CPE Course 36th Annual NHSCPA/NH Bar Assn. Tax Forum

November 28, 2018

8:00am — 4:15pm

Location Concord

Member Price $249.00
Non-member Price $249.00

Curriculum Taxation, Estate Planning

Field of Interest Estate and Gift Tax, Health Care, Taxation (General)

Level Update

Designed For

**Print Materials will be provided for this event at no additional charge**


Morning Plenary Sessions Concurrent Sessions

John E. Rich, Jr., Esq., Moderator

McLane Middleton Professional Association


8:00 – 10:00 a.m.

Recent Guidance on the 2017 Tax Cuts and Jobs Act and Impact on Choice of Entity

The Tax Cuts and Jobs Act (TCJA) was passed and signed into law in December of 2017 and is generally effective as of January 1, 2018. The TCJA resulted in sweeping changes, particularly to corporations and pass through entities that has left many practitioners and clients with more questions than answers. This panel will review these changes as they apply to business entities including discussion and analysis of new guidance that has been issued over the last several months. In addition, the panel will discuss how the TCJA and related guidance has impacted “choice of entity” for tax reporting purposes and will provide concepts and examples that advisors can share with their clients on these important changes.

Karl A. Heafield, CPA, MST, Baker Newman Noyes, LLC

Paul A. Burkett, Esq., Rath, Young & Pignatelli, PC

Kevin C. Kennedy, CPA, Maloney & Kennedy, PLLC

Jon B. Sparkman, Devine, Millimet & Branch, PA


10:15- 11:55am

Update on Domestic and International Privacy and Information Security Laws and their Impact on Tax Professionals

Information security represents one of the biggest vulnerabilities and legal liabilities for tax professionals. In recent years, there has been a proliferation of international as well as domestic federal and state laws that impose obligations regarding the collection, storage, handling, and transmission of personal information about employees, customers, website visitors, and the public generally. Whether a business is subject to the SEC’s privacy rule called Regulation S-P, the IRS’s data security Publication 4557, state data privacy and security law, the European and Canadian privacy laws called GDPR and PIPEDA, or all of them, the business needs to be proactive about compliance. This presentation will cover the process that tax professionals need to undertake to become compliant through risk assessment, remediating vulnerabilities, adopting appropriate policies, and training their workforces.

Ryan Barton, CEO, Mainstay Technologies

Cameron G. Shilling, Esq., McLane Middleton Professional Association

Track I


1:00 – 2:00 p.m.

How Does Federal Tax Reform Affect New Hampshire Taxes?

In this session, the Commissioner and Assistant Commissioner of the Department of Revenue Administration will discuss how the recent federal tax reform could affect New Hampshire’s tax system. The discussion will include information provided to the New Hampshire Legislature as part of the Department’s annual report on the impact of federal tax law changes.

Beth L. Fowler, Esq., Moderator, McLane Middleton Professional Association

Lindsey M. Stepp, Commissioner, NH Department of Revenue Administration

Carollynn J. Lear, Esq., LL.M., Assistant Commissioner,

NH Department of Revenue Administration

2:05 - 3:05 p.m.

The New Partnership Audit Rules. Again? Really? Yes, Now It Really Matters!

Since their original enactment in 2015, the now effective centralized partnership audit rules have been updated by hundreds of pages of regulations and technical corrections, including providing for a new “pull-in” procedure. This session provides an overview of the updated rules, discusses the tax reporting implications for the upcoming tax filing season, and offers drafting considerations with respect to partnership, LLC, and partnership interest purchase and sale agreements, for the new rules.

Peter T. Beach, Esq., Sheehan Phinney Bass & Green, PA

James Usseglio, CPA/PFS, MST, CFP, Baker Newman Noyes, LLC

3:15 – 4:15 p.m.

Wayfair and Beyond: The Impact of Multistate SALT Developments on New Hampshire Businesses

Issued June 21, 2018, the Wayfair Supreme Court decision overturned the decades-old bright-line physical presence rule established by Quill and Bellas Hess. This presentation will cover the road to Wayfair, and will then focus on the decision’s impact on New Hampshire businesses. Post-Wayfair, a seller with “substantial nexus” with a state must collect use tax from its customers in that state, and businesses will be expected to comply with myriad state collection and reporting laws. After this presentation, participants will be able to identify potential traps for their New Hampshire clients doing business across state lines, including past and future exposure, to better advise their clients on multistate sales and use tax compliance.

Olga J. Goldberg, Esq., LL.M., Rath, Young & Pignatelli, PC

Merrill E. Barter, CPA, Baker Newman Noyes, LLC

Track II


1:00 – 2:00 p.m.

Practical Tax and Estate Planning Following the Tax Reform Act

The session will discuss tax and estate planning considerations in light of the 2017 Tax Act. The speakers expect to cover what practitioners should be discussing with and doing for their clients as avoiding or minimizing federal transfer taxes continues to become less relevant, but as we approach yet another tax cliff.

Michelle M. Arruda, Esq., Devine, Millimet & Branch, PA, Concord

Joyce M. Hillis, Esq., Devine, Millimet & Branch, PA, Manchester

2:05 - 3:05 p.m.

Trustee Discretion: The Better Part of Valor or Vulnerability?

Discretionary powers place a heavy burden on the trustee, who is both the ultimate decision maker and steward of the trust property. This session will provide practical advice on how discretionary trusts work, the impact of imposing a standard on the trustee’s discretion, fiduciary duties and tax consequences, as well as provide tools for administering these trusts.

