Executive Committee Agenda 5/2014

PUBLIC NOTICE AND AGENDA


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

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

Thursday, May 8, 2014 
8:30 a.m. to 5:00 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.
IV. Report of the Chair
  A. Resolutions Committee
  B. Nominating Committee
V. Report of the Treasurer
  A. Financial Report for the Period July 1, 2013 – March 31, 2014
  B. 2014-2015 Budget Review & Approval
VI.
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.
IX. Strategic Planning Report
X. 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”
  - Uniformity Committee Report to Executive Committee re Hearing Officer Report   
- Exhibit 1 Proposed Model Compact Article IV Amendments (as approved for public hearing 12-6-2012)
- Exhibit 2 Memo from Shirley Sicilian to Cory Fong Art IV (5-03-2012)
- Exhibit 3 Comparison of Uniformity Committee Recommendations to Hearing Officer Recommendations 
- COST Letter RE Section 18 Recommendations 
- Sutherland Comments
  B. Referral to Public Hearing of Proposed Amendments to Model Uniform Financial Institutions Apportionment Rule
      - Exhibit 1 Draft FI Issue List (2-20-2008)
    - Exhibit 2 DRAFT FI Apportionment Amendments (12-5-2013)
 
  D. Other Uniformity Matters (if any)
XI. Federal Issues with State Tax Implications
  A.  S. 31/H.R. 434/H.R. 3086, Permanent Internet Tax Freedom Act of 2013; and S. 1431, Internet Tax Freedom Forever Act 
  B.  S. 743/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/H.R. 3724, Digital Goods and Services Tax Fairness Act of 2013
  E.  H.R. 2992, Business Activity Tax Simplification Act of 2013 
  F.  H.R. 2309/S. 1235, Wireless Tax Fairness Act of 2013
  G.  Federal Tax Reform
  H.  Other Federal Legislative Activity
XII. Upcoming Meetings & Events
 
47th Annual Conference & Meetings, July 28 – 31, 2014, Albuquerque, New Mexico

----------------------- XIII. CLOSED SESSION -----------------------------
  A. Nexus Committee & National Nexus Program
     1.  Approval of Minutes of Closed Session on December 12, 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.
  B. Audit Committee & Joint Audit Program
     1.  Approval of Minutes of Closed Session on December 12, 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.
  C. Items Related to Pending Litigation & Commission Personnel Matters (if any)
     1.  Approval of Minutes of Closed Session on December 12, 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.

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XIV. Public Session Reconvened
  Reports from Closed Session (if any)
XV. Adjournment