Zack’s Panel: The Sales Taxation of Digital Products - Wednesday, October 18, 11:10AM - 12:10PM
The inclusion or expansion of the sales tax base to include cloud computing, digital information and data processing, video and audio streaming, and other digital products continues to provoke controversy across the state tax landscape. This session will provide an update on the latest state digital tax base expansion proposals, the MTC digital products project, and the most significant tax litigation relating to the digital economy. Panelists will also discuss the importance of sales tax exemptions for digital business inputs and the dismal record of the states to date in avoiding digital business inputs pyramiding.

Carley’s Panel: Foreign Factor Representation - Thursday, October 19, 8:10AM - 9AM
The states have a long history of taxing foreign dividends, and more recently, GILTI, without allowing full or even partial foreign-factor representation. This trend is getting worse, not better, as evidenced by Minnesota’s new approach to taxing about one-half of foreign source income with no foreign factor representation. This session will discuss the historic state limitations on foreign-factor representation, and past legal challenges to these practices. The panelists will also analyze the likely future legal challenges based on Commerce Clause discrimination and fair apportionment principles.

Evan's Panel: On What Basis? Identifying and Calculating Tax Base Differences Between Federal and State Asset Basis - Thursday, October 19th, 10:10 - 11AM

State conformity to federal tax base calculation is never as straightforward as it may seem. Although states conform to one of several federal starting points to calculate income, state modifications--statutory or constitutionally based--create significant differences in asset basis, subsidiary capitalization calculations, and other tax attribute determinations. This presentation will illustrate the opportunities these differences present to taxpayers--and the documentation and calculation challenges that taxpayers must embrace to seize these benefits.

Pillsbury Panelists

Additional Panelists

Nathan Runyan, Holland & Hart
Chris Wilson, Holland & Knight
Shail Shah, Greenberg Traurig
Jennifer Young, Moss Adams
TBD, Vallejo, Antolin, Agarwal & Kanter
TBD, Andersen


Council on State Taxation (COST)