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IPT Insider Institute for Professionals in Taxation ® The SALT Professionals Community March 2016 In this Issue President’s Corner 2 Calendar of Events 3 News You Can Use 4 40th Annual Conference 9 IPT Educational Resources 10 Sales Tax School II 10 Basic State Income Tax School 11 Advanced State Income Tax School 11 Credits and Incentives School 12 Real Property Tax School 12 NW Regional Property Tax Seminar 13 IPT Local Luncheon Information 13 IPT New Members 14 Property Tax Calendar 15 Just One More 16 Member Spotlight 17 CMI Corner 18 CMI & CCIP Candidate Connection 19 Income Tax Credits and Incentives Last to Know: Inserting Your- self in the Process Being the last to know about a major operations project can be frustrating for the tax department, but more importantly, it can be very costly for the company. With a business climate characterized by mobile capital and focused on maximizing shareholders’ returns, it is surprising that one of the largest costs to operating a company is overlooked when evaluating major changes to operations. The benefits of involving the tax department include tax planning, securing business incentives, and providing executives with an accurate business model, thus allowing them to make more educated decisions regarding operations projects. Sharon M. Welhouse Principal Ryan Phone: (512) 476-0022 Email: [email protected] Melissa Munoz Manager, Credits and Incentives Ryan Phone: (505) 503-4987 Email: [email protected] Article begins on page 5 Property Tax Implications of the Combined Use of the Sales Throwback Rule and Single-Sales Factor Apportionment As states hurtle forward to adopt single- sales factor apportionment (“SSFA”), we see it used with increasing frequency in combination with the sales throwback rule (“STR”). Since the purpose of the STR is to increase the sales factor in states where sales originate, use of the STR in tandem with SSFA exaggerates the effect of an origin-biased sales factor in absence of the mitigating effect that, historically, was provided by property and payroll factors. In this article we’ll explore how the STR interacts with SSFA, discuss the applicability of two seminal Supreme Court decisions, and then reflect on constitutional implications of the combined use of SSFA and the STR. Joe Schmidt, Esq., CPA State and Local Tax Director Grant Thornton LLP Denver, CO Phone: (303) 813-3958 Email: [email protected] Article begins on page 7 Florida May Phase Out Business Rent Tax Florida businesses may soon get a break on their business rent tax. Legislation to lower the nation’s only statewide sales tax on commercial real estate leases is expected to pass this session. The governor and supporting groups believe the tax reduction will help create new jobs and make Florida even more attractive to businesses looking to relocate. William C. Coleman III Marvin F. Poer and Company Orlando, FL Phone: (321) 732-7001 Email: [email protected] Article begins on page 4

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Page 1: IPT Insider - Liberating our clients from the burden of ... · In this Issue President’s Corner ... Sales and Use Taxation 2nd edition is just one of several ... March 2016 IPT

IPT InsiderInstitute for Professionals in Taxation®

The SALT Professionals Community

March 2016

In this IssuePresident’s Corner . . . . . . . . . . . . . . . . . . . . . . 2Calendar of Events . . . . . . . . . . . . . . . . . . . 3News You Can Use . . . . . . . . . . . . . . . . . . . . 440th Annual Conference . . . . . . . . . . . . . . . . 9IPT Educational Resources . . . . . . . . . . . . 10Sales Tax School II . . . . . . . . . . . . . . . . . . . 10

Basic State Income Tax School . . . . . . . . . 11Advanced State Income Tax School . . . . . . 11Credits and Incentives School . . . . . . . . . . 12Real Property Tax School . . . . . . . . . . . . . . 12NW Regional Property Tax Seminar . . . . . . 13IPT Local Luncheon Information . . . . . . . . . 13

IPT New Members . . . . . . . . . . . . . . . . . . . 14Property Tax Calendar . . . . . . . . . . . . . . . . 15Just One More . . . . . . . . . . . . . . . . . . . . . . 16Member Spotlight . . . . . . . . . . . . . . . . . . . . 17CMI Corner . . . . . . . . . . . . . . . . . . . . . . . . . 18CMI & CCIP Candidate Connection . . . . . . 19

Income TaxCredits and Incentives

Last to Know: Inserting Your-self in the ProcessBeing the last to know about a major operations project can be frustrating for the tax department, but more importantly, it can be very costly for the company. With a business climate characterized by mobile capital and focused on maximizing shareholders’ returns, it is surprising that one of the largest costs to operating a company is overlooked when evaluating major changes to operations. The benefits of involving the tax department include tax planning, securing business incentives, and providing executives with an accurate business model, thus allowing them to make more educated decisions regarding operations projects. Sharon M. Welhouse Principal Ryan Phone: (512) 476-0022 Email: [email protected] Munoz Manager, Credits and Incentives Ryan Phone: (505) 503-4987 Email: [email protected]

Article begins on page 5

Property Tax

Implications of the Combined Use of the Sales Throwback Rule and Single-Sales Factor Apportionment As states hurtle forward to adopt single-sales factor apportionment (“SSFA”), we see it used with increasing frequency in combination with the sales throwback rule (“STR”). Since the purpose of the STR is to increase the sales factor in states where sales originate, use of the STR in tandem with SSFA exaggerates the effect of an origin-biased sales factor in absence of the mitigating effect that, historically, was provided by property and payroll factors. In this article we’ll explore how the STR interacts with SSFA, discuss the applicability of two seminal Supreme Court decisions, and then reflect on constitutional implications of the combined use of SSFA and the STR. Joe Schmidt, Esq., CPA State and Local Tax Director Grant Thornton LLP Denver, CO Phone: (303) 813-3958 Email: [email protected]

Article begins on page 7

Florida May Phase Out Business Rent TaxFlorida businesses may soon get a break on their business rent tax. Legislation to lower the nation’s only statewide sales tax on commercial real estate leases is expected to pass this session. The governor and supporting groups believe the tax reduction will help create new jobs and make Florida even more attractive to businesses looking to relocate.William C. Coleman III Marvin F. Poer and Company Orlando, FL Phone: (321) 732-7001 Email: [email protected]

Article begins on page 4

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2 March 2016 IPT Insider

They say that March roars in like a lion and for IPT that’s true! After a quiet January, we just completed Sales Tax School I in Atlanta, our first School of the year. We had a great class of students, terrific faculty and the first group of professional designation candidates for 2016 sat for the CMI Sales Tax exam. I extend my thanks to Sales Tax School I Chair Brenda S. Kelley, CMI, CPA, and to CMI Professional Designation - Sales Tax Chair Vicki C. Harris, CMI, and Vice-Chair Michelle D. Swanson, CMI, and their committees for a job well done.

We held our first distance learning course Base Erosion and Profit Shifting in mid-February and Distance Learning Chair Robert D. Butterbaugh, CMI, and Co-Vice Chairs, Barbara A. Hahn, CMI, and Selena G. Longway, CMI, along with the committee are working on four more distance learning sessions for the coming months. The first week of March, I’m headed to New Orleans for the ABA-IPT Advanced Tax Seminars, which always cover great topics and give me the chance to catch up with industry colleagues and other members of IPT.

But it’s not just about the Schools, Seminars and Distance Learning Sessions. I am happy to let you know that the Sales and Use Taxation 2nd edition is now available for purchase on a convenient and portable flash drive. The discounted price for IPT members is $100 and $125 for those employed by companies with IPT members. The cost for non-members is $175. I thank William F. Fox, Ph.D., for his tireless work and considerable time commitment to IPT as editor for this text.

