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INSTITUTE FOR PROFESSIONALS IN TAXATION ® 2016 Sales Tax Symposium Sunday, September 18 - Wednesday, September 21 JW Marriott Indianapolis, Indiana Program Page #1

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Page 1: Program - Institute for Professionals in Taxation Home associated with implementing a sales and use tax automation system; -Discuss the impact business knowledge has on implementing

INSTITUTE FOR PROFESSIONALS IN TAXATION ®

2016

Sales Tax Symposium

Sunday, September 18 - Wednesday, September 21

JW Marriott

Indianapolis, Indiana

Program

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SUNDAY, SEPTEMBER 18

2:30 p.m. – 3:45 p.m. Breakout Sessions (4)

3 “Beginner Basic”

This session provides a basic overview of sales and usetaxes, including the distinction between sales taxes and usetax. Fundamental principles governing sales and use taxeswill be discussed, including: when a company is subject to astate’s sales or use tax; the distinction between sales anduse taxes; what constitutes a sale; what is a retail sale(including withdrawal from stock); basic definition of tangiblepersonal property; what is meant by statute of limitations andwhat exemptions commonly exist for sales and use taxes. These principles and other items of interest to taxprofessionals who are new to the sales and use tax practicewill 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

characteristics;

- Distinguish the two types of compensating use taxes;

- Understand the difference between intrastate and interstate

commerce, and the origin of use taxes; and

- 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 limitations.

Speakers:Michael Campbell

Senior Non-Income Tax Manager

Johns Manville

Denver, Colorado

Linda A. Falcone, CMI

Director, Sales and Use Tax

Ryan, LLC

Charlotte, North Carolina

3 “Mastering Transactional Tax Controversies”

(Offered Twice) This session will cover strategies, best practices, and pitfallsduring all stages of transactional tax controversies, from pre-controversy planning to appellate litigation. Questions thepresenters will address include the following: What is thebest time to discuss settlement? How do you decidewhether to appeal administratively or go directly to court?

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SUNDAY (Continued)

When is it “worth it” to litigate? When should you file yourappeal in tax court (or similar tribunal) versus district court?How do you handle confidential information in litigation? Howcan you best manage the costs of litigation?

Learning Objectives:At the end of this session, the learner will be able to:- Identify strategies, best practices, and pitfalls relating totransactional tax administrative appeals;- Gain a better understanding of the opportunities to resolvetransactional tax controversies as early as possible; and- Identify and implement strategies to manage the litigationprocess, including litigation holds, discovery, motion practice,protecting confidential documents, presenting evidence at atrial or evidentiary hearing, and managing costs during eachstage. Speakers:Robbie K. Blacketer, CMISALT - DirectorGrant Thornton LLPDallas, Texas

Masha M. Yevzelman, Esq.Shareholder, Tax Disputes and LitigationFredrikson & Byron, P.A.Minneapolis, Minnesota

3 “Audit Doldrums – Best Practices and Strategies for

Keeping the Auditor Engaged” (Offered Twice) The session will focus on strategies and techniques forsuccessful audit management. Audits in today’s society are afact of life, but that does not mean that the audit processshould take what seems like forever to complete with interestbeing a significant part of the overall liability. There are tools(Managed Audits, Managed Compliance Agreements) whichcan be used to your advantage to keep an auditor engagedand focused. There are techniques that can be used to youradvantage to keep the auditor engaged. Do you use an auditchecklist to keep you and your auditor on task? Do you callyour auditor on a regular basis? Are you totally prepared forthe auditor’s visit? Did you ask for draft workpapers? Doyou use an audit checklist to keep your auditor on task? What is corporate policy on the signing of waivers? Thesetool and techniques are just a few of the issues that will bediscussed in this session.

Learning Objectives:At the end of this session, the learner will be able to:- Provide best practices that will be useful for keeping theauditor engaged and moving audits forward to completion.

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SUNDAY (Continued)

Speakers:Suneeta Davi, CMIDirector – Indirect TaxPricewaterhouseCoopers, LLPNew York, New York

Kathleen A. Foster, CMITax ManagerDimension Data North America, Inc.Charlotte, North Carolina

3 “Sales and Use Tax Automation” (Offered Twice)

You’ve heard the spiel on automating your sales and use taxprocesses. It all makes sense, but perhaps you have heardsome horror stories of implementations that didn’t go so welland want to know how to avoid the train from coming off thetrack.

Learning Objectives:At the end of this session, the learner will be able to:-Identify the appropriate third-party sales and use taxsoftware application for your business (dispelling the “onesize fits all” philosophy;-Discuss the necessity of getting buy-in for the automationproject from the various stakeholders impacted by the newsystem;-Explore return on investment calculations for justifying thecost associated with implementing a sales and use taxautomation system; -Discuss the impact business knowledge has onimplementing a new automation system; and-Explain various approaches to implementing a sales anduse tax automation system, including the advantages anddisadvantages with the varying approaches and selecting theapproach that makes the most sense for your company.

Speakers:Stuart D. Bray, CMIManager Non-Income Tax Tyson Foods, Inc.Springdale, Arkansas

Steven E. Parish Principal – State and Local TaxRSM US LLPCharlotte, North Carolina

4:00 p.m. – 5:15 p.m. Breakout Sessions (4)

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SUNDAY (Continued)3 “The Wild, Wild West: Gross Receipts Taxes”

(Offered Twice) There are a number of states and localities in the Westernstates that have recently proposed, enacted or amendedtheir gross receipts taxes – Oregon, Nevada, Washington,and localities like San Francisco and Los Angeles inCalifornia. This session will provide an overview of what toconsider when thinking about how these taxes may apply toyou or your clients. Gain knowledge about the status ofproposed regulations, an understanding of applicabledeadlines and recommendations on how to deal with some ofthe compliance challenges.

Learning Objectives:At the end of this session, the learner will be able to:- Develop a general understanding of gross receipts taxes;- Learn about proposed legislation around gross receiptstaxes;- Understand state & local trends pertaining to gross receiptstaxes- Identify best practices for planning and policy, i.e., whenshould you get involved with these bills; and- Determine how to best manage compliance for these newtaxes given business/systems challenges.

Speaker:

Tremaine “Trim” Smith, CMISenior ManagerErnst & Young, LLPSeattle, Washington

3 “State Sales and Use Tax Trends: Coping with the

Digital World” (Offered Twice) This session will provide an update on the core issuesinvolved in the application of state sales and use tax topurely digital transactions, with a focus on how buyers andsellers can handle the rapid rate of development of the law inthis area and ongoing state-to-state conflicts. Particularattention will be paid to nexus, characterization, taxability,and sourcing issues arising from cloud computing, thepurchase of digital products, and the use of virtual currency.

Learning Objectives:At the end of this session, the learner will be able to:- Assess the impact of changing laws and continued conflictbetween the states in relation to purely digital transactions;

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SUNDAY (Continued)

- Assess the impact of changing laws and continued conflictbetween the states in relation to purely digital transactions;and- Determine the basic application of nexus, characterization,taxability, and sourcing rules to these transactions.

