2017 Annual Meeting of the California Tax Bar
and California Tax Policy Conference
Park Hyatt Aviara Resort
November 1-3, 2017
Courses and speakers are subject to change. Plan ahead by pre-registering for the course of your choice using the Course Selector. CTPC courses are indicated with [CTPC] following the name of the program..
Continental Breakfast is complimentary, but your RSVP is required. Select item #34 when registering.
1.5 Hours MCLE & Legal Specialization
Corporate & Pass-Through Entities, Estate & Gift Tax
Income tax planning and tax basis management will be at the forefront of estate planning, whether “tax reform” happens or not. Entities taxed as partnerships are the ideal vehicle in this new paradigm. This presentation will discuss how partnerships (and disregarded entities) can be used to (i) change the basis of assets and maximize the “step-up” in basis, (ii) defer and shift tax items (income and deductions), (iii) diversify concentrated stock positions with little or no tax, (iv) dispose of those pesky installment notes currently in the grantor’s estate, and (v) transfer wealth in a world of diminishing valuation discounts (especially in light of the section 2704 regulations which will likely be finalized regardless of what tax reform occurs).
Tax Policy, Practice & Legislation, Tax Procedure & Litigation
In summer 2017, Republican leaders in Congress and the Administration promised tax reform by year end. What was enacted? If nothing yet, what’s on the table and what is the time frame? The panel will also look at how final or proposed changes affect how much you owe, as well as tax planning including choice of entity, compensation arrangements, financing, charitable giving, transfers at death, financial statements and state taxes.
CTPC (State and Local Tax), Tax Policy, Practice & Legislation
Legislative Tax Committee staff and Legislative Directors from the Franchise Tax Board and the California Department of Tax and Fee Administration will provide an overview of what passed and what didn’t over the past year. The panel will also provide their perspectives on why things happened the way they did and what the landscape may look like for the coming year.
1.25 Hours MCLE & Legal Specialization
Estate & Gift Tax, Tax Policy, Practice & Legislation
Significant tax reform is likely on the horizon. Given the proposals from President Trump and the Republicans in Congress, we could see the first significant tax reform in more than 30 years. In the midst of potential legislative changes, a focus on tax planning will remain of the utmost importance. This program will address the latest from the IRS in DC, recent legislative and regulatory changes, case law and rulings as well as the recent trends in gift and estate tax audits.
Corporate & Pass-Through Entities, CTPC (State & Local Tax)
This panel will discuss income tax consequences associated with the acquisition and disposition of
businesses conducted in partnership form. The panel will focus on general rules that apply for both federal and California income tax purposes, and will also discuss significant differences between federal and California treatment, including concerns under the recently enacted federal partnership audit rules.
CTPC (State and Local Tax), Tax Procedure & Litigation
It’s a conference favorite and it’s back again! Join our panel of experts as they review the recent
developments in income, sales/use, property, and other tax litigation, provide an overview of pending cases that should be on everyone’s radar, and provide their thoughts on how these cases will influence state tax policy in the future.
Luncheon and Federal Keynote #35 | $49 per person
The opening day luncheon showcases the prestigious V. Judson Klein Award to Justin T. Miller, National Wealth Strategist, BNY Mellon LLP, San Francisco; and the distinguished Joanne M. Garvey Award to Steven Toscher, Hochman Salkin Rettig Toscher & Perez P.C., San Francisco. The luncheon program will feature a keynote address by Dr. Edith Eva Eger, renowned Speaker and Author. Purchase tickets in advance when registering. Onsite ticket sales are limited.
Justin T. Miller
Dr. Edith Eva Eger
1 Hour MCLE & Legal Specialization
Estate & Gift Tax
Many states have aggressively competed to attract trust business by transforming their trust law. The trend started with the abolition of the rule against perpetuities. This trend, sometimes contemptuously referred to as “The Race to the Bottom,” has accelerated in recent years. Hence, traditional notions such as fiduciary duty, creditor and beneficiary rights, to name a few, have been turned on their head. Two veterans of the “Situs Wars” will discuss the trust law features that have drawn trust business and revenues away from California, including our much maligned fiduciary income tax scheme, as well as “DINGs” and “NINGs”
Tax Procedure & Litigation
We’re not going to tell you the odds . . . This panel will review the differences between successor, alter
ego, nominee, and transferee liability; discuss ways to protect against such liability; and analyze how to handle such assertions by the IRS.
