2020 New York State Tax Update Seminar
Agenda
Registration: 8:00 – 8:30 am
Morning Session: 8:30 am – 12:00 pm
Lunch (On your own): 12:00 – 1:00 pm
Afternoon Session: 1:00 – 4:40 pm
New York Tax Trends
J. Reed, L. Rothenberg
Current environment – aggressive
Residency update
Audit practice update
Collection and enforcement update
Federal tax reform – conformity and nonconformity
New York Tax Litigation Update
J. Reed, L. Rothenberg
Determinations from the New York State Division of Tax Appeals
Decisions from the New York Tax Appeals Tribunal
Litigation in New York state courts
Tax whistleblower lawsuits
New York Corporate Tax Reform – Five Years Later
J. Reed, L. Rothenberg
Overview on New York corporate tax reform
Administrative guidance
Economic nexus
Market-based sourcing
Impact on pass-through entities
Status of draft regulations
Comparison with New Jersey and other states
Sales and Use Tax Update
J. Reed, L. Rothenberg
Sales tax imposition
Use tax imposition
New York’s approach to Wayfair and marketplace facilitators
E-commerce
Recent developments
Cases and administrative determinations
Administrative Practice Before
the New York State Division of Tax Appeals
N. Behuniak, J. DiFiore
Pre-hearing considerations
Conduct and practices at the hearing
Post-hearing issues
New York State Tax Incentives
G. Mailman, J. Janiszewski
Overview of Empire State Development
Review of all tax incentive programs
Discussion of Film Tax Credit program
Discussion of Excelsior Jobs program
Advantages to doing business in New York
Credits
Accountants
8.0 CPE Hours
Attorneys
8.0 New York CLE Hours
8.0 New Jersey CLE Hours
Continuing Education Credit Information
This seminar is open to the public. It offers 8.0 intermediate level CPE hours in the area of taxes to CPAs. Prior knowledge state taxation is beneficial, and no advance preparation for this course is required. Courses taken from NASBA-registered CPE providers are accepted by the NYSED.
HalfMoon Education Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.NASBARegistry.org. Sponsor No. 103015.
HalfMoon Education Inc. is certified by the New York State CLE Board as an Accredited Provider of CLE programs. This traditional format course offers 8.0 CLE hours, consisting 8.0 Areas of Professional Practice hours, which are appropriate for experienced attorneys.
HalfMoon Education Inc. is a New Jersey CLE Service Provider (No. 164), and this course offers 8.0 CLE hours to New Jersey attorneys.
Attendance will be monitored, and attendance certificates will be available after the seminar for most individuals who complete the entire event. Attendance certificates not available at the seminar will be mailed to participants within fifteen business days.
Speakers
Nicholas Behuniak
New York State Division of Tax AppealsNicholas Behuniak is an Administrative Law Judge for the New York State Division of Tax Appeals in Albany. Before attending law school, Judge Behuniak was a C.P.A. with the New York City office of PriceWaterhouseCoopers. After attending law school, Judge Behuniak practiced business, tax and securities law with a law firm and was in-house counsel with what is now Bank of America. Prior to his work with Tax Appeals, Judge Behuniak represented the New York State Department of Taxation and Finance in administrative tax hearings as a member of its Office of Counsel. He is a graduate of Ithaca College and Albany Law School.
Jessica DiFiore
New York State Division of Tax AppealsJessica DiFiore is an Administrative Law Judge for the New York State Division of Tax Appeals in Albany. Prior to her work with Tax Appeals, Judge DiFiore represented the New York State Department of Taxation and Finance in administrative tax hearings as a member of its Office of Counsel. Judge DiFiore began her career as a private practice attorney practicing in NY, NJ, MA, CT, NH and NC, focusing on civil litigation. She is a graduate of Siena College and Villanova University School of Law.
Jeff Janiszewski
Empire State DevelopmentJeff Janiszewski is the Senior Vice President of Strategic Business Development at Empire State Development. He has nearly 40 years of experience in the field and manages a select team of economic developers throughout the State to secure large scale business attractions and expansions. He also oversees Empire State Development’s Global NY Program. He is a graduate of SUNY Albany.
Greg Mailman
Empire State DevelopmentGreg Mailman is the Senior Vice President of Tax Incentives at Empire State Development. He oversees the administration of the state’s tax incentive programs. Prior to joining Empire State Development in 2013, he was an associate in a private asset management company where he specialized in back office operations. He earned a B.A. degree in Economics from SUNY Binghamton and an M.B.A. degree from Fordham University.
Jeffrey S. Reed
Chair of the State and Local Tax Practice at Kilpatrick Townsend & Stockton, LLP, in the New York City officeMr. Reed concentrates his practice on state tax controversies, planning and unclaimed property. A former litigator for the Massachusetts Department of Revenue, he has represented clients in state tax controversy matters in over 30 states and has obtained favorable letter rulings for clients in several different jurisdictions. Mr. Reed regularly advises on the constitutionality of state tax positions, the availability of exemptions and incentives, and how to source revenue streams for state corporate income tax and sales tax purposes. He has handled New York qui tam (whistleblower) lawsuit litigation and received widespread acclaim for arguing and winning the closely-watched IT USA, Inc. case before the New York Tax Appeals Tribunal. Besides state tax, Mr. Reed also devotes a significant part of his practice to unclaimed property. In the federal tax area, he has favorably resolved IRS audits and has successfully represented taxpayers in appeals conferences before the IRS Office of Appeals. Mr. Reed is the author of “The Reed Report,” a State Tax Notes column. He also writes a “Shop Talk” column for the Journal of Multistate Taxation and Incentives. Mr. Reed is the former editor in chief of the State and Local Tax Lawyer and is on the State and Local Tax Executive Committees for both the American Bar Association and the New York City Bar Association.
Lance E. Rothenberg
Partner at Rothenberg Tax Law, LLC, in the Greater New York City Metropolitan AreaRothenberg Tax Law is a boutique law firm with a niche focus in federal and state tax controversy and multistate state and local tax consulting. Mr. Rothenberg is the former Practice Leader for Tax Controversy Services for a top 15 accounting firm. He represents clients before the Internal Revenue Service and various state revenue departments, with special expertise in matters before the New York Department of Taxation and Finance, the New York City Finance Department, and the New Jersey Division of Taxation. Among other areas, he specializes in residency taxation, sales and use taxation, responsible person assessment defense, remote worker taxation, and multistate nexus analyses, as well as tax audits and appeals for businesses and business owners. Mr. Rothenberg is a frequent lecturer and author on numerous tax topics, and he genuinely enjoys his work assisting clients from high-net-worth individuals to smaller mom/pop operations with their tax entanglements.