Speakers:Jim Ervin, Esq. PartnerHolland & KnightTallahassee, Florida

Brian J. KirkellPrincipal RSM US LLPWashington, DC

3 “Indirect Tax Reserves –

Practical Application of ASC450” (Offered Twice) No one wants to be an alarmist, but how do you practicallymanage communication around ASC450 so that leadershipis not surprised; when do you communicate, what do youcommunicate and how often do you communicate? Thissession will provide a brief overview of the fundamentals ofASC450 requirements including differences between U.S.GAAP and IFRS requirements; evaluate estimationmethodologies; and analyze case studies and examples ofcontingent liability treatment.

Learning Objectives:At the end of this session, the learner will be able to:- Distinguish between US GAAP and IFRS requirements- Identify sales and use tax issues that should be consideredunder ASC450;- Define various estimation methodologies for creating anddocumenting contingent sales and use tax liabilities underASC450;- Develop strategies for practically managing communicationaround sales and use tax contingencies; and- Be prepared to navigate external auditor review of ASC450. Speakers:Faranak NaghaviPartner – National TaxErnst & Young, LLPWashington, D.C.

Gary D. Yeats, Esq.VP Corporate Tax / Tax CounselValassis CommunicationsHartford, Connecticut

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SUNDAY (Continued)

3 “Remote Sellers: Where Are We Now and Where Are

We Going?” (Offered Twice)The e-commerce business model has been a colossalsuccess. According to the U.S. Commerce Department,online sales accounted for more than a third of total retailsales growth in 2015, totaling in excess of $341 Billion. Allgood news… so what’s the problem? If a remote retailer hasno physical presence in a state, the retailer is not obligated tocollect and remit that state’s sales tax. As such, states fail tocapture sales tax revenue on many out-of-state sales byremote sellers. This session will provide: an overview of thehistorical remote seller case law and recent developments;define some of the key issues facing remote sellers; anddiscuss the state attempts to force remote sellers, which lackphysical presence in the taxing state, to collect and remitsales tax. We will also compare the recent federal bills thatwould authorize states to require remote sellers to collect taxand highlight the key differences between these bills.

Learning Objectives:At the end of this session, the learner will be able to:- Summarize the U.S. Supreme Court decisions that requirephysical presence to impose a duty to collect sales/use taxupon an out-of-state seller; - Recognize and understand the top sales tax issues facingremote sellers; - Reference recent state laws targeting remote sellers (e.g.,AL, LA) and how the Big 4 (CA, FL, NY and TX) areexpanding the definition of nexus to generate tax revenue; - Understand the differences between the MarketplaceFairness Act of 2015, the Remote - Transactions Parity Actof 2015 and the Online Sales Simplification Act of 2015.

Speakers:Brent R. Fryar, CMI, CPADirector – Specialty TaxWalmartBentonville, Arkansas

James (Jim) TauberManaging DirectorAndersen Tax LLCChicago, Illinois

5:30 p.m. - 6:00 p.m. “ IPT Member Welcome Session”A welcome to new members as well as those who are firsttime at this program.

6:00 p.m. – 7:30 p.m. Reception

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MONDAY, SEPTEMBER 19

8:00 a.m. – 8:30 a.m. Opening of Symposium

Kellianne M. Nagy, CMI, CAEPresident, Institute for Professionals in Taxation

Trisha C. Fortune, CMI, CPA Kyle Martin Brehm, Esq.Symposium Chair Symposium Vice Chair

8:30 a.m. – 10:30 a.m. 3 General Session- Keynote

“Ethics Rock Extreme!” This unique legal and accounting ethics seminar combinescurrent ethics problems in both fields, advice, news andinteractive hypotheticals with professionally performedparodies of some of the greatest rock and roll songs everwritten. Customized and up-to-the-minute, the session willchallenge participants to solve difficult legal and accountingethics dilemmas, all based on actual cases, led by lawyer-ethicist Jack Marshall. The scenarios will be sung in newparody versions of pop and rock classics from such legendsas Paul Simon, Elton John, Bob Dylan, Paul McCartney,Queen, Billy Joel and others, all by professionalguitarist/singer/actor Mike Messer.

Learning Objectives:At the end of this session, the learner will be able to:- Identify new tools for vital professional ethics analysis inpractice situation;- Recognize changes in the ethics landscape and dangerousvariations among jurisdictions; and- Evaluate rules, cases, and ethics opinions that the learnerneeds to know, understand, and be able to apply.

Speaker: Jack Marshall, Esq.PresidentProEthics, Ltd.Alexandria, Virginia

10:45 a.m. – 12:15 p.m. 3 General Session

“How the Economic Climate Impacts Decisions made byLegislatures and Department Employees”This session will provide an interactive opportunity to hearfrom senior State tax administrators as they discuss the mostimportant tax issues in their states and around the country. Additionally the impact of various economic issues will berelated to tax policy concerns in their states.

Learning Objectives:At the end of this session, the learner will be able to:- Learn the process for legislative proposals in differentstates;

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MONDAY (Continued)

- Have the opportunity to learn directly from top taxadministrator what issues are currently being considered ineach of their states; - Hear the how economic concerns drive tax policy decisions;and- Interact with State tax officials on issues which mayconcern their companies.

Moderator:Joe Huddleston, Esq.Executive Director, Tax Services Ernst & Young, LLPWashington, DC

Speakers:Connie Beard, Esq.Director Illinois Department of Revenue Springfield, Illinois

Andrew Kossack, Esq.CommissionerIndiana Department of RevenueIndianapolis, Indiana

Kimberly Lewis Robinson, Esq.SecretaryLouisiana Department of RevenueBaton Rouge, Louisiana

Marshall C. Stranburg, Esq.Deputy Executive DirectorMultistate Tax CommissionWashington, DC

12:15 p.m. – 2:00 p.m. Lunch

2:00 p.m. – 3:15 p.m. Breakout Sessions (8)

3 “Louisiana Law Changes”

General overview of law changes due to 2016 specialsession and the effects on doing business in Louisiana.

Learning Objectives: At the end of this session, the learner will be able to:- Understand the difference between the new “clean penny”and the now “dirty pennies”;

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MONDAY (Continued)- Discuss issues that are still in in the “gray area” such asother constructions, by-products, first-use offshore, MM&E,installation and freight; and- Recognize the changes to the corporate income andfranchise tax including add-back, expansion of franchise taxto flow through entities and constitutional initiatives on theballot.

Speakers:Mark Campo, JD, LLM, CMISr. Tax AttorneyEntergy Services, Inc.New Orleans, Louisiana

Jason M. DeCuir, MBA, JD, LLMControversy ResolutionRyan AdvocacyBaton Rouge, Louisiana

3 “Taking the Pulse on the Healthcare Industry”

A key to success in the industry is understanding trends,technology and how to navigate through the variousrequirements throughout state jurisdictions. An interactivecase study between the speakers will provide insight fromyears of experiences on how to press your luck with stateson key challenges and roadblocks.

