TeleStrategies' Communications Taxation 2012
May 16-18, 2012 -- Peabody Orlando Hotel, Florida
Speaking proposals are now Due!! -- if you are interested in presenting, please send your proposal by email to Matthew Lucas, mlucas@telestrategies.com. See the attached CFS for details (PDF).
About TeleStrategies' Telecommunications Taxation Conference:
TeleStrategies' 13th Annual Communications Taxation Conference brings together the nation's top tax professionals to address the challenging and amazingly complex domain of telecommunications taxation.
The program provides comprehensive coverage of all aspects of telecom tax, including:
- Key legal proceedings, judgments and case studies
- Emerging services: Cloud, M2M, content, wireless apps, subsidized transport
- Audit defense and tax recovery
- Transaction, income and property tax compliance updates
- VoIP, pre-paid, E-911 and other key FCC decisions
- Exemptions, property tax and equipment depreciation issues
- Federal/local fees and surcharges
- Sourcing, nexus, jurisdiction regulations across federal, state and local
- Industry-specific (wireline, wireless, content aggregators, ISPs, cable) updates
- Emerging regulatory and local legislation bellwethers
- Billing integration, interfaces, quality assurance, internal controls
- And more!
Whether you are new to telecom taxes, or an industry veteran, you will learn how to lower your tax bill, streamline tax operations, proactively prepare for audits, better defend your company's audit position, leverage case studies/precedent to lower your tax liabilities, and, most importantly, network with your peers to learn from other's experiences.
Please don't hesitate to contact me for any reason about the program.
Sincerely,
Dr. Matthew Lucas, Program Chair
mlucas@telestrategies.com
TeleStrategies' Communications Taxation 2011
(Previously Held)
May 24-26, New Orleans, LA
9:00 - 4:30 -- Pre-Conference Tutorial: Understanding Communications Taxation, Led By Deloitte (Details follow the conference agenda below, or click here)
8:30aM
Conference Opening Remarks
Dr. Matthew Lucas, Vice President, TeleStrategies, Inc.
8:35 - 9:45 am
Executive Keynote
The communications world is changing and the evolution affects the tax world! A distinguished panel consisting of some of the most notable communications tax experts and the former General Manager of the National Broadband Plan at the FCC discuss the current and future FCC and federal and state regulatory posture and its impact on state taxation policy. The panel will provide an overview of the legislative and regulatory landscape from an industry and tax perspective; a discussion of the current regulatory commission environment and its broadband policy; the horizon for the industry; and how the current and future environment will have an impact on the taxation of communications providers. Where is the internet tax nondiscrimination act? How does it fit into the national Broadband plan? Will there be a moratorium on new taxes on wireless services? Where is federal legislation of state taxation going?
Brian Goldstein, Partner, PricewaterhouseCoopers
Stacey Sprinkle, Vice President - Federal Tax Policy, Verizon Wireless
Erik Garr - PwC Diamond Advisory (formerly served as the General Manager of the National Broadband Plan at the FCC)
9:45 - 10:00 am
Morning Break and Exhibits Open
Session A
10:00 - 11:00 am
Making Sense of the New Stuff – What’s around the Next Corner?
This session will focus on new technologies predicting how the field of communications may evolve and change beyond what we see today. So much time is spent today on what is happening right now (or even yesterday), this panel will attempt to peek around the next corner to discuss what companies will likely be facing next year or the year after. Topics to be addressed include: M2M/Smart grid of the future, the move toward unified communications, subsidized transport/reciprocal compensation for prioritized traffic (e.g., video transport and hosted services), and other sources of revenue from emerging partnerships.
Dr. Matthew Lucas, Vice President, TeleStrategies
Jim Nason, Tax Managing Partner, Telecommunications, Deloitte Tax
Tal Givoly, Entrepreneur and Technology Executive
Session b
10:00 - 11:00 am
Compliance and Technology Challenges in a Multi-Taxed Industry
Rapidly changing technologies, services and regulations are making it increasingly difficult for service providers to comply with complex state and local taxes. This session will cover the key compliance challenges facing the telecom industry today. The speakers will look at resolution strategies if you discover tax exposure, discuss compliance by way of voluntary disclosure agreements, give best practices to managing billing systems/tax technologies, and consider options to determine a tax management strategy.
