Cataldo Tax Law. Michael J. Cataldo Shareholder Education. Admissions. Background

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1 , P.C. Michael J. Cataldo Shareholder 3445 Golden Gate Way Lafayette, CA Ph Fax Education LL.M., Taxation, New York University School of Law, 2001 J.D., University of San Francisco School of Law, 1999 B.A., University of California, Santa Barbara, 1994 Admissions California Background After earning his LL.M. in Taxation from New York University in 2001, Mr. Cataldo was hired as Tax Counsel to the California Franchise Tax Board, where he provided technical and policy advice, and represented the Board in various income and franchise tax administrative appeals and litigation. Mr. Cataldo left the Board in 2004 to become a state and local tax manager with Ernst & Young, where he continued to focus on California income and franchise tax matters while expanding his expertise to multistate income and franchise taxes. In 2006, he left Ernst & Young for a position in the state and local tax group at Pillsbury Winthrop Shaw Pittman. During his 12 years as a state and local tax attorney at Pillsbury, Mr. Cataldo continued to focus on California income and franchise tax matters and expand the depth and breadth of his expertise in multistate income and franchise taxes. While at Pillsbury, he also developed an expertise in sales and use tax, excise tax, property tax, payroll tax, and local business taxes imposed in California and in states and localities throughout the country. In 2018, Mr. Cataldo founded, P.C., and now provides state and local tax representation and advice through the firm. Practice Area - State and Local Tax Controversy and Advisory Services Mr. Cataldo has advised and represented hundreds of clients on a broad array of state and local taxes imposed throughout the country. His practice focuses primarily on representing businesses, trusts, and high-net-worth individuals in disputes with California and local taxing authorities, including the Franchise Tax Board, the California Department of Tax and Fee Administration, the Employment Development Department, the State Board of Equalization, county assessors, and cities such as San Francisco, Oakland, and Los Angeles. Mr. Cataldo represents clients in disputes with the taxing authorities of other states and localities and advises on the state and local tax implications of proposed and completed transactions, including mergers, acquisitions, dispositions, expansions, relocations, multistate employment, and cloud computing.

2 , P.C. Franchise Tax Board The Franchise Tax Board (FTB) is responsible for administering the California corporate income tax, franchise tax, taxation of trusts, and personal income tax. Mr. Cataldo represents businesses, trusts, and high-net-worth individuals during audits, protests, and in appeals of FTB actions before the Office of Tax Appeals (OTA). He represents clients before the FTB Settlement Bureau, and in court when matters cannot be resolved through the administrative appeal or settlement process. The California corporate income and franchise tax issues he typically addresses include nexus, P.L immunity, worldwide and water s edge combined reporting, business/nonbusiness income characterization, allocation and apportionment of income, credits, and net operating losses. Issues involving taxation of trusts and personal income tax include nexus, residency, taxability of income, sourcing of nonresident income, apportionment of trust income, and nonresident withholding obligations. California Department of Tax and Fee Administration The California Department of Tax and Fee Administration (CDTFA) administers California sales and use tax, and over 30 other special state taxes and fees (e.g., gas tax, cannabis tax, fire prevention fee). Mr. Cataldo represents businesses during CDTFA audits, petitions for redetermination, and appeals before the OTA to contest final CDTFA determinations. He represents clients before the CDTFA Settlement Section, and in court when matters cannot be resolved through the administrative appeal or settlement process. California sales and use tax issues typically involve nexus, taxability of sales, imbedded software, sourcing of sales, exclusions, and exempt sales-for-resale. Employment Development Department The Employment Development Department (EDD) is responsible for administering California payroll taxes and wage withholding. Mr. Cataldo represents businesses in disputes with the EDD over the proper classification of workers as independent contractors or employees, including appeals of EDD determinations to an Administrative Law Judge of the California Unemployment Insurance Appeals Board (CUIAB), appeals to the full CUIAB, and in litigation. He advises clients on the proper state payroll and withholding tax treatment of payments made to employees or former employees, and on issues that arise when employees perform services in multiple states or where employees telecommute from states where the employer does not have an office. County Assessors and Assessment Appeals Boards County assessors are generally responsible for determining whether transactions involving real property constitute changes in ownership for property tax reassessment purposes under Proposition 13, the fair market value of real property, and whether transactions trigger real property transfer taxes. Mr. Cataldo handles Proposition 13 change of ownership and property valuation issues related to commercial properties and represents businesses in disputes over property taxes and real property transfer taxes before county assessors and assessment appeals boards throughout the state, and in court.

