Sixth Annual Construction Tax Issues Seminar - Important Issues in a Distressed Real Estate Market

Contractors, homebuilders, and developers are invited to attend Steptoe’s Sixth Annual Construction Industry Tax Issues Seminar to get up-to-date information on the latest developments in Arizona’s sales taxation of contracting as well as Arizona’s property tax treatment of developers and homebuilders.

This presentation will start with an informative overview of Arizona’s contracting sales tax structure and will then focus on many cutting edge issues, such as the new "pre-construction" services exemption, lender's successor liability for the city speculative builder tax upon foreclosure, the income tax effects of foreclosures and debt forgiveness, important property tax issues for homebuilders and developers, the impact of the recession on the Department of Revenue and the tax departments of Arizona cities, the valuation of Brownfield properties, and many more.

Then join us for a dynamic and informative question and answer period during the lunch hour. Our speakers will be available to respond to your specific construction industry tax questions in an open forum discussion. Attendees will leave this seminar with a better understanding of the sales tax issues facing the construction industry.

The following Steptoe attorneys will speak:

• Pat Derdenger
• Dawn Gabel
• Ben Cooper
• Frank Crociata
• Benjamin Gardner

COST:

• $125.00 for registered participants now until June 17, 2009

• CFMA (Construction Financial Management Association)Member Discount - $100 per participant

• ABA (Arizona Builders Alliance) Discount - $100 per participant

Please click here for additional information.

8:00 a.m. – 8:30 a.m.
Registration and Continental Breakfast

8:30 a.m. – 10:20 a.m.

• Setting the Stage: An Overview of Arizona’s Unique Construction Sales Tax Regime—Tax the Prime Contractor and Exempt Sub-contractors and Building Materials (Pat Derdenger)
• Shouldn’t City Sales Taxation of Contracting Square with the State Regime: Not in Arizona—the Major Differences (Dawn Gabel)
• The Typical or Sane Approach to Taxing Contractors—Tax the Sale of Building Materials to Contractors: California, Nevada, Utah and Colorado
• The City Speculative Builder Tax: Successor Liability for Lenders on Foreclosure (Pat Derdenger)
• Important Property Tax Issues for Homebuilders & Developers (Dawn Gabel)
• Key Developments in the Marketing Arm-Contracting Arm Structure for Homebuilders: How Should the Land Deduction Be Calculated When the Construction Arm Owns the Land and Sells to the Marketing Arm:  The Halls Custom Construction Board of Tax Appeals Case (April 2009) (Pat Derdenger)
• The “Preconstruction Services” Exemption:  Make Sure To Jump Through All the Hoops to Qualify (Frank Crociata)

10:20 a.m. - 10:35 a.m. 
Mid-Session Break

10:35 a.m. - 12:45 p.m.

• The Action Marine Case: Personal Liability for Officers and Directors of a Retailer for Sales Tax Collected But Not Paid to the State—Does it Extend to Officers and Directors of Construction Companies? (Ben Gardner)
• Federal and State Tax Incentives for Renewable Energy Projects & Conservation Improvements (Frank Crociata) 
• Impact of the Recession on the Department of Revenue and the Tax Departments of Arizona Cities (Dawn Gabel)
• The Income Tax Effects of Foreclosures and Debt Forgiveness
• Remediation Contracting: When is it Exempt? (Frank Crociata)
• Valuation of Brownfield Properties (Wayne Mumphrey)
• The Deduction for the Payment of Development & Impact Fees—What About a Deduction For Credits for the Cost of Constructing the Infrastructure? (Ben Gardner) 
• Appealing Tax Cases to the Arizona Court of Appeals and the Supreme Court—Not All that Complicated (Ben Cooper)
• Common and Not-So-Common Misunderstandings of Arizona’s Construction Tax Regime (Pat Derdenger - Moderator)
  • Used Burner Fuel: Is it Exempt? 
  • Rental of Construction Equipment: Double Taxation? – Frank Crociata
  • Form 5000 vs. 5005: Which One to Use? – Dawn Gabel
  • Highway Consgtruction Barricades: Taxable Rental or Exempt Subcontracting? 
  • Construction Managers: Never Taxable on Their Fees? – Ben Cooper
  • Sub-contractors: Always Exempt? – Dawn Gabel
  • Crane and Concrete Pumping Activities: Exempt Sub-contracting? – Ben Gardner
  • Construction Contracts With the Federal Government: Always Exempt? – Frank Crociata