2013

Higher Education Taxation Institute

The premier forum for public and private university tax, accounting, legal and business professionals

Austin Mar 24-26, 2013 AT&T Conference Center
Conference Concluded

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Overview

The University of Texas School of Law’s Higher Education Taxation Institute(HETI) provides a unique forum for college and university tax professionals from around the country to examine and discuss federal tax issues and compliance, legislative, judicial, regulatory and administrative changes affecting colleges and universities. Don't miss valuable expertise, timely insight into federal tax law developments, and numerous networking opportunities with sessions that include:

Updates from key IRS officials
Sunday Evening Keynote Presentation by the U.S. Department of Education—The Future of Higher Education
Major developments in college and university tax law
Issues in tax-exempt finance, alternative investments, charitable contributions and employment law
In-house counsel advice and strategies for managing IRS audits
Hot topics in college and university UBIT
Preparing and implementing a tax-exempt bond and compliance policy
Practical approaches to evaluating and structuring joint venture opportunities
Changing tax regulations regarding foreign payees
Risks and opportunities in global expansion of higher education

The University of Texas School of Law Continuing Legal Education (UT Law CLE) is one of the oldest and most distinguished providers of professional education in the country, offering over 50 advanced programs annually that provide CLE and CPE credit to national legal and accounting professionals.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Time

Credit

Subject

Speaker
Sunday Afternoon, Mar. 24, 2013
Presiding Officer:
Kyle R. ZumBerge, The University of Texas System Office of General Counsel - Austin, TX
2:00 pm

Registration Opens
2:50 pm

Welcoming Remarks
3:00 pm

1.25 hrs

Implementing Your Post-Issuance Tax Exempt Bond Compliance Policy

A review of ways that university administrators have implemented written policies and guidance regarding tax-exempt bond compliance. Specific topics include record retention, proceeds tracking, arbitrage rebate and private business use along with examples of written bond compliance polices. Take away best practices from this session.

Kelly Farmer, University of Minnesota - Minneapolis, MN
Cynthia Nethercut, Yale University - New Haven, CT
4:15 pm

1.00 hr

Joint Ventures: A Practical Approach to Tax Compliance

Colleges and universities often encounter opportunities to participate in projects with commercial entities in order to further their educational missions, generate revenue or improve research capabilities. A look at tax rules applicable to joint ventures and practical approaches to evaluating and structuring these opportunities.

Laura E. Butzel, Patterson Belknap Webb & Tyler LLP - New York, NY
Tomer Inbar, Patterson Belknap Webb & Tyler LLP - New York, NY
5:15 pm

Break
5:30 pm

1.00 hr ethics

Ethical Pressures in Corporate and Organizational Environments

This presentation discusses the problems of ensuring ethics compliance within law firms and other organizational settings with specific reference to the causes of unethical behavior and methods for reducing it. It also addresses advice lawyers can and should give to institutional clients in connection with a broad range of compliance issues.

William J. Chriss, Gravely & Pearson, L.L.P. - Austin, TX
6:30 pm

Welcome to Texas Reception

Meet and network with your fellow colleagues and enjoy Texas barbeque and live music.

Time

Credit

Subject

Speaker
Monday Morning, Mar. 25, 2013
Presiding Officer:
Edward J. Jennings, University of Michigan - Ann Arbor, MI
7:30 am

Conference Room Opens

Includes continental breakfast.
8:15 am

0.75 hr

Recent Developments in College and University Tax Law

A look at the most recent tax law developments affecting institutions of higher education, including Congressional hearings, IRS pronouncements and enforcement measures, and judicial decisions.

Edward J. Jennings, University of Michigan - Ann Arbor, MI
9:00 am

0.75 hr

IRS Audit Update

Ray G. Cano, Internal Revenue Service - Austin, TX
9:45 am

0.75 hr

Lessons from the Trenches: IRS Audit Experiences

As a follow-up to the recent wave of IRS examinations of higher education institutions, in-house tax counsel members discuss their audit experiences in dealing with the IRS and lessons learned. Advice is offered along with strategies on best practices in preparing for future examinations, ranging from managing net operating losses (NOLs) from unrelated business taxable income (UBTI) to reviewing and possibly revising contracts with respect to employment agreements, sponsorship arrangements, and other matters.

