University of Texas School of Law
Conference art
TX Credit Info:
14.00 hrs
TX Specialization:
Tax Law
More Credit Info

2014

Higher Education Taxation Institute

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

Austin Mar 3-5, 2014 – AT&T Conference Center
Conference Concluded

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Also available as: Materials, In-House CLE


Tuesday's program is delayed due to inclement weather.
Updated Monday, March 3, 9:45 p.m.

Please note the new schedule:
  • The conference room now opens at 9:30am
  • The conference starts at 10:15am with Charitable Contribution Compliance (originally scheduled at 9:30am)
  • Recent Developments in College & University Tax Law (originally scheduled at 8:30am) is now scheduled at 5:00pm
  • Charitable Giving: State Regulation is now scheduled at 6:00pm (originally scheduled at 10:30am)
  • The 11:00am session, Nonresident Alien Tax Issues, and all subsequent sessions remain unaffected
  • The conference adjourns at 6:30pm



MAJOR SPONSORS

BDO USA, LLP
KPMG LLP
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.


SUPPORTING ORGANIZATION
National Association of College and University Business Officers (NACUBO)
Program Features

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.

2014 Institute highlights include:

  • Kathleen McNeely, VP of Administration and CFO of the NCAA, discusses the financial realities of collegiate athletics
  • Learn about tax and reporting issues associated with scholarships and fellowships (1099-MISC and 1098-T)
  • Recent legislative and tax law developments for colleges and universities
  • An in-depth look at understanding and calculating private business use (PBU) as it relates to tax-exempt bonds
  • Update on employment tax, fringe benefits and information reporting
  • State regulation and compliance as it applies to charitable contributions
  • Hear experts share their experiences in dealing with qualified sponsorships and UBIT
  • Edward J. Jennings, University of Michigan, provides A Tax Risk Checklist for Executive Managers
  • Networking opportunities with legal and tax professionals at the Welcome to Texas Reception and Buffet on Monday evening

 

Schedule

Monday Afternoon, Mar. 3, 2014

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

1.00 hr

Scholarship/Fellowship Tax Issues

A look at the various tax issues associated with scholarships and fellowships (including athletic scholarships) and tax reporting (1099-MISC and 1098-T), and how to identify the various types of scholarships and the respective reporting obligations connected to those payments.

Kelly Farmer, University of Minnesota - Minneapolis, MN
Jeffrey D. Frank, Deloitte Tax LLP - Indianapolis, IN

4:00 pm
Break

4:15 pm

1.00 hr

Nonqualified Deferred Compensation

An examination of the types of nonqualified deferred compensation plans available to higher education organizations, with focus on the various tax rules that apply to these plans, including sections 457 and 409A, and a beyond-the-basics look at planning ideas, practical issues, and common mistakes that can lead to surprising and/or undesirable results.

Eddie Adkins, Grant Thornton LLP - Washington, DC

5:15 pm

.75 hr

View from Inside the Beltway: Federal Activities Higher Education Attorneys Should Monitor

Kamala Lyon, University of California Office of Federal Government Relations - Washington, DC
William Shute, The University of Texas System Office of Federal Relations - Washington, DC

6:00 pm
Welcome to Texas Reception and Buffet

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

Tuesday Morning, Mar. 4, 2014

Presiding Officer:
Mary M. Bachinger, National Association of College and University Business Officers (NACUBO) - Washington, DC

7:45 am
Conference Room Opens

Includes continental breakfast.

Conference Room now opens at 9:30 a.m. due to weather delay.

8:30 am

1.00 hr

Recent Developments in College and University Tax Law

Recent tax law developments that affect institutions of higher education, including updates on Congressional activity, IRS enforcement initiatives and pronouncements and judicial decisions.

This session has moved to 5:00 p.m. due to weather delay.

Edward J. Jennings, University Of Michigan - Ann Arbor, MI

9:30 am

.75 hr

Charitable Contribution Compliance

The IRS is focusing on improper charitable deductions and appraisal rules. Colleges and universities need to let donors know when they are receiving bad contribution advice. Issues include defining a charitable contribution, reviewing the receipting rules to ensure donor deductibility, understanding the tax implications of in-kind donations and determining when an appraisal is needed and who is a qualified appraiser.

This session has moved to 10:15 a.m. due to weather delay.

William F. Gaske, Patterson Belknap Webb & Tyler LLP - New York, NY
Joseph R. Irvine, The Ohio State University - Columbus, OH

10:15 am
Break

10:30 am

.50 hr

Charitable Giving: State Regulation

Complying with state regulations for charitable solicitations is time-consuming, confusing and costly. The registration requirements vary from state-to-state and require regular monitoring and updating.  The exponential increase in the use of social media and other online tools to solicit donations from across the country and around the globe make compliance even more challenging.  This presentation offers advice and practice tips to help you develop a plan for managing registration and compliance issues.