Margaret C. Wilson, CMI, Esq. President June 2015-2016

President’s Corner

Sales and Use Taxation 2nd edition is just one of several publications that are currently available from IPT. The others include:

• Property Taxation 4th Edition (2014)

• State Business Income Taxation 1st Edition (2012)

IPT will add to this list in June when we publish the 2016 Third Party Drop Shipment Survey, a one-of-a-kind resource valuable to professionals within our industry. We are accepting pre-orders for the survey, click here to complete the order form.

And, of course, there is the Annual Conference in Traverse City, Michigan. You may have seen a video message from me in your email about the Conference. (If you didn’t see it, it is well-worth your three minutes!) We have many great sessions planned for the Conference, and I especially look forward to honoring IPT’s 40-year legacy of educational excellence in building a robust community in which SALT professionals thrive.

You will see more information about the Conference in the coming weeks including detailed session information, tips for traveling to Traverse City, and what you can do when you get there. Trust me; it’s more than you may think! So I look forward to seeing you June 12 – 15 at the Grand Traverse Resort and Spa for our 40th Annual Conference and don’t forget to bring your golf clubs and dancing shoes!

Margaret C. Wilson, CMI, Esq. President June 2015-2016

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March 2016 IPT Insider 3

2016 CALENDAR OF EVENTS

ABA-IPT Advanced Income Tax Seminar The Ritz-Carlton New Orleans, LA February 29-March 1, 2016

ABA-IPT Advanced Sales/Use Tax Seminar The Ritz-Carlton New Orleans, LA March 1-2, 2016

ABA-IPT Advanced Property Tax Seminar The Ritz-Carlton New Orleans, LA March 3-4, 2016

Michigan One-Day Tax Seminar Domino’s Pizza World Resource Center Ann Arbor, MI April 29, 2016

Sales Tax School II Marriott Kingsgate Conference Center Cincinnati, OH May 1-6, 2016

Basic State Income Tax School The Inverness Hotel and Conference Center Englewood, CO May 22-27, 2016

Advanced State Income Tax School The Inverness Hotel and Conference Center Englewood, CO May 22-27, 2016

Credits & Incentives School The Inverness Hotel and Conference Center Englewood, CO May 23-26, 2016

CMI Sales Tax Exam Grand Traverse Resort Traverse City, MI June 10-11, 2016

CMI Income Tax Exam Grand Traverse Resort Traverse City, MI June 11-12, 2016

CMI Property Tax Exam Grand Traverse Resort Traverse City, MI June 11-12, 2016

CCIP Exam Grand Traverse Resort Traverse City, MI June 11-12, 2016

IPT Annual Conference Grand Traverse Resort Traverse City, MI June 12-15, 2016

Government Contracting Seminar/Workshop Lockheed Martin Arlington, VA June 27-28, 2016

Real Property Tax School AT&T Executive Education Center Austin, TX July 17-21, 2016

NW Regional Property Tax Seminar Intel Campus Hillsboro, OR August 4, 2016

Property Tax School Georgia Tech Hotel & Conference Center Atlanta, GA August 7-11, 2016

CMI Sales Tax Exams JW Marriott Indianapolis Indianapolis, IN September 16-17, 2016

Sales Tax Symposium JW Marriott Indianapolis Indianapolis, IN September 18-21, 2016

VAT Symposium JW Marriott Indianapolis Indianapolis, IN September 21-23, 2016

Personal Property Tax School Georgia Tech Hotel & Conference Center Atlanta, GA October 16-20, 2016

Credits & Incentives Symposium Embassy Suites by Hilton, Denver Downtown Denver, CO October 24-27, 2016

CMI Income Tax Exams Westin La Paloma Tucson, AZ November 12-13, 2016

CMI Property Tax Exams Westin La Paloma Tucson, AZ November 12-13, 2016

Income Tax Symposium The Westin La Paloma Resort Tucson, AZ November 13-16, 2016

Property Tax Symposium The Westin La Paloma Resort Tucson, AZ November 13-16, 2016

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news You Can use

PROPERTY TAX

Florida May Phase Out Business Rent TaxWilliam C. Coleman III Marvin F. Poer and Company Orlando, FL Phone: (321) 732-7001 Email: [email protected]

F lorida is the only state in nation that charges a tax on commercial leases and rentals. Businesses pay about six percent of the cost of renting commercial

space as an added tax to the state.

This may soon be changing. Florida Governor Rick Scott’s proposed budget is calling for a reduction in the business rental tax, which would cut taxes on commercial leases by a total of $339 million over the next two years.

In lobbying for his proposal, Governor Scott called the tax reduction an investment for the creation of new jobs. The Florida Chamber of Commerce and 26 chambers statewide agree. Chamber President and CEO Mark Wilson wrote a newspaper editorial pointing out that Florida has added one million new jobs in five years. “Every time we cut taxes, contrary to what a lot of people would like to believe, our economy grows. And when our economy grows, we actually generate more tax revenue,” Wilson wrote.

House Bill 7099 is currently making its way through the Legislature. The bill would reduce the sales tax rate imposed on the rental of commercial real estate from six percent to five percent. The tax then drops to four percent for one calendar year beginning January 1, 2018.

Phasing out the tax is the best way to help businesses, according to Chris Carmody, Shareholder at GrayRobinson Law Firm and member of NAIOP Florida, Commercial Real Estate Development Association. “It would cost more than $1 billion to eliminate the tax overnight. Instead, the cent-by-cent reduction will allow businesses to plan for increased revenue and investment in their companies,” Carmody said. “With increased costs in healthcare coverage and

the general inflation of pricing in the market, this reduction is the natural step to provide relief to small, medium, and large-sized businesses. It just makes sense.”

Florida TaxWatch in Tallahassee is supporting the business rent tax reduction. “When you’re thinking about tax cuts, one of the first things we look at are taxes that stick out, taxes that aren’t levied in other places, particularly one like this that creates a significant disadvantage for companies that want to lease properties in Florida,” explained Kurt Wenner, vice president of research at Florida TaxWatch. “If a company is looking to relocate and looking at a few different places and different states, they look at a lot of different things. One of the things they look at is the tax system. Other things being equal, if this is going to put a six percent increase in their rental costs, that’s going to make Florida a less attractive place.”

Chris Carmody concurs. “Based on conversations with business recruiters, it is my understanding that this tax is considered a hidden tax. Businesses aren’t expecting it and it can be too much to swallow when trying to close a deal.”

Carmody expects the tax reduction to pass this session. “There are a lot of competing interests, but NAIOP and others have positioned themselves strongly for this tax reduction. The legislators understand that this is the best way to support Florida’s growing economy,” he said.

“It would cost more than $1 billion to eliminate the tax overnight. Instead, the cent-by-cent reduction will allow businesses to plan for increased revenue and investment in their companies,” Carmody said. “With increased costs in healthcare coverage and the general inflation of pricing in the market, this reduction is the natural step to provide relief to small, medium, and large-sized businesses. It just makes sense.”