CTPC (State and Local Tax)
Whether it’s uptown, downtown, midtown, the burbs, city business and other local taxes are everywhere now. Changes to these taxes, such as expansion to new services or credits to incentivize behavior, occur frequently, unexpectedly and without notice. This panel will dive into the nuts and bolts of the larger jurisdictions, such as Los Angeles, San Francisco, and Oakland, among others. They will also discuss new rules around compliance, apportionment (or lack thereof), including sourcing, and audit practices that have changed the urban landscape along with important practical considerations and tips for the unwary. This panel will also address considerations around the consistencies and inconsistencies with state and multi-state taxation regimes, and the resulting compliance challenges. Finally, this panel will address overall policy considerations for cities and other local jurisdictions to consider as they move forward with the administration of these taxes.
Corporate & Pass-Through Entities, CTPC (State & Local Tax), Income & Other Taxes
This panel will dive into California’s new statewide manufacturing and sales/use tax partial exemption. You’ll learn about the nuts and bolts of the law and regulations, filing claims for refund, and claiming the partial exemption on a go-forward basis. You’ll also hear about compliance and audit considerations, as
well as traps for the unwary. Policy considerations and legislative initiatives will also be discussed. This new program applies to a broad array of activities and it might surprise you what is covered!
Tax Procedure & Litigation, Young Tax Lawyers
For the last several years, the IRS and the Department of Justice Tax Division have focused their attention on employment tax enforcement. We’ve seen new notices and alerts to taxpayers regarding non-compliance, more field visits by revenue officers, an increase in worker classification audits, a surge in suits for injunctions and motions for contempt, and an escalation of criminal investigations into willful employment tax violations. Delinquent employers are facing heightened scrutiny at all levels, and are finding that outsourcing their obligations to staffing companies or professional employer organizations (PEOs) also presents new challenges. This panel will engage in a lively discussion of current civil and criminal employment tax enforcement statistics, recent developments and trends in this area, and best practices
when representing employers and PEOs.
The buzz about sweeping tax reform reminds us of the significance of conformity (or the lack thereof), but with a tax code that is heavily linked to federal law, such reform will have a substantial impact on California and will raise the issue of the extent to which the state Legislature will choose to conform to new federal law. During this session, our panelists will discuss possible federal tax reform, conformity in general, the considerations that state legislators make when determining whether to conform to federal tax laws, and important points to keep in mind with the possibility of federal tax reform looming.
1.5 Hours MCLE & Legal Specialization
CTPC (State & Local Tax)
Two California Courts of Appeal have decided that certain software transactions are exempt from the sales tax as “technology transfer agreements.” The Board of Equalization is now tasked with implementing those decisions. The stakes are high to get it right. Our panel will discuss where we are, how we got here, and what resolution of this issue may look like.
Tax Procedure & Litigation
This distinguished group of judges provides practice pointers and tips applicable to pre-trial activities,
courtroom presentation including the key to effectively drafting pleadings and post-trial briefs. Judges share their expectations for attorney conduct and discuss the balance of advocating for clients and the ethical duties as officers of the Court. Finally, the discussion will include a look at how emerging eCourtroom technology is changing the future of litigation.
CTPC (State and Local Tax), Corporate& Pass-Through Entities
The market-based sourcing rules aren’t new anymore, but more and more taxpayers will be coming up for audit on their market-based sourcing years. During this session, our panelists will provide an update on the recent and current regulation projects that are underway to update the rules, and will discuss the practical implementation of the market-based sourcing rules from both a taxpayer and state perspective.
Tables will be reserved under each Committee’s name. If you are planning to attend a Committee meeting, please select the appropriate box in Section C. of the Conference Registration Form.
SALT Committee Meeting with Nicolas Maduros – the SALT Committee will be hosting a meeting with Nicolas Maduros, Director of the California Department of Tax and Fee Administration. Come meet the Director and learn more about what is going on at the Department.
Taking risks in your career can be daunting and the fear of the unknown and possible rejection can stymie personal growth. Being ready, willing and able to take that leap can lead to new challenges and accomplishments. Panelist(s) will provide insights, personal perspectives and share how they addressed challenges and obstacles to ultimately find success in their careers.
There will be valuable time to network and get involved with the Women in Tax Standing Committee of the State Bar of California Taxation Section and to meet outstanding women attorneys and tax practitioners who have achieved professional excellence in their field of practice.
Sponsored by Morgan, Lewis & Bockius LLP.
Annual Conference Dinner #37 | $95 per person
Purchase tickets in advance. Onsite tickets sales are limited. This dinner is sponsored in part by Pillsbury Winthrop Shaw Pittman LLP.
Join an after-hours event with entertaining activities. Hosted in part by Wagner Kirkman Blain Klomparens& Youmans LLP. This event is complimentary, but your RSVP is required. Sign up when registering.