UT Law Continuing Legal Education

10^th Annual

Higher Education Taxation Institute

Austin Jun 20-21, 2022 Sheraton Austin Hotel at the Capitol
Conference Concluded

Live Webcast Jun 20-21, 2022
Conference Concluded

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EXCLUSIVE RECEPTION SPONSOR
Kelly Education

MONDAY LUNCHEON SPONSOR
Crowe LLP

INSTITUTE SPONSOR
BLX Group LLC
KPMG LLP
PwC
RSM US LLP

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Overview

The 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, as well as legislative, judicial, regulatory, and administrative changes affecting colleges and universities.

Examine recent tax law developments that affect institutions of higher education, including updates on congressional activity, IRS enforcement measures and pronouncements, and judicial decisions.
Schedule B and Beyond: Donor Privacy and the Power of the State explores the far reaching consequences of the Supreme Court’s decision in Americans for Prosperity v. Bonta for nonprofit organizations.
Hear learning lessons and current discussion on issues a tax manager should consider surrounding a remote workforce.
Examine UBIT considerations in three distinct sessions including topics on identifying UBIT on your campus, sponsorships and advertising, and walking through your return.
Gain insight on the tax issues associated with cryptocurrency; tax exempt bonds, post issuance compliance, and management contracts; nonresident alien tax issues; and much more.

Join us on Sunday for the Higher Education Taxation Essentials program beginning at noon—a great introduction for those new to the higher education tax field and a perfect refresher for those who aren’t.

Event Schedule

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

Day 1 June 20, 2022
Day 2 June 21, 2022

Time

Credit

Subject

Speaker
Monday Morning
Presiding Officer:
Joseph R. Irvine, The Ohio State University - Columbus, OH
7:30 am
Austin Only

Registration Opens

Includes continental breakfast.
8:20 am

Welcoming Remarks
8:30 am

1.25 hrs

Recent Developments in College and University Tax Law

Review recent tax law developments that affect the higher education community, such as Congressional legislation, IRS enforcement measures and pronouncements as well as judicial decisions, and will discuss their impact on prevalent tax issues, including unrelated business taxable income, compensation and fringe benefits, international activities, charitable contributions, endowments, and reporting requirements.

Bertrand M. Harding Jr., Law Offices of Bertrand M. Harding Jr. - Alexandria, VA
Edward J. Jennings, University of Michigan - Ann Arbor, MI
9:45 am

0.50 hr

Schedule B and Beyond: Donor Privacy and the Power of the State

The Supreme Court’s decision in Americans for Prosperity v. Bonta is likely to have far reaching consequences. Not only does it call into question the ability of states to compel nonprofits to disclose their donors, it may well cause other nonprofit information reporting to fall outside the powers of the state. The decision builds on and expands the freedom of association, which is a particularly salient right for nonprofit organizations. Will this decision mark the beginning of a new era of pluralism in constitutional jurisprudence? Come find out.

Alexander L. Reid, BakerHostetler - Washington, DC
10:15 am

15-Minute Break
10:30 am

1.00 hr

Identifying UBIT on Your Campus

Discuss practical insights into how different universities investigate and discover UBI on their campuses, whether large or small, state or private. Strategies like education, surveys, and building relationships will be explored and resources will be provided to help you get started or improve the process in place at your campus. Discuss ways to review revenue-generating contracts and activities for UBI in addition to sharing example analyses.

Andrew J. Gray, Crowe LLP - Dallas, TX
Brian Thomason, Chapman University - Orange, CA
Katie Wilkerson, Texas Tech University - Lubbock, TX
11:30 am

1.00 hr

Qualified Sponsorship or Advertising: You Make the Call

Hear the requirements of the qualified sponsorship exception to UBI. After a discussion of the rules and the requirements for satisfying them, review various examples of messages that do and do not qualify for the exclusion.

