SALT FORUM SESSIONS

Thursday, October 20-Friday, October 21, 2022 All Times Listed are Central Time Zone

Views from Government Tax Administrators

The full forum kicks off with a unique opportunity to hear directly from tax administrators about the current trends and concerns they are facing. At this session, senior state tax officials will candidly discuss the history, evolution, and current hot topics in state tax issues and provide their individual perspective on issues to watch over the next few years.

Joe Huddleston,
Managing Director, Tax Services, EY LLP; Washington, DC (Moderator)

Ray Langenberg,
Special Counsel, Texas Comptroller of Public Accounts; Austin, TX

Luke Morris,
Deputy Secretary, Louisiana Department of Revenue; Baton Rouge, LA

Frank O’Connell,
Deputy Commissioner, Georgia Department of Revenue; Atlanta, GA

Top Ten Income Tax Cases

A returning classic of the Hartman SALT Forum, these three state tax experts will once again cover the top ten income tax cases that all SALT professionals should be watching and will offer their insights into the issues that are likely to dominate in the coming year. 

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

Lynn Gandhi, Partner, Foley & Lardner LLP; Detroit, MI

Break

Extreme Apportionment – Bad Facts Make Bad Factors

State taxing authorities have worked hard to reduce “nowhere income,” but what about the opposite result of applying inconsistent state apportionment rules? Taxpayers are often caught between conflicting rules and forced to pay state-level income taxes on more than 100% of their income, sometimes more than 200%. This panel will discuss these all too common occurrences of extreme apportionment and provide tips and best practices for what taxpayers can do when bad facts make bad factors.

Jeffrey Friedman,
Partner, Eversheds Sutherland (US); Washington, DC

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

Brian Kirkell,
Principal, RSM US LLP; Upper Marlboro, MD

Allocation: Double Taxation and Other Issues

Although apportionment often gets the headlines, allocation of large gains from the sale of a business, whether accomplished as the sale of assets or the sale of a business entity, and sourcing goodwill can result in just as many issues and can even result in double taxation of the allocated income. This panel will address these tricky allocation issues with a particular focus on the problems that arise with sourcing investment income.

Nicole Johnson, 
Partner, Blank Rome LLP; New York, NY

Alysse McLoughlin,Attorney, Jones Walker LLP; New York, NY

Breen Schiller, 
Principal, EY LLP; Chicago, IL

A Beginners Guide to Crypto

More and more often, taxpayers, practitioners, and administrators are discussing tax issues related to bitcoin, distributed ledger, and cryptocurrency, but what are they even talking about?  This lunch presentation will provide a basic understanding of digital asset technology as the fundamental first step to learning how this new class of assets (and their associated transactions) should be taxed. 

Cryptocurrency…NFTs…the Metaverse…and Taxes!

As the virtual world changes the way we do business, execute transactions, and consume entertainment, tax practitioners face a challenge. The state and local tax laws are catching up to the blockchain but leave many unanswered questions. This session will identify policy issues, attempt to make sense of the metaverse, and help you understand how to approach varying state tax issues related to this new frontier. 

Eric Anderson,
Managing Director, Andersen; San Francisco, CA

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

Jeff Cook,Senior Manager, Washington National Tax,
KPMG LLP; Washington, DC

The Ins and Outs of State NOL Deductions And Credits

Net operating losses and tax credits are important tax attributes for many companies. NOLs are a necessary part of any good income tax system, taking the sting out of a lumpy earnings history, and tax credits are often allowed by state legislatures to incentivize specific actions. Despite this, state legislatures also often restrict NOLs and tax credits in ways that undermine their intended policy benefits. This session will analyze these issues and help you minimize the risks to NOLs and maximize the usefulness of credits.

Barbara Coulter,
Partner, PwC; Atlanta, GA

Lorie Fale,Partner, Akerman LLP; Miami, FL

Kyle Sollie,
Partner, Reed Smith LLP; Philadelphia, PA

The New Frontier in Mergers and Acquisitions

This past year has been a historic one for deal volume. In this session, the speakers will cover unique issues on diligence, discuss how to navigate the role of representations and warranties insurance, and provide practical guidance to successfully close a transaction from both a buy-side and sell-side perspective.

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

Karen Dean, Vice President, Tax Planning & Controversy, Lumen Technologies; Broomfield, CO

David Machemer, Managing Director, EY; Chicago, IL

Leighanne Scott, Partner, PwC; Washington, DC

Top 10 Sales and Use Tax Developments

This session will cover the top ten developments and trends in indirect taxes, including significant cases (both decided and pending), and important legislative developments, rulings, and audit trends. The panel will discuss tips, risks, opportunities, and mitigation ideas to consider as you encounter these developments.    