Moderator:
Edward J. Jennings, University of Michigan - Ann Arbor, MI
Panelists:
Joseph R. Irvine, The Ohio State University - Columbus, OH
Panelists:
Kyle R. ZumBerge, The University of Texas System Office of General Counsel - Austin, TX
10:30 am

Break
10:45 am

1.25 hrs

Hot Topics in College and University UBIT

The IRS has a particular interest in unrelated business income tax (UBIT), especially UBIT losses, as its recent college and university audit indicates. The session focuses on UBIT issues on the front burner for many colleges and universities, including the tax impact of licensing intellectual property (e.g. patents, know-how, lectures and other course material) to third parties and to university or faculty sponsored start-ups. Other topics include disallowance of loss deductions for activities deemed by the IRS as "not engaged in for profit," royalty arrangements versus income for services, qualified sponsorship payments, agency issues in sports marketing arrangements, rental income tied to the revenues of tenants, parking, recreational facilities such as golf courses, unrelated debt-financed income, and taxable rents, royalties and interest under IRC Section 512(b)(13).

Frances R. Hill, University of Miami School of Law - Coral Gables, FL
A. L. (Lorry) Spitzer, Ropes & Gray LLP - Boston, MA
12:00 pm

Pick Up Lunch

Included in conference registration.
Monday Afternoon, Mar. 25, 2013
Presiding Officer:
Edward J. Jennings, University of Michigan - Ann Arbor, MI
LUNCHEON PRESENTATION
12:20 pm

0.75 hr

Legislative and Policy Outlook for Colleges and Universities

A look from inside the beltway at how Congress is addressing major tax issues surrounding fallout from the fiscal cliff and debt ceiling negotiations, changing rates, taxation on investments, new rules on charitable contributions and the Affordable Care Act.

Richard A. Grafmeyer, Capitol Tax Partners - Washington, DC
1:05 pm

Break
1:15 pm

1.50 hrs

Current Issues in Making Alternative Investments

The role of alternative investments—real estate, hedge funds, equity funds—in the investment portfolio of colleges and universities is an increasingly important one. Alternative investments tend to raise far more tax issues than typical investments in marketable securities. This session provides an overview of alternative investments, their tax and reporting implications, and structuring opportunities. Both basic and more advanced issues are discussed.

Moderator:
Richard A. Speizman, KPMG LLP - Washington, DC
Panelists:
John R. Barrett, University of California System - Oakland, CA
Panelists:
Adam Gale, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - New York, NY
2:45 pm

Break
3:00 pm

1.25 hrs

Nonresident Alien Tax Issues

Institutions make more payments to foreign individuals and entities than they often realize. While understanding the changing tax regulations regarding payments made to foreign payees can be difficult, it is often the internal process of identifying potential payments and then applying the correct tax withholding and reporting that is the most challenging part of the equation. This session reviews the tax rules, and also takes a step further to discuss the procedural elements of being in compliance in an efficient manner.

Donna Kepley, Arctic International LLC - Washington, DC
4:15 pm

1.25 hrs

Tax-Exempt Finance

A review of private activity constraints with a focus on topics unique to higher education such as sponsored research, summer use of facilities, collaborative arrangements with other institutions, and arbitrage issues as to fundraising and informal debt service funds. A look at the development of written procedures for post-issuance tax compliance, including support for filing of Schedule K (Form 990), and the implications for tax-exempt finance of Congressional deficit reduction and tax reform efforts.

