8:55 Welcome and Introductions
9:00 North Carolina Sales and Use Tax: The Basics
Michael A. Hannah, North Carolina Department of Revenue, Raleigh
Applying North Carolina's sales and use tax statutes to clients' various business transactions can often present a major challenge to tax practitioners. While understanding the intricacies of the statutes and related interpretations by the North Carolina Department of Revenue (NCDOR) has always been somewhat difficult, changes that were enacted as part of tax reform by the General Assembly over the last decade —expansion of the sales tax base to include certain remote sales and some repair services, increase and modification of some exemptions, changes to certain definitions, varying effective dates, etc. — can be complicated and perplexing even to the most seasoned attorneys. This session discusses the important, recent changes to the sales and use tax statutes and the NCDOR's interpretation of them. Attendees can expect to hone their skills to better serve their clients and prevent unintended consequences that could arise from their business transactions.
10:01 North Carolina Department of Revenue Tax Audits and Appeals
Ronald D. Williams II, North Carolina Department of Justice, Raleigh
Receipt of a letter with a NCDOR return address can sometimes result in significant anxiety over the nature of the correspondence. If your client receives an audit notice, tax assessment or other notification from the NCDOR, you may very well get a panicked phone call from the client asking, "what do we do now?" Your understanding of the NCDOR appeals process is essential to providing calming, helpful advice to your client and working through the statutory requirements necessary to obtain an equitable and reasonable resolution of the issues for that client. This session explains audits, deficiency notices, appeals and other agency processes and offers suggestions for how best to work with NCDOR personnel when your client is notified of some issue with a tax filing.
11:01 Break
11:11 North Carolina Corporate and Franchise Tax Law
Michael A. Hannah, Law Office of Michael A. Hannah, Siler City
The North Carolina General Assembly has enacted some of the most sweeping tax changes in history as part of tax reform during the last nine years. Corporate franchise and income taxes have been the subject of a significant number of those changes. In addition to substantial tax rate reductions, important modifications of the rules for determining taxable bases, apportionment, allocation, sourcing, etc. for corporations that conduct business in multiple states can substantially impact your clients. The changes mean tax practitioners need to understand and apply different rules to different tax years, further complicating tax filings and litigation strategy in the state. This presentation summarizes the many changes, how the NCDOR interprets and applies them to actual fact patterns, and how your corporate clients may be affected.
12:12 Lunch Break
12:42 Hot Topics in Multistate Taxation
Jeffrey A. Friedman, Eversheds Sutherland LLP, Washington, D.C.
Richard D. Pomp, University of Connecticut School of Law, Hartford, CT
During this session, listen as tax practitioners cover significant developments in state and local taxation, including recent litigation, legislation and audit trends.
1:45 Multistate Sales Tax
Jack A. Schmoll, Schmoll CPA PLLC, Charlotte
While there is some similarity in tax law from state to state, there are substantial differences that must be understood. This session touches on multistate sales tax issues that are directly impacting our clients right now. Then, presenters explore beyond nexus issues, discussing taxability of products, digital goods and services. Issues such as sales tax sourcing, the treatment of drop shippers and exemptions are also discussed.
2:45 Adjourn
Thank you for joining us for State and Local Tax in 2021 and Beyond.
Designed to benefit tax professionals from across the state, this informative and entertaining program brings you up to speed on the latest developments in state and local tax law.
Jeffrey A. Friedman is with Eversheds Sutherland LLP in Washington, DC. Honored as "Tax Lawyer of the Year" in 2011 by State Tax Notes, Jeff provides sophisticated state and local tax planning, strategic advice and advocacy to numerous Fortune 100 and industry-leading companies. His comprehensive practice includes state and local tax planning, compliance, legislation and policy, and litigation and controversy matters involving income, franchise, sales and use and property taxes. Jeff's clients span a variety of industries, including e-commerce, energy, technology and telecommunications.
Prior to joining Eversheds Sutherland (US), Jeff was a partner in KPMG's Washington national tax practice; served as an attorney-adviser in the U.S. Department of the Treasury's Office of Tax Policy, where he assisted with the development of the U.S. government's position on domestic and international electronic commerce tax issues; and served as vice president and counsel of the Committee (now Council) On State Taxation (COST).