Carolynn Kranz, Managing Member, Kranz & Associates/ISTS; Doylestown, PA

Stephen Kranz, Partner, McDermott Will & Emery LLP; Washington, DC

Justin Stringfield, Tax Managing Director, KPMG LLP; Nashville, TN

Continental Breakfast

New Ethical Challenges Emerge as the COVID-19 Pandemic Fades – The COVID-19 pandemic has caused unexpected changes and disruptions to society, including to the legal and accounting   professions. Despite these challenges, attorneys and accountants must still comply with their ethical obligations. Several state bar and CPA associations have published guidance to help   their members with their ethical duties during COVID-19. This session will highlight some of the emerging ethical issues that counsel and CPAs should consider as the pandemic wanes. (60 Regulatory Ethics Min.)

Jedediah Bodger, Vice President Tax, Sierra Nevada Corporation; Sparks, NV

Lila Disque, Deputy General Counsel, Multistate Tax Commission; Washington, DC

Janette Lohman, Partner, Thompson Coburn LLP; St. Louis, MO

Glenn McCoy, Principal, Ryan
LLC; New York, NY

Break

Managing the Risks of a Remote Workforce

In the last decade, remote work has become a fixture of the modern workplace. More employees are demanding the ability to work from home, and more companies are finding it necessary to fill positions with employees in far-flung locations. This can create chaos for human resources and tax compliance personnel and have unexpected tax consequences for those who are not prepared. This panel will consider how to manage the multi-state income tax withholding, local income tax withholding, unemployment insurance, and entity-level tax consequences of a remote workforce.

Kelvin Lawrence, Partner, Dinsmore & Shohl LLP; Columbus, OH

Kimberly Magner, Vice President, Corporate Taxes, JM Family Enterprises, Inc.; Deerfield Beach,
FL

Break

Market Sourcing and Factor Presence Nexus Trends

Which comes first: nexus (chicken) or apportionment (egg)? In this session, the speakers will discuss trends regarding states’ adoption of market-based sourcing of services and factor presence nexus standards, constitutional issues raised by those trends as seen in recent litigation, as well as the PL 86-272 concerns that seemingly always come along for the ride.

Richard Cram, Director, National Nexus Program, Multistate Tax Commission; Washington, DC

Goodman v. Pomp – Heavyweight Battle – Goodman v. Pomp Live! 

Jordan M. Goodman and Professor Richard D. Pomp return to square off and determine who is the heavyweight champion of all things SALT! Join us for a wide-ranging debate covering all corners of the state and local tax landscape. 

Jordan Goodman, Partner, HMB Legal Counsel; Chicago, IL

Rick Pomp, Professor, NYU/UConn; West Hartford, CT

Lunch & Break

The Continued Struggle to Make Sense of Multistate Taxation of Pass-Through Entities – In just the last two years, new state judicial and administrative decisions have called into question how and where multistate pass-through entities and their owners should be subject to state income tax, and no one seems certain or happy about the possible ramifications of those decisions. This panel will discuss these seemingly inconsistent decisions, the new and ambitious uniformity project on the state taxation of partnerships being undertaken by the Multistate Tax Commission, the explosion of recently-enacted state pass-through entity taxes, and other important SALT developments affecting America’s most popular form of business entity. 

Courtney Clark, Multistate Tax Services Partner, Deloitte Tax LLP; Columbus, OH

Bruce Ely,Partner, Bradley LLP; Birmingham, AL

Tanya Svoyskaya, Partner, PwC; Washington, DC

Steven Wlodychak, Retired Principal, EY LLP & Columnist, Tax Analysts; Vienna, VA

Conformity, “Conscious Coupling/Decoupling,” and Inadvertent Disconnects – State Issues from Federal Taxes

State conformity with the federal Internal Revenue Code and the Consolidated Return Regulations is one of the most complex topics in state corporate income taxation. This panel will explore why understanding state conformity (or non-conformity) with federal statutes and regulations has become even more important, given the enactment of significant federal tax legislation like TCJA and CARES Act. Panelists will not only discuss considerations for separate reporting states but also explore the often-surprising implications in combined reporting states.

Ocean Mills,State Tax Director & Head of US Tax Controversy, BlackRock, Inc.; New York, NY

Jessica Morgan, Senior Manager,
EY LLP; Cleveland, OH

Alexis Morrison-Howe,Tax Principal, Deloitte Tax LLP; Concord,
MA

Robert Ozmun, Partner, PwC; Boston, MA

ESTIMATED TOTAL CONTINUING EDUCATION CREDIT HOURS AVAILABLE THURSDAY & FRIDAY:

875 MINUTES CLE: 14.58 hours (Includes 1 Ethics Hour*); CPE: 17.5 hours (includes 1 Regulatory Ethics Hour*) (17.5 NASBA) 

ESTIMATED TOTAL CONTINUING EDUCATION HOURS AVAILABLE WEDNESDAY, THURSDAY & FRIDAY:

1115 MINUTES CLE: 18.58 hours (Includes 1 Ethics Hour*); CPE:  22.3 hours (includes 1 Regulatory Ethics Hour*) (22 NASBA)

*Ethics Hours are subject to approval by the controlling State Boards and are included in the total hours provided.