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CREDITS AND INCENTIVES

Last to Know: Inserting Yourself in the ProcessSharon M. Welhouse Principal Ryan Phone: (512) 476-0022 Email: [email protected] Munoz Manager, Credits and Incentives Ryan Phone: (505) 503-4987 Email: [email protected]

W hether retooling an existing site, expanding an existing facility, or relocating to an entirely different city or state, confidentiality is key. A major

concern for companies, especially publicly traded ones, is to consistently portray a message of business stability to the stockholders and employees. Therefore, any type of change in operations is typically kept within a small “circle of trust” until implementation is well underway. The primary parties involved in the “circle of trust” tend to be homogeneous and primarily focused on operations, often forgetting the tax liability and potential tax opportunities that may exist.

In a global market, characterized by mobile capital and labor, businesses tend to locate where they have the greatest competitive advantage. Among concerns, such as raw materials, infrastructure, and skilled labor, taxes are a major element that could enhance or harm a project. In addition to a corporate income tax rate of 39% in the United States, most state and local jurisdictions have their own income tax, sales tax, property tax, etc. The list goes on and on, and the burden gets bigger and bigger. Considering the complex tax structure of the United States and the potential to significantly lower the tax liability, it is surprising that too often companies overlook their best resource, the tax department.

The Importance of the Tax Department – Highlighting Tax Differentiation and Maximizing OpportunityCompanies are constantly planning, positioning, and repositioning. Whether preparing for growth, searching for better efficiencies, or trying to minimize the effects of a downturn, it is critical to perform an initial analysis of the existing facility’s capacity with regards to the company’s

goals. Obvious factors that are considered include the cost and availability of labor, equipment, raw materials, and infrastructure.

As an example, the project team may discuss: • What is the projected future production? • How can operations be configured to maximize

efficiencies?• What labor skills will be needed? • How much labor will be needed?• Is there adequate infrastructure to support the

projected production?• How will the supply chain be affected?

Once the initial analysis is complete, and it has been determined whether to expand, reconfigure, or move to a new facility, a cost analysis is prepared to determine the upfront and operational costs for all relevant options.

Cost Model - Upfront and Operational

SITE Existing

SiteNew Site

#1New Site

#2Land Costs Site Improvements Utilities Roads/Parking/Walks

Total Land/Site Costs

BUILDINGNew Construction Purchase of Existing Building Renovations Annual Lease Cost Leasehold Improvements

Total Building Costs

M&EMach. & Equip. Cost Furniture & Fixture Cost Computer Cost Pollution Control Cost Office Equipment Other Personal Prop

Total M&E Costs

Continued on page 6

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LABOR Existing

SiteNew Site

#1New Site

#2Wages & Salary Unemployment Ins. Workers’ Comp. Other Fringes Relocation/Recruitment

Total Labor Costs

Glaringly omitted from the analysis above is the tax liability related to each individual site. Since tax rates vary between state and local jurisdictions, project costs could change drastically once the tax department is able to project tax liability for each scenario.

As an example of the tax queries that should be addressed and built into the cost model, please consider the following:

Site and Building Considerations: While the Internal Revenue Service (IRS) classifies land as a permanent asset that does not decay, wear out, or become obsolete, a taxpayer may often take tax deductions for improvements, repairs, clearing, and maintenance fees when preparing land for business operations.

Another consideration should be the property tax rate for the various sites being evaluated. For example, Site #1 may be slightly less expensive than Site #2, but the property tax rate is substantially higher for Site #1. In this case, it might be more cost effective to choose the site with a lower property tax rate.

Additionally, many taxing jurisdictions have infrastructure improvement programs in place, which could include low interest loans, tax refunds/credits, and property tax abatements. For example, a city could give a low interest loan to a company for extending a sewer line to the facility.

Machinery and Equipment: The tax analysis of machinery and equipment purchases can be particularly insightful if the taxpayer performing this analysis is a manufacturer. Each state has its own tax application in regards to the treatment of manufacturing equipment and inputs, particularly depending on the items purchased and their specific use in the manufacturing process. For instance, many states offer sales tax exemptions for manufacturing equipment. If you are evaluating a site in a state with a high sales tax rate and no manufacturing exemption, the overall project cost may substantially increase.

Furthermore, many states allow for tradable permits and tax credits or exemptions for pollution control equipment, energy conservation, and alternative “green” energy utilization, all of which can come into play if a facility remodel or new construction is an option.

Labor: Federal, state, and local governments rely on tax incentives as an economic development tool. The federal government utilizes Enterprise Zone Incentives and the Federal Work Opportunity Tax Credit (WOTC). By analyzing whether a potential site is near a Renewal Community, Empowerment Zone, or Enterprise Community, as well as the types of jobs being created, the tax department can add value to the project by securing either the Enterprise Zone Incentive or WOTC.

Many state and local governments offer businesses incentives, such as grants, cost reimbursement, and tax credits for job creation, retention, and training. Most business incentives must be negotiated and secured prior to project implementation.

While confidentiality may be key, timing and communication are equally important. By inviting the tax department into the “circle of trust” from the beginning, the cost analysis will be assuredly more holistic and accurately reflect the tax implications for each site option. It’s important to remember that most business incentives from federal, state, and local tax jurisdictions require the terms to be finalized before the project begins. By including the tax department before project implementation, an analysis of potential business incentives can be performed, terms can be negotiated, and additional value can be secured. Understanding tax implications on every facet of project analysis and implementation can be a huge step in ensuring a successful and profitable outcome.

Do not be the last to know; insert yourself in the process. Tax departments can break into the “circle of trust” by selling their value to leadership in the Real Estate department, Facilities, Human Resources, and Supply Chain. These departments may not be aware of the true cost of taxes and the benefit of tax planning. Reach out to your counterparts within your company. Educate them on the opportunities that exist. Then follow-up! Schedule a quarterly conference call or email to discuss the status of projects. By expanding your professional network and exposing your coworkers to the benefits of tax planning, you could transform from victim to hero.

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INCOME TAX

Implications of the Combined Use of the Sales Throwback Rule and Single-Sales Factor Apportionment Joe Schmidt, Esq., CPA State and Local Tax Director Grant Thornton LLP Denver, CO Phone: (303) 813-3958 Email: [email protected]

How the STR Impacts SSFA

V irtually all states rely on apportionment principles to approximate taxable income associated with in-state activities. Increasingly, states are jettisoning

property and payroll factors in favor of sales as the sole factor measured in arriving at income from in-state activities.

As you might expect, the sales factor numerator equals sales to in-state customers, while the denominator equals total sales. For those states employing the STR, taxpayers must add the following to the sales factor numerator: sales of tangible personal property that is shipped from an in-state location to customers in states in which the taxpayer is not taxable.

Applying the rule to hypothetical facts, consider company XRAY with headquarters, manufacturing and distribution in California, a sales force that travels extensively to generate sales orders throughout the U.S., but with negligible state income tax exposure outside California. For practical purposes, XRAY’s California apportionment is 100%, given these facts, since California has adopted SSFA and has the STR. We can also observe that were California to utilize the traditional three-factor formula along with the STR, California apportionment would be essentially the same.1

1 The hypothetical fact pattern selected is for comparative il-lustrative purposes. It should be recognized that a wide variety of businesses are largely unaffected by the STR. On one end of the extreme are pass-through entities owned by natural persons that are subject to residency-based income tax, while at the other end of the scale are large corporations with near ubiquitous multi-state presence. These two categories of taxpayers are often not affect-ed significantly by the STR.