Joseph R. Irvine, The Ohio State University - Columbus, OH
Kyle R. ZumBerge, The University of Texas Accounting and Financial Management - Austin, TX
12:30 pm
Austin Only

Pick Up Lunch (in Austin)

Included in registration.
Monday Afternoon
Presiding Officer:
Alexandra O. Mitchell, RSM US LLP - Washington, DC
LUNCHEON PRESENTATION
Thank You to Our Luncheon Sponsor

Crowe LLP
1:00 pm

1.00 hr

Recent Legislative and Policy Developments

Understanding the rationale of congressional policymakers, regarding the decisions they are or will be making, may help organizations in explaining potential tax legislative or regulatory changes to their communities and employees and assist with compliance and communication. This presentation provides unique access and background on congressional and administrative activities in this crazy post-pandemic and war-torn world.

Richard A. Grafmeyer, Capitol Tax Partners - Washington, DC
2:00 pm

15-Minute Break
2:15 pm

1.25 hrs

UBIT: Walk Through Your Return

With complex changes resulting from the TCJA, the complex unrelated business income tax rules have translated to a more complicated corporate tax filing for nonprofits. Explore the new Form 990-T and its supporting schedules to connect the filing to the tax guidance. Analyze the Form 990-T and how common unrelated business income tax revenue streams are reported on the Form. Discuss practical implications of allocating costs across UBI silos. Walk through NOL rules and tracking for multiple silos. Hear best practices for tracking and communicating silos, especially when an organization has alternative investments.

Christina Chase, UCLA Foundation - Los Angeles, CA
Lauren Haverlock, Moss Adams - Los Angeles, CA
3:30 pm

1.00 hr

Tax Issues Associated with Cryptocurrency and NFTs

Cryptocurrencies and their digital cousin, Nonfungible Tokens (NFTs), are hot topics! This session provides a robust examination of what they are and how they work, along with their unique tax challenges, for colleges and universities. Topics include the use of these virtual assets as charitable contributions or fundraising tools, the acceptance of cryptocurrency as a form of payment for tuition, fees, sponsored research or other academic support, and considerations of whether to hold or invest in such virtual assets.

Moderator:
Sean P. Scally, Vanderbilt University - Nashville, TN
Panelists:
John Cardone, RSM US LLP - Washington, DC
Brittany Cvetanovich, Ropes & Gray - Boston, MA
Jodi R. Kessler, Massachusetts Institute of Technology - Cambridge, MA
4:30 pm

10-Minute Break
4:40 pm

1.00 hr

Tax-Exempt Bonds, Post Issuance Compliance, and Management Contracts

This session will address post-issuance compliance requirements relating to tax-exempt bonds and how to best establish programs, policies, and procedures to avoid tax complications for debt-financed facilities. With a focus on management contracts, including why colleges and universities enter into them; the rules and safe harbors that govern management contracts; how management contracts are to be taken into account in private business use calculations; and what an issuer can do to manage any private business use that might arise from a “nonqualified” management contract, the session will provide the audience with a better understanding of private business use, management contracts, and how to appropriately discuss and address those issues on their campus.

Alan Bond, BLX Group - New York, NY
Edward J. Jennings, University of Michigan - Ann Arbor, MI
Barbara Jane League, Orrick - Houston, TX
Kyle Richard, University of Washington - Seattle, WA
5:40 pm
Austin Only

Adjourn to Welcome to Texas Reception (5:40 p.m. - 6:40 p.m.)

Join us for drinks and hors d'oeuvres with program faculty and attendees.
Thank You to Our Reception Sponsor

Kelly Education

Time

Credit

Subject

Speaker
Tuesday Morning
Presiding Officer:
Kyle R. ZumBerge, The University of Texas Accounting and Financial Management - Austin, TX
7:30 am
Austin Only

Conference Room Opens

Includes continental breakfast.
8:00 am

1.00 hr

4960 A Closer Look

A brief summary of the basic mechanics of Section 4960 followed by an examination of complexities of administering compliance within an institution, commonly overlooked benefits that must be taken into account when evaluating compensation and remuneration, and discussion of certain challenges when determining an institution’s pool of “covered employees.”

Glenn Christofides, Rutgers University - Piscataway, NJ
Ruth M. Madrigal, KPMG LLP - Washington, DC
9:00 am

1.00 hr

Hybrid or Remote Workplace Issues that Touch Tax

As institutions learn lessons from the pandemic on remote working arrangements, often times tax consequences aren’t considered. Hear learning lessons and current discussion on issues a tax manager should consider surrounding a remote workforce.

