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27th Annual
Tuesday & Wednesday, January 23‐24, 2018 Hya Regency Columbus, Columbus, Ohio
Oh
io T
ax
Workshop L
Advanced: Leveraging Technology & Data to
Improve Tax Compliance, Audit Defense & Produce
Significant Tax Savings
Tuesday, January 23, 2018 3:00 p.m. to 4:00 p.m.
Biographical Information
Kyle O. Sollie, Partner, Reed Smith LLP Three Logan Square, Suite 3100, 1717 Arch Street, Philadelphia, PA 19103
[email protected] 215 851 8852
Kyle and his colleagues in Reed Smith's offices throughout the country use the right tools at the right time to help their clients pay no more state tax than legally due. Kyle's practice includes state tax return positions, audits, appeals, and litigation, focusing on Pennsylvania, New Jersey, Delaware, and California. Kyle is active with the Institute for Professionals in Taxation. He is a Certified Member of the Institute (CMI) for sales tax. To make sure Reed Smith’s clients get the best results and understand the policies and practices of the agencies, Kyle and his colleagues have successfully obtained thousands of unpublished policy documents through state-law FOIA claims in Delaware, Pennsylvania, New Jersey, and California. Access to Reed Smith’s “library” of documents through a Reed Smith lawyer is an essential advantage of being a Reed Smith client. Kyle usually gets results for his clients through the administrative process. But when litigation is necessary, he fights for his clients in court. He has brought scores of cases in courts in New Jersey, Pennsylvania, Delaware, and California. His published cases include Nextel Communications of the Mid-Atlantic, Inc. v. Commonwealth, 98 F.R. 2012 (2015), Toyota Motor Credit Corp. v. Director, N.J. Tax Court No. 002021-2010 (2014), McNeil-PPC, Inc. v. Commonwealth, 834 A.2d 515; First Union National Bank v. Commonwealth, 867 A.2d 711 affirmed, 901 A.2d 981; and Dial Corp. v. Delaware Director of Revenue, C.A. No. 06C-05-014 (Del. Super. 2008).
Fred R. DiIorio, Senior Tax Counsel, General Motors Co. LLC 300 Renaissance Center, MC: 482-C16-B16, Detroit, MI 48265-3000
[email protected] 313 665 4053 Fred currently is Sr. Tax Counsel for U.S. Indirect Taxes. He has over 36 years in state and local taxation with LTV Steel Company and GM managing state and local tax compliance, audits, appeals, legislation and planning for multibillion dollar companies. He has managed various large state and local litigation throughout the U.S, including one heard by the U.S. Supreme Court. He currently is responsible for GM’s U.S. transaction tax audits, appeals and controversy. Fred is a former chairman of the Indiana Manufacturers Association’s Tax Committee and regularly participates in state and local tax associations across the country. He occasionally speaks at various tax groups. He earned a B.S in Accounting from Robert Morris College, Master in Accounting and Financial Information Systems (MAFIS) from Cleveland State University, Master in Science in Taxation from Walsh College and a J.D. from Western Michigan University, Cooley School of Law.
Biographical Information
Douglas C. Kleiner, Director - Indirect Tax Grant Thornton LLP, 3825 Edwards Road, Suite 430, Cincinnati, OH 45209
513-345-4631 [email protected]
Doug Kleiner is a director with over 20 years of state and local tax experience, including over 10 years with “Big 5” public accounting firms. Prior to joining Grant Thornton, he was the Senior Manager in charge of Transaction and Property Taxes for a billion dollar local, long distance and wireless telecommunications and technology services company. Doug serves as an indirect tax SME for multiple states including Ohio, Kentucky and Indiana and is an industry SME for gas and electric, telecommunications and the software industry. Additionally, Doug specializes in sales, use, and transaction tax issues affecting the manufacturing, gas and electric, telecommunications, mining, computer hardware and software systems, construction, oil and gas, distribution, retail, transportation and various service industries. He manages multi-state sales and use tax audits for Fortune 500 companies, supervises tax refund projects, performs indirect tax due diligence reviews, implements process improvements, negotiates audit settlements, directs compliance procedures, and negotiates, implements and reviews direct pay permit procedures in multiple states. Doug also offers technical expertise in personal property and payroll tax. Doug has been published in The Journal of State Taxation and is a frequent speaker on sales and use tax topics. Organizations include Tax Executives Institute, Manufacturers’ Education Council’s Ohio Tax Conference, Indiana Chamber’s Indiana Tax Conference, Council on State Taxation, Lorman Education Services, Grant Thornton’s internal training, client specific tax training and regional Indirect Tax Roundtables. Doug graduated from Wofford College with a Bachelor of Arts in Accounting, and he is a member of the Institute of Professionals in Taxation.