Hans Rees’ Sons and Moorman Manufacturing

Hans Rees’ Sons, Inc., v. State of North Carolina2 is considered to be the grandfather of state income tax “distortion” cases, in large part because it was a rare taxpayer win. Issued in 1931, the U.S. Supreme Court concluded that North Carolina’s attempt to apportion income based exclusively on property resulted in an overstatement of North Carolina income associated with Hans Rees’ Sons’ in-state activities.3 The Court observed that although apportionment is an exercise in approximation, evidence showed clearly that the single-factor property apportionment method, as applied to the facts of the case, resulted in the imposition of North Carolina income tax on income derived from activities conducted in other states. The taxpayer’s evidence supported a North Carolina apportionment of, roughly, 20% versus the 85% apportionment derived from use of North Carolina’s statutory method.

Fast-forward through the next 60-plus years and we see that states, in the period following Hans Rees’ Sons, relied generally on three factors to apportion income; property, payroll and sales. Attempts were made to standardize use of property, payroll and sales to apportion income with model legislation known as The Uniform Division of Income for Tax Purposes Act (“UDITPA”). UDITPA included model language for the STR. The purpose of the STR is to minimize risk that some portion of a multi-state taxpayer’s income escapes being subject to state income tax.

The Supreme Court green-lighted Iowa’s adoption of SSFA in Moorman Manufacturing v. Bair4. Reciting Due Process restrictions on states’ power to tax income generated by the activities of multi-state business, the Court discussed its tolerance for extraterritorial taxation:

Since 1934 Iowa has used the formula method of computing taxable income. This method, unlike separate accounting, does not purport to identify the precise geographical source of a corporation’s income that is reasonably related to the activities conducted within the taxing State. The single-factor formula used by Iowa, therefore, generally will not produce

2 Hans Rees’ Sons, Inc., v. State of North Carolina, 283 U.S. 123 (Apr. 13, 1931).3 Note that use of property as the lone factor to apportion in-come was found to be constitutional in Underwood Typewriter Co. v. Chamberlain, 254 U.S. 113 (Nov. 15, 1920).4 Moorman Manufacturing v. Bair, 437 U.S. 267 (June 15, 1978).

Continued on page 8

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a figure that represents the actual profits earned with the State. But the same is true of the Illinois three-factor formula. Both will occasionally over-reflect or under-reflect income attributable to the taxing State. Yet despite this imprecision, the Court has refused to impose strict constitutional restraints on a State’s selection of a particular formula5.

In Moorman, the Court also reiterated that the income taxed by a state must be rationally related to values connected with the taxing state. Noteworthy, Iowa did not employ the STR during the tax years in question, nor has Iowa adopted the STR in the years since.

Constitutional ImplicationsReturning to our hypothetical, let’s consider whether there may be distortion in excess of constitutional limits. To recap, XRAY, with its headquarters, manufacturing and distribution in California, apportions 100% of its income to California. What if XRAY were to relocate headquarters and manufacturing to Oregon, a state which also utilizes SSFA and the STR? Shipping goods from California would result in California continuing to tax virtually all of XRAY’s income while Oregon, despite significant concentrations of human and investment capital by XRAY, would impose little income tax assuming that state’s appetite for XRAY’s goods reflects population demographics. The Due Process Clause may call into question whether there is a rational relationship between the income taxed by California, likely to be above 90%, and the values associated with XRAY’s distribution activities conducted within California and the California marketplace for XRAY’s goods. Using the old standard - equally-weighted property, payroll and sales - we would likely see apportionment somewhere in the range or 10%-20%, facts reminiscent of the distortion proven by the taxpayer in Hans Rees’ Sons.

Interestingly, another recent trend among states has been to depart from statutory apportionment rules in circumstances in which the tax computation, allocation or apportionment do not “fairly represent the extent of the taxpayer’s business activity in the state” (consider, Vodafone Americas Holdings v. Roberts, Commissioner of Revenue, Tenn. Ct. App. (June 23, 2014), or Equifax, Inc. v. Department of Revenue, 125 S. 3d 36, (Miss. 2013), Microsoft Corporation v. Franchise Tax Board, Superior Court, San Francisco County, California (Feb. 17, 2011)). Returning again to our

5 Id. at 273. See also Underwood Typewriter Co. v. Cham-berlain, 254 U.S. 113; Bass, Ratcliff & Gretton, Ltd. v. State Tax Comm’n, 266 U.S. 271; Ford Motor Co. v. Beauchamp, 308 U.S. 331.

hypothetical, what if XRAY relocates sales distribution to Nevada and leaves its headquarters and manufacturing activities in California? Shipping goods from Nevada would limit California’s apportionment to reflect the value of the California marketplace consumption of XRAY’s goods. Consider whether the California Franchise Tax Board would, on audit, depart from statutory apportionment to arrive at California income sufficient to reflect the in-state presence of headquarters and manufacturing.

It is plausible that companies may be unfairly impacted by combined use of SSFA and the STR. Taxpayers should be alert to the possibility that distortion may exceed constitutional limits in terms that may mirror the distortion proven in Hans Rees’ Sons, which remains good law today.

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IPT ANNUAL CONFERENCE Grand Traverse Resort Traverse City, MI June 12-15, 2016

Here are just a few of the topics that will be covered:

Property Tax Sessions: • The real estate bubble and burst• New capital investment

Sales and Use Tax Sessions:• Automotive industry panel• Successful leadership practices

Income Tax Sessions:• Mock trial: “Quill Revisited”• States and their bad tax strategies

Credits and Incentives Sessions:• Tax burden analysis in decision making• Regional updates

This is the Annual Conference you don’t want to miss! Mingle with hundreds of your colleagues from across the SALT industry as we celebrate 40 years of educational excellence, a deep commitment to ethical standards and a robust community for SALT professionals. At the Conference, we’ll look back at our storied past and ahead to our plans for the future. We invite you to join us!

The Annual Conference Committee has been hard at work for months now building a program that will meet the various needs of IPT’s membership, delving into the topics that may give you new insight and perspective on important industry matters. You can even branch out and sit in on sessions from other tax disciplines.

Some sessions will touch on the “hot topics” you want to know more about; while others will cover best practices for managing new or existing processes. Whatever the subject, “top of mind” for the Annual Conference Committee is giving you the content to help you better serve your clients and employers.

Traverse City features miles of beautiful beaches and op-portunities to boat, hike, golf, sightsee and shop. The sur-rounding countryside is one of the centers of wine produc-tion in the Midwest, and its Sleeping Bears Dunes was voted as the “Most Beautiful Place in America” by Good Morning America viewers. The Conference will be held June 12 – 15, 2016, so mark your calendars and start planning your trip today!

Enrollment is limited to members and employees of companies that have IPT members. We look forward to seeing you in Traverse City at the lovely Grand Traverse Resort for IPT’s 40th Annual Conference.

