Executive Committee Agenda December 2012
PUBLIC NOTICE AND AGENDA
Multistate Tax Commission Executive Committee Meeting
The Westin Denver Downtown
1672 Lawrence Street
Denver, Colorado 80202
Dial-in: 1-800-442-5794, Conf. Code: 626121
Thursday, December 6, 2012
8:30 a.m. to 5:00 p.m. Mountain 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 Executive Committee Meeting on August 2, 2012 | |
| IV. | Report of the Chair | |
| V. | Report of the Treasurer | |
| A. Financial Report for the 4-month period July 1, 2012 – October 31, 2012 | ||
| B. Approval of audited financial statements as reported in the independent auditor report for fiscal year July 1, 2011 – June 30, 2012 | ||
| VI. | Report of the Executive Director | |
| 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. | Report regarding Complaint Filed July 26, 2012, pursuant to Commission Public Participation Policy §24 | |
| IX. | Strategic Planning Report | |
| X. | Uniformity | |
| A. Uniformity Proposals before the Committee | ||
| 1. Proposal Regarding Partnership or Pass‐through Entity Income Ultimately Realized by an Entity that is not Subject to Income Tax (8 pgs.) | ||
| – Drafting Group Memo from July 20, 2012 (33 pgs.) | ||
| – Tax Analysts – NCSL Task Force Questions MTC’s Insurance Tax Project | ||
| B. Uniformity Proposals pending before the Committee from prior meeting | ||
| 1. Model Sales and Use Tax Notice and Reporting Statute (7 pgs.) | ||
| 2. Recommended Amendments to Compact Art. IV [UDITPA] (46 pgs.) | ||
| a. Section 17, Sales factor sourcing for services and intangibles | ||
| b. Section 1(g), Definition of “sales” | ||
| c. Section 1(a), Definition of “business income” | ||
| d. Section 9, Factor weighting | ||
| e. Section 18, Distortion relief | ||
| C. Other Uniformity Matters (if any) | ||
| XI. | Federal Issues with State Tax Implications | |
| A. H.R. 1002/S. 543, the Wireless Tax Fairness Act | ||
| B. H.R. 1439, the Business Activity Tax Simplification Act | ||
| C. H.R. 1804, the State Video Tax Fairness Act | ||
| D. H.R. 1860/S. 971, the Digital Goods and Services Tax Fairness Act | ||
| E. H.R. 1864, the Mobile Workforce State Income Tax Simplification Act | ||
| F. H.R. 2469, the End Discriminatory State Taxes for Automobile Renters Act | ||
| G. H.R. 2701/S. 1452, the Main Street Fairness Act | ||
| H. H.R. 3179, the Marketplace Equity Act | ||
| I. S. 1811, the Telecommuter Tax Fairness Act | ||
| J. S. 1832, the Marketplace Fairness Act | ||
| K. S. 1934, A bill to amend the Internal Revenue Code of 1986 to repeal certain communications taxes, and for other purposes | ||
| L. H.RES. 95/S.RES. 309, Supporting the preservation of Internet entrepreneurs and small businesses | ||
| M. Other Federal Legislative Activity | ||
| XII. | Upcoming Meetings & Events | |
| ———————– CLOSED SESSION —————————– | ||
| I. Nexus Committee & National Nexus Program | ||
| A. Approval of Minutes of Closed Session on August 2, 2012 | ||
| B. 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 | ||
| A. Approval of Minutes of Closed Session on August 2, 2012 | ||
| B. 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) | ||
| A. Approval of Minutes of Closed Session on August 2, 2012 | ||
| B. 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. | Resumption of Public Session and Reports from Closed Session (if any) | |
| XIV. | Adjournment | |