Jodi R. Kessler, Massachusetts Institute of Technology - Cambridge, MA
Joel Levenson, University of Central Florida - Orlando, FL
10:00 am

15-Minute Break
10:15 am

1.00 hr

Nonresident Alien Tax Updates

Update on recent issues related to payments to foreign nationals and foreign entities, including forms, sourcing, and income tax treaty issues. Gain insight on: What questions to ask; Which forms to collect; How much tax to withhold; What to report; Which information to maintain; and What are your institution’s responsibilities.

Donna Kepley, Arctic International LLC - Austin, TX
11:15 am

0.75 hr

Navigating the Challenges of the IRS

The past year has continued to present challenges for the IRS, including with resources and administering tax legislative and regulatory provisions. Hear a discussion on the current IRS environment, enforcement initiatives, and practical considerations for effectively interacting with the IRS. Potential IRS audit risks for colleges and universities (including those related to COVID-19) will be addressed, as well as strategies for involving other stakeholders within the institution to promote tax compliance and getting an institution prepared for potential IRS scrutiny.

Robert W. Friz, PwC - Philadelphia, PA
MaryAnn Piccolo, University of Pennsylvania - Philadelphia, PA
12:00 pm

1.00 hr ethics

Tax, Ethics, and Other Issues in Student-Athlete NIL Deals

Colleges and universities have a complicated role in the rapidly evolving world of student-athlete NIL deals. Explore some of the issues that colleges and universities need to consider, including tricky questions about how to support student-athletes’ efforts to secure NIL deals while also protecting the institution.

Amy A. Rodriguez, Adler & Colvin - San Francisco, CA
Julie D. Vannatta, The Ohio State University, Retired - Columbus, OH
1:00 pm

Adjourn

Day 1 June 20, 2022
Day 2 June 21, 2022

Download Schedule

Conference Faculty

Alan Bond

BLX Group
New York, NY

John Cardone

RSM US LLP
Washington, DC

Christina Chase

UCLA Foundation
Los Angeles, CA

Glenn Christofides

Rutgers University
Piscataway, NJ

Brittany Cvetanovich

Ropes & Gray
Boston, MA

Robert W. Friz

PwC
Philadelphia, PA

Richard A. Grafmeyer

Capitol Tax Partners
Washington, DC

Andrew J. Gray

Crowe LLP
Dallas, TX

Bertrand M. Harding Jr.

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

Lauren Haverlock

Moss Adams
Los Angeles, CA

Joseph R. Irvine

The Ohio State University
Columbus, OH

Edward J. Jennings

University of Michigan
Ann Arbor, MI

Donna Kepley

Arctic International LLC
Austin, TX

Jodi R. Kessler

Massachusetts Institute of Technology
Cambridge, MA

Barbara Jane League

Orrick
Houston, TX

Joel Levenson

University of Central Florida
Orlando, FL

Ruth M. Madrigal

KPMG LLP
Washington, DC

MaryAnn Piccolo

University of Pennsylvania
Philadelphia, PA

Alexander L. Reid

BakerHostetler
Washington, DC

Kyle Richard

University of Washington
Seattle, WA

Amy A. Rodriguez

Adler & Colvin
San Francisco, CA

Sean P. Scally

Vanderbilt University
Nashville, TN

Brian Thomason

Chapman University
Orange, CA

Julie D. Vannatta

The Ohio State University, Retired
Columbus, OH

Katie Wilkerson

Texas Tech University
Lubbock, TX

Kyle R. ZumBerge

The University of Texas Accounting and Financial Management
Austin, TX

Planning Committee

Joseph R. Irvine—Co-Chair

The Ohio State University
Columbus, OH

Kyle R. ZumBerge—Co-Chair

The University of Texas Accounting and Financial Management
Austin, TX

April Rogers—Director

The University of Texas School of Law
Austin, TX

Mary M. Bachinger

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

Alan Bond

BLX Group
New York, NY

Benjamin A. Davidson

The University of North Carolina at Chapel Hill
Chapel Hill, NC

Robert W. Friz

PwC
Philadelphia, PA

Andrew J. Gray

Crowe LLP
Dallas, TX

Bertrand M. Harding Jr.

