilian, Esq., National Director for SALT Controversy, KPMG, Washington, DC

4:00-4:45 pm
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

4:45-5:30 pm
DAY ONE WRAP UP

Tuesday, December 14th

12:30-1:30 pm
PRACTICAL WAYS TO AVOID QUI TAM/WHISTLEBLOWER LAWSUITS
This panel provides insights into why businesses should be concerned with Qui Tam lawsuits, how to respond to a complaint to avoid litigation and to come up with a plan to respond to a complaint to avoid litigation.

• Alysse McLoughlin, Esq., Partner, Jones Walker, New York, NY
• Marc A. Simonetti, Esq., Partner, Pillsbury Winthrop Shaw Pittman, New York, NY
• David W. Machemer, Esq., Principal, Horwood Marcus & Berk, Chartered, Chicago, IL

1:30-2:30 pm
FEDERAL TAX REFORM'S IMPACT ON STATE TAXATION
The impact of the OECD's global tax reform on state tax policy; recent (TCJA/CARES/ARPA) and proposed (Biden administration) federal tax reform and its impact on state tax policy.

• Karl A. Frieden, Esq., Vice President and General Counsel, Council On State Taxation, Washington, DC
• Barbara M. Angus, Esq., Global Tax Policy Leader, EY, Washington, DC
• Benjamin Bacon, Esq., Partner, PricewaterhouseCoopers, New York, NY

3:00-3:30 pm
DEVELOPMENTS IN NY, NJ, AND SURROUNDING AREAS
An overview of the latest developments in NY, NJ, and surrounding areas.

• Richard W. Genetelli, CPA, Managing Director, Genetelli Consulting Group, New York, NY
• David J. Gutowski, Esq., Partner, Reed Smith, Philadelphia, PA

3:30-4:15 pm
LOCAL TAXES
An update on local taxes hosted by Doug Lindholm of COST covering west coast, Ohio, and the east coast developments, and outlier local taxes for lodging and services.

• Douglas L. Lindholm, Esq., President and Executive Director, Council On State Taxation, Washington, DC
• Nikki E. Dobay, Esq., Partner, Eversheds Sutherland US, Sacramento, CA
• Fred J. Nicely, Jr., Esq., Senior Tax Counsel, Council On State Taxation, Wooster, OH
• Harley T. Duncan, Managing Director, KPMG, Washington, DC

4:15-5:15 pm
ETHICAL CHALLENGES IN THE POST PANDEMIC VIRTUAL AND ACTUAL WORKPLACE
Focus on ethical issues associated with email, video conferencing, and working from home (especially attorney/client privilege issues).

• Glenn C. McCoy, Jr., CMI, Esq., Principal, Client Services, Ryan, New York, NY
• Lindsay LaCava, Esq., Partner, Baker McKenzie, New York, NY
• Dan De Jong, Esq., Managing Director, KPMG, Washington, DC

Wednesday, December 15th

12:30-1:30 pm
NOTABLE DEVELOPMENTS AFFECTING THE MULTISTATE INCOME TAXATION OF PASSTHROUGH ENTITIES
Despite the burdens imposed by the pandemic, major legislative, administrative and judicial developments affecting the state taxation of pass-through entities occurred over the past two years. This panel addresses the rise and multistate challenges of the new and surprisingly different state PTE taxes enacted throughout the US to offset the effects of the federal SALT deduction limitation. Likewise, several recent conflicting state court rulings seem to question the method of sourcing the gain from the sale of ownership interests in PTEs. The panel also provides an update on the significant project the Multistate Tax Commission has undertaken and whose stated goal is to establish uniform principles for the state taxation of partnerships. The presentation includes several other notable legislative enactments, decisions, and rulings.

• Bruce P. Ely, Esq., Partner, Bradley Arant Boult Cummings, Birmingham, AL
• Helen Hecht, Esq., Uniformity Counsel, Multistate Tax Commission, Albuquerque, NM
• Kelvin M. Lawrence, Esq., Partner, Dinsmore & Shohl, Columbus, OH
• Steven N.J. Wlodychak, Esq., Principal, EY, Washington, DC

1:30-2:30 pm
INCOME TAX CONSEQUENCES FROM WAYFAIR
This panel explores the impact of Wayfair on income tax nexus standards, addresses constitutional nexus questions that remain unanswered, reviews economic nexus statutes, rules and regulations, and discusses the application of P.L. 86-272 to businesses that engage in activities via the Internet.

• David J. Shipley, Esq., Partner, McCarter & English, Newark, NJ
• Jack Trachtenberg, Esq., Principal, Deloitte Tax, New York, NY
• Matthew P. Hedstrom, Esq., Partner, Alston & Bird, New York, NY
• Brian A. Hamer, Esq., Counsel, Multistate Tax Commission, Washington, DC

3:00-4:00 pm
HOW TO TAX A MOVING TARGET: THE COMPLEXITIES OF A MOBILE WORKFORCE
This panel covers the intricacies of taxation and reporting for a mobile workforce, including personal income tax/residency topic/ convenience of the employer/ sales and use tax and property tax issues. Has COVID made remote work a permanent feature of state tax complexity?

• Mitchell A. Newmark, Esq., Partner, Blank Rome, New York, NY
• Donald R. Roveto, CPA, Partner, Deloitte Tax, New York, NY
• Brian J. Kirkell, Esq., Principal, Washington National Tax, RSM US, Washington, DC

4:00-4:45 pm
DAY THREE WRAP-UP

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 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 87 Years of Excellence in Applied Professional Education
For over 87 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 22 graduate degrees, 14 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.