Day One: Tuesday, March 1, 2022

8:00 a.m.    
Registration and Continental Breakfast with Sponsors and Exhibitors

8:30 a.m.
Welcome and Legislative Update

John Hughes, Manager, Public Affairs, Kentucky Chamber of Commerce

8:45 a.m.
What’s Next for Kentucky Tax Reform?

Mark Sommer, Partner, Frost Brown Todd LLC
Charles Aull, Senior Policy Analyst, Public Affairs, Kentucky Chamber
Eric Scott, Managing Director – Tax Services, Ernst Young

The Kentucky General Assembly enacted a series of major reforms to the Commonwealth’s tax code in 2018 and 2019. What proposals and concepts are on the table for reforms in future legislative sessions? During this session, we’ll also discuss recommendation in the recently released Tax Foundation report commissioned by the Kentucky Chamber.

10:30 a.m.
Local Taxation in Kentucky

JD Chaney, Executive Director/CEO, Kentucky League of Cities, Inc.
Robin Teeters, Senior Manager CPA, VonLehman CPA & Advisory Firm
Tim Eifler, Member, Stoll Keenon Ogden PLLC

This panel will discuss the current landscape of local taxation in Kentucky, including proposals to reform local tax structures thereby allowing local governments to levy a local sales tax, as well as, local property tax rules, local licensing taxes, and other taxes levied at the city and county levels in Kentucky.

11:30 a.m.
Tax Considerations for Kentucky’s Burgeoning Solar Industry

Mark Sommer, Partner, Frost Brown Todd

What are the major state and local tax challenges for Kentucky’s burgeoning solar industry? How does Kentucky’s tax landscape compare to competitor states from the perspective of this industry? This session would focus on key state and local tax issues for solar energy companies in the Commonwealth.

12:00 p.m.
Lunch with Sponsors and Exhibitors

1:00 p.m.
Update from the Kentucky Department of Revenue

Thomas B. Miller, Commissioner, Department of Revenue
Jessica S. Johnston, Executive Director, Department of Revenue, Office of Income Taxation

Learn from those in the know. Representatives of the Kentucky Department of Revenue will talk about how the department is organized, how it functions, and how COVID has impacted DOR operations. They will also provide an overview of the audit process from selection to appeal of an assessment.

1:45 p.m.
New Trends and Challenges in State Sales Taxes

Richard Dobson, Executive Director, Office of Sales & Excise Taxes, Kentucky Department of Revenue

This session will highlight recent DOR rulings and interpretations as well as new issues and challenges with taxing remote sales. The discussion will also address notable exemptions that are unique to Kentucky sales and use tax rules.

2:45 p.m.
The Rise of Remote Employment: State and Local Tax Implications

Erica Horn, CPA, JD, Tax Associate Director, Dean Dorton

It is not a secret that many employers and employees found themselves in remote working relationships because of COVID-19. As it became apparent that the pandemic would not be a short-term interruption in our work lives, some employees made dramatic changes in their work location. Some moved to the beach, some chose an extended stay at the cabin in the woods, and others may have moved to be closer to their families. As a result, working remotely is here to stay. Let’s discuss the consequences of remote work on state and local taxes.

3:30 p.m.
Unemployment Insurance Taxes and the Pandemic

Jared Walczak, VP of State Projects, Tax Foundation

This session explores how employers’ unemployment insurance tax rates are determined and how the pandemic has affected Kentucky’s Unemployment Insurance Trust Fund. This is oft-neglected area of business tax policy has become increasingly more important due to the pandemic, as the rush on UI claims depleted Kentucky’s UI Trust Fund and threatened to increase UI tax rates for Kentucky employers. States across the country are currently grappling with UI tax issues and vulnerable trust funds and are taking steps to prepare for future economic recessions.