Leveraging Technology & Data to Improve Tax Compliance, Audit Defense & Produce Significant Tax Savings
Fred DiIorio, Sr. Tax Counsel, General Motors Company
Kyle Sollie, Partner, Reed Smith LLP
Doug Kleiner, Director, Grant Thornton LLP
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Overview
Using Big Data in State Tax Audits Data Analytics New Tax Technologies
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Effective Tax Department
Timely and efficient compliance Organized and streamlined processes Apply up-to-date policy and lessons learned Manage time and minimize risks
Successful audit outcomes Prepared for the issues before they are raised by the
auditor Apply lessons learned from prior audits Organized and streamlined processes to move audits
forward Owe little to no tax
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Big Data in State Tax Audits
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Challenges of State Tax Departments
Time and resource constraints
Canned reports frequently do not meet the needs of state tax
Recurrent changes to systems, processes, policies and personnel
Lack of support from IT and functional business groups
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Building a Dataset
AP data inconsistent, no sales/use tax field, invoices not organized Import data and invoices into e-document tool Corrected errors and extracted additional fields using
OCR and outsourced temporary help Analytics to categorize invoices and issues
Data, invoices, and supporting evidence along with analytic tool in one application
Handles multiple users across offices
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Multiple Data Sources
Feed multiple data sources into single portal Payroll and employee records AP, Purchase Orders, Asset reports Tax matrices, exemption certificates Unstructured data—photos, floorplans, invoices,
product manuals, job descriptions
Leveraging multiple data sets to create new data
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Telecom Industry8
Tax Problem: Equipment used for both voice and data, but sales tax
exemption only for voice
Tax Department Initial Data: Equipment list and ship-to location
Linked Additional Data: FCC cell tower list, zip code coordinates, customer
billing data
Solution: Matched each customer to specific tower
Consumer Products9
Tax Problem:Ultimate destination of products after shipment to
customer distribution centers Tax Department Initial Data:
Sales data included customer name, revenue, and shipping address
Linked Additional Data: Customer retail locations and sq. footage
Solution: Able to show relative product distribution from DCs to
ultimate consumer markets
Consumer Products10
Department Store Distribution Center-Ohio
Department Store’s sq. footage across U.S.
Amount of product going to Department Store’s in Ohio based
on percentage of sq. footage
Report Based Auditing
Advocate for using reports instead of invoices Especially for EDI purchases (Ariba; PO based) Validate accuracy with small sample All invoice data on the report Allows time for assessment of the data instead of
pushing paper Gaining more traction with auditors Developing solution for non-EDI purchases
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Information Access and Sharing
How to share datasets across many users Size limits Data security Collaboration Data integrity and maintenance
Web-based interface and repository provides instant access for tax department and auditors
Supplement with web-hosting and video-streaming applications
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Microsoft SharePoint13
Hawaii Audit
Excise tax appeal involving millions of transactions and lines of data Multiple users (taxpayer, counsel, auditor) Database too large to process on normal PC Multiple versions of dataset; risk of confusion
Data and documents uploaded to secure Extranet—auditor accesses remotely
Video conferencing instead of in-person meetings
Case Study
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Data Analytics
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Analytics – End-to-End Process
• ERP SAP/Oracle/JDE, • Tax Engine Sabrix/Vertex/Taxware
• Leverage existing data warehouse/system functionality to obtain data• Transform
• MSSQL/Oracle/DB2 –Qlikview/Tableau/Spotfire
• Insight on tax over- & underpayments, compliance risks and tax planning opportunities
Extraction Staging Analysis Reporting
Database Staging
..
.
Data & Analytics
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Data Analytics and Dashboards
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Real time, compliance control and forecasting More than just a pretty picture?