Moderator:
Maxwell D. Solet, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - Boston, MA
Panelists:
Nancy M. Lashnits, Steptoe & Johnson PLLC - Phoenix, AZ
Panelists:
George T. Magnatta, Saul Ewing LLP - Philadelphia, PA
5:30 pm

Adjourn
Monday Evening, Mar. 25, 2013
6:15 pm

0.00 hr ethics

Austin Land and Lake Tour by Austin Duck Adventures

Austin Duck Adventures' amphibious tour of downtown Austin and beautiful Lake Austin on an unsinkable, U.S. Coast Guard-insprected Hydra Terra vehicle. Take Austin's best tour with 75 minutes of sightseeing that includes Historic Sixth Street, the State Capitol, Bob Bullock State History Museum, the Governor's Mansion and Lake Austin. Select on Registration Form.

Time

Credit

Subject

Speaker
Tuesday Morning, Mar. 26, 2013
Presiding Officer:
Mary Bachinger, National Association of College and University Business Officers (NACUBO) - Washington, DC
8:00 am

Conference Room Opens

Includes continental breakfast.
8:30 am

0.75 hr

Charitable Gifts: Carving a Name in Stone

A consideration of drafting and negotiating naming gifts, including tax and other issues associated with perpetual naming, enforceability, donors who fall into ill repute, the "branding" of a building or a program and the use of tax-exempt organizations (e.g., family or company foundations and donor-advised funds) as funders.

John Sare, Patterson Belknap Webb & Tyler LLP - New York, NY
9:15 am

0.75 hr

Keynote Presentation: View From the IRS

Holly O. Paz, Internal Revenue Service - Washington, DC
10:00 am

Break
10:15 am

1.00 hr

Employment Tax, Fringe Benefits and Information Reporting Update

An update on latest developments related to perks, payments to workers and worker classification, including IRS examinations and compliance initiatives.

Marianna G. Dyson, Miller & Chevalier Chartered - Washington, DC
11:15 am

1.00 hr

Successful Global Expansion of Higher Education—Minimizing Risk and Maximizing Opportunity

As many higher education institutions seek transnational growth opportunities, university counsel play a critical role in the development of international strategies and implementation of international initiatives and operations. Guiding principles and practical lessons learned are shared, based on first-hand experience with successful global expansion strategies. Areas of focus include cross-border transactions (e.g. salary, tuition), local and expatriate taxation and immigration, local audit and regulatory compliance, cost and revenue centers, education regulation, sponsored research and distance learning.

Timothy A. Stiles, KPMG LLP - New York, NY
Lisa Woods, KPMG LLP - Philadelphia, PA
12:15 pm

Adjourn

Download Schedule

Conference Faculty

John R. Barrett

University of California System
Oakland, CA

Laura E. Butzel

Patterson Belknap Webb & Tyler LLP
New York, NY

Ray G. Cano

Internal Revenue Service
Austin, TX

William J. Chriss

Gravely & Pearson, L.L.P.
Austin, TX

Marianna G. Dyson

Miller & Chevalier Chartered
Washington, DC

Kelly Farmer

University of Minnesota
Minneapolis, MN

Adam Gale

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
New York, NY

Richard A. Grafmeyer

Capitol Tax Partners
Washington, DC

Frances R. Hill

University of Miami School of Law
Coral Gables, FL

Tomer Inbar

Patterson Belknap Webb & Tyler LLP
New York, NY

Joseph R. Irvine

The Ohio State University
Columbus, OH

Edward J. Jennings

University of Michigan
Ann Arbor, MI

Donna Kepley

Arctic International LLC
Washington, DC

Nancy M. Lashnits

Steptoe & Johnson PLLC
Phoenix, AZ

George T. Magnatta

Saul Ewing LLP
Philadelphia, PA

Cynthia Nethercut

Yale University
New Haven, CT

Holly O. Paz

Internal Revenue Service
Washington, DC

John Sare

Patterson Belknap Webb & Tyler LLP
New York, NY

Maxwell D. Solet

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Boston, MA

Richard A. Speizman

KPMG LLP
Washington, DC

A. L. (Lorry) Spitzer

Ropes & Gray LLP
Boston, MA

Timothy A. Stiles

KPMG LLP
New York, NY

Lisa Woods

KPMG LLP
Philadelphia, PA

Kyle R. ZumBerge

The University of Texas System Office of General Counsel
Austin, TX

Planning Committee

Kyle R. ZumBerge—Chair

The University of Texas System Office of General Counsel
Austin, TX

Mary Bachinger

National Association of College and University Business Officers (NACUBO)
Washington, DC