4:30 p.m.
Day One Adjourns

Day Two: Wednesday, March 2, 2022


8:00 a.m.   
Registration and Continental Breakfast with Sponsors and Exhibitors

8:30 a.m.
Welcome and Overview

Mark Sommer, Partner, Frost Brown Todd LLC

8:35 a.m.
Federal Tax Policy: Taxing Billionaires, IRS Enforcement and Other Proposed Changes

Mark Loyd, Partner & Chair, Tax & Employee Benefits Department, Dentons Bingham Greenebaum LLP
Bailey Roese, Partner, Dentons Bingham Greenebaum LLP

This session focuses on various proposals to increase taxes on high-income earners, such as a “wealth” or “billionaires” tax, as well as changes to taxes on capital gains and dividends. The session will include not only analysis of the stated policy goals of these proposals but also assessment of the mechanics and practical implications. Other topics to be covered include: expanded IRS enforcement, phaseouts of TCJA provisions, efforts to lift the SALT cap, and proposed changes to business taxes, including an increased corporate tax rate.

10:00 a.m.
Regional Updates: Indiana, Tennessee, Ohio and West Virginia

Tom Niedzielski, Senior Manager, Crowe LLP 
Lucas Hankins, CPA, Senior Manager, Crowe LLP

2021 was an active year for changes to state tax policy with notable changes in many of Kentucky’s neighboring states related to income tax and state-federal conformity. This session will provide an overview of the most significant new tax laws and rules in states such as Indiana, Tennessee, Ohio, and West Virginia and provide a preview of potential changes that could happen in 2022 and years beyond.

11:00 a.m.    
The Ins and Outs of IRS Audits

Chaz Lavelle, Partner, Dentons Bingham Greenebaum LLP
This presentation discusses the various options during an IRS audit or litigation. It will discuss important steps during the tax year and filing of the return, the IRS letter announcing the audit, the kinds of IRS audit, who represents the taxpayer, where the audit occurs, how long it should take, responding to the IRS requests for documents and an interview, resolution of agreed issues, the role of the statute of limitations, and the options if the IRS and taxpayer cannot agree at the audit level. The presentation will also cover the role and process involved with appealing one’s audit to the IRS Appeals Office, as well as the various court options to litigate a case. The presentation will also address "the cost of being wrong": the additional tax, penalty and interest.

12:00 p.m.
Lunch with Sponsors and Exhibitors

1:00 p.m.
Questions about Taxing Cryptocurrencies

Daniel Mudd, Member, Frost Brown Todd LLC

Crypto and digital currencies are growing in popularity every day, but few understand how they work, much less how they factor into local, state, and federal tax laws. This session would address current issues and topics related to taxing crypto and digital currencies, including KY DOR guidance, rules in other states, and federal digital currency tax proposals, and what the future might hold for this new frontier of tax policy.

1:45 p.m.
Accessing and Using Kentucky Tax Incentive Programs

Jennifer Barber, Office Member-in-Charge, Frost Brown Todd LLC
Katie Smith, Deputy Secretary and Commissioner, Department for Financial Services, Kentucky Cabinet for Economic Development

Kentucky’s incentive programs frequently change and have been under increased scrutiny by lawmakers and the general public. This session will focus on understanding the various incentive programs available in Kentucky, how to access and use them, and what the future may hold for these programs in upcoming legislative sessions. There will be additional discussion on the possibility of efforts by legislators to modify Kentucky’s incentive programs.

2:45 p.m.
Tax Litigation and Rulings You May Have Missed

Robert C. Webb, Member, Frost Brown Todd LLC
Patrick Thomas, Senior Associate, Frost Brown Todd LLC

The results of tax litigation can have major consequences for both you and your clients. This session will highlight some of the most significant rulings from 2020 and 2021, discuss litigation that you may have missed, and explore cases currently unfolding and what to expect from tax litigation in 2022 and beyond. This session would highlight important litigation and recent cases at the state and federal level - for example, CIC Services, LLC vs. IRS.

3:30 p.m.
Optional Post-Conference Ethics Workshop:
Ethics and Professionalism for State Tax Professionals – For Your Eyes Only: Understanding Privileges/Protections in State Tax Practice

Chris Coffman, Member, Frost Brown Todd LLC

Practical insights into relevant privileges & protections in state tax practice and tax controversy setting. Attorney-client privilege & dual-purpose communications that contain both legal and general business advice. Work product doctrine & the “anticipation of litigation” standard and application to internal tax workpapers. Derivative privilege under a Kovel arrangement and limited federal tax practitioner-client and state accountant-client statutory privileges. Waiver of privilege and protections. Best practices for preserving and asserting privileges and protections. Potential attacks to claims of privilege and protection.

4:30 p.m.
2nd Annual State and Federal Tax Conference Adjourns