Learning Objectives:At the end of this session, the learner will be able to:- Track and observe hot topics, trends, and recent courtcases in the industry, managing technology within theindustry, and knowing when to Press Your Luck with taxingjurisdictions. Speakers:Nicholas BradleyManager, Sales and Use TaxHCANashville, Tennessee

Erica LovePrincipal, Sales and Use TaxRyan, LLCDallas, Texas

3 “Sales Tax Issues Related to Loyalty

and Rewards Programs” Many businesses utilize some version of a loyalty or rewardprogram as part of their marketing strategy to attract newcustomers and solidify their customer base. While good forbusiness, these programs present numerous complexitieswhen determining how the redemption of the rewards shouldbe treated for sales tax purposes. For example, will the

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MONDAY (Continued)

redemption be treated as a discount against the sales priceor as taxable consideration? The answer may varydepending on the type of loyalty incentive at issue (e.g.points, certificates, dollars, rewards, stamps), the manner inwhich the loyalty incentive is earned (e.g. for the purchase ofgoods or services, use of a credit card, result of a desiredaction (such as in a gaming environment) and how they areredeemed (e.g. applied towards purchase price, receipt ofcomplementary item). In addition, who, if anybody, owes anyassociated sales or use tax Moreover, the answers can varyon a state-by-state basis. This session will explore theelements of customer loyalty programs, identify applicablelaws and authorities and discuss their application to a varietyof fact patterns.

Learning Objectives:At the end of this session, the learner will be able to:- Recognize the various types of loyalty programs and theirdistinguishing features;- Learn the significance of the differing ways loyalty programsmay be implemented for purposes of state taxation;- Identify the different tax treatments governing theredemption of loyalty incentives;- Identify the laws and relevant authorities that are applicableto the determination of the tax treatment in jurisdictions withand without specific loyalty program guidance; and- Develop best practices and learn to avoid common pitfalls. Speakers:Gregg D. Barton, Esq.PartnerPerkins Coie LLPSeattle, Washington

Andrew L. Nunes, CPADirector, Indirect TaxPricewaterhouseCoopers, LLPBoston, Massachusetts

3 “FOB? What Did You Call Me?”

The session will discuss the history and evolution of shippingterms from a legal perspective as well as the impact shippingterms can have on the sales or use tax calculation. Thediscussion will include passage of title, passage of risk ofloss, Uniform Commercial Code definitions and change ofpossession. We will explore how shipping terms can changethe taxability of the freight charge, the rate charged i.e. salestax rates versus use tax rates and any associated non taxbusiness risks from changing shipping terms.

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MONDAY (Continued)

Learning Objectives:At the end of this session, the learner will be able to:- Understand the fundamentals of FOB terms;- Identify states that tax or do not tax vendor collected freightcharges based on shipping terms; and- Identify business risks that may be associated with differentshipping arrangements.

Speakers:Andre Burvant, Esq., CPAPartnerJones Walker LLPNew Orleans, Louisiana

Jeffrey A. Greene, JDOwnerJeff Greene Transaction Tax Attorney, LLCCarmel, Indiana

3 “Managing a Global Retail Indirect Tax Department”

This session will focus on what challenges you may facemanaging or building a Retail Global Indirect Tax Function.

Learning Objectives:At the end of this session, the learner will be able to:- Be aware of the challenges managing audits and taxreporting globally;- Understand how technology and data analytics can helpminimize risk; - Identify risks operating retail stores, online and wholesaleoperations in a Global environment; and- Understand the basic requirements of SOX and InternalControls.

Speakers:Sandy Jacobs, CMIPrincipalKPMG LLPSan Francisco, California

Patrick J. McWilliams, CMISenior Director – Sales, Use and Value Added TaxGap Inc.Albuquerque, New Mexico

3 “Audit Doldrums – Best Practices and Strategies for

Keeping the Auditor Engaged” (Offered Twice) The session will focus on strategies and techniques forsuccessful audit management. Audits in today’s society are afact of life, but that does not mean that the audit processshould take what seems like forever to complete with interestbeing a significant part of the overall liability. There are tools

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MONDAY (Continued)

(Managed Audits, Managed Compliance Agreements) whichcan be used to your advantage to keep an auditor engagedand focused. There are techniques that can be used to youradvantage to keep the auditor engaged. Do you use an auditchecklist to keep you and your auditor on task? Do you callyour auditor on a regular basis? Are you totally prepared forthe auditor’s visit? Did you ask for draft workpapers? Doyou use an audit checklist to keep your auditor on task? What is corporate policy on the signing of waivers? Thesetool and techniques are just a few of the issues that will bediscussed in this session.

Learning Objectives:At the end of this session, the learner will be able to:- Provide best practices that will be useful for keeping theauditor engaged and moving audits forward to completion. Speakers:Suneeta Davi, CMIDirector – Indirect TaxPricewaterhouseCoopers, LLPNew York, New York

Kathleen A. Foster, CMITax ManagerDimension Data North America, Inc.Charlotte, North Carolina

3 “Internet of Things – What is it and why do I care?”

(Offered Twice) All we hear about is this concept of the “Internet of Things” (IOT)– what does it mean, where did it come from, is it just the latestbuzz word and how does it impact tax professionals, if at all? This in-depth session will walk through how IoT became such abig term in today’s technology lexicon and where it is headed. From telematics, the connected home and smart cities to the“connected cow”, IoT is affecting organizations across thespectrum of industries - the presenters will discuss theimplications and practical advice related to this shiftinglandscape and what every tax professional needs to know totackle IoT today and into the future.

Learning Objectives:At the end of this session, the learner will be able to:- Discuss the Internet of Things and its impact on the broadereconomy;- Understand the broad implications of how a connected worldaffects all industries;- Determine how tax rules that were mostly written for amanufacturing economy are going to need to be interpreted toguide taxation of these new emerging technologies;- Understand the skill set needed to interpret new ages servicesthat could be deemed telecommunications, cloud, professional

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MONDAY (Continued)

services as well as information services and the impact that bundling these could have on the final taxation decision; and- Gain an awareness of the novel issues surrounding theseground-breaking technological changes that will impactconsumers, business and how the world works globally. Speakers:Joe GrecoVice President, Indirect TaxVerizon CommunicationsBasking Ridge, New Jersey

James E. NasonPartnerDeloitte Tax LLPParsippany, New Jersey

3 “Indirect Tax Life Cycle and Tax

Technology Strategies” Discussion on the indirect tax life cycle from procurement tosales and how the process impacts indirect tax andtechnology.

Learning Objectives:At the end of this session, the learner will be able to: -Gain knowledge on the entire sales and procurement cycleand how they relate to indirect tax;- Identify potential tax impacts and high risk areas of thesecycles;- Become aware of potential ways to mitigate these risks.

Speakers:Tim Carpenter, CMIPartner, SALT, Indirect TaxPricewaterhouseCoopers, LLPCharlotte, North Carolina

Debra Nin Sales and Use Tax ManagerSealed Air CorporationCharlotte, North Carolina

3:45 p.m. – 5:00 p.m. Breakout Sessions (8)

3 “The Wild, Wild West: Gross Receipts Taxes”

(Offered Twice) There are a number of states and localities in the Westernstates that have recently proposed, enacted or amendedtheir gross receipts taxes – Oregon, Nevada, Washington,and localities like San Francisco and Los Angeles inCalifornia. This session will provide an overview of what toconsider when thinking about how these taxes may apply to

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MONDAY (Continued)

you or your clients. Gain knowledge about the status ofproposed regulations, an understanding of applicabledeadlines and recommendations on how to deal with some ofthe compliance challenges.