Paul Woeltje, Director, Professional Services, Thomson Reuters
DaNang Wilson, Sr. Tax Consultant, Consulting Services, Thomson Reuters
Carol McIlvaine, Sr. Director Client Services, Thomson Reuters
11:00 - 11:15 AM - Session Break
Session A
11:15 - 12:00 Pm
Tax Recovery
Understanding telecommunications equipment, systems and their component parts presents the single largest challenge to identifying tax recovery opportunities. But it is critical, because before operations can look at tax recovery, they must first understand what is bought, how it is used and where it is put in service. This session will break down the component parts of telecommunications systems, discuss refund opportunities, provide state specific examples, cover vendor issues and present a responsible – “minimized-audit-risk” approach to recovering overpaid taxes.
Shon Holyfield, Partner, TTR
Session B
11:15 - 12:00 Pm
Taxation for Emerging Services
The staggering array of apps, ringtones, games and digital content available on cell phones, computers and other devices are driving the business growth in the telecommunications industry. While these services and digital content can be purchased now, the question remains: how should they be taxed? This session will examine how states are addressing legislation to tax new developments in technology.
Sandra Thomas, CPA, Director of Tax Research, BillSoft
12:00 - 1:15 Pm
TeleStrategies' Sponsored Lunch and Exhibits
Session A
1:15 - 2:00 Pm
Audit Defense Strategy
Carriers spend an inordinate amount of time and money defending prior positions in the face of auditors armed with 20-20 hindsight. Meanwhile, the same jurisdictions are facing budget crises never before seen, thereby making audit recovery their first priority. This session presents views from seasoned veterans regarding current audit issues and industry trends, as well as pragmatic perspectives on audit defense best practices and success strategies.
Kathy Saxton, Director, Multistate Tax Service, Deloitte Tax
Audra Mitchell, State Tax Counsel, Sprint
Marie Harris, Senior Manager, T-Mobile
Pinkye Neal, Sr. Manager, Transaction Tax, EarthLink
Session B
1:15 - 2:00 Pm
Current Trends Surrounding the Tax and Regulatory Status of VOIP Service - Is a “One-Size Fits All” Tax Policy Still a Realistic Option?
This session will survey the recent flurry of tax and regulatory enactments which are dramatically affecting the tax liability position of VOIP providers in the marketplace and how to develop an effective and responsible managerial policy to address these changes. The speakers will evaluate the regulatory rulings by the FCC inviting states to begin subjecting VOIP revenue to state universal service fees and other surcharges; initiatives by state public utility commissions that draw a distinction in tax liability between Fixed versus Nomadic VOIP service; as well as a case study of gross receipts tax as it applies to VOIP.
David Rubenstein, Managing Editor, Telecommunications & Utilities Tax, CCH, a Wolters Kluwer business
Moshe Weingarten, Manager of Operations and Production, CorpSystem SalesTax
CCH, a WoltersKluwer business
2:00 - 2:15 PM - Session Break
Session A
2:15 - 3:00 Pm
Pass It On: The Battle to Reveal Hidden Taxes
State and local governments are increasingly enacting gross receipts taxes upon service providers throughout the country. The jurisdictions would prefer to impose these taxes on the providers and keep them "hidden" from the consumer. Considering public policy concerns, free speech rights, and the bottom line, providers are investigating ways to legitimately pass through these taxes. This session will bring you up to date with a comprehensive review of applicable authority and court cases along with a discussion of methods to boost your bottom line.
Jim Kranjc, Principal, Ryan, LLC
Tom Donohoe, Partner, McDermott, Will & Emery
Session B
2:15 - 3:00 Pm
Overcoming the Challenges of Growing Sales and Use Tax Audits
Today, more than 10 percent of tax addresses are incorrect – making operations vulnerable to significant financial and legal exposure as states facing severe economic conditions ramp up audits. Knowing the right location of tax jurisdictions is critical to sales and use tax, transaction and property tax compliance. This session will look at how precise geocoding at the parcel level, combined with current and spatially accurate tax jurisdiction boundaries, provides comprehensive transaction and non-transaction tax information, including the lowest-level taxing and remittance authority.
Brady Foust, Ph.D., Consulting Geographer, CoreLogic
3:00 - 3:15 PM - Session Break
Session A
3:15 - 4:00 Pm
Update on Accounting for Income Tax
In this era of hyper-regulation and globalization, Accounting for Income Taxes (ASC 740) is one of the highest financial reporting risks in a company's financial statements and an increasing focus of external auditors and audit committees. This session will present insights and understanding of ASC 740, covering the tidal wave of US GAAP changes underway, potential ASC 740 implications; tax accounting risk faced by US-based multinationals with inconsistent adoption of IFRS at the foreign statutory level; Schedule UTP and how to integrate/reconcile to FIN 48; and current SEC hot buttons for accounting for income taxes.