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Michael A. Hannah is a CPA and Attorney at Law currently serving as outside counsel at the North Carolina Department of Revenue in Raleigh. He has extensive and varied experience with state tax issues having worked in public accounting, private industry, the practice of law, and state government. While previously serving as Assistant Secretary of Revenue for Legal Services at NCDOR for 8 years, he presided over administrative tax hearings for taxpayer protests involving all North Carolina taxes except property tax.
Michael recently served as tax counsel to the North Carolina Senate Finance Committee for 9 years, assisting with drafting tax legislation, developing state tax policy and working with industry lobbyists, legislative leadership and NCDOR to resolve state tax issues. He has published numerous articles and spoken nationally on various multistate tax issues and has taught many seminars on state and local taxation for such organizations as the AICPA, IPT, TEI, NCACPA, COST and the NC Bar Association.
Christopher E. "Chris" Hannum is a partner with Culp Elliott & Carpenter PLLC in Charlotte. He practices in the areas of corporate law, trusts and estates and tax and business law. He frequently advises on complex tax and business matters, including corporate and real estate transactions and financing, estate and income tax planning, asset protection, securities matters, tax controversies, and mergers and acquisitions.
Chris has a proven track record of handling sophisticated transactions and developing effective solutions to minimize taxes and legal risks, preserve wealth and achieve other client objectives.
Chris has led or participated in many of the corporate transactions the Firm has recently handled as part of the CEC Business Planning and Transactions Practice. He is a member of the Business Law, Elder & Special Needs Law and Tax Sections of the North Carolina Bar Association.
Chris earned his B.A. in Political Science from Allegheny College, his J.D., with honors, from The University of Florida and his LL.M., with honors, in Taxation from The University of Florida.
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Richard D. Pomp is the Alva P. Loiselle Professor of Law at University of Connecticut School of Law in Hartford, CT. He is a summa cum laude graduate of the University of Michigan and a magna cum laude graduate of Harvard Law School. He has taught at Harvard, New York University, Columbia, University of Texas, and Boston College. In addition, he has been a Distinguished Professor in Residence, Chulalongkorn Law School, Bangkok, Thailand, and a Visiting Scholar at the University of Tokyo Law School and at Harvard Law School.
Richard has been qualified as an expert witness in more than 30 states and the federal district courts and has appeared in more than 120 cases. He serves as counsel and a litigation consultant to law firms, corporations, accounting firms, and state tax administrations. He has participated in various capacities in U.S. Supreme Court litigation.
Richard has also served as a consultant to cities, states, the Multistate Tax Commission, the Navajo Nation, the U.S. Congress, the U.S. Treasury, the Department of Justice, the IRS, the United Nations, the IMF, the World Bank, and numerous foreign countries, including the People's Republic of China, the Republic of China, Indonesia, the Gambia, Zambia, Mexico, the Philippines, Pakistan, India, and Vietnam. He is the former Director of the New York Tax Study Commission. Under his tenure, New York restructured its personal and corporate income taxes, and created an independent tax court.
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Jack A. Schmoll is a managing member at Schmoll CPA PLLC in Charlotte. He provides only state and local tax services. He uses his deep knowledge and broad experience to help taxpayers and other CPA firms.
Jack has worked exclusively in state and local taxation for 24 years, 15 in public accounting and nine with the Washington State Department of Revenue. He has a very deep state tax knowledge and have assisted clients with issues in all 50 states and the District of Columbia. Over his career Jack has had the opportunity to work with a wide variety of industries including: manufacturers, software, high technology, online retailers, wholesalers/distributors, healthcare, professional services and nonprofits.
Jack is an avid runner and also enjoys his children's sporting events, camping, hiking, and exploring historical sites.
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Ronald D. "Ron" Williams II serves as the Assistant General Counsel for Tax Administration for the North Carolina Department of Revenue. In this role, Ron advises Tax Administration and the Department on a variety of areas related to State and Local Taxation.
Before joining NCDOR, Ron previously worked for the North Carolina Attorney General representing the NCDOR in contested tax matters. Ron has successfully litigated matters in North Carolina Appellate Courts and Federal Bankruptcy Courts across the country.
Ron is a cum laude graduate of North Carolina Central University School of Law.
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