EY - Ernst & Young LLP's state income tax seminar series: analyzing allocation and apportionment issues

EY Tax Webcast

Ernst & Young LLP's state income tax seminar series: analyzing allocation and apportionment issues

Seminar #5 – Alternative apportionment: UDITPA § 18

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Entities doing business in many states face numerous state and local tax challenges.

These include complying with each state’s unique tax system and understanding the manner in which each state’s revenue department administers that state’s tax law. Questions include: What is the apportionment formula in the state? How is income from sales of intangibles or services sourced?

To help address these questions and more, Ernst & Young LLP’s Indirect Tax Practice has introduced a new quarterly webcast seminar series that provides a deep dive into specific topics of state taxation. Our intention is to present a series of one-hour webcasts that are educational in nature, with less of a focus on policy or other current topics.

Our fifth income tax seminar in this series will address allocation and apportionment issues related to alternative apportionment. The panelists will discuss the historical context of alternative apportionment and provide an in-depth analysis on the standard of alternative apportionment, when taxpayers or taxing authorities can deviate from the statutory method. They will also discuss who bears the burden of proof in alternative apportionment cases. Finally, the panelists will highlight some of the challenges tax practitioners face when arguing alternative apportionment and the future of alternative apportionment as states move towards a single sales factor apportionment formula.

Other topics that have been covered in this series (and will be covered in future webcasts) include:

This is a live, interactive webcast and we encourage you to ask questions.



Michael Semes

Principal, State and Local Tax Services, Ernst & Young LLP, Philadelphia, PA

Mike Semes leads Ernst & Young LLP's Indirect Tax Controversy and Risk Management Services practice. Mike has over 20 years’ experience practicing in the area of multistate tax planning and controversy, 14 of which he spent practicing law. While serving Governor Tom Ridge as Chief Counsel to the Pennsylvania Department of Revenue Mike drafted numerous regulations and legislation, including the Taxpayers' Bill of Rights (1997) and the Pennsylvania Electric Deregulation Act (1996). Toward the goal of promoting communication between government and taxpayers, Mike served on former Governor Ed Rendell's tax transition team and currently serves on Philadelphia Mayor Michael Nutter's Tax Advisory Council.


Haley Smith

Partner, State and Local Tax Services, Ernst & Young LLP, Houston, TX

Haley Smith is a Partner in Ernst & Young LLP’s Southwest Region’s Indirect Tax practice. She has more than 14 years of experience serving a wide range of corporate and partnership clients.

Haley’s experience includes extensive multistate income/franchise tax research, planning and compliance for corporations and flow through entities, in the energy, manufacturing, transportation, real estate, services, investment and retail industries. Haley has been responsible for assisting and advising clients related to multistate restructuring transactions, intercompany transactions, state tax provision analysis, state tax data processes, state compliance, and controversy.

Haley also coordinates the firm’s Indirect Tax services, including Credits & Incentives, Sales and Use tax, Employment tax, US Global Trade (customs), Excise tax, and Property tax.

Haley is a 2000 summa cum laude graduate of the University of Oklahoma receiving a Master of Accountancy and Bachelor of Business Administration in Accounting degrees. She is a licensed CPA in the state of Texas.


Chris Gunder

Director of State Income Tax Services, Ernst & Young LLP, Detroit, MI

Chris Gunder is a partner in the Indirect Tax/State and Local Tax practice of Ernst & Young LLP. He is the firm’s National Director of State Income & Franchise Tax Services. In addition, he coordinates Indirect Tax and State and Local tax services for several large, multinational clients in the Midwest region. Chris has 24 years of experience with the firm.

In his National role, Chris overseas our state income and franchise tax practice providing thought leadership and technical experience to our people and clients across the country. He is part of our National Indirect Tax leadership team and leads teams focused on domestic legal structure matters, state income tax compliance and refund studies, state tax accounting matters and state income tax controversy.

He currently leads our National Domestic Structuring Group, working with and advising account teams across the country on legal structure related projects.