Online Registration (You must log on to register)

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IPT SALES TAX SCHOOL II:Theory and Practice for the Experienced

Sales & Use Tax ProfessionalMarriott Kingsgate Conference Center

University of Cincinnati, Cincinnati, OhioMay 1 - 6, 2016

This intermediate level, five-day school guides students through a review and analysis of many essential sales and use tax principles and concepts, including research, accounting, auditing and other technical skills. Emphasis is placed on small discussion groups and practical applications. Early registration is encouraged for this popular school. The school is composed of the 16 general sessions shown below, followed by breakout sessions, which expand on the material.

h Ethics h Constitutional Issues h Advanced Topics in Retailing h Advanced Topics in Leasing h Advanced Audit Management h Taxpayer Remedies h Statistical and Block Sampling h Mergers & Acquisitions h Tax Planning h Taxation of Computer Software & Services h Advanced Topics in Telecommunications h Advanced Topics in Manufacturing h Advanced Topics in Construction Contracting h Advanced Topics in Oil and Gas h Taxation of Electronic Commerce h Managing the Sales Tax Function

Online Registration

Brochure

Registration Form

Hotel Reservations

The must-have resource for every sales and use tax pro-fessional is now available! The Institute’s Sales and Use Taxation 2nd edition is available for purchase. Once again, in response to member requests, we are providing the text on a convenient and portable flash drive, so you can easily access the essential information every sales tax profession-al needs whether you are in – or out – of the office. Click here to order.The discounted price for IPT members is $100 and $125 for those employed by companies with IPT members. The cost for non-members is $175. The text was edited by William F. Fox, Ph.D., Professor of Economics and Director of the Center for Business & Economic Research, Haslam College of Business at the University of Tennessee, Knoxville, and is essential for everyone in the SALT sales and use tax industry.

Sales and Use Taxation 2nd edition is just one of several publications that are currently available from IPT. The others include:• Property Taxation 4th Edition (2014)

• State Business Income Taxation 1st Edition (2012)

• Third Party Drop Shipment Survey – coming June 2016

An investment in KNOWLEDGE

always pays the best interest.Benjamin Frankliln

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BASIC STATE INCOME TAX SCHOOLThe Inverness Hotel and Conference Center

Englewood, CO — May 22 - 27, 2016

This school is focused on teaching fundamental state business income tax concepts and practices. The five-day program is designed to provide the essential state tax building blocks for those students with less than five years income tax experience. The curriculum includes a thorough review of basic business income tax concepts, such as apportionment, nexus and the unitary business principle. It also provides an introduction to more advanced issues and features specific courses on accounting principles, income tax audits and compliance, as well as best practices for researching and documenting income tax issues. The curriculum will also provide an introduction and analysis of recent trends, such as states’ greater emphasis on the sales factor and resort to gross receipts taxes. The format of this school includes lectures as well as interactive case studies and group discussions. Students will benefit from the insight and diversity of experiences of faculty, which consist of tax professionals from public and private companies and top accounting and law firms.Topics Include:

h State of the States h Jurisdiction to Tax, Part 1:

Federal Constitutional Limitations h Jurisdiction to Tax, Part II: Nexus and P.L. 86-272 h Determination of Income Tax Base h Case Study: Nexus and P.L. 86-272 h What is a Unitary Business h Income Subject to Allocation h Income Tax Filing and Compliance h Common Issues in Mergers and Acquisitions h Fundamentals of Formulary Apportionment h Pass Through and Disregarded Entities h Allocation and Apportionment h Tax Return Basics h Handling an Income Tax Audit h Tax Provisions 101 h Case Study: Tax Provisions h Researching and Documenting Findings h Ethics

Online Registration (You must log on to register)

Registration Form

Mark your calendar!Information for each of these schools will be available soon on IPT’s website.

This school is a thorough, five-day program that provides an in-depth examination of the complex problems state income tax professionals face, including nexus and entity concerns, separate and consolidated/combined return issues, apportionment complexities, reorganizations and mergers, tax planning nuances, and more.Topics Include:

h State of the States h Evaluating Risk in Nexus and PL 86-272 Issues h Nonbusiness Income: Recent Cases & Remaining

Questions h Unitary Business: Core Theory & Recent Applications h Case Study: Differences Between Unitary and Non-

Business h State Tax Issues for Foreign Affiliates h Complex Problems in Combined Reporting and

Advanced Return Mechanics h Case Study: Combined Reporting h Advanced Problems in Mergers & Acquisitions h Tax Planning h Case Study: Tax Planning h Pass-throughs — Advanced Issues h Case Study: Pass-throughs h Advanced Issues in Using and Accounting for Net

Operating Losses h SALT Tax Provisions and Accruals h IFRS: What the Future Holds for SALT h Thorny Issues with “Other” Business Taxes: Margin

Tax, Franchise Tax, B&O, Etc. h Apportionment — Current Issues with Factors: Market

vs. COP, Joyce vs. Finnigan, Gross vs. Net, (MTC Compact)

h Apportionment — Weighing Constitutional Issues h Apportionment — Seeking Alternative Relief h Case Study: Tax Apportionment h Related Party Transactions: Transfer Pricing, 311(b)

Distributions, etc. h Case Study: Related Party Transactions h Coordinating Federal and State RARs and Compliance h Taxpayer Remedies: The How To’s of Tax

Controversies h Ethics

Online Registration (You must log on to register)

Registration Form

ADVANCED STATE INCOME TAX SCHOOLThe Inverness Hotel and Conference Center

Englewood, CO — May 22 - 27, 2016

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Online Prerequisite Coursework

Face-to-Face3-DaySchool

Online Electives

IPT’s third Credits and Incentives School will take place at The Inverness Hotel and

Conference Center, Englewood, CO, from May 23-26, 2016. To make your hotel reservation online, please click here. The school covers the fundamentals of credits and incentives and is designed for individuals who have a basic knowledge of the topic. The registration fee covers 14.5 hours of pre-requisite, online coursework, approximately 23.5 hours in a face-to-face school, and 3 hours of additional credits and incentives online electives. The pre-requisites must be completed prior to the school. All requirements must be completed within 90 days of the live school.

In the live portion of the school, emphasis is placed upon student participation via a case study and group discussion. Successful completion of all three segments and the school examination is required. The faculty represents a broad-based range of backgrounds and many decades of experience.

Online Registration (You must log on to register)

2016 Registration Form

Real Property Tax SchoolAT&T Executive Education Center ~ Austin, Texas ~ July 17 - 21, 2016

This is a comprehensive, five-day school for property tax professionals who have at least three years of full-time experience in the real property tax area. The purpose of the program is to provide students with fundamental and integrated knowledge of property tax principles, concepts and technical skills essential to the field. The course is designed to provide a deep dive into the real property tax valuation process and related subjects. Registration information will be available ninety days prior to the course.

The Property Tax School must either be successfully challenged, or attended and passed, before an individual can take the Real Property Tax School. For more Information on challenging the Property Tax school, visit www.ipt.org.

Credits and Incentives SchoolThe Inverness Hotel and Conference Center, Englewood, CO ~ May 23 - 26, 2016

Online Registration (You must log on to register)

2016 Registration Form

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March 2016 IPT Insider 13

NW Regional Property Tax Seminar Intel Campus, Hillsboro, OregonAugust 4, 2016It’s never too early to mark your calendar for an IPT Region-al Tax Seminar! We invite you to attend the Northwest Re-gional Property Tax Seminar on August 4, at the Intel Cam-pus in Hillsboro, Oregon. This one-day seminar features government presenters from the states of Idaho, Oregon and Washington providing insight on the issues important to taxpayers in the Northwest Region and those that con-duct business there. The Seminar also includes perspective from top industry professionals discussing appraisal issues, litigation, and recent developments. Watch for more infor-mation on the Seminar and registration details in upcoming editions of the Insider and online at ipt.org.