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

Edward J. Jennings

University of Michigan
Ann Arbor, MI

Laura Kalick, Esq.

Kalick Law LLC
Washington, DC

Donna Kepley

Arctic International LLC
Austin, TX

Jodi R. Kessler

Massachusetts Institute of Technology
Cambridge, MA

Bob Lammey

Ernst & Young LLP
Boston, MA

Joel Levenson

University of Central Florida
Orlando, FL

Ruth M. Madrigal

KPMG LLP
Washington, DC

Alexandra O. Mitchell

RSM US LLP
Washington, DC

Preston J. Quesenberry

KPMG LLP
Washington, DC

Alexander L. Reid

BakerHostetler
Washington, DC

Kyle Richard

University of Washington
Seattle, WA

Amy A. Rodriguez

Adler & Colvin
San Francisco, CA

Sean P. Scally

Vanderbilt University
Nashville, TN

Julia Shanahan

Columbia University
New York, NY

MCLE Credit

Texas – 12.75 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 Monday. 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

California – 12.75 hrs | 1.00 hrs Ethics

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 must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will maintain Attendance Records for four years.

Illinois – 12.75 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. You may also need to sign in at the registration desk if you are attending the live conference - please check with conference staff. UT Law CLE will verify the number of Illinois attorneys in attendance within 10 days after the conference and will report your credit to the MCLE Board of the Supreme Court of Illinois. UT Law CLE will maintain Attendance Records for four years.

Ohio – 12.75 hrs | 1.00 hrs Ethics

UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also need to sign in at the registration desk if you are attending the live conference - please see staff for details.

Oklahoma – 15.50 hrs | 1.00 hrs Ethics

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and 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.

Pennsylvania – 12.50 hrs | 1.00 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. You may also be required to sign-in at the registration desk if you are attending in-person - please see staff onsite for more details. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 12.75 hrs | 1.00 hrs Ethics

Note on Self-Reporting Your Credits in Another State

If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state to ensure it will qualify for self-reporting your credits.

At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

National Accounting CPE – 15.50 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

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 – 15.50 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 will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

MCLE Credit

Texas – 12.75 hrs | 1.00 hrs Ethics
Legal Specialization(s): Tax Law

UT Law CLE will report credit to the State Bar of Texas on your behalf. If you are claiming credit in the last week of your birth month, self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Completion will be emailed to you upon claiming credit.

California – 12.75 hrs | 1.00 hrs Ethics

Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. Print and keep the Certificate of Completion for your records. A Certificate of Completion will be emailed to you upon claiming credit.

Illinois – 12.75 hrs | 1.00 hrs Ethics

UT Law CLE will verify the number of Illinois attorneys in attendance within 10 days after the conference and will report your credit to the MCLE Board of the Supreme Court of Illinois. UT Law CLE will maintain Attendance Records for four years.

Ohio – 12.75 hrs | 1.00 hrs Ethics

UT Law CLE will report credit on your behalf to The Supreme Court of Ohio within 30 days after the conference. You will receive a Certificate of Attendance at the conference to keep for your records.

Oklahoma – 15.50 hrs | 1.00 hrs Ethics

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Pennsylvania – 12.50 hrs | 1.00 hrs Ethics

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks of the webcast conclusion. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Other States – 12.75 hrs | 1.00 hrs Ethics

Note on Self-Reporting Your Credits in Another State

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

CPA - Other States – Expected – 15.50 hrs

You may use this accounting certificate to self-report your CPA credit to various states. Use this handy registry guide for state-by-state rules: https://www.nasbaregistry.org/cpe-requirements

TX Accounting CPE – 15.50 hrs

The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.

Key Dates

Austin – Jun 20-21, 2022 – Sheraton Austin Hotel at the Capitol

Conference Concluded

Live Webcast – Jun 20-21, 2022

Conference Concluded

Buy