Learning Objectives:At the end of this session, the learner will be able to:- Develop a general understanding of gross receipts taxes;- Learn about proposed legislation around gross receiptstaxes;- Understand state & local trends pertaining to gross receiptstaxes- Identify best practices for planning and policy, i.e., whenshould you get involved with these bills; and- Determine how to best manage compliance for these newtaxes given business/systems challenges.

Speaker:

Tremaine “Trim” Smith, CMISenior ManagerErnst & Young, LLPSeattle, Washington

3 “Pitch Perfect – The Art of Maximizing Credits

and Incentives” Tax credits and incentives are essential considerations inacquisitions, capital investments and expansions, and canadd directly to a company’s bottom line. This session willdiscuss the consideration of incentives and the crucialdynamics in the facilities planning process, and specifically,the tax department’s role. From understanding the rules andthe players, to developing the best pitch, to maintaining theincentives, this session will provide the tools and tipsnecessary to create the perfect pitch and identify and avoidcommon traps related to maintaining incentives.

Learning Objectives At the end of this session, the learner will be able to:- Recognize projects that benefit from credits and incentives opportunities;- Identify the incentives considered most important when making a locationdecision- Identify the key players and decision makers relevant to pursue credits andincentives opportunities;- Learn best practices for negotiating credits and incentives- Identify new ideas for creative incentive approaches; and- Identify common traps related to maintaining credits and incentives

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MONDAY (Continued)

Speakers:Minah C. Hall, CCIP, Esq.Managing DirectorTrue Partners Consulting, LLCChicago, Illinois

Kenneth Hansen, JDVP of TaxFollett CorporationWestchester, Illinois

3 “Indirect Tax Reserves – Practical Application of

ASC450” (Offered Twice) No one wants to be an alarmist, but how do you practicallymanage communication around ASC450 so that leadershipis not surprised; when do you communicate, what do youcommunicate and how often do you communicate? Thissession will provide a brief overview of the fundamentals ofASC450 requirements including differences between U.S.GAAP and IFRS requirements; evaluate estimationmethodologies; and analyze case studies and examples ofcontingent liability treatment.

Learning Objectives:At the end of this session, the learner will be able to:- Distinguish between US GAAP and IFRS requirements- Identify sales and use tax issues that should be consideredunder ASC450;- Define various estimation methodologies for creating anddocumenting contingent sales and use tax liabilities underASC450;- Develop strategies for practically managing communicationaround sales and use tax contingencies; and- Be prepared to navigate external auditor review of ASC450. Speakers:Faranak NaghaviPartner – National TaxErnst & Young, LLPWashington, D.C.

Gary D. Yeats, Esq.VP Corporate Tax / Tax CounselValassis CommunicationsHartford, Connecticut

3 “Unclaimed Property – Legislative Updates and Hot

Topics” Overview of unclaimed property laws, current environmentand best practices for coming into and staying in compliance.

Learning Objectives:

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MONDAY (Continued)

At the end of this session, the learner will be able to:- Have an overview of the unclaimed property laws and howit applies to you;- Recognize annual filing obligations;- Know audit risks and how they can be mitigated;- See opportunities for Voluntary Disclosure filings and theirbenefits; and- Recognize pending cases and their potential impact to theunclaimed property environment. Speakers:Janet C. Gagliano, CPAPartner, National Abandoned and Unclaimed PropertyPractice LeaderPricewaterhouseCoopers, LLPAtlanta, Georgia

Michael Houghton, Esq. PartnerMorris, Nichols, Arsht and Tunnell LLPWilmington, Delaware

Jamie Ryan, Esq. MemberBailey Cavalierri LLCColumbus, Ohio

3 “Mastering Transactional Tax Controversies”

(Offered Twice) This session will cover strategies, best practices, and pitfallsduring all stages of transactional tax controversies, from pre-controversy planning to appellate litigation. Questions thepresenters will address include the following: What is thebest time to discuss settlement? How do you decidewhether to appeal administratively or go directly to court?When is it “worth it” to litigate? When should you file yourappeal in tax court (or similar tribunal) versus district court?How do you handle confidential information in litigation? Howcan you best manage the costs of litigation?

Learning Objectives:At the end of this session, the learner will be able to:- Identify strategies, best practices, and pitfalls relating totransactional tax administrative appeals;- Gain a better understanding of the opportunities to resolvetransactional tax controversies as early as possible; and- Identify and implement strategies to manage the litigationprocess, including litigation holds, discovery, motion practice,protecting confidential documents, presenting evidence at atrial or evidentiary hearing, and managing costs during eachstage.

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Speakers:Robbie K. Blacketer, CMISALT - DirectorGrant Thornton LLPDallas, Texas

Masha M. Yevzelman, Esq.Shareholder, Tax Disputes and LitigationFredrikson & Byron, P.A.Minneapolis, Minnesota

3 “Puerto Rico”

In an effort to improve its relatively low sales and use taxcollection rate, the Puerto Rico government has institutedsubstantial changes to the statute since its enactment in2006. This session will review the most recent round ofchanges, including those requiring the declaration andpayment of use tax at the point of entry and provideinformation and practical guidance to ensure compliance. Further, you will receive an update on the government’splans to replace the existing sales and use tax with a valueadded tax.

Learning Objectives:At the end of this session, the learner will be able to:- Learn the statutory and administrative framework andlegislation affecting the declaration, payment and filingobligations of the Puerto Rico use tax;- Identify the most recent amendments to the sales and usetax, which include changes to the nexus rules, merchantcertificates and the elimination of certain B2B exemptions,among others; and- Recognize the general business and practical implicationsof replacing the existing sales and use tax with a valueadded tax. Speakers:John T. Dalton, CMIDirector – Multi-Channel Indirect TaxWalmart Stores, Inc.Bentonville, Arkansas

Pablo HymovitzExecutive Director Indirect Tax Leader, Puerto RicoErnst & Young Puerto Rico LLCSan Juan, Puerto Rico

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MONDAY (Continued)

3 “Samples are Never Satisfying – Using Sampling in

the World of Advanced Data & Analytics Technologies” Has sampling in sales and use tax audits and reverse auditsbecome obsolete? With dramatic advances in technologiesand processes related to gathering, validating and analyzingtax sensitized data, many of the factors that have driventaxpayers to use sampling have disappeared. This sessionwill provide a high-level overview of the data & analyticstechnologies used in the sales & use tax audit function. It willalso explore how the functionalities and efficienciespresented by modern data & analytics solutions haveaffected the way taxpayers can conduct audits and reverseaudits, including whether the value proposition thathistorically has been delivered through sampling has beendiminished.

Learning Objectives:At the end of this session, the learner will be able to:- Be aware of new technologies the role they play in thefuture of tax audits;- Understand the differences between sampling and data &analytics technology;- Understand how new data & analytics technologies can beused to identify risk pre-audit; and- Articulate the shortcomings of current sampling processesused by state auditors.

Speakers:Christopher FontanaSenior Executive Director, State and Local TaxCBS CorporationNew York, New York

Garth RoarkManaging DirectorKPMG LLPSeattle, Washington

3 “Industry Issues - Oil & Gas”

This session will focus on sales and use tax hot topics facedby the oil and gas industry including a discussion of the latestcases (e.g. Southwest Royalties Inc v. Combs), rulings, andlegislation (e.g. Louisiana’s recently enacted sales/use taxlegislation). The volatility in our industry and newapproaches to business operations have given rise to newissues being faced by the industry.