This session has moved to 6:00 p.m. due to weather delay.

Bethany Bridgham, American University - Washington, DC

11:00 am

1.25 hrs

Nonresident Alien Tax Issues

Institutions make more payments to foreign individuals and entities than they often realize. Understanding the tax regulations can be difficult, but it is often the internal process of determining which payments are affected and how to then correctly withhold tax from and report those payments that is the most challenging component. This session digs deep into the tax rules and how they apply to payments to foreign individuals and entities, and also looks closely at the procedural elements of being in compliance.

Donna Kepley, Arctic International LLC - Washington, DC

12:15 pm
Pick Up Lunch

Included in registration.

Tuesday Afternoon, Mar. 4, 2014

Presiding Officer:
Joseph R. Irvine, The Ohio State University - Columbus, OH

LUNCHEON PRESENTATION

12:35 pm

1.00 hr

Qualified Sponsorship Payments and UBIT: Tales from the Trenches

Tips, traps and examples from personal experiences of dealing with qualified sponsorship payments and UBIT.

Moderator:
Edward J. Jennings, University Of Michigan - Ann Arbor, MI
Panelists:
Kelly Farmer, University of Minnesota - Minneapolis, MN
Joseph R. Irvine, The Ohio State University - Columbus, OH
Kyle R. ZumBerge, The University of Texas System Office of General Counsel - Austin, TX

1:35 pm
Break

 
1:45 pm

1.00 hr

Understanding Private Business Use (PBU) Relating to Tax-Exempt Bonds

The IRS has increased its scrutiny on the private business use (PBU) relating to tax-exempt bonds as well as its focus on higher education as a segment of this market. An examination of the complex rules on PBU with examples pertinent to colleges and universities, and highlights the distinguishing factors in applying PBU between private and public institutions.

Maxwell D. Solet, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - Boston, MA

2:45 pm

1.00 hr

Calculating Private Business Use (PBU) Percentages: Issues, Strategies and Tips

A walk-through of PBU computations using examples of research contracts and rental arrangements as applied to both private and public institutions. Illustrations address complicated issues, discuss working strategies and provide tips on how to minimize risks, with the goal of providing an increased knowledge of managing PBU on your campuses.

Cynthia Nethercut, Yale University - New Haven, CT

3:45 pm
Break

KEYNOTE PRESENTATION

4:00 pm

1.00 hr

The Financial Realities of Collegiate Athletics

The revenues of the NCAA are regularly discussed by the media. Where does the money go and how do these funds support higher education?  A seven year review of trend analysis on how dollars are spent by Division I athletic programs and what it looks like financially for athletic programs to leap from the FCS to FBS.  Discussion also includes NCAA change initiative goals and objectives relative to academics, enforcement and rules.

Kathleen T. McNeely, Vice President of Administration and Chief Financial Officer, The National Collegiate Athletic Association - Indianapolis, IN

 
5:00 pm
Adjourn

Sessions will adjourn at 6:30 p.m. due to weather delay.

Tuesday Evening, Mar. 4, 2014

5:45 pm
Austin Land and Lake Tour

Austin Duck Adventures' amphibious tour of downtown Austin and beautiful Lake Austin on an unsinkable, U.S. Coast Guard-inspected 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.

This event has been CANCELLED due to inclement weather.

Wednesday Morning, Mar. 5, 2014

Presiding Officer:
Kyle R. ZumBerge, The University of Texas System Office of General Counsel - Austin, TX

7:45 am
Conference Room Opens

Includes continental breakfast.

8:30 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.

Donald E. Rich Jr., KPMG LLP - Greensboro, NC

9:30 am

.75 hr

NOL Carry-Forwards: Is Your School at Risk?

The recently released IRS Final Report on Colleges and Universities indicated that as a result of examining certain schools, the IRS disallowed more than $170 million in losses and Net Operating Losses (NOLs), which could amount to more than $60 million in assessed taxes. Even though an organization can only be assessed taxes for the "open" tax years, the IRS can go back further to look at activities that generated a net operating loss that is carried forward to an open year. Therefore, colleges and universities must analyze and document the basis for the NOL. A large amount of losses are generated from investments and the information received from a K-1 may only be part of the analysis.  Specific circumstances of the institution may make certain losses not available to offset UBI. Other losses from activities lacking a profit motive may be in jeopardy as well as the expenses that are used to offset income in a dual use facility. This session provides valuable guidance on analyzing and documenting the validity of the NOL.