Bob Norton, Chief Income Tax Officer, Vertex Inc
Jode Shaw, Principal, Practice Leader - Tax Accounting and Risk Services, Ryan, LLC
Session B
3:15 - 4:00 Pm
Sales and Excise Tax - Defense of Digital and “Cloud” Products from State Taxation
This presentation will address the key issues and arguments digital product providers should be aware of to defend against the various ways states and localities seek to subject them to both new and existing (e.g. telecommunications) sales and excise taxes, and provide advice regarding strategies for providers to possibly avoid or minimize the improper taxation of these services. The presenters will consider representative digital products and services, analyze various ways in which states seek to apply tax to these products and providers, and evaluate the latest developments in physical and attributional nexus, as well as the diverse sourcing rules (including the SSUTA rules) employed by states to reach such transactions.
Tom Steele, Partner, Morrison & Foerster LLP
Jim Kratochvill, Of-Counsel, Morrison & Foerster LLP
Kirsten Wolff, Associate, Morrison & Foerster LLP
4:00 - 4:15 PM - Session Break
Session A
4:15 - 5:00 Pm
Send Lawyers, Guns and Money - a Review of this Year's Significant State and Local Tax Controversies and What Telcos can do to Fight Back
This session will detail the past year's significant audit and tax controversies impacting the telecommunications industry and look at the resulting issues and opportunities taxpayers must consider in the coming months.
Eric Tresh, Partner, Sutherland, Asbill & Brennan
Jessica Kerner, Associate, Sutherland, Asbill & Brennan
5:00 - 6:00 PM - Exhibits and Cocktail Reception
8:30 - 9:15 am
General Session
Transaction Tax Issues and Updates Related to Cloud Computing, Mobile Applications, Digital Goods, Content and Emerging Telecommunications Services
There are a number of important transaction tax ramifications related to various services that are deemed to constitute cloud computing -- including Software as a Service, Platform as a Service and Infrastructure as a Service – as well as mobile applications, digital goods and content. The session will provide an update regarding the tax consequences of these emerging telecommunications products and services not only from a communications services and network operator’s perspective, but also from the equally important application service provider and customer experience perspective.
Mark Beshears, Assistant Vice President, State and Local Tax, Sprint
Grady Cunningham, Partner, State and Local Tax, KPMG
Stacey Sprinkle, Vice President - Federal Tax Policy, Verizon Wireless
8:30 - 9:15 am
Breakout/Round-Table SessioN A
Prepaid Point-of-Sale Sourcing
The 911 tax expansions have created an administrative nightmare for most operators providing prepaid wireless service. This session will provide updates to the legislative proposals aimed at resolving the difficulties associated with imposing monthly taxes on prepaid telecommunication products. The speakers will talk through their proposals and success with the NCSL; statutory adoption in 13 states; regulatory challenges, planned action in 2011 and strategies for dealing with prepaid sourcing.
John Cmelak, Director, State Tax Policy, Verizon Communications
Scott Mackey, Economist & Partner, KSE Partners LLP
8:30 - 9:15 am
Breakout/Round-TablE SessioN B
Audit Defense Roundtable
This breakout discussion will focus on managing audits and negotiating liabilities to minimize audit assessment payments to the various state and local taxing authorities. The session will look at the alternatives to traditional audits and provide real-world examples of negotiated settlements to consider as you navigate through your current and future audit activities.
Jamie Brenner, SALT Director, PricewaterhouseCoopers
Brad O’Donnell, Director-Transaction Tax Audit, Verizon Communications
9:15 - 9:30 AM - Session Break
9:30 - 10:15 am
General SeSSION
Universal Uncertainty?
As Congress and the FCC tussle over regulatory reach, the future of the Federal Universal Service program hangs in the balance. The ultimate outcome of these maneuvers stands to have a significant impact on recovery surcharge practices. This session will consider the various proposals for wider application, look at the dramatically different assessment models and discuss tax implications.
