Program Schedule – 2023 NBAA Tax, Regulatory & Risk Management Conference

7:30 a.m. – 5:00 p.m.

Conference Registration

8:30 a.m. – 9:00 a.m.

Continental Breakfast

9:00 a.m. – 9:05 a.m.

Welcome & Introduction

9:05 a.m. – 9:55 a.m.

Market Overview & Fractional/Jetcard Market Analysis

Doug Gollan, Private Jet Card Comparisons
Rollie Vincent, JETNET iQ

This panel will kick off the 2023 conference with a review of business aviation market. Both panelists will present results from their recent surveys of business aviation users and operators and will share insights into where the market is heading over the next 12 months.

9:55 a.m. – 10:45 a.m.

Ownership & Operations Planning for your Aircraft: An Introduction to FAA, Privacy & Tax Considerations

Scott McCreary , McAfee & Taft
David Norton, Shackelford, Bowen, McKinley & Norton, LLP

This session will set the foundation for analyzing how best to structure the ownership and operation of a business aircraft, looking at key issues in the areas of FAA regulatory compliance (with respect to both registration and operations), civil risk management and introductions to key IRS and state tax planning issues.

10:45 a.m. – 11:10 a.m.

Morning Break

11:10 a.m. – 12:00 p.m.

Business Entertainment and Commuting

Angel Houck, Houck & Christensen CPAs
Ruth Wimer, Winston & Strawn

Business owned, leased or chartered aircraft may be used for business entertainment and/or commuting by executives and directors in addition to strictly non-entertainment business related trips. Unfortunately, such use may result in a loss of tax deduction to the business. The speakers in this panel will provide an overview of these complex rules using real-world scenarios as well as provide strategies to obtain the greatest deduction possible.

12:00 p.m. – 1:15 p.m.

Lunch

1:15 p.m. – 2:05 p.m.

Personal Use of Business Aircraft

Robert Davis, FORVIS LLP
Ryan DeMoor, MySky

This session presents the building blocks for a taxpayer to be able to compute the requisite income inclusion under the Standard Industry Fare Level (SIFL) rules. This session will also explore the expense disallowance computations required under Section 274 of the Internal Revenue Code at a high level.

2:05 p.m. – 2:55 p.m.

Maximizing Bonus Depreciation

David Shannon, Lewis Brisbois
Chris Younger, HCH Legal

Successful planning to achieve business aircraft tax depreciation deductions requires a detail-oriented approach and analysis when structuring ownership and operations. Learn about aircraft depreciation schedules, which party is eligible to take depreciation deductions and rules for determining how an aircraft is depreciated for federal income tax purposes.

2:55 p.m. – 3:20 p.m.

Afternoon Break

3:20 p.m. – 4:10 p.m.

Co-Ownership Issues: Understanding the FAA & Operational Challenges

David M. Hernandez, Vedder Price P.C.
Lori McGee, Jetstream Aviation Law, P.A.

Aircraft co-ownership is complex and requires significant pre-planning. Unfortunately, many co-ownership arrangements often fail because the owners have not thoroughly identified and determined how the various aircraft regulatory and operational requirements will be accomplished. This panel will identify and analyze the primary FAA and operational challenges that co-owners should address when considering any aircraft co-ownership arrangement.

4:10 p.m. – 5:00 p.m.

Co-Ownership Issues: Understanding the Tax Challenges

Joe Park, BIZJETCPA
Alvaro Pascotto, Law Offices of Alvaro Pascotto

This session focuses on the critical tax considerations involved when two or more parties are planning to (or already) own and operate, directly or indirectly, an aircraft, and analyzes applicable federal income and excise taxes, state sales and use taxes and local property taxes that may result from various typical “co-ownership” arrangements and their characterization.

5:00 p.m. – 6:00 p.m.

Evening Reception

Enjoy a lively evening of networking and fun with your peers while sharing savory hors d’oeuvres and drinks at the Resorts World, Rose Ballroom A. All attendees are welcome to join this event you won’t want to miss!

7:30 a.m. – 5:00 p.m.

Conference Registration

8:30 a.m. – 9:00 a.m.