John R. Barrett

University of California System
Oakland, CA

Laura E. Butzel

Patterson Belknap Webb & Tyler LLP
New York, NY

Marianna G. Dyson

Miller & Chevalier Chartered
Washington, DC

Kelly Farmer

University of Minnesota
Minneapolis, MN

Adam Gale

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
New York, NY

R. Todd Greenwalt

Bracewell & Giuliani LLP
Houston, TX

Bertrand M. Harding Jr.

Law Offices of Bertrand M. Harding Jr.
Alexandria, VA

Joseph R. Irvine

The Ohio State University
Columbus, OH

Edward J. Jennings

University of Michigan
Ann Arbor, MI

Donna Kepley

Arctic International LLC
Washington, DC

Michael V. McKee

University of Florida
Gainesville, FL

Steven G. Rosen

Stanford University
Stanford, CA

Sean P. Scally

Vanderbilt University and Medical Center
Nashville, TN

Kathleen R. Snell

University of Vermont
Burlington, VT

Richard A. Speizman

KPMG LLP
Washington, DC

A. L. (Lorry) Spitzer

Ropes & Gray LLP
Boston, MA

Michelle M. Turner

The University of Texas School of Law
Austin, TX

Credit Info

Austin

MCLE Credit

Texas – 15.00 hrs | 1.00 hrs Ethics
Legal Specialization(s): Tax Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 15.00 hrs | 1.00 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 18.00 hrs

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

National Accounting CPE – 18.00 hrs

The University of Texas School of Law is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

Delivery Method: Group-Live (UT Law CLE is a provider of NASBA Group-Live credit only, which excludes online offerings. If you need Accounting credit in any state other than Texas, please review the self-reporting guidelines on the NASBA website to confirm your ability to self-report credit from the live webcast.)

To comply with NASBA Standards, attendees claiming CPE credit must sign in to verify attendance for each segment. Attendance sign-in sheets will be available at the registration desk. You will need your CPA license number to sign in. A CPE Certificate of Completion will be provided at the conclusion of the conference.

Reporting: CPAs are responsible for reporting CPE credits earned to their state's accountancy board, and must retain appropriate documentation of their participation in learning activities. Visit your state’s reporting website for more information or www.nasba.org.

TX Accounting CPE – 18.00 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

Key Dates

Austin – Mar 24-26, 2013 – AT&T Conference Center

Conference Concluded

Buy

Austin

Standard Registration
Last day for $595.00 Regular pricing: Mar 7, 2013

$695.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $595.00 Regular pricing: Mar 7, 2013

$695.00 for registrations received after this time

Last day for cancellation (full refund): Mar 18, 2013

$50 processing fee applied after this date

Last day for cancellation: Mar 20, 2013

Venue

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$174.00 good through Mar 6, 2013