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Analytics—Behind the Pictures
Visual representations provide some value and guide next steps in process
Top “10” lists—invoices, vendors, spend, accounts Every invoice in NY over $1M with software code Top 10 spend vendors in FL with no sales tax Top 20 Retail Categories with no sales tax
Understand the story before the auditor comes in the door—where are the issues—be ready
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Analytics Experience at GM
Large amount of transactions resulting in the need to analyze a high volume of data efficiently and effectively
Need to access data that is often spread across various tables within systems or many different data sources making it difficult to do analysis
Indirect Tax Visualization– Leaders/Managers need to understand the tax impact to the business
More effective way to identify tax risks and opportunities
Increased system implementations resulting in the need to identify and address issues with data integrity resulting in incorrect tax consequences
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Analytics Experience at GM
Obtaining access to the data from the various systems – IT issues/complex SAP tables
Knowing your data – linking it together to ensure accuracy in reporting
Ensuring data accuracy and productionizing the regular updating of the data
Having tools to work with large data sets that Excel cannot handle
Centralized data source with all necessary data elements and ability to evaluate millions of lines quickly and efficiently
Able to identify and cleanse data issues
Recover overpayments of Sales Tax
Identify VAT recoveries/overpayments
Prevent future issues by reviewing purchase orders before processing payments
Ability to provide management with Visualizations to demonstrate Indirect Tax Impacts
Easily view trends and identify issues with accounting for tax assets and liabilities
Challenges Benefits
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Prioritizing Analytics Projects at GM (EXAMPLE)
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Analytics Lessons LearnedGM Observations
Start with the business problem first, and partner with knowledge experts
The most effective analytics projects tend to be iterative
Ask bold questions, don’t assume that something can’t be done just because you have been told “no” in the past
Tell a story with the data
Look for opportunities for ongoing value realization
For successful analytics projects, reward and recognize the business team as much as the analytics team
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New Tax Technologies
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What is Process Mapping?
Visually capture current processes and future events and outcomes: Tasks Roles Time estimates Know-how (precedents, forms, guidance)
Typically facilitated by process mapping specialists
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Application to State Tax
Basic Process MapNew Jersey Tax Appeal Overview
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Multiple Layers of Detail & Embedded Hyperlinks
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Forms Builder
Streamlines preparation of routine forms and correspondence Input data once, leverage throughout life of appeal
process All work product conforms with pre-determined best
practices
Reduced cost Work performed by more junior staff Reduced risk of clerical errors minimizes supervisor
review time
Case Study
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Forms Builder Screenshot
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Forms Builder Screenshot
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Forms Builder Screenshot
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Robotic Process AutomationHow RPA works
Tax systems
Web
Enterprise automation
Tax associate’s desktop
• VAT compliance system• VAT determination system• VAT planning models
• Enterprise resource planning (ERP)
• Upstream systems• Analytics/reporting
• Spreadsheets• Word documents• PDFs• Emails• Data and
analytical tools• Collaboration
• Revenue authority websites• Service provider portals• Government/regulatory sites
Robots provide a low IT footprint method of
connecting IT systemsRobots leverage existing IT assets better.
Robots link and sit on top of existing IT assets and can typically be implemented without any changes to existing IT. Robots access applications the same way the human
operator would.In addition to an initial implementation, small IT changes can lead to a significant performance and robustness
improvement.
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When To Use Robotics
Since there is a large demand for RPA, we need to properly evaluate the processes that are good candidates for RPA:
Processes that are already being considered for transition to GBS
Processes that are repetitive and frequent
Processes that require a significant number of hours to accomplish
Processes that can be programmed and do not require a high degree of complex decision making
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Robotics Experience at GM
The GM Finance function is in the first year of implementing RPA to support various processes: The Global Business Services team has a dedicated RPA group that
evaluates and manages the portfolio of RPA projects To date, Tax and Customs have one significant process enabled, and
are developing a list of candidates for future automation RPA software is managed by IT, with strong integration by key
dedicated technical business resources GM is using Automation Anywhere as the RPA software vendor of
choice
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Artificial Intelligence
Predictions that A.I. will transform legal profession (should we be worried?)
Is A.I. useful for sales tax compliance? Cost vs. benefit A.I. only as good as the data feed Any better than typical matrix for routine purchases?
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Machine Learning
Natural language processing and learning to reveal insights from unstructured data
IBM Watson Hypothesis generation and scoring based on analysis of
client and public datasets Reasoning algorithms to score hypotheses Jeopardy winner in 2011
Other platforms and providers: Amazon, Microsoft, Google Applications built using machine-learning APIs
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Questions
ContactInformation
Fred DiIorio Sr. Tax Counsel, General Motors Company [email protected]
Kyle Sollie Partner, Reed Smith LLP [email protected]
Doug Kleiner Director, Grant Thornton LLP [email protected]
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