Credits & Incentives Symposium Embassy Suites by Hilton Denver Downtown, Denver, COOctober 24-27, 2016Save the date for this year’s Credits & Incentives Symposium, the place to be for Credits & Incentives professionals! The Symposium is designed to make the most of your time by covering the topics and issues most important to you and your clients. Join us for this opportunity to grow your knowledge and your network by interacting with some of the brightest minds in the business, discussing ideas and sharing best practices. If you have never attended an IPT event, this is a great introduction to all that IPT has to offer.

This year, the Symposium will be held at the beautiful Embassy Suites by Hilton, Denver Downtown in Denver, CO from October 24-27. There’s no place like Denver in the fall, so start making your plans today to attend IPT’s Credits & Incentives Symposium, and look for more information on the Symposium in the coming months.

Mark Your Calendar!

Local Luncheons

San Antonio Local Luncheon GroupDate: Wednesday, March 30, 2016Time: 11:30 a.m.Location: Silo Restaurant

434 TX-1604 Loop, San Antonio, TX 78232 Phone:(210) 483-8989

Topic: Texas Comptroller UpdateSpeaker: Glenn Allen Hegar, Jr., Esq.

Texas State Comptroller of Public AccountsContact: Chip Twomey, CMI, at:

[email protected] or (210) 626-6544

Milwaukee Area Local Luncheon GroupDate: Thursday, March 31, 2016Time: Registration at 11:30 a.m.; lunch at noonLocation: Milwaukee Radisson Northshore

7065 North Port Washington Road Phone: (414) 351-6960

Topic: Sales & Use Tax UpdateSpeaker: Alan Decker, Director, Ryan, LLCContact: Paula M. Jung at [email protected]

or (414) 524-2538

Canon 2

IT IS UNETHICAL to engage in any activity that results in a conviction of any crime committed in connection with the member’s involvement in a tax matter.

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NEW MEMBERS

PROPERTY TAX MEMBERSJames Dylan Bedford Altus Group Southlake, TX

Teresa E. Blackwell Marvin F. Poer and Company Atlanta, GA

Jeffrey P. Dill Property Tax Service Company Dallas, TX

Kristen Foster Marvin F. Poer and Company Atlanta, GA

Colin Fraser Greenberg Traurig Irvine, CA

Paige Keating Ernst & Young LLP Dallas, TX

Michael Mangan Garvey Schubert Barer Portland, OR

Daniel B. Pappano Smith, Hemmesch, Burke & Kaczynski Chicago, IL

Samantha Petersen KPMG LLP Denver, CO

Michael J. Van Wyk The Broe Group Denver, CO

*Christy Wang Williams-Sonoma, Inc. San Francisco, CA

Samantha Watson Cushman & Wakefield, Inc. Dallas, TX

SALES TAX MEMBERSAngela Acosta BDO USA, LLP Troy, MI

Scott Adams AT&T - SBC San Antonio, TX

Brittany Bergeron Aleman Alvarez & Marsal Taxand, LLC Houston, TX

Caitlin Arthur DuCharme, McMillen & Associates, Inc. Indianapolis, IN

Matthew Avellar PricewaterhouseCoopers LLP San Francisco, CA

Erin Kate Barton Mohawk Industries, Inc. Calhoun, GA

*Brittany Bordelon SafeRack, LLC Andrews, SC

Kimberly Blake FedEx Corporation Memphis, TN

Kathleen M. Briggs FedEx Corporation Moon Township, PA

James C. Brown Caesars Entertainment Las Vegas, NV

Kristy Nicole Caston Hilton Worldwide Memphis, TN

Annie Chan Grant Thornton LLP Philadelphia, PA

Peter Andrew Christie Grant Thornton LLP Houston, TX

Jimmy Cross Wal-Mart Stores, Inc. Bentonville, AR

Varsha Datt Morgan Stanley Smith Barney New York, NY

Ariana Del Rio Service Corporation International Houston, TX

Joanna Demick Grant Thornton LLP Charlotte, NC

Matthew Duke DuCharme, McMillen & Associates, Inc. Indianapolis, IN

Mitchell Allen Fairley, Jr. DuCharme, McMillen & Associates, Inc. Indianapolis, IN

Zell Fournier Wal-Mart Stores, Inc. Bentonville, AR

Glenn Haider Global Tax Management, Inc. Radnor, PA

Alyce Hawkins Textron Fort Worth, TX

Jeff Hedin DuCharme, McMillen & Associates, Inc. Fort Wayne, IN

Blake Henry AutoZone, Inc. Memphis, TN

Jeff Heyel CPRS, Inc. Bellevue, WA

Wang Lam Hui Michaels Stores, Inc. Irving, TX

Rebecca Lynn Jones Michaels Stores, Inc. Irving, TX

Ravi Kanani Benco Dental Supply Co. Pittston, PA

Katherine Karam AT&T San Antonio, TX

Christine June Keyes USG Corporation Chicago, IL

Toya Lindsay Grant Thornton LLP Charlotte, NC

Hui-Ming Lo AT&T – SBC San Antonio, TX

Patricia Mahon General Mills, Inc. Minneapolis, MN

*Kristina E. Martin Newell Rubbermaid, Inc. Atlanta, GA

Olga Martynyuk Grant Thornton LLP New York, NY

Jwana Matloob Federal-Mogul Corporation Southfield, MI

Brian McQuillan TBC Corporation Palm Beach Gardens, FL

Heather Moore TopBuild Corp. Daytona Beach, FL

Ignacio Moran Grant Thornton LLP Dallas, TX

Jamie Oldenkamp Textron Fort Worth, TX

Adam Oleksiak Sovos Compliance Wilmington, MA

Gino Orlando Sovos Compliance Wilmington, MA

Courtney Ormiston CPRS, Inc. Bellevue, WA

Continued on page 15

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March 2016 IPT Insider 15

Daniel Joseph Perry RSM US LLP Indianapolis, IN

Victoria Rankin Deloitte Tax LLP San Jose, CA

Brian J. Reder Belk Stores Services, Inc. Charlotte, NC

Justin Rodriguez Grant Thornton LLP Dallas, TX

*Sadegh Sadeghi L-3 Communications Rockwall, TX

Sabrina Scruggs CIT Group, Inc. Jacksonville, FL

Tyler Seller PricewaterhouseCoopers LLP San Jose, CA

Benjamin Stow De Lage Landen Wayne, PA

Jessenia Tavares Archrock Houston, TX

Fanny Wallin Direct Energy Iselin, NJ

Dafnie Walsh T-Mobile USA, Inc. Bellevue, WA

Chris Windle Grant Thornton LLP Philadelphia, PA

Antoine Zammar DuCharme, McMillen & Associates, Inc. Indianapolis, IN

Victor Zhou United Airlines Chicago, IL

INCOME TAX MEMBERSJesse Hereford Wal-Mart Stores, Inc. Bentonville, AR

Matthew J. Landwehr Thompson Coburn LLP St. Louis, MO

*Jennifer R. Lebiecki S.C. Johnson & Son, Inc. Racine, WI

CREDITS & INCENTIVES MEMBERJonathan Carris Hein & Associates Houston, TX

PENDING AFFILIATE MEMBERSJeff Grad Equitable Value Inc. Toronto, ON

Matthew P. Schaefer Brann & Isaacson LLP Lewiston, ME

Walter Scott Galloway, Scott, Moss & Hancock Birmingham, AL

Kenneth West Walker West Longo LLP Toronto, ON

This list consists of individuals who have previously been a member of IPT or who are employed by a busi-ness that employs or employed oth-ers who are or were members of IPT.