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

KPMG LLP

KPMG LLP, the audit, tax and advisory firm, is the U.S. member firm of KPMG International Cooperative ("KPMG International"). KPMG International's member firms have 145,000 professionals, including more than 8,000 partners, in 152 countries. KPMG's Exempt Organization Tax Practice, or "ExoTax", is a national network of professionals providing tax consulting and compliance services to colleges, universities, healthcare providers and many other types of tax-exempt organizations. The ExoTax Practice is led by Richard Speizman, a partner in KPMG's Washington National Tax Practice. KPMG's International Development Assistance Services, or IDAS, provides assistance to U.S. and foreign colleges and universities and others in the private and public sectors with respect to their domestic and international operations. The IDAS practice is led by partner Timothy Stiles, who is based in New York. www.kpmg.com/us
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz Levin has more than 450 attorneys serving clients worldwide. We specialize in representing universities and endowments in their investments into private equity funds and other alternative investments, including tax-exempt status issues. We are nationally recognized bond counsel with particular experience assisting colleges and universities with post-issuance tax compliance, including private use and arbitrage. We also have deep expertise in establishing and governing endowment funds, taxation, advice on leadership matters and senior executive compensation, NCAA compliance issues and representation of university faculty and institutes on patents, intellectual property and technology transfer matters. Our clients include both large and small colleges and universities, other forms of higher education institutions, teaching hospitals, private and public secondary schools and educational funding agencies of all sizes. The firm's eight offices are strategically located in Boston, Los Angeles, New York, San Diego, San Francisco, Stamford, Washington, London and a liaison office in Israel. www.mintz.com
Ropes & Gray LLP

Ropes & Gray is one of the world's premier law firms, with more than 1,100 lawyers serving clients in major centers of business, finance, technology and government. The firm has offices in New York, Washington, D.C., Boston, Chicago, San Francisco, Silicon Valley, London, Hong Kong, Shanghai, Tokyo and Seoul, and has consistently been recognized for its leading practices in many areas, including private equity, M&A, life sciences, healthcare, finance, investment management, hedge funds, tax, intellectual property, litigation, securities litigation and government enforcement. www.ropesgray.com
Saul Ewing LLP

Saul Ewing's Higher Education Practice Group is highly respected and offers legal counsel in nearly every area of law that affects institutions of higher learning. Our Higher Education attorneys understand the federal tax issues and compliance, legislative, judicial, regulatory and administrative changes affecting colleges and universities. We provide counsel on both minimizing tax liability as well as recognizing substantial savings from various federal, state and local tax programs designed to support both higher education and nonprofit growth. In addition, we have significant experience with respect to tax-exempt financings for higher educational institutions ranging into billions of dollars each year. Saul Ewing LLP is a full service law firm with 240 lawyers in 11 offices in Pennsylvania, Maryland, Massachusetts, New Jersey, Delaware, New York and the District of Columbia. www.saul.com

2013

Higher Education Taxation Institute

The premier forum for public and private university tax, accounting, legal and business professionals

Austin Mar 24-26, 2013 AT&T Conference Center Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Sunday Afternoon, Mar. 24, 2013

Monday Morning, Mar. 25, 2013

Monday Afternoon, Mar. 25, 2013

Monday Evening, Mar. 25, 2013

Tuesday Morning, Mar. 26, 2013

Conference Faculty

John R. Barrett

Laura E. Butzel

Ray G. Cano

William J. Chriss

Marianna G. Dyson

Kelly Farmer

Adam Gale

Richard A. Grafmeyer

Frances R. Hill

Tomer Inbar

Joseph R. Irvine

Edward J. Jennings

Donna Kepley

Nancy M. Lashnits

George T. Magnatta

Cynthia Nethercut

Holly O. Paz

John Sare

Maxwell D. Solet

Richard A. Speizman

A. L. (Lorry) Spitzer

Timothy A. Stiles

Lisa Woods

Kyle R. ZumBerge

Planning Committee

Kyle R. ZumBerge—Chair

Mary Bachinger

John R. Barrett

Laura E. Butzel

Marianna G. Dyson

Kelly Farmer

Adam Gale

R. Todd Greenwalt

Bertrand M. Harding Jr.

Joseph R. Irvine

Edward J. Jennings

Donna Kepley

Michael V. McKee

Steven G. Rosen

Sean P. Scally

Kathleen R. Snell

Richard A. Speizman

A. L. (Lorry) Spitzer

Michelle M. Turner

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

AT&T Conference Center

Accommodations

Parking Information

Our Sponsors

Stay in the loop with UT Law CLE

Austin Mar 24-26, 2013 AT&T Conference Center
Conference Concluded