Amy K. Kanyuk, Esq., McDonald & Kanyuk, PLLC

3:15 – 4:15 p.m.

The Latest on Trust Decanting and Pretermitted Heirs in New Hampshire

This session will address Trust Decanting in New Hampshire following the Hodges case as well as look at issues relating to Pretermitted Heirs in light of recent legislation and litigation.

Alyssa Graham Garrigan, Esq., Ansell & Anderson, PA

Ralph F. Holmes, Esq., McLane Middleton Professional Association




Mr. James Usseglio, CPA, PFS, CFP · Mr. John E. Rich Jr, Esq. · Ms Michelle M. Arruda, Esq. · Cameron Shilling Esq. · Peter Beach Esq · Ms Beth L. Fowler, Esq. · Mr Kevin C. Kennedy, CPA · Mr Karl A. Heafield, CPA · Mr Paul A. Burkett Esq · Ms Amy Kanyuk, Esq · Carollynn J. Lear, Esq. · Olga J. Goldberg, Esq. · Ralph F. Holmes, Esq. · Ryan Barton, CEO · Ms Joyce M. Hillis Esq. · Merrill E. Barter CPA · Alyssa Graham-Garrigan, Esq. · Lindsey Stepp

John advises clients regarding compliance with ERISA, the Internal Revenue Code, COBRA, HIPAA and other complex federal laws applicable to employee benefit plans. He frequently represents clients before the IRS and United States Department of Labor in audits and investigations and represents clients in litigation involving employee benefit plans. John provides advice to employers regarding all forms of executive compensation and health and welfare plans. John also advises executives concerning stock options, compensation issues and estate planning involving IRAs and retirement benefits. John received his J.D. from Boston University School of Law (1989) and his B.A. from Dartmouth College (1984).close
Beth regularly represents taxpayers before the New Hampshire Department of Revenue Administration, the Internal Revenue Service and other taxing agencies. Utilizing her experiences as a Hearing Officer and counsel at the Department of Revenue Administration, she is uniquely able to identify potential federal and state tax issues and assist clients in organizing transactions in the most tax efficient manner possible.close
As assistant commissioner, Lear is responsible for testifying at public hearings on behalf of NHDRA; overseeing all information technology projects; supervising all staff in the Administrative Unit; advising senior leadership on matters of tax, personnel, project management and contract management; and managing the Business Office, Legal Bureau, Hearings Bureau, Human Resources, Internal Auditor, and the Tax Policy and Legislative Group. Lear, an employee of NHDRA for nearly five years, was confirmed as assistant commissioner on April 11.close
603-226-2600Olga is a Senior Associate in the firm’s Tax Practice Group where she advises clients on state and local matters. She focuses her practice on New England and Texas taxation issues, as well as on multi-state taxation matters, such as nexus, combined reporting, and allocation and apportionment.Olga represents clients in complex state and local tax planning and compliance matters, and in state and local tax controversy, from audit through litigation and appeal, and when appropriate, settlement negotiation. Olga counsels clients on the full range of tax types, including all New Hampshire taxes, sales and use, franchise, income, and property tax.Olga regularly writes and has presented on state and local tax topics. Her articles have appeared in State Tax Notes and IPT Insider (formerly IPT Tax Report). She previously served as a Vice Chair of the State Bar of Texas – State and Local Tax Subcommittee.Prior to joining the firm, Olga was with the state and local tax practice of Sutherland Asbill & Brennan, LLP. She previously worked for a state and local tax litigation firm in Austin, Texas.Olga is admitted to practice in Texas and New Hampshire.close
A trial lawyer with more than 30 years experience, Ralph has handled nearly all aspects of civil litigation in state and federal courts. Ralph's expertise is in complex, challenging litigation and has developed one of the region’s leading probate litigation practices while continuing to handle many substantial other types of cases for individuals and businesses. Reflecting their confidence in his abilities, lawyers within and outside the firm entrust their clients to Ralph when they need aggressive, responsive litigation representation. Mindful of the costs of litigation, Ralph delivers aggressive representation efficiently and strategically with careful attention to planning and budgeting.Ralph received his J.D. from Boston College (1984) and a B.A. from Lafayette College (1980).Areas of FocusProbate LitigationBusiness LitigationMedical Malpracticeclose
Alyssa Graham Garrigan concentrates her practice in the areas of estate planning, trust and estate administration, and gift, estate and generation skipping transfer tax planning. She graduated magna cum laude from Boston University (BA 2008), summa cum laude, from Suffolk University Law School (JD 2011) where she was a Note Editor for the Suffolk University Law Review, and she received her Masters Degree in Taxation from Boston University School of Law (LLM Tax 2012). She is licensed to practice in New Hampshire and Massachusetts. Alyssa is a member of the New Hampshire Estate Planning Council, the New Hampshire Bar Association and the American Bar Association. Alyssa has been named a Rising Star - Estate Planning & Probate Attorney by Super Lawyers since 2016.*close
Lindsey is the Commissioner at the New Hampshire Department of Revenue Administration. She received her Master of Business Administration degree from Plymouth State University, after receiving her B.S. in Economics from Trinity College in Hartford, CT. Lindsey served as Director of Business Services for the Information Technology Department at Plymouth State University, and previously worked at the Department of Revenue Administration as a Financial Analyst and Assistant Commissioner prior to her current role as Commissioner. Lindsey began her career at Ernst & Young LLP as an International Tax and Transfer Pricing Consultant.close



New Hampshire Society of CPAs

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