Executive Committee Agenda 5/2016

PUBLIC NOTICE & AGENDA


Multistate Tax Commission Executive Committee Meeting 
444 North Capitol St., N.W.
Washington, D.C. 20001

Dial-in: 1-719-325-2630, Conf. Code: 794129

Thursday, May 12, 2016 
8:30 a.m. to 2:00 p.m. Eastern Time

I. Welcome and Introductions
II. Initial Public Comment Period
  In accordance with its Public Participation Policy, the Commission provides this opportunity for members of the public to address the Commission directly on this agenda. The Chair may also provide for public comment before or during the committees discussion of specific agenda items.
III. Liaison Discussion with Members of the State and Local Tax Committee, Tax Executives Institute
    - SALT Policy Statement Regarding Audit Procedures
  - SALT Policy Statement Reporting Federal Income Tax Changes
IV. Approval of Minutes of Executive Committee Meetings on December 11, 2015, and January 29, 2016
V. Report of the Chair
  A.  Resolutions Committee
  B.  Nominating Committee
VI. Report of the Treasurer
  A.  Financial Report for the Period July 1, 2015 – March 31, 2016
  B.  2016-2017 Budget Review & Approval
VII.
VIII. Committee Reports
  A.  Arm’s-Length Adjustment Service Committee
  B.  Audit Committee
  C.  Litigation Committee
  D.  Nexus Committee
  E.  Strategic Planning Steering Committee
  F.   Uniformity Committee
  G.  Other Committee Business (if any)
IX. Uniformity
  A.  Report on Bylaw 7 Results for Sales and Use Tax Nexus (Engaging in Business) Model Statute 
  B.  Hearing Officer Report on Proposed Draft Amendments to the Commission’s Model Allocation and Apportionment Regulations [129 pgs.] 
       - COST Comments
     - FIST Comments
  C.  Model Sales and Use Tax Notice and Reporting Statute – Status of Litigation Report
  D.  Other Uniformity Matters (if any)
X. Federal Issues with State Tax Implications
  A.  S.2555 (proposed Sec. 21), MOBILE NOW Act and companions S.1261/H.R.1087, Wireless Telecommunications Tax and Fee Collection Fairness Act of 2015
  B.  S.698, Marketplace Fairness Act of 2015/H.R.2775, Remote Transactions Parity Act of 2015
  C.  S.386/H.R.2315, Mobile Workforce State Income Tax Simplification Act of 2015
  D.  S.851/H.R.1643, Digital Goods and Services Tax Fairness Act of 2015
  E.   S.1164/H.R.1528, End Discriminatory State Taxes for Automobile Renters Act of 2015        
  F.  S.2117/H.R.3663, To prevent certain discriminatory taxation of natural gas pipeline property 
  G.  H.R.2584, Business Activity Tax Simplification Act of 2015
  H.  Federal Tax Reform
  I.  Other Federal Legislative Activity
XI. Upcoming Meetings & Events
  49th Annual Conference & Meetings, July 25 – 38, 2016, Kansas City, Missouri

----------------------- CLOSED SESSION -----------------------------

XII. Consideration of Confidential Matters during Closed Session
  A. Nexus Committee & National Nexus Program
     1.  Approval of Minutes of Closed Session on December 11, 2015
     2.  Report on Confidential Matters
  Pursuant to the Commission's Public Participation Policy, Section 15, Subsection (c), this item is scheduled for a closed session because it involves confidential taxpayer information, the disclosure of which is prohibited by law.  Pursuant to the Commission's Public Participation Policy, Section 16, consideration of minutes is scheduled for a confidential session because that policy requires that the minute book of a closed session be kept confidential.
  B. Audit Committee & Joint Audit Program
     1.  Approval of Minutes of Closed Session on December 11, 2015
     2.  Report on Confidential Matters
  Pursuant to the Commission's Public Participation Policy, Section 15, Subsection (c), this item is scheduled for a closed session because it involves confidential taxpayer information, the disclosure of which is prohibited by law.  Pursuant to the Commission's Public Participation Policy, Section 16, consideration of minutes is scheduled for a confidential session because that policy requires that the minute book of a closed session be kept confidential.
  C. Items Related to Pending Litigation & Commission Personnel Matters
     1.  Approval of Minutes of Closed Session on December 11, 2015
     2.  Litigation regarding Compact Article III Election
     3.  Other Confidential Matters
  Pursuant to the Commission's Public Participation Policy, section 15, subsection (f), an item relating to pending litigation may be scheduled for a closed session if it involves a current adjudicatory proceeding to which the Commission or a member State is a party; if it involves significant exposure to litigation against the Commission or a member State, if this body needs to decide if a significant exposure to litigation exists; or if the Commission or a member State is initiating or making a decision to initiate litigation.  Pursuant to section 15, subsection (a) and (e), an item may be scheduled for a confidential session because it involves confidential personnel information or the discharging of responsibilities related to salaries, salary schedules, or compensation paid in the form of fringe benefits.

----------------------------- PUBLIC SESSION RECONVENED ------------------------------ 

XIII. Resumption of Public Session and Reports from Closed Session (if any)
XIV. Adjournment