Executive Committee Agenda December 2009
PUBLIC NOTICE AND AGENDA
Multistate Tax Commission Executive Committee Meeting
Perdido Beach Resort
27200 Perdido Beach Blvd.
Orange Beach, Alabama 36561
Dial-in: 1-866-381-9862, Conf. Code: 8917135
Thursday, December 3, 2009
8:30 a.m. to 5:00 p.m. Central Time
| I. | Welcome and Introductions | |
| II. | 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. | Approval of Minutes of the July 30, 2009, Executive Committee Meeting | |
| IV. | Report of the Chair | |
| V. | Report of the Treasurer | |
| A. Financial Report for the Period July 1, 2009 – October 31, 2009 | ||
| B. Approval of audited financial statements as reported in the independent auditor report for fiscal year July 1, 2008 – June 30, 2009 | ||
| VI. | Report of the Executive Director | |
| VII. | Committee & Program Reports | |
| A. Reports | ||
| 1. Audit Committee | ||
| 2. Litigation Committee | ||
| 3. Nexus Committee | ||
| 4. Technology Committee | ||
| 5. Uniformity Committee | ||
| 6. Training Program | ||
| B. Other Committee & Program Business (if any) | ||
| VIII. | Other Reports | |
| Joint Audit Program Audit Procedures Manuals Revision Project | ||
| IX. | Uniformity | |
| A. Uniformity Proposals before the Executive Committee | ||
| 1. Uniformity Recommendations for Review | ||
| a. Uniform Principles Governing State Transactional Taxation of Telecommunications – Vendor and Vendee Versions: Recommendation for Public Hearing on Proposed Repeal (14 pgs.) |
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| b. Model Regulation IV.18 (Distortion Relief): Recommendation for Public Hearing on Proposed Amendments (4 pgs.) |
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| 2. Hearing Officer Recommendations for Consideration | ||
| Model Statute on the Tax Collection Responsibilities of Accommodations Intermediaries (Hearing Officer Report – 19 pgs.) MTC Travel Intermediary Hearing Comments Hellerstein (15 pgs.) Leavy Cover Letter Testimony of Richard Leavy (8 pgs.) Orbitz Terms and Conditions (6 pgs.) Travelocity Memo – Perkel Testimony (6 pgs.) Ad Hoc Coalition for Fair Hotel Tax Collections (4 pgs.) |
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| B. Other Uniformity Matters (none anticipated) | ||
| X. | Establishment of Resolutions Committee | |
| XI. | Federal Issues with State Tax Implications | |
| A. Mobile Workforce State Income Tax Fairness and Simplification Act | ||
| B. Business Activity Tax Simplification Act | ||
| C. Main Street Fairness Act (sales tax simplification) | ||
| D. Cell Tax Fairness Act | ||
| E. Hotel Intermediaries | ||
| F. Other Federal Legislative Activity | ||
| XII. | Review of Upcoming Meetings & Events Schedule | |
| ———————– CLOSED SESSION —————————– | ||
| I. | Nexus Committee & National Nexus Program | |
| A. Approval of Minutes of Closed Session on July 30, 2009 | ||
| B. Report on Confidential Matters | ||
| Pursuant to the Commissions 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 Commissions 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 | |
| A. Approval of Minutes of Closed Session on July 30, 2009 | ||
| B. Report on Confidential Matters | ||
| Pursuant to the Commissions 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 Commissions 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) | |
| A. Approval of Minutes of Closed Session on July 30, 2009 | ||
| B. Other Confidential Matters | ||
| Pursuant to the Commissions 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 | |