Executive Committee Agenda 5/2013

PUBLIC NOTICE AND AGENDA

Multistate Tax Commission Executive Committee Meeting 
Hotel Monteleone
214 Royal Street
New Orleans, Louisiana 70130

Dial-in: 1-800-442-5794, Conf. Code: 626121 

Thursday, December 12, 2013 
8:30 a.m. to 5:00 p.m. Central 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.
IV. Report of the Chair
  Election of Executive Committee Member for Unexpired Term Due to Vacancy
V. Report of the Treasurer
  A. Financial Report for the 4-month period July 1, 2013 – October 31, 2013
  B. Approval of audited financial statements as reported in the independent auditor report for fiscal year July 1, 2012 – June 30, 2013
VI.
  A. Discussion on Possible Multistate Transfer Pricing Program
  B. Suggested Public Participation Policy Amendments
VII. Committee & Program Reports
  A. Audit Committee
  B. Litigation Committee
  C. Nexus Committee
  D. Uniformity Committee
  E. Training Program
  F. Other Committee & Program Business (if any)
VIII. Strategic Planning Report
  Strategic Planning Steering Committee Charter
IX. Uniformity
  A. Hearing Officer Report on Recommended Amendments to Compact Article IV [UDITPA]
      1.  Section 9, Factor weighting
    2.  Section 18, Distortion relief
    3.  Section 1(a), Definition of “business income”
    4.  Section 17, Sales factor sourcing for services and intangibles
    5.  Section 1(g), Definition of “sales”
  B. Model Sales and Use Tax Notice and Reporting Statute
  C. Other Uniformity Matters (if any)
X. Federal Issues with State Tax Implications
  A.  A. S. 31/H.R. 434, Permanent Internet Tax Freedom Act of 2013
  B.  S. 336/H.R. 684, Marketplace Fairness Act of 2013
  C.  H.R. 1129/S. 1645, Mobile Workforce State Income Tax Simplification Act of 2013
  D.  S. 1364, Digital Goods and Services Tax Fairness Act of 2013
  E.  H.R.2992, Business Activity Tax Simplification Act of 2013
  F.  Federal Tax Reform
  G.  Other Federal Legislative Activity
XI. Upcoming Meetings & Events
XII. CLOSED SESSION --------------------------------------------------------------------------------------------
  I. Nexus Committee & National Nexus Program
     1.  Approval of Minutes of Closed Session on July 25, 2013
     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.
  II. Audit Committee & Joint Audit Program
     1.  Approval of Minutes of Closed Session on July 25, 2013
     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.
  III. Items Related to Pending Litigation & Commission Personnel Matters (if any)
     1.  Approval of Minutes of Closed Session on July 25, 2013
     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.
XIII. PUBLIC SESSION RECONVENED --------------------------------------------------------------------------------------
  Reports from Closed Session (if any)
XIV. Adjournment