Toby Bargar, Esq., Senior Tax Consultant, BillSoft
9:30 - 10:15 am
Breakout/Round-TablE SessioN A
Leveraging Geocoding to Improve Tax Jurisdiction Lookup and Customer Analytics
Service providers face a number of challenges in assigning accurate sales and use tax jurisdictions and rates for customer billing and tax calculation. This session will look at how operators can leverage parcel precision geocoding not only to provide jurisdiction information, but also a range of other demographic and customer information that can be useful at service activation and on-going customer management. Specific topics addressed include customer pre-qualification, address correction and validation, customer identity verification and geodemographic/socio-economic information and metrics that can be used for predicting customer behavior and usage, specific service uptake probabilities and upsell/cross sell campaign optimization.
Tony Burton, GeoTAX Product Manager, Pitney Bowes Business Insight
Jeremy Peters, Principal Consultant, Pitney Bowes Business Insight
9:30 - 10:15 am
Breakout/Round-TablE SessioN B
Property Tax – Addressing the Valuation Challenges of Moving to an All “IP” Network
The convergence of technologies towards an “all IP” network is problematic for property tax – because both replacement costs and depreciation are very difficult to determine because of technology advances. This talk will look at the cost approach and how to use appropriate indexes/depreciation tables to accurately determine the value of telecommunication property. The speaker will also highlight alternative sources of indexes; how to capture price change for a “relevant” market basket of goods; how to emulate reproduction/replacement costs; and the problems associated with using the BLS PPI.
Joe Molina, Ryan, LLC.
10:15 - 10:30 AM - Session Break
10:30 - 11:15 am
General SeSSION
Regulatory, Tax and Business Implications of Recent FCC Decisions Related to Enhanced Communications
This panel will discuss recent FCC rulings, Congressional actions, and policy initiatives along with the immediate and long-term regulatory, tax and business implications of telecom's metamorphosis to an “all IP” network. Specific topics discussed include the FCC’s Nebraska/Kansas Public Utility Commission Declaratory Ruling, Intercall, the 21st Century Communications and Video Accessibility Act’s inclusion of “non-Interconnected” VoIP as a covered service, and various FCC reform proposals stemming from its National Broadband Plan. Insights regarding the immediate and longer-term implications of these decisions as well as legislation and other signals of policy shifts for convergent operators will be given; as well as predictions regarding the state tax implications of decisions and policy proposals at the federal level.
Jonathan Marashlian, Esq., Managing Partner, Helein & Marashlian, LLC
Robert Dumas, CPA, Founder, TaxConnex
Don Schiavone, Chief Operating Officer, Grasshopper Group
10:30 - 11:15 am
Breakout/Round-TablE SessioN A
Is This Service Exempt? Evolving Issues with Transaction Tax Exemptions
There are a number of complicated transaction tax exemption scenarios facing carriers today. This session will analyze new product exemptions; look at the on-going saga of bundles and allocations; and discuss how to code products for exemptions. The speakers will also consider the “gray areas” -- looking at what carriers should do when a customer believes a service is exempt and the carrier does not, and how to balance audit exposure vs. exposure to class action lawsuits.
Stephanie Bergeron, Tax Director, One Communications
Amanda Gebicki, Senior Manager, Grant McCarthy Group
John Brind’Amour, Product Manager, Info Directions
10:30 - 11:15 am
Breakout/Round-TablE SessioN B
E-911 Compliance Strategies for the Prepaid Wireless Industry -- Update With a Twist
This roundtable discussion will update the audience as to the developments over the past year with the alternate forms of 911 compliance, such as ARPU, as well as provide recommendations as to which specific sourcing and compliance methods to use in specific states. Real life experiences will be drawn on to provide a basis for these recommendations. The audience will be encouraged to share their own experiences with 911 compliance and address their concerns in this fast-changing area.
David Rubenstein, Managing Editor, Telecommunications & Utilities Tax, CCH, a Wolters Kluwer business
Moshe Weingarten, Manager of Operations and Production, CorpSystem SalesTax CCH, a WoltersKluwer business
Mark Lammert, President, Compliance Solutions
11:15 - 11:30 AM - Session Break
11:30 - 12:15 Pm
Breakout/Round-TablE SessioN A
Cash Tax Savings - The Gov't Giveth, the Gov't Taketh
The hunt for cash continues to be an increasing focus of telecom tax departments, with companies devoting more and more resources to identify pockets of untapped savings. At the same time, many states are increasing their efforts to reduce or eliminate those opportunities through either enhanced audits or legislative remedies. This session explores the dichotomy between cash tax savings opportunities and the state’s effort to restrict benefits under those programs. Areas covered include enhanced reverse sales and use audits, broader interpretation of COE exemptions, credits & incentives, greening and sustainability and streamlining transaction tax functions.
