Taxation Section

News from the Section

The State Bar of California 86th Annual Meeting

My State Bar Annual MeetingThe State Bar of California 88th Annual Meeting
October 8-11, 2015
Anaheim, California

The State Bar is pleased to announce the return of the Annual Meeting to Anaheim in October 2015. The 2015 Annual Meeting will showcase a robust education agenda. Whether you are a solo practitioner, small firm attorney, public lawyer, law firm associate or partner, you will find value in the innovative courses at this year's meeting.

Setting off the learning opportunities are numerous social opportunities hosted by the State Bar and its various Sections, local bar associations and law school alumni groups, and an Exhibition Hall showcasing legal technology, publications, products and services.

The Taxation Section will be presenting the following programs at the Annual Meeting:

Program 23

Overview of Tax Issues that Arise in Bankruptcy   

Program 55

Partnership Tax Nuts & Bolts: Common Pitfalls to Avoid When Forming Partnerships and LLCs

Program 79

Effective Representation with IRS Tax Collection

Program 126

Divorce and Taxes (Death is Less Bothersome)

For more information, see State Bar Annual Meeting.

2015 Annual Meeting of the California Tax Bar and California Tax Policy Conference

Wave breaking, La JollaHilton La Jolla Torrey Pines
November 4-6, 2015

The Premier California Tax Education Event

KEY DEADLINES
Hotel Reservation Deadline is October 2
Early-bird Pre-Registration is October 14

Qualifies for up to 14 Hours MCLE, Legal Specialization & CPE Credit

You can now REGISTER ONLINE. Online registration will close at the pre-registration deadline.

Attending The Annual Meeting of The California Tax Bar and California Tax Policy Conference is a valuable investment in your career. It is a key venue for networking, client development, social and leisure events, and quality education.

See Tax Annual Meeting for the full program schedule.

Webinars

International Taxation - Part I: Individuals

Wednesday, October 28, 2015, 11 a.m. - 12 noon (Pacific)

This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Taxation Law. You must register in advance in order to participate.

This webinar will discuss International Taxation of Individuals:

  • Individual forms of Profit Shifting
  • Methods
    • Expatriation- Exit tax
    • Entity held
  • Controlled foreign corporations and controlled foreign partnerships
  • Grantor and Irrevocable trusts
  • Private placement life insurance held through a foreign trust.
  • Compliance
    • Bank Secrecy Act (FBAR) required
    • Internal Revenue Code
    • Forms 8938, 3520,3520-A, 5471, etc.
    • Foreign earned income
    • Residency in a U.S. Possession
    • Effect of FATCA
  • FATCA Compliance- Forms W-8
  • Disclosure of beneficial owners to IRS
  • FATCA data turnover
  • Penalties
    • Bank Secrecy Act (FBAR) penalties, including FATCA
    • Penalties
    • IRC penalties, Negligence and Fraud
    • Criminal penalties
    • Professional responsibility- Circular 230

Speaker: William Norman

Moderator: Sanford Millar

Section 501(c)(7) Social Clubs and Wholly Owned Subsidiaries

Thursday, October 29, 2015, 12 noon - 1:30 p.m. (Pacific)

This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Taxation Law. You must register in advance in order to participate.

This webinar will explore the tax implications of operating a wholly owned subsidiary for organization's exempt from tax under Section 501(c)(7), including issues related to managing non-member income and unrelated business income tax. We will review prior and current IRS guidance on the issue, and where we think the IRS currently stands on social clubs operating wholly owned subsidiaries.

Speakers:

  • Jorge Lopez
  • Ingrid Mittermaier, Adler & Colvin

Taking the Big Plunge: Renouncing U.S. Citizenship. Who Wants It - Who Should Not; the Tax and Immigration Consequences of the Plunge

Tuesday, November 10, 2015, 12 noon - 1:30 p.m. (Pacific)

This program offers 1.5 hours participatory MCLE credit; 1.5 hours legal specialization credit in Taxation Law and 0.5 hours in Ethics. You must register in advance in order to participate.

Most experts believe record renunciations are due to the complexity and broad scope of U.S. citizenship based tax law, the worldwide consequences of FATCA and the potentially devastating tax and information penalties for neglecting to report worldwide assets and income. The course is an advanced course on legal risks and the consequences of renunciation on lawful permanent residents who abandon that status. A discussion of the pending proposed regulations under Section 2801 will be covered along with input as to why the IRS Criminal Investigation Division is closely reviewing IRS Form 8854 filings.

Key ethical considerations will be explored regarding U.S. citizens residing overseas who have not filed U.S. tax and information returns as required by Titles 26 and 31.

Speakers:

  • Jan Joseph Bejar, has been practicing immigration law since 1983. He is certified by the State Bar of California Board of Legal Specialization as an immigration and nationality law specialist. He has mentored many of the leading immigration attorneys and experts in California while teaching at the University of San Diego, where he directed the Immigration Law Clinic from 1994-2013.
  • Patrick W. Martin is a U.S. tax lawyer licensed in California, Texas and Washington, D.C. and specializes in international tax and related international law-matters. Mr. Martin is the partner in charge of the Tax Team with the San Diego based law firm of Procopio, Cory, Hargreaves & Savitch LLP where he practices exclusively in international tax.

    He was identified by his peers in the Best Lawyers in America® - 2015 (Tax Law)

    He is a Past Chair of the International Tax Committee of the State Bar of California Taxation Section and currently serves on the Executive Committee of the Taxation Section of the State Bar. He was awarded the V. Judson Klein Award by the Taxation Committee of the State Bar of California in 2010. He received his law degree, J.D. from the University of San Diego School of Law, where he received the distinguished alumni award in 2013. He passed the Certified Public Accountant's exam in the 1980s, previously worked for the Internal Revenue Service, and studied postgraduate law studies in international business transactions at the Escuela Libre de Derecho, in Mexico City in the 1990s.