IPT Board of Governors policy re-quires that the names of pending af-filiate members appear in our month-ly newsletter. Please direct any relevant information or comments (regarding admission to member-ship) to the IPT office.

*Denotes Regular Member

Property Tax Calendar ~ April 2016This information is provided by International Ap-praisal Company (IAC) and is provided for quick reference/reminder purposes only. IPT and IAC make no guarantee to completeness or accuracy and are not responsible for errors or omissions or for any results from the use of this information. We strongly suggest confirmation of all informa-tion with local taxing jurisdictions.

Appeals Due:

AZ* DE* HI* IA* KY* NC* ND* OK* SD* VA*

KS 4/1

MN 4/30** Tax Court (Prior Year)

NJ 4/1

NY Corning, Nassau County Rochester (Local)

ND Townships - 1st Monday; Cities - 2nd Monday

DC By 4/1

TN 4/30

VA* Assessor Reviews

Personal Property Filing Dates:AZ CA FL GA LA ME MS . . . . . . . . 4/1CO MD TX . . . . . . . . . . . . . . . . . . . . . . 4/15AK* VT . . . . . . . . . . . . . . . . . . . . . . . . . . 4/20SC* VA* WA . . . . . . . . . . . . . . . . . . . .4/30**

Assessment Dates: NoneME 4/1VT 4/1

* Dates vary, check jurisdiction ** Date falls on weekend, should be next business

day. Confirm all information with local taxing jurisdictions.

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Members who refer at least one new member to IPT will be entered into a prize drawing at IPT’s Annual Business Meeting. Each time you refer a new member to IPT, your name will be placed in the drawing. In order to receive recognition and the opportunity

to participate in the drawing, please make sure the person(s) you refer includes your name on his or her application. As we grow our membership, IPT can bring you better benefits, such as greater educational opportunities. Please participate in the Just One More Campaign and help in the continued growth of IPT. Individuals who referred one or more new members during the previous month are listed below. 1JUST MO

RE

T hank you to IPT members who have already joined the IPT LinkedIn group as we now have nearly 3400 members. We encourage you to join the IPT

LinkedIn Discussion group and share the group with other tax professionals in your network.

Follow IPT on Facebook and Twitter and "like" our Face-book page for updates on IPT event registration, photos and other IPT news.

If you have not already done so, please join these groups today by clicking on the icons below.

Thank you for your continued support of IPT!

Scott Adams

Mark D. Bedford, CMI

Teresa E. Blackwell

Kimberly Brunson, CMI

Kevin P. Burke, Esq.

Randy Caputa, CMI

Allie Carlson, Esq.

Edward Andrew Chapman, CMI

Kimberly Cheek, CPA

Jesse J. Cunningham

C. Stephen Davis, Esq.

Kevin Davis

Martha R. Davis

Brian DiMaria, CMI

James Scott Donald, CMI

Daniel Duggan

Dawn Gagon

Malinda Gillilan

Ryan Gravuer, CMI

June Summers Haas, Esq.

Vicki C. Harris, CMI

Peter Hurt, CMI

Alisha Faye Lewis

Janette M. Lohman, CMI, CCIP, CPA, Esq.

Bradley R. Marsh

William Mueldener, CMI

Galina Philipovitch, CMI

Gina M. Pizzo, CMI

Monica E. Pollard

David S. Ratnarajah, CMI

Matthew Scherer, CMI

Randall J. Serpas, CMI

William C. Severson, Esq.

Sarah Snyder

Deborah S. Spencer

Susan B. Starnes, CMI

Matthew S. Walsh, Esq.

IPT can help match great people with great opportunities. Visit the Career Opportunities page on the IPT website for career position descriptions and requirements.C a r e e r s

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Member Spotlight

Many are familiar with the old saying, “Jack of all trades, master of none” as a figure of speech describing someone who does a lot, but isn’t an expert. However, in the case of IPT member Christian Diaz, being a “jack” of many things led him to be a master of more than one. In 2000, Christian had just left college and had an opportunity to enter the tax industry. Christian began working for a smaller company as a SALT analyst managing various tax initiatives (compliance, research, planning, audit defense) and, as it is with most companies, he was increasingly asked to take on more responsibilities particularly when it came to technology.

As the world of technology and the SALT environment evolved, Christian changed with it and had the opportunity to strengthen his expertise in both the taxation and technology fields. Eventually, Christian found himself working at The Coca Cola Company in Atlanta, a result of relationships he developed through IPT. He serves as a Tax Technology Principal (or as known in the industry, a Tax Technologist) and he is responsible for managing tax data warehousing, system integrations, business intelligence and analytics for the indirect tax interests of the company.

Christian Diaz

He also contributes his time and vast amount of expertise to IPT’s Sales Tax School I, where he has served as an instructor for the past four years. He is as passionate about taxes as he is about technology and realizes the importance of helping those new to the field understand their interconnectivity. “The tax industry has given so much to me, and I am so grateful for the gift that I want to share it with those up and coming in the industry.”

Christian has other passions as well, which include his family and athletics. He lives in the Atlanta metropolitan area with his wife and five-year-old daughter. A longtime athlete – with the sports injuries to prove it – he enjoys playing soccer and the meditative qualities of long distance running. He has completed a half marathon and is currently signed up to participate in this year’s Peachtree Road Race on July 4. Running a 10K in July in the Atlanta heat and humidity…now that is a true mark of passion. Good luck Christian!

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CMi Co r n e rCERTIFIED MEMBER

CMI • INST

ITUTE

FO

R PROFESSIONALS IN TAXATION® •

To submit non-IPT Continuing Education:1. Sign In at www.ipt.org. 2. Hover your mouse over “Professional Designations” on the

main blue menu bar, and click on “Application for Non-IPT Continuing Education Credit.”

3. Fill out the form, attach the supporting documentation, digitally sign the form and click submit.

4. You will receive a message that the form was submitted.

Continuing Education RequirementsEach CMI must complete at least 60 hours of relevant continuing business education during each five-year term as an active CMI. Of those 60 hours, at least 30 hours must be relevant to your tax specialty (i.e., sales, property, or income tax) with 5 hours devoted specifically to ethics. Three of the ethics hours must be from IPT courses/programs. Included within the 30 specialty hours, each CMI must attend at least 12 hours at one IPT Annual Conference, IPT Academy, IPT Symposium, IPT School or IPT/ABA Seminar in their respective discipline (sales, property or income tax) within each five-year term.

Board Policy states that all CE earned during a previous year must be submitted no later than 60 days following receipt of yearly status reports which will be available to CMIs in January. The last day to submit any CE credit earned during the 2014 Calendar year will be March 31, 2015. Please note that we will not process or accept any credit earned prior to the preceding year.

If you have any questions on the CMI designation or your current standing, please contact Emily Archer, Certification Officer, at [email protected].

Online IPT Ethics Courses AvailableIPT now has 3 online IPT Ethics courses available for $50 each. You may register for and take any of these courses by signing in to the IPT website, going to the Distance Learning Page, and clicking on “Register” next to the course name.

