What is Fair Apportionment and How Do I Get It?
Overview:In a two hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues on how a company should choose its fair apportionment method tactically and practically including:
- Reasons for Seeking Alternative Apportionment
- Constitutional and Legal Standards
- Who Bears the Burden of Proof?
- What is the Burden of Proof?
- How and When to Seek Alternative Apportionment?
- Types of and Best Practices related to Alternative Apportionment
What is Fair Apportionment and How Do I Get It? LIVE Webcast is a must attend for tax attorneys and other professionals interested in and/or responsible in choosing Fair Apportionment Method. The program will cover the topics above along with a Q&A panel in which the attendees will be invited to ask the speakers questions.
Scott M. Edwards, Shareholder
Lane Powell PC
- Constitutional underpinnings – each state is only entitled to its “fair share” of the interstate value it seeks to tax.
- Geographic limits on state taxing power – state cannot tax activity occurring outside its borders
- Protection against multiple taxation
- Modern Tests of Fair Apportionment
- Internal Consistency – whether interstate commerce would be taxed more heavily than intrastate commerce if every state adopted the same tax scheme (objective test)
- External Consistency – whether the state is attempting to tax more than value fairly attributable to economic activity within its borders
- Recent Trends Toward Single Factor Receipts Apportionment
- States have broad discretion in establishing apportionment formulas
- Post-Moorman trend toward multi-weighted and single sales factor
Erica Horn, Counsel to the Firm
Stoll Keenon Ogden PLLC
- Seeking Alternative Apportionment
- Three-factor, double-weighted, single factor, do companies have a choice?
- The UDITPA “alternative” apportionment provision.
Scott M. Edwards
- MTC right to elect 3 factor UDITPA apportionment, state efforts to “repeal” the Multistate Tax Compact
2. What are the standards to be met when seeking alternative apportionment?
- Constitutional and Legal Standards
- The Burden of Proof
Scott M. Edwards
- Cost of Performance v. Receipt of the Benefit
- What are the procedures for seeking alternative apportionment?
- The “how” and “when” for seeking alternative apportionment.
Who Should Attend:
- Tax Attorneys
- Tax Consultants/managers
- Tax Advisers and Preparers
- International Tax Lawyers/Consultants
- Senior Management
- Finance Executives
- Internal Auditors of All Levels
- Fraud Monitoring
- Fraud Analysts
- Corporate Security
- Other Related and Interested Professionals
Scott M. Edwards is co-chair of Lane Powell’s State and Local Tax Practice and experienced in appeals and litigation, tax refund claims, audit defense, multi-state tax issues and tax planning. He is a frequent speaker on state and local tax issues and has given presentations for various organizations including the Committee on State Taxation (“COST”), the Institute for Professionals in Taxation (“IPT”) and the Tax Executives Institute (“TEI”). He currently serves as Assistant Editor for the Journal of Multistate Taxation and Incentives and co-teaches a class on state and local tax for the University of Washington’s Tax LLM program. Scott also serves on the Legal Affairs Council and Tax and Fiscal Policy Committee for the Association of Washington Business, and is on the Executive Committee of the Washington Research Council, as well as co-chair of the Results Committee for the American Red Cross, Western Washington Region.
Scott M. Edwards is co-chair of Lane Powell’s State and Local Tax Practice and experienced in appeals and litigation, tax …
Erica Horn is a member of SKO’s State & Federal Tax Practice, representing Kentucky-based, multi-state and multi-national companies in matters involving income, sales and use, property and other taxes before the Kentucky Department of Revenue, the Kentucky Board of Tax Appeals and Kentucky and federal trial and appellate courts. Erica is listed in The Best Lawyers in America® and Kentucky Super Lawyers®, and is a frequent speaker on state and local tax topics at conferences across the country. She has been a CPA since 1985, is a graduate of Transylvania University and the University of Kentucky College of Law.
Erica Horn is a member of SKO’s State & Federal Tax Practice, representing Kentucky-based, multi-state and multi-national companies in matters …
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About Lane Powell PC
A multi-specialty law firm, Lane Powell has helped emerging and established businesses navigate the Pacific Northwest and beyond for more than 135 years. Respected clients — from individuals to small businesses to Fortune 500 companies — turn to us for trusted legal counsel. In fact, Fortune 500 companies including Home Depot, Nike, Tesoro, Eli Lilly, Wells Fargo, Aetna and Nordstrom have named Lane Powell as one of the prestigious “Go-To Law Firms of Top U.S. Companies®” by Corporate Counsel magazine. The Firm was also named “Washington Firm of the Year” for the second consecutive year by Benchmark Litigation in 2014. In addition, Lane Powell has been described as “an excellent, full-service firm with bright people and lots of depth” by Chambers USA: America’s Leading Lawyers for Business. With approximately 200 attorneys in offices located throughout Washington, Oregon, Alaska and London, England, we’re thoroughly versed in the industries of the Pacific Northwest as well as the legal issues that face our clients on a regional, national and international level.
About Stoll Keenon Ogden PLLC
With more than 145 attorneys in six Midwestern cities, Stoll Keenon Ogden PLLC is a highly regarded law firm representing clients on local, state, national and international levels. Tracing its history back to 1897, the firm’s commitment to client service is demonstrated through enduring relationships built on honest, experienced, and trusted counsel. Stoll Keenon Ogden attorneys make it their mission to find tailored legal solutions that address the client’s most critical needs. Learn more at skofirm.com.