Learning Objectives:At the end of this session, the learner will be able to:- Be familiar with sales/use tax recent developmentsimpacting the oil and gas industry as well as cutting edgeaudit level issues;

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MONDAY (Continued)/TUESDAY- Identify opportunities to minimize sales/use tax liabilities,maximize exemptions, and seek refund claims;- Learn challenging documentation requirements beingimposed by taxing authorities and auditors; and- Identify key issues to address in the area of sales/use tax. Speakers:Nicole M. Busey, Esq.Tax Legal & Audit ManagerMarathon Petroleum Company LPFindlay, Ohio

Doug Sigel, Esq. PartnerRyan Law Firm, LLPAustin, Texas

5:30 p.m. – 7:00 p.m. Reception

TUESDAY, SEPTEMBER 20

8:30 a.m. – 10:00 a.m. 3 General Session

“Modern Transactions: Crowdfunding, VirtualCurrencies, Online Delivery Models; Shared Economies”

This session will address how state and local governmentsare approaching new business models such as the sharingeconomy, cloud computing, and online commerce. Attendees will learn about the different types of businessesthat state and local governments are currently targeting aswell as the various outcomes across the country.

Learning Objectives:At the end of this session, the learner will be able to:- Understand the ways that state and local taxing authoritiesare applying pre-existing tax rules to new business models;- Become acquainted with state enforcement techniques, andthe types of cases that are percolating through the states;and- Learn the legislative and regulatory developments occurringwith respect to new business models and the prospectiveimpact these legal frameworks are likely to have.

Speakers:Susan K. Haffield, CPAPartnerPricewaterhouseCoopers, LLPMinneapolis, Minnesota

Christopher T. Lutz, Esq.Senior AssociateHorwood Marcus & Berk CharteredWashington, DC

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Thomas A. Pucci, CPASenior Director of Global Indirect TaxExpediaSeattle, Washington

10:15 a.m. – 11:45 a.m. 3 General Session

“The Year in Review”A look at the last twelve months of legal decisions, asummary of cases you need to know, critical cases pending,and trends within the court system.

Learning Objectives:At the end of this session, the learner will be able to:- Identify important issues that have been addressed by thecourts in the past year;- Evaluate whether recent precedent and pending cases arerelevant to the taxpayer; - Formulate strategies to leverage recent case lawdevelopments; and- Take proactive steps to take advantage of pending litigationrelevant to your company. Speakers:Mark W. Eidman, Esq.Managing PartnerRyan Law Firm, LLPAustin, Texas

Joseph A. Vinatieri, Esq.Attorney-At-LawBewley, Lassleben & Miller, LLPWhittier, California

Lee A. Zoeller, Esq., CMIPartnerReed Smith LLPPhiladelphia, Pennsylvania

11:45 a.m. – 1:30 p.m. Lunch

1:30 p.m. – 2:45 p.m. Breakout Sessions (8)

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TUESDAY (Continued)3 “Hot Topics in VAT” (Offered Twice)

Value-added taxes (VAT) is one of the most important andprolific tax regimes in the world today. This session will focuson the importance of VAT to governments and companiesaround the globe. In addition, many countries are introducingor have recently introduced a new VAT regime or arerumored to be contemplating such a move, includingMalaysia, China, India, Egypt, Puerto Rico. On top of this,there are a multitude of new regulations attempting toaddress complicated B2B and B2C supply chains and newtypes of services. We will provide a top level update on theVAT regulatory developments in selected markets andaddress certain consistent technical and practical challengesfaced by US multinational companies.

Learning Objectives:At the end of this session, the learner will be able to:- Obtain a better appreciation of how the VAT regimes work;- Gain a general and better understanding of the VATregimes in selected countries around the world;- Receive an introduction to the planned roll-out of new VATregimes and estimated timing for such; and- Gain additional knowledge on important VAT technicalissues. Speakers:Carlos V. Hernandez, CMISenior Manager Ernst & Young, LLPBoston, Massachusetts Philip WaltonSenior ManagerDeloitte Tax LLPChicago, Illinois

3 “The Resale Exemption – Your New Best Friend”

This session will address the broadly applicable resaleexemption from sales and use tax. The session will begin byfocusing on the variances in requirements betweenjurisdictions, including but not limited to: (1) the application totangible personal property vs. services, (2) the requirementthat tax is collected on the resale, and (3) the requirementsfor the form in which the item is resold. The session will alsoaddress conditions precedent to use of the exemption, howto defend a resale transaction on audit, and recent decisionswhich serve to expand or narrow the application of theexemption.

Learning Objectives:At the end of this session, the learner will be able to:- Recognize the requirements of the resale exemption invarying jurisdictions;

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TUESDAY (Continued)- Properly complete a resale certificate or otherdocumentation, and know when it is appropriate to accept aresale certificate;- Understand the tax implications of providing or receiving aresale certificate;- Defend a resale transaction on audit;- Identify opportunities to apply the resale exemption inunique ways.

Speakers:Pamela L. Wegner, CMISales/Use Tax & Property Tax ManagerSonoco Products CompanyHartsville, South Carolina

Jennifer S. White, Esq.AssociateReed Smith LLPNew York, New York

3 “Local Taxes: Compliance, Audits, and Controversy”

We have recently seen local governments becomeincreasingly more aggressive with respect to enforcement ofa variety of local taxes. Local governments are not onlyinterpreting pre-existing taxes to encompass significantlymore transactions, they are also pursuing litigation moreaggressively than previously.

Learning Objectives:At the end of this session, the learner will be able to:- Have a broader perspective on the various types of localunits of government and the relevance of the different typesof government regarding tax;- Have an understanding of how compliance with localgovernment taxes can deviate from state taxes and theimportance of developing methods to comply with localtaxes; and- Be familiar with positions local governments are taking andhow to manage controversies at the local level.

Speakers:Bob AndreSenior ManagerInternational PaperMemphis, Tennessee

Breen M. Schiller, Esq.PartnerHorwood Marcus & Berk CharteredChicago, Illinois

3 “Remote Sellers: Where Are We Now and Where Are

We Going?” (Offered Twice)

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TUESDAY (Continued)The e-commerce business model has been a colossalsuccess. According to the U.S. Commerce Department,online sales accounted for more than a third of total retailsales growth in 2015, totaling in excess of $341 Billion. Allgood news… so what’s the problem? If a remote retailer hasno physical presence in a state, the retailer is not obligated tocollect and remit that state’s sales tax. As such, states fail tocapture sales tax revenue on many out-of-state sales byremote sellers. This session will provide: an overview of thehistorical remote seller case law and recent developments;define some of the key issues facing remote sellers; anddiscuss the state attempts to force remote sellers, which lackphysical presence in the taxing state, to collect and remitsales tax. We will also compare the recent federal bills thatwould authorize states to require remote sellers to collect taxand highlight the key differences between these bills.