Laura Kalick, BDO USA, LLP - Bethesda, MD
Mike Sorrells, BDO USA, LLP - Bethesda, MD

10:15 am
Break

10:30 am

1.00 hr

Alternative Investments

A discussion of tax issues for higher education institutions in making alternative investments, such as private equity funds and hedge funds; Unrelated Business Income Tax (UBIT) considerations, including investing in or creating UBIT-blocker corporations; and side letter tax provisions that are useful to obtain.

Adam Gale, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. - New York, NY
Sean P. Scally, Vanderbilt University and Medical Center - Nashville, TN

11:30 am

1.00 hr

A Tax Risk Checklist for Executive Managers

Developing a tax "risk" checklist for executive managers at your institution may help them when analyzing and advising at-risk transactions or when making risk-based decisions. This checklist gives a broad picture of the concerns or tax issues impacting your school, identifies the scrutiny placed on each issue by taxing agencies, measures potential tax liabilities and the strength of the positions at hand, as well as managing reputation risks. Executives can incorporate this checklist into campus-wide compliance initiatives as well as rely on it as a basis for communication with units, departments and schools.

Edward J. Jennings, University Of Michigan - Ann Arbor, MI

12:30 pm
Adjourn

Faculty

Conference Faculty

Eddie Adkins
Grant Thornton LLP
Washington, DC
Bethany Bridgham
American University
Washington, DC
Kelly Farmer
University of Minnesota
Minneapolis, MN
Jeffrey D. Frank
Deloitte Tax LLP
Indianapolis, IN
Adam Gale
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
New York, NY
William F. Gaske
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
Laura Kalick
BDO USA, LLP
Bethesda, MD
Donna Kepley
Arctic International LLC
Washington, DC
Kamala Lyon
University of California Office of Federal Government Relations
Washington, DC
Kathleen T. McNeely
Vice President of Administration and Chief Financial Officer, The National Collegiate Athletic Association
Indianapolis, IN
Cynthia Nethercut
Yale University
New Haven, CT
Donald E. Rich Jr.
KPMG LLP
Greensboro, NC
Sean P. Scally
Vanderbilt University and Medical Center
Nashville, TN
William Shute
The University of Texas System Office of Federal Relations
Washington, DC
Maxwell D. Solet
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Boston, MA
Mike Sorrells
BDO USA, LLP
Bethesda, MD
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 M. 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
Kelly Farmer
University of Minnesota
Minneapolis, MN
Adam Gale
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
New York, NY
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
Sean P. Scally
Vanderbilt University and Medical Center
Nashville, TN
Noel A Sloan
Texas Tech University
Lubbock, TX
Kathleen R. Snell
University of Vermont
Burlington, VT
Richard A. Speizman
KPMG LLP
Washington, DC
A. L. (Lorry) Spitzer
Ropes & Gray LLP
Boston, MA
Credit Information

MCLE Credit

Texas
14.00 hrs
Legal Specialization(s): Tax Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
14.00 hrs
Additional Information
Live Conferences: At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Florida
17.00 hrs
Louisiana
14.00 hrs
New Jersey
15.50 hrs
Additional Information
As The University of Texas School of Law is a State Bar of Texas approved MCLE provider (Sponsor #13), our courses are presumptively approved for MCLE credit based on a 50-minute credit hour, and in accordance with the Regulations of the Supreme Court of New Jersey Board on Continuing Legal Education. More information and details can be found at Regulation 2.01:4.
New York
16.50 hrs
Additional Information

As The University of Texas School of Law is a State Bar of California approved MCLE provider (#1944), and the State Bar of California is a New York Approved Jurisdiction, our courses are approved for MCLE credit based on a 50-minute credit hour, and in accordance with the Program Rules and the Regulations and Guidelines of the New York State Bar Association. More information and details can be found at Section 6 of the Regulations and Guidelines.

Ohio
14.00 hrs
Oklahoma
17.00 hrs
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.
Pennsylvania
14.00 hrs
Other States
Many jurisdictions accept conferences offered by The University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your jurisdiction's regulatory authority. A Certificate of Attendance and credit reporting documentation will be provided at the conference.

Other Credit

National Accounting CPE
16.50 hrs
Additional Information
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.learningmarket.org.

Delivery Method: Group-Live

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.
Key Dates

Austin

  • Last day for Individual early registration: Feb 12, 2014
    Add $100 for registrations received after this time
  • Last day for cancellation (full refund): Feb 21, 2014
  • Last day for cancellation (partial refund): Feb 26, 2014
    $50 processing fee applied

Hotel / Venue

Austin

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
512.404.3600 (reservations)
Map

Accommodations

$174 room rate good through February 10, 2014 (subject to availability).

Reserve your room online.

Parking Information

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