3 , P.C. City Business Taxes There is an enormous number of city business taxes in California. For example, San Francisco business taxes include Payroll Expense Tax, Gross Receipts Tax, Utility User Tax, Parking Tax, and Transient Occupancy Tax. Los Angeles and many other major cities in California impose similar business taxes. Mr. Cataldo represents businesses in disputes with cities and other local taxing authorities throughout California over business taxes during audits, administrative appeals, settlement, and litigation. Other States and Localities Many of Mr. Cataldo s clients have state and local tax issues and disputes with jurisdictions outside of California. He regularly represents these clients in tax appeal forums throughout the country. He also advises on the state and local tax impact of transactions in jurisdictions outside California. Mr. Cataldo has advised businesses before the taxing authorities of every state in the country on matters involving corporate income tax, franchise tax, personal income tax, withholding tax, payroll tax, excise tax, or sales and use tax. He has negotiated and secured voluntary disclosure agreements in all states and many local jurisdictions outside California. Mr. Cataldo has also advised clients on city taxes imposed by cities such as New York City, Chicago, Washington D.C., Philadelphia, Denver, and Seattle, including city income, franchise, sales and use, excise, and other transactional taxes. Speaking Engagements and Publications Mr. Cataldo has been a regular speaker on various state and local tax issues, including at the Annual California Tax Policy Conference, and before the Council on State Taxation, the Tax Executives Institute, and the Institute for Professionals in Taxation, and has written extensively on a variety of state and local tax issues. Below are some of his speaking engagement and publication topics. Speaking Engagements State Corporate Income Apportionment: Key Fundamentals and Legislative Trends Strafford Webinar, August 9, Wayfair, What s Next Webinar, July 12, Updates on California Sales Tax Administration and Appeals Process - COST 2018 Sales Tax Conference & Audit Session, February 27, Preparing for Disruption in the Retail Industry Thomson Reuters, April 26, Business vs. Nonbusiness Income: When to Allocate and When to Apportion Strafford Webinar, November 16, "California and Arizona Updates" COST's 48th Annual Meeting, October 24, "Discussion of State Tax Cases, Issues and Policy Matters to Watch" - COST California & Pacific Northwest Regional State Tax Seminar, March 30, 2017.

4 , P.C. "What's Shaking in California Featuring Significant California Tax Developments and Potential Changes" - COST California & Pacific Northwest Regional State Tax Seminar, March 30, "California and Arizona Updates" - COST th Annual Meeting/Fall Audit Session, October 18, Discussion of State Tax Cases, Issues and Policy Matters to Watch - COST Pacific Southwest Regional State Tax Seminar, June 29, Special Report Recent Developments in California Taxes: Issues and Opportunities - COST Pacific Southwest Regional State Tax Seminar, June 29, California and Arizona Update - COST 2016 Spring Audit Session/Income Tax Conference, April 19, Discussion of State Tax Cases, Issues and Policy Matters to Watch - COST 2016 Pacific Southwest Regional State Tax Seminar, February 3, What s Shaking in California Featuring Significant California Tax Developments and Potential Changes - COST 2016 Pacific Southwest Regional State Tax Seminar, February 3, And Now, the Rest of the Story Oh, Those Local Taxes 2015 Annual Meeting of the California Tax Bar and California Tax Policy Conference, November 6, Arizona Update - COST th Annual Meeting/Fall Audit Session, October 22, Discussion of State Tax Cases, Issues, and Policy Matters to Watch - Tax Executives Institute San Diego Chapter State & Local Tax Seminar, September 16, The Future of State Taxation - Tax Executives Institute San Diego Chapter State & Local Tax Seminar, September 16, Indirect Tax Update - Tax Executives Institute San Diego Chapter State & Local Tax Seminar, September 16, The Future of State Taxation - Tax Executives Institute Orange County Chapter State & Local Tax Day, May 6, New York State and City Reform - Tax Executives Institute Orange County Chapter