Learning Objectives:At the end of this session, the learner will be able to:- Summarize the U.S. Supreme Court decisions that requirephysical presence to impose a duty to collect sales/use taxupon an out-of-state seller; - Recognize and understand the top sales tax issues facingremote sellers; - Reference recent state laws targeting remote sellers (e.g.,AL, LA) and how the Big 4 (CA, FL, NY and TX) areexpanding the definition of nexus to generate tax revenue; - Understand the differences between the MarketplaceFairness Act of 2015, the Remote - Transactions Parity Actof 2015 and the Online Sales Simplification Act of 2015. Speakers:Brent R. Fryar, CMI, CPADirector – Specialty TaxWalmartBentonville, Arkansas

James (Jim) TauberManaging DirectorAndersen Tax LLCChicago, Illinois

3 “Utility Issues for Suppliers and Consumers”

This session will focus on the issues faced by utility suppliersand consumers of the services. Including a discussion ofissues resulting from book-outs, net metering, cogenerationand transmission/distribution.

Learning Objectives:At the end of this session, the learner will be able to:- Identify the issues that arise out of standard industrypractices;- Identify emerging issues; and- Understanding of the tax trends faced by the industry.

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Speakers:David L. Moore, CPAManager State & Local TaxesAmerican Electric PowerColumbus, Ohio

Gerard M. Quinlan, CPAPrincipalRyan, LLCDallas, Texas

3 “Hotel Industry – Checking In” The hotel industry faces a more distinct taxing scheme than most otherindustries. This session will examine the sales/use, occupancy, and othermiscellaneous taxes, along with issues associated within the hospitalityindustry.

Learning Objectives:At the end of this session, the learner will be able to:- Develop an overview of the hotel industry;- Identify developments and issues found in recent legislation, rulings andcase law- Identify best practices for dealing with the industry issues, special taxes andtax resources; - Discuss State’s aggressive tax positions; and- Have a better understanding of hotel tax issues, audit pitfalls, and currentdevelopments. Speakers:Jennifer M. Ardrey, JDManager, Indirect TaxGrant Thornton LLPChicago, Illinois

D. Mitchell Morton, CPA, CMI Senior Manager, Tax AuditHilton WorldwideMemphis, Tennessee

3 “Credit Card Bad Debts – Is Anyone Entitled to Sales

Tax Refunds?” Does your company issue private label credit cards? Doyour customers purchase on credit? Do you know whetheryour company or the finance company can claim sales taxrefunds or credits when your customers fail to pay off theirobligations? This session will explain the legal requirementsfor claiming refunds or credits for bad debts. The panelistswill discuss and debate both sides of the issue and willreview and critique some of the recent case law.

Learning Objectives: At the end of this session, the learner will be able to:

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- Recognize the common statutory requirements for claimingbad debt refunds or credits;- Become familiar with proof issues that may arise inestablishing entitlement to refunds or credits;- Appreciate the arguments on both sides of the aisle for theright to receive refunds or credits on bad debts; and- Explore ways to maximize bad debt refund or creditpotential.

Speakers:Amy F. Nogid, Esq.CounselSutherland Asbill & Brennan LLPNew York, New York

Thomas ZessmanSr. Tax ManagerUS Bank, NAMinneapolis, Minnesota

3 “Sales and Use Tax Automation” (Offered Twice)

You’ve heard the spiel on automating your sales and use taxprocesses. It all makes sense, but perhaps you have heardsome horror stories of implementations that didn’t go so welland want to know how to avoid the train from coming off thetrack.

Learning Objectives:At the end of this session, the learner will be able to:-Identify the appropriate third-party sales and use taxsoftware application for your business (dispelling the “onesize fits all” philosophy;-Discuss the necessity of getting buy-in for the automationproject from the various stakeholders impacted by the newsystem;-Explore return on investment calculations for justifying thecost associated with implementing a sales and use taxautomation system; -Discuss the impact business knowledge has onimplementing a new automation system; and-Explain various approaches to implementing a sales anduse tax automation system, including the advantages anddisadvantages with the varying approaches and selecting theapproach that makes the most sense for your company.

Speakers:Stuart D. Bray, CMIManager Non-Income Tax Tyson Foods, Inc.Springdale, Arkansas

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Steven E. Parish Principal – State and Local TaxRSM US LLPCharlotte, North Carolina

3:15 p.m. – 4:30 p.m. Breakout Sessions (8)

3 “Hot Topics: Sales and Use Tax Issues in Mergers

and Acquisitions” An overview of recent hot topics with sales and use taxrelated to M&A. Gain knowledge not only about what’s newthis year, but also recommendations on how to integrate andresolve some of the issues discovered in a due diligencereview.

Learning Objectives: At the end of this session, the learner will be able to:- Develop a good understanding of the key indicators utilizedby leadership to evaluate the indirect tax department;- Identify best practices for communicating critical informationto leadership (potentially before they even ask);- Understand the viewpoint of leadership with regard tocritical needs and wants from your department; and- Discuss alternatives to facilitate upward management ofcritical tax developments and decisions. Speakers:Jordan Goodman, Esq., CPAPartnerHorwood Marcus & Berk, CharteredChicago, Illinois Julie Stakenburg, CPADirector of US Indirect TaxAccentureSan Francisco, California

3 “Hot Topics in VAT” (Offered Twice)

Value-added taxes (“VAT”) is one of the most important andprolific tax regimes in the world today. This session will focuson the importance of VAT to governments and companiesaround the globe. In addition, many countries are introducingor have recently introduced a new VAT regime or arerumored to be contemplating such a move, includingMalaysia, China, India, Egypt, Puerto Rico. On top of this,there are a multitude of new regulations attempting toaddress complicated B2B and B2C supply chains and newtypes of services. We will provide a top level update on theVAT regulatory developments in selected markets andaddress certain consistent technical and practical challengesfaced by US multinational companies.

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Learning Objectives:At the end of this session, the learner will be able to:- Obtain a better appreciation of how the VAT regimes work;- Gain a general and better understanding of the VATregimes in selected countries around the world;- Receive an introduction to the planned roll-out of new VATregimes and estimated timing for such; and- Gain additional knowledge on important VAT technicalissues. Speakers:Carlos V. Hernandez, CMISenior Manager Ernst & Young, LLPBoston, Massachusetts Philip WaltonSenior ManagerDeloitte Tax LLPChicago, Illinois

3 “State Sales and Use Tax Trends: Coping with

the Digital World” (Offered Twice) This session will provide an update on the core issuesinvolved in the application of state sales and use tax topurely digital transactions, with a focus on how buyers andsellers can handle the rapid rate of development of the law inthis area and ongoing state-to-state conflicts. Particularattention will be paid to nexus, characterization, taxability,and sourcing issues arising from cloud computing, thepurchase of digital products, and the use of virtual currency.

Learning Objectives:At the end of this session, the learner will be able to:- Assess the impact of changing laws and continued conflictbetween the states in relation to purely digital transactions;- Assess the impact of changing laws and continued conflictbetween the states in relation to purely digital transactions;and- Determine the basic application of nexus, characterization,taxability, and sourcing rules to these transactions.

Speakers:Jim Ervin, Esq. PartnerHolland & KnightTallahassee, Florida

Brian J. KirkellPrincipal RSM US LLPWashington, DC

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TUESDAY (Continued)3 “Navigating Washington Sales and Use Tax and

Business & Occupation Tax” Washington’s Business and Occupation (“B&O”) tax has astrange and symbiotic relationship with the state’s sales/use tax. There are also numerous local jurisdiction B&O taxeswhich are similar yet different enough from the state’s tax tocause confusion and frustration. This session will discussthese taxes and provide the formula for solving Washingtontax issues which involves first classifying revenue streams,then determining if physical and/or economic presence nexusexists, sourcing and apportioning gross receipts, identifyingand documenting deductions, claiming tricky credits,identifying and complying with the local taxes, and managingaudits.