Continental Breakfast

9:00 a.m. – 9:05 a.m.

Welcome & Introduction

9:05 a.m. – 9:55 a.m.

Leasing Structures & the Associated Risks

Joanne Barbera, Barbera & Watkins
Paul Lange, The Law Offices of Paul A. Lange

What are the risks associated with common leasing structures? FAA operational control? Income tax concerns? State sales and use tax? Insurance coverage that you thought you had? This presentation is intended to look at common leasing structures and help you issue-spot so that the most pragmatic choices are made at the outset, thereby mitigating surprises and unintended consequences later.

9:55 a.m. – 10:45 a.m.

Non-Traditional Structures Tax Challenges: Hobby Loss & Passive Loss Limitations

Sue Folkringa, Aviation CPAs
John Hoover, Holland & Knight

Many aircraft are operated in structures other than the traditional employer-provided aircraft structure. These non-traditional structures can raise a variety of tax issues, including passive and hobby loss risks, which will be discussed in this panel.

10:45 a.m. – 11:10 a.m.

Morning Break

11:10 a.m. – 12:00 p.m.

Federal Excise Tax Concerns

Mark Dennen, Solairus Aviation
Nel Stubbs, JSSI Consulting

This panel will address the Federal Excise Taxes (FET) that apply to business aviation. Discussion topics include the application of FET to management fees and to owner-flown flights under Part 135 and who is responsible for collecting and remitting FET on charter flights when brokers are involved.

12:00 p.m. – 1:15 p.m.

Lunch

1:15 p.m. – 2:05 p.m.

State Tax Concerns & Avoiding the Traps

Letisha Bivins, GKG Law, P.C.
Vicky Boladian, Boladian Aviation Law Group

This presentation will discuss state tax considerations often overlooked by aircraft owners and operators. Discussion topics will include sales and use tax issues, property tax reduction strategies and how to minimize overall tax liability in multiple jurisdictions.

2:05 p.m.– 2:55 p.m.

International Issues: Taxes, Exports & Sanctions

John Copley, Garofalo Goerlich Hainbach PC
Katie DeLuca, Harper Meyer

International aircraft transactions involve compliance not only with FAA and DOT regulations, but agency regulations regarding customs, taxation and sanctions, from Customs & Border Protection, Department of State or the Treasury (OFAC), to applicable foreign regulations and prohibitions. Even familiar requirements regarding registration and airworthiness may pose peculiar logistical and regulatory dilemmas. Learn the best practices for navigating the requirements of international aircraft transactions and receive advice on avoiding unexpected pitfalls.

2:55 p.m.– 3:20 p.m.

Afternoon Break

3:20 p.m. – 3:50 p.m.

Sustainable Aviation Fuel Considerations

Stewart D’Leon, CAM, NBAA
Ellen Urell, Walgreens Boots Alliance

Sustainable Aviation Fuel (SAF) plays an essential role in the future of aviation as we move towards the business aviation community’s ambitious goal of net-zero carbon dioxide emissions by 2050. What is SAF, how does it contribute to this goal and what are the benefits and drawbacks? What is the Book and Claim model? How does SAF compare to more traditional fuel sources with respect to pricing and taxes paid? What incentives are available? What does the future hold? Learn the answers in this panel.

3:50 p.m. – 4:20 p.m.

Perquisite Reporting and Derivative Lawsuits Awareness

Sean Fitzgibbons, Walmart
Stewart H. Lapayowker, Lapayowker Jet Counsel, P.A.

This session will review recent SEC enforcement actions and examine how non-business use of aircraft should be disclosed in SEC reports by public companies. The presenters will also discuss what paradigm shift in public company use of business aircraft has caught the attention of shareholder derivative plaintiff’s counsel and how to mitigate your risk.

4:20 p.m. – 5:00 p.m.

Enterprise Risk Management

Jeff Agur, VanAllen 
Brint Smith, Alliant Insurance Services

Your organization navigates a host of risks daily: operational, organizational, administrative, financial and more. Flight operations bring a whole new set of risks to be considered. This engaging panel discussion will highlight some of the often-overlooked risks, their potential impact and strategies to mitigate them.