The newest IPT Ethics course is “Ethics in Tax and Life” with speakers Jack T. Bone, CMI and Joseph A. Vinatieri, Esq. The course counts for 1 hour of IPT Ethics towards CMI continuing education credit.

Course Description: Ethical standards and commitment to the interests of the taxpayer one represents are key elements of professionalism. Are these elements in conflict with each other? The question impacts taxpayers on a daily basis. In some contexts the answers are clear-cut. In others they are grayer in nature. Most will vary in the eye of the beholder. This session will address the critical importance of ethics to professionalism, and its relationship to one’s responsibility to the taxpayer.

Reminder: Online Continuing Education Tracking System for CMIsYou will no longer submit non-IPT Continuing Education to the IPT office through email, fax or mail. Rather, you will sign in to the IPT website, fill out the form and upload supporting documentation. This process allows for a timelier posting of CE to your report. Attendance at IPT programs will be automatically posted to this report with the exception of Local Luncheons. The Local Luncheon Chairs will continue to submit sign-in sheets to the IPT office.

To access your CMI Status Report: 1. Sign In at www.ipt.org. 2. Click on your name in the top right corner. 3. Click on the “CMI Members” tab.4. In the top right corner of this section, there is an option

to request your Status Report. Click that link and fill out the form.

5. An email will be sent to the email address on file with IPT.

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March 2016 IPT Insider 19

Question of the Month

What is the CMI / CCIP Candidate Application Process?

Answer: 1. Submit Application2. Application is reviewed by IPT Staff & CMI or CCIP

Committee3. Applicant notified of candidacy

- Includes information on accessing study material online.

4. Applicant notified of eligibility - Met requirements: eligible to sit at next exam.- Lacking requirements: ineligible to sit without further

verification of requirements.5. Eligible candidates will receive an email 6 – 8 weeks

prior to each exam with the exam details. 6. Examinees are notified of the exam results in writing.

Please note: *Applicants have six consecutive testing opportunities from the date of application (not eligibility) to meet the requirements in effect for certification.

*Applicants must notify the IPT office in writing to update their application as requirements are met.

Please review the:

CMI Income Tax Applicant, CMI Property Tax Applicant, CMI Sales Tax Applicant or CCIP Applicant pages for a complete overview of the application process.

More information on all of these announcements can be found on IPT’s website at www.ipt.org.

Candidate ConneCtion

CMi &

CCiP

IPT OFFICERS President

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

First Vice President Kellianne M. Nagy, CMI, CAE

Sunbelt Rentals Inc.

Second Vice President Allan J. Wells, CMI

ABB Inc.

BOARD OF GOVERNORS Immediate Past President

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

Carolyn L. Carpenter, CMI, CPA JMC Express, Inc.

Leslie S. Fisher, CMI E. I. Du Pont de Nemours and Company

Garfield A. Grant, CMI, CPA DuCharme, McMillen & Associates, Inc.

Rick L. Johnson, CMI Belk Stores Services, Inc.

David H. LeVan, CMI Advantax, Inc.

Kenneth R. Marsh, CMI TransCanada Pipelines Limited

April M. Nevarez, CMI XO Communications, LLC

Carolyn M. Shantz, CMI, CPA Superior Energy Services

Tommy L. Twomey, II, CMI Tesoro Companies, Inc.

CORPORATE COUNSEL Lee A. Zoeller, CMI, Esq.

Reed Smith LLP

EXECUTIVE DIRECTOR Chris G. Muntifering

ASSISTANT EXECUTIVE DIRECTORS: Brenda A. Pittler

Charles Lane O’Connor

This publication is designed to provide accu-rate information for IPT members and other tax professionals. However, the Institute is not engaged in rendering legal, accounting, or oth-er professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Reprint permission for articles must be grant-ed by authors and the Institute. Send address changes and inquiries to Institute for Profes-sionals in Taxation®, 1200 Abernathy Road, NE, Building 600 Suite L-2, Atlanta, Georgia 30328 Telephone (404) 240-2300/Fax (404) 240-2315.

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More than 100 tax professionals and speakers attended IPT’s Energy SALT Seminar in Houston, Tex-as. The one-day event, hosted by the IPT Membership Promotion Committee, was held Februray 3, 2016, at the Kinder Morgan Building.

Attendees listen as the speakers deliver their presentations.

Thank you to our breakfast and lunch sponsors: Deloitte and Alvarez & Marsal.

2016 IPT Membership Energy SALT Seminar Highlights

Welcome to IPT’s Energy SALT Seminar!

IPT Membership Promotion Committee from left to right: Gina Pizzo, CMI; Kelly Mathews, Host Representa-tive; Brian Culvey, CPA; Chair Carolyn Shantz, CMI, CPA; Dorothy Pearson, CMI,CPA; and Lunch Sponsor Representative Arturo Alvarez.

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March 2016 IPT Insider 21

IPT Would Like to Thank Our Host

IPT Would Like to Thank the Energy SALT Event Sponsors

Breakfast Sponsor Lunch Sponsor

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22 March 2016 IPT Insider

2016 Sales Tax School I HighlightsThis year’s program was held on the campus of Georgia Tech in Atlanta, February 21 – 26, and was attended by 198 individuals from the United States and Canada. IPT thanks the 18 instructors presenting the program. Their hard work is appreciated. Brenda S. Kelley, CMI, CPA, was this year’s school Chair, and Kathleen L. Peavley, CMI, was its Vice Chair. Margaret C. Wilson, CMI, Esq., IPT President, opened the program and welcomed the students to Atlanta.

Opening General Session: The general sessions, the backbone of the program, are deep dives into each topic. William F. Fox, Ph.D., held the opening evening general session.

Breakout Session: There were eight sets of breakout sessions during the program, enabling students to learn in a small group setting.

Brenda S. Kelley, CMI, CPA (School Chair)

Fontaine & Kelley, LLP

Margaret C. Wilson, CMI, Esq. IPT President

Wilson Agosto LLP

Kathleen L. Peavley, CMI (School Vice Chair)

HD Supply, Inc.

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March 2016 IPT Insider 23

Randy Caputa, CMI FedEx Corporatiom

Rolston A. Dyer, CMI The Coca-Cola Company

William J. McConnell, CMI, CPA, Esq.Level 3 Communications

Kimberly Burkey Still, CMI, CPA Crowe Horwath LLP

Rodney L. Cole, CMI Essilor of America Inc.

Emily Gauthier, CMI KPMG LLP

Dana L. Malburg Vertex Inc.

Christian Eduardo Diaz The Coca-Cola Company

Garfield A. Grant, CMI, CPA DuCharme, McMillen

& Associates, Inc.

LiKeisha S. Gibson, CMI DuCharme, McMillen

& Associates, Inc.

William F. Fox, Ph.D. University of Tennessee

Josie Ann Henneke, CMI, CPA, CSAAGS Capital LLC

Samantha C. Maqueo, CMIGeneral Solutions Associates,

LLC

Lynn L. Monsalvatge, CMI The Home Depot

Allan Wells, CMIABB Inc.

Jesse R. Adams, III, Esq. Jones Walker LLP

2016 Sales Tax School I Instructors

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24 March 2016 IPT Insider

IPT Would Like to Thank Our 2016 Sales Tax School I Sponsors

50

PMS 288 Blue or CMYK = C100-M85-Y0-C43PMS 1255 Ochre / Yellow or CMYK = C0-M35-Y85-C30