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Upcoming Events

Sales and Use Tax Uniformity Subcommittee
May 15
, 2012 via Teleconference at Noon (EST)
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Pass-Through Entities: Income Tax Implications for the States
May 16, 2012 via MTC Online Seminar at 2:00pm (EST)
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 45th Annual Conference & Committee Meetings
July 29 - August 2, 2012 in Grand Rapids, Michigan
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Looking for information on past meeting?

Financial Institutions Work Group 
May 14, 2012 via Teleconference

Strategic Planning Steering Committee Meeting
May 9, 2012 in Washington, DC
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 Executive Committee Meeting
May 10, 2012 in Washington, DC
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Notice of Public Hearings on Uniformity Proposals
April 10, 2012 via Teleconference
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Model Compact Art.IV Drafting Team Meetings
April 11
, 2012 via Teleconference
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Non-Income Taxpayer Drafting Group
April 11
, 2012 via Teleconference
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2012 Winter Committee Meetings
March 6-9, 2012
 Nashville, Tennessee

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 Quick Links

MTC 45th Annual Conference

State Fiscal Conditions

On April 25, Scott Pattison, Executive Director of the National Association of State Budget Officers (NASBO), spoke to the Tax Economists Forum, a Washington, DC based group of public finance economists, about the current condition of state finances and the outlook for the future. To briefly summarize Mr. Pattison’s presentation: the current fiscal condition of state governments has improved somewhat when compared to fiscal years 2008, but states, as a whole, face significant challenges in both the near-term and the long-term. Some of the challenges facing state governments include: an aging population requiring expensive health care and other social services; some states will be forced to accommodate large numbers of immigrants; and declines in federal spending, both in terms of decreased grants-in-aid and indirect cuts such as reductions in defense spending. MEDICAID spending is projected to increase by $19.4 billion between fiscal year 2011 and 2012, much of it driven by the American Recovery and Reinvestment Act. Read more ...


MTC Files Brief in Gillette

The Multistate Tax Commission has filed an amicus curiae brief in support of the California Franchise Tax Board in The Gillette Company & Subsidiaries v. California Franchise Tax Board, currently pending in the California Court of Appeal, First Appellate District. In Gillette, the taxpayers claim the right to elect to apportion their income on the basis of the equally-weighted three factor formula contained in Article IV of the Multistate Tax Compact, notwithstanding California’s mandatory four-factor apportionment formula with a double weighted sales factor. The Commission’s brief asserts that the Compact allows individual member states great flexibility in working together to achieve the purposes of the Compact and that the member states retain sovereign authority to administer all aspects of their tax systems including the choice of apportionment formulae. Furthermore, under principles of interstate compact law it is for the parties to the compact to determine the compact’s meaning and that the compact states, by their course of performance, have indicated that California’s statute is fully consistent with the flexibility inherent in the Compact and the promotion of the Compact’s purposes.

Spangler Offers Perspectives On Four Decades With Idaho, MTC

In his SALT Shakers column on October 10, 2011, State Tax Notes editor Doug Sheppard interviews Ted Spangler, recipient of the Commission's 2011 Paull Mines Award and storied state tax attorney from Idaho. Ted is one of the longest serving officials in the Commission's history, most of the time as the chair of the Commission's Uniformity Committee. His reflections on the Commission and state and local tax practice in general is well worth a read.

Tax Analysts has graciously provided us permission to post this interview on our site; you can access the article by clicking here

MTC Review Spring 2011

The latest issue of the MTC Review has been released.  In addition to the text of a letter sent by Executive Director Joe Huddleston to the U.S. Treasury Secretary on “Corporate Tax Reform in a Time of Fiscal Crisis,” the issue contains three articles.  The first article is “Back to the BAT Cave” by Elliot Dubin, our director of policy research. The second article is “State and Local Finances: Where We’re Going” by Tracy Gordon, an assistant professor at the University of Maryland, College Park, and Okun-Model Fellow in Economic Studies at the Brookings Institution.  Finally, the third article is “State and Local Finances: Part Two,” also by Elliott Dubin.  Click here to access these articles, as well as previous issues of the Review.

The Commission welcomes your comments on these articles, suggestions for topics, and submissions for future issues of the Review.


Back to the BAT Cave

It seems like every year for the past ten years a new version of the Business Activity Tax Simplification Act is introduced in Congress.  This year is no exception. On April 13, 2011, the Subcommittee on Courts, Commercial & Administrative Law of the House Judiciary Committee held its first hearing on H.R. 1439, The Business Activity Tax Simplification Act of 2011.  The purpose of this proposed legislation is to make clear that state tax jurisdiction over out-of-state businesses is limited to those entities that maintain certain forms of physical presence within the state's boundaries. While minimizing uncertainty and creating a stable business environment are laudable, there is no evidence that extending Public Law 86-272 — a 52 year old law that was designed as a stop-gap measure — to the interstate sale of services and intangible products will actually achieve those goals. Furthermore, there is no evidence that if H.R. 1439 were to become law, business investment would actually increase given the relatively small impact of business activity taxes on the private business sector.  This article,appears in the latest edition of the Multistate Tax Commission Review, provides information on the size of state and local government business activity taxes relative to state budgets and to the overall size of the business sector.

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