Learning Objectives:At the end of this session, the learner will be able to:- Understand the differences between Washington’s B&O taxvs. sales/use tax vs. the local B&O taxes;- Understand the gross receipts classifications at the stateand city levels; - Determine which nexus standard applies; and- Apply audit management techniques.

Speakers:Darcy N. Kooiker, CPAPrincipalRyan, LLCBellevue, Washington

Tarah (Seehafer) McLaughlin, CPAState & Local Tax DirectorWeyerhaeuserSeattle, Washington

3 “Manufacturing Exemptions and Related Issues –

How to Maximize Exemptions and Minimize Your TaxLiabilities!” The majority of states enact sales tax incentives formanufacturers that allow manufacturing concerns to exemptsales tax or a reduced tax rate on certain purchases withinthe manufacturing operations. This course will offer you anunderstanding of the fundamentals of sales tax in amanufacturing setting, an overview of manufacturingexemptions and teach you how to examine yourmanufacturing operations by providing you an understandingthe scope of manufacturing, how to identify applicableexemptions and apply its specific requirements, andstrategies on getting the best result when under audit by astate. Sales tax errors that keep on occurring might evolveinto substantial overpayments or underpayments of salestax. Each state has the authority to audit the books oftaxpayers for a specified time period, which is typically the

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past three or four years. State sales tax audits bringtransactional errors to the attention of your boss by issuing atax assessment. Avoid sales tax mistakes by trainingemployees on your sales tax process. This course will bethe first step to help eliminate costly tax errors and to helpwith the proper administration of your sales tax process.

Learning Objectives:At the end of this session, the learner will be able to:- Understand the fundamentals of sales tax in amanufacturing;- Understand the scope of manufacturing - production startand end points in the process; - Identify types of purchases that may qualify for exemptionincluding, e.g.: machinery and equipment; ingredients andcomponent parts; consumables used in production; repairparts and repair services; equipment used in research anddevelopment; pollution control equipment; containers andother packaging and shipping materials; fuel and electricityand performing utility studies; and- Recognize key strategies in defending a sales and use taxaudit.

Speakers:Daniel E. MegathlinPrincipal – State and Local TaxationCrowe Horwath LLPAtlanta, Georgia

James San Fillippo, CPADirector, Multi-State Tax ServicesBDOMilwaukee, Wisconsin

3 “Construction Issues in Sales and Use Tax”

This break-out session will explore fundamental sales anduse tax issues with respect to the construction industry,focusing on definitional and taxability aspects.

Learning Objectives:At the end of this session, the learner will be able to:- Understand the framework for defining key terms, such as“construction contractor” and “real property”;- Understand the basic tax treatment of constructioncontractors as purchasers and retailers;- Identify broad categories of exemptions; and- Develop an understanding of industry trends.

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Speakers:Linda Joers, CMISenior ManagerDeloitte Tax LLPMilwaukee, Wisconsin

Luis G. PartidaState Tax ManagerBechtel CorporationHouston, Texas

3 “Taxing the Cloud and Electronically

Delivered Software” Cloud technology has fast become the norm and not theexception as the backbone of the IT platform. This sessionwill cover the business strategy drivers for using thetechnology and the challenges faced by the purchases ofCloud technology.

Learning Objectives:At the end of this session, the learner will be able to:- Identify the key strategic business drivers for using Cloud;and- Evaluate the approaches used to tax the Cloud and thechallenges faced by purchasers with respect to these taxes.

Speakers:Carolynn S. lafrate Kranz, Esq.PartnerIndustry Sales Tax SolutionWashington, DC

Jill D. Nielsen Managing DirectorKPMG LLPChicago, Illinois

3 “Internet of Things – What is it and why do I care?”

(Offered Twice) All we hear about is this concept of the “Internet of Things”(IoT) – what does it mean, where did it come from, is it justthe latest buzz word and how does it impact taxprofessionals, if at all? This in-depth session will walkthrough how IoT became such a big term in today’stechnology lexicon and where it is headed. From telematics,the connected home and smart cities to the “connected cow”,IoT is affecting organizations across the spectrum ofindustries - the presenters will discuss the implications andpractical advice related to this shifting landscape and whatevery tax professional needs to know to tackle IoT today andinto the future.

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TUESDAY (Continued)Learning Objectives:At the end of this session, the learner will be able to:- Discuss the Internet of Things and its impact on the broadereconomy;- Understand the broad implications of how a connectedworld affects all industries;- Determine how tax rules that were mostly written for amanufacturing economy are going to need to be interpretedto guide taxation of these new emerging technologies;- Understand the skill set needed to interpret new agesservices that could be deemed telecommunications, cloud,professional services as well as information services and theimpact that bundling these could have on the final taxationdecision; and- Gain an awareness of the novel issues surrounding theseground-breaking technological changes that will impactconsumers, business and how the world works globally. Speakers:Joe GrecoVice President, Indirect TaxVerizon CommunicationsBasking Ridge, New Jersey

James E. NasonPartnerDeloitte Tax LLPParsippany, New Jersey

5:00 p.m. – 6:00 p.m. CMI Exam Information 3 “CMI – Sales Tax Review”This session provides a review of the Sales/Use Taxprofessional Certified Member of the Institute (“CMI”)designation certification program. This session will reviewthe structure of the written exam, as well as the requirementsfor obtaining this designation. This session will also providean overview of the study tools a tax professional can utilize tobetter prepare for attaining this designation, and will providean 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 TaxDesignation including the requirements, what concepts areincluded in the exam and how the exam is conducted;- Understand what tools are available to assist withpreparation for the exam; and- Identify the various elements of the IPT Code of Ethics.

Speakers:CMI Committee Representatives

##### 6:00 p.m. - 9:00 p.m.#####OPTIONAL DINNER AT CHEF JJ’S - See Page 37

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WEDNESDAY, SEPTEMBER 21

8:30 a.m. – 10:00 a.m. 3 General Session

“Creating a Department that Adds Value: More ThanInternal Tax Advisers, But Business Partners “Corporatetax departments vary in several ways from one organizationto another. Whether it be the size of the department, theemphasis placed on compliance versus planning, or howactive the department is with lobbying for legislation, eachdepartment has a unique approach to working within theirrespective company. This session will focus on some of theapproaches taken to bring a quantifiable value prop to thetable within their respective organization.