    He has advised clients for nearly two decades regarding the U.S. international tax and related tax consequences of renouncing U.S. citizenship or lawful permanent residency.

Moderator: Eric D. Swenson. Eric's practice encompasses both tax controversy and business transactions. Eric has represented a range of taxpayers in in federal, state and local tax disputes including audits, appeals and litigation before the Internal Revenue Service, CA Franchise Tax Board, CA Employment Development Department, CA Board of Equalization, San Diego County Assessor and other state taxing authorities. Eric's expertise includes California residency audits and recent federal international tax enforcement initiatives, including offshore tax compliance.

Eric is admitted to practice in the United States Tax Court, United States Court of Federal Claims and the United States District Court, Southern District of California.

International Taxation - Part II: Corporate

Wednesday, November 18, 2015, 12 noon - 1 p.m. (Pacific)

This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Taxation Law. You must register in advance in order to participate.

This webinar will discuss International Taxation of Businesses:

  • Theories for taxing multinational enterprises:
    • Capital export neutrality
    • Capital import neutrality
    • What the US and other countries do
    • Concern over stateless income resulting in "double nontaxation".
  • Corporate forms of base erosion and profit shifting (BEPS)
    • Objective- minimize taxation of offshore earnings and lower effective tax rate Rationale- U.S. taxes worldwide income. Shift in domicile isolates U.S. taxation to U.S. income.
  • Methods
    • Inversions- corporations re-domicile to low tax jurisdiction
      • Big Pharma mergers
      • Burger King merger
    • Transfer of intellectual property to offshore low tax jurisdiction
      • Technology companies
      • Pharmaceuticals
    • Supply chain management
    • Transfer pricing
    • Manufacturing and supply chain based shift in costs
  • Response of Executive Branch and Congress
    • Executive Branch- Treasury suggests Regulation option
    • Congress- Legislative proposals
    • Proposed changes to US Income Tax Model Treaty

Speaker: William Norman

Moderator: Sanford Millar

Property Tax Change in Ownership 101

Tuesday, December 8, 2015, 1 p.m. - 2:30 p.m. (Pacific)

This program offers 1.5 hour participatory MCLE credit and 1.5 hour legal specialization credit in Taxation Law. You must register in advance in order to participate.

This program is invaluable for all California real estate, corporate, and tax attorneys who advise clients who are regularly engaged in buying, selling, or leasing property. The webinar will provide participants with a toolkit to help analyze and handle various factual scenarios. The speaker will focus on the basic change in ownership rules, defining when a change in ownership occurs, and when a change in ownership can legally and safely be avoided.

Speaker: Bradley Marsh

Articles Sought

California Journal of Tax Litigation

Tax Procedure and Litigation Committee

Articles are being solicited for upcoming editions of California Journal of Tax Litigation, published by the Tax Procedure and Litigation Committee.  The journal provides relevant information and publishing opportunities to the members of our wonderful tax community.

January 15, 2015 - Q1 2015 California Journal of Tax Litigation Submission Due Date. Send your submissions to:

Kevan P. McLaughlin 
McLaughlin Legal 
5151 Shoreham Place, Suite 265 
San Diego, California 92122 
kevan@mclaughlinlegal.com 
858-678-0061

California Tax Lawyer

California Tax Lawyer, the Taxation Section's official publication, is sent free to members of the Section. The journal is designed to keep tax lawyers and other tax professionals apprised of the latest developments in the field, as well as up-to-date on the activities of the Section. To receive a subscription, you need only Join the Section.

Anyone can submit an article to the Editors for consideration for publication in California Tax Lawyer. Submissions are typically due February 15, May 15, August 15, and November 15. For more information, please read these guidelines on the Taxation Section website.

We have posted some articles from recent issues, including:

Meet Your Executive Committee

The Taxation Section is managed by its Executive Committee, which meets quarterly and is comprised of tax lawyers working in private law firms, accounting firms, government, and corporations throughout California. Contact information for the Executive Committee members can be found HERE. For information on becoming a Member of the Executive Committee in the future, click HERE. We encourage you to become involved.

Online CLE for Participatory Credit -- Available Anytime!

Past programs are available over the internet for participatory MCLE credit. For more information, see online CLE and select Taxation Section. Be sure to check out CLEtoGo if you're interested in downloadable podcasts.

Get Involved

The Taxation Section relies on the energy, effort, and dedication of the members of the California tax practitioner community.  We encourage all members of the Taxation Section to get involved in the section - your section.  Here are some things you can do right now:

  • Join a Standing Committee
  • Attend a meeting held by one of the many Standing Committees
  • Propose a topic for the Washington, D.C. Delegation
  • Propose a topic for the Sacramento Delegation
  • Propose a program for the State Bar Annual Meeting
  • Propose a program for the Annual Meeting of the California Tax Bar and California Tax Policy Conference
  • Write an article for California Tax Lawyer

Save Money with CEB

CEB LogoContinuing Education of the Bar, California (CEB) is extending a special offer to our section. As a member of the Taxation Section, you're eligible for a rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket. Information about the section dues rebate program can be found on the CEB Web site.

Continuing Education of the Bar, California (CEB) is extending a special offer to our section. As a member of the Taxation Section, you're eligible for a rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket. Information about the section dues rebate program can be found on the CEB Web site.

Contact Us

Taxation Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1369
taxation@calbar.ca.gov
415-538-2580
FAX 415-538-2368
The Taxation Section is a State Bar of California-approved MCLE provider.

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