Rob Calafell, Partner, National Credits & Incentives Practice Leader, Deloitte Tax LLP
Kristen Cove, Partner, Multistate Tax Cable and Media Industry, Deloitte Tax LLP
Chris Miller, Vice President of Tax, MetroPCSCommunications
11:30 - 12:15 Pm
Breakout/Round-TablE SessioN B
Telecom M&A – Tax Considerations
Mergers and acquisitions are gaining momentum in the telecom industry. But most often when companies look at cost/benefit analysis, they leave tax considerations out of the equation. The session will focus on the entire M&A process that tax departments can use to effectively become part of that process. Discussion will look at tax due diligence; acquisition strategy relative to the impact that acquiring assets or stock will have on the current tax footprint of the company; target screening to ensure no hidden tax or unclaimed property liabilities are lying in wait; integration of both the business and the people, including impact on employment taxes, resource retention; and the ever important document retention policies that must be implemented sooner rather than later.
Kevin Merkell, Partner, PricewaterhouseCoopers
Larry Fee - Indirect Tax Partner, PricewaterhouseCoopers
James Prettyman - M&A Tax Partner, PricewaterhouseCoopers
Thomas Prahl - SALT Indirect Tax and M&A Manager, PricewaterhouseCoopers
Breakout/Round-TablE SessioN C
Sales and Use Tax Exemptions for Purchases of Communications and Broadband Equipment
There are a number of communications and broadband equipment exemptions available in many states as well as a variety in the types of equipment that qualify for the exemptions. The speakers will discuss how broad the exemptions are in various states and the current Department of Revenue’s interpretation of these exemptions. The speakers will also discuss what the industry is seeing related to refund claims and audits with regard to these exemptions.
Peter Stirling, Managing Director, State and Local Tax, KPMG
Jason Shain, Manager, State and Local tax, KPMG
12:15 PM - Program Concludes
Pre-Conference Tutorial
Understanding Communications Taxation
May 24, 2011 -- 9:00AM - 4:30PM
Led by Jim Nason, Tax Managing Partner, Telecommunications, Deloitte Tax LLP
With the Deloitte Tax Telecommunications Team
This intense introductory seminar has been refreshed and updated to cover not only the basics of our current tax system for communications service providers, but a deeper dive into key tax considerations associated with “cutting edge” services and applications. This is a must for people new to the communications space or those that want a refresher of Communications Tax 101+. The first part of the program will continue to be focused on the core aspects of telecom taxation with the afternoon taking on the more challenging issues facing today’s telecom tax professional.
I. Overview of Communications Taxation
* Taxation of basic local, long distance, wireless, and cable services
* General taxes including gross receipts, sales, and telecommunications-specific taxes
II. Sourcing and Apportioning Transaction Taxes
* Understanding the Goldberg rule
* State's position and formulas on interstate services
III. Wireless Taxation Including Prepaid
* Sourcing of wireless services and the challenges
* Tax issues specific to wireless service providers as well as the applicability of various taxes and surcharges
IV. Exempt Customers, Sales for Resale and Taxation
* Understanding gross receipt taxes and telecommunications sale for resale exclusions and exempt customers
* Key differences among the states regarding resale taxation
V. Internet and Emerging Services Taxation
* Taxation of Internet access and new/emerging services
* Differences in taxation of telephone, data, TV and other related services
* Taxation of transport vs. content services vs. digital media
VI. Bundled Services Taxation
* What services are being bundled, how are they taxed and what are the challenges to existing tax models?
* What approaches are the states using to tax these bundles? Is there an answer to: what constitutes “books and records”?
VII. Current Trends and Developments in the Taxation of Telecommunications
*What are the big issues taking center stage in administrative decisions and the courts?
*What is on the mind of tax policymakers in state and local jurisdictions?
VIII. Telecommunications Services: An Operational Tutorial
*Become more conversant with how telecommunications services are delivered.
*What a telecommunications professional needs to know to “talk the talk”!
IX. Regulation, Fees, Surcharges and Other Charges (When is a Tax not a Tax?)
*Basic understanding of regulatory issues, concerns and changes facing the communications company
*Overview of regulatory mandates and related fees (911, USF, and more)
X. Transaction Tax System/Process Fundamentals
*Hear what you need to know in implementing/upgrading an automated transaction tax solution
*Common pitfalls and opportunities