Learning Objectives:At the end of this session, the learner will be able to:- Comprehend a number of ways in which different taxdepartments have determined they can add value to thebusinesses they service. - Realize that building a tax department is not a one-size-fits-all solution; every company functions differently, withdifferent tax problems occurring within different politicalenvironments. - Reflect upon the conversation and take away some ways inwhich their own tax department, or that of their client, mightbe able to function as a better business partner that addsmore value to their organization

Moderator:Marilyn A. Wethekam, Esq.PartnerHorwood Marcus & Berk Chartered

Chicago, Illinois

Speakers:Paul A. Broman, Esq.State Tax Issues & AppealsBP AmericaHouston, Texas

Jeffrey L. Hyde, Esq.Senior State Tax CounselIBM CorporationArmonk, New York

10:15 a.m. – 11:45 a.m. 3 General Session “Overthrowing Quill”As states continue to expand their sales and use tax nexusprovisions to unprecedented levels in an effort to elicit ajudicial challenge to the Quill physical presence standard,remote sellers are being forced to re-evaluate their collectionresponsibilities nationwide. In this session, the speakers willexplore the various types of provisions that states haveutilized to expand nexus to remote sellers, with a particularfocus on specific efforts during state legislative sessions this

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WEDNESDAY (Conclusion)

year. The session will also highlight current and expectedlitigation resulting from these provisions and the potentialimpact it may have on Quill. The speakers will conclude byproviding an overview of the current remote sales taxproposals being considered by Congress and the protectionsoffered in each.

Learning Objectives:At the end of this session, the learner will be able to:- Explain the rules regarding the imposition of sales and usetaxes on remote sellers and explain the various provisionsstates have utilized to expand nexus to remote sellers;- Identify specific state legislation that expanded (orthreatened to expand) nexus to or additional burdens onremote sellers or other parties and subsequent litigation thatresulted therefrom;- Analyze the impact of these legislative and litigation effortson the Quill physical presence standard and the burdensimposed on remote sellers; and- Breakdown the protections offered by the various proposedfederal remote sales tax legislation and understand howeach bill would apply to remote sellers.

Speakers:William M. Backstrom, Jr., Esq.PartnerJones Walker LLPNew Orleans, Louisiana

Stephen P. Kranz, Esq.PartnerMcDemott Will & EmeryWashington, DC

Margaret C. Wilson, Esq., CMIPartnerWilson Agosto LLPSomerville, New Jersey

CONCLUSION OF PROGRAM

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2016 SALES TAX SYMPOSIUM COMMITTEE MEMBERS (17):

ChairTrisha Fortune, CMI, CPAPrincipalRyan, LLCAustin, TX(512) [email protected]

Vice ChairKyle M. Brehm, Esq.State and Local Tax DirectorPricewaterhouseCoopers, LLPMinneapolis, MN(612) [email protected]

Jesse R. Adams, III, Esq.PartnerJones Walker LLPNew Orleans, LA(504) [email protected]

Winona Dotson, CMIManager, Sales & Use TaxSaint Gobain CorporationValley Forge, PA(610) [email protected]

Anne DuffyPartner - Tax ServicesErnst & Young, LLPSan Francisco, CA(415) [email protected]

David N. Elder, CPADirectorRSM US LLPLake Worth, FL(561) [email protected]

Lauren A. Ferrante, Esq.AssociateMcDermott Will & Emery LLPChicago, IL(312) [email protected]

Rick L. Johnson, CMIDirector - Indirect TaxesBelk Stores Services, Inc.Charlotte, NC(704) [email protected]

Reid OkimotoManaging Director, TaxKPMG LLPSeattle, WA (206) [email protected]

Judy A. Spinelli, CMISenior Tax ManagerNestle Purina PetCare CompanySt. Louis, MO(314) [email protected]

Scott Steinbring, CPAPartner - State & Local TaxDeloitte Tax LLPHouston, TX(713) [email protected]

Philip B. Tate, Jr., CMI, CPADirectorHilton WorldwideMemphis, TN (901) [email protected]

Maria M. Todorova, Esq.CounselSutherland Asbill & Brennan LLPAtlanta, GA(404) [email protected]

Joel R. Wamser, CMIManager - Sales & Use TaxFiserv Inc.Brookfield, WI (262) [email protected]

Marilyn A. Wethekam, Esq.PartnerHorwood Marcus & Berk CharteredChicago, IL(312) [email protected]

Caroline Wright, CMIManagerGrant Thornton LLPHouston, TX (832) [email protected]

Lee. A. Zoeller, Esq., CMIPartnerReed Smith LLP

Philadelphia, Pennsylvania [email protected]

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CONTINUING EDUCATION CREDIT

IPT is accredited by NASBA for CPE purposes. IPT files a Continuing Legal Education (CLE)application with the state in which the program is held. Any fee imposed by an individual statebased on an individual’s credit hours is the responsibility of the individual.

The Institute for Professionals in Taxation is registered with the National Association of StateBoards of Accountancy (NASBA) as a sponsor of continuing professional education on theNational Registry of CPE Sponsors. State boards of accountancy have final authority on theacceptance of individual courses for CPE credit. Complaints regarding registered sponsors maybe submitted to the National Registry of CPE Sponsors through itswebsite:www.learningmarket.org. Approximately 20.0 continuing education credit hours,including 2.0 IPT ethics credit hours, are available for full program attendance. In accordancewith the standards of the National registry of CPE Sponsors, CPE credits have been grantedbased on a 50-minute hour. CMIs will obtain hour-for-hour continuing education credits forattendance. Registrants who wish to obtain credit from other organizations for the symposiummay use the Certificate of Attendance provided by IPT for this program.

Prerequisites: NoneProgram Level: Intermediate Overview of Timely Sales and Use Tax

Issues (Excepting “Beginner Basic,” “CMI Review”)NASBA Field of Study: Taxation, EthicsInstructional Method: Group LiveAdvanced Preparation: None

As required by regulatory agencies, IPT must verify individual attendance at sessions in order togrant Continuing Education Credits. Each attendee’s name badge has a unique bar code thatidentifies that individual. In order to obtain CE credit, the individual must have his or her bar-coded badge scanned during the first 15 minutes of each session. No credit for the session willbe given to un-scanned attendees. Lost name badges should be reported immediately to theregistration desk for a replacement. Each attendee will be able to request a copy of his or herscanned attendance (Certificate of Attendance) through the IPT website on the “My Participation”tab approximately two weeks after the end of the program.

CMI DESIGNATION

The Institute for Professionals in Taxation's designation "Certified Member of the Institute" (CMI)is available to anyone who is a sales tax member of the Institute in good standing and who meetsall other requirements. The purpose of the certification program is to further the professionaldevelopment of its members. For further information, please contact the IPT Office or visit theInstitute’s web site: www.ipt.org.

All CMIs present at the program will have a yellow coded badge.

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Page 37: Program - Institute for Professionals in Taxation Home associated with implementing a sales and use tax automation system; -Discuss the impact business knowledge has on implementing

2016 Sales Tax Symposium General SponsorsDuCharme, McMillen & Associates, Inc.

Ernst & Young LLPGrant Thornton LLP

Marvin F. Poer and CompanyMcDermott Will & Emery LLP

MK Strategies

Pritchett Sales & Use Tax ConsultingReed Smith LLP

RSM US LLPRyan

Ryan Law Firm, LLP

Monday Breakfast Barnwell Consulting, LLC

Monday Reception Sovos Compliance, LLC.

Tuesday Breakfast Vertex, Inc.

Tuesday Morning Break Jones Walker LLP

Tuesday Dinner Outing Ryan, LLC

Internet Service Weaver

Charging Station Sponsor PricewaterhouseCoopers LLP

Mobile App Sponsor MK Strategies

2016 Sales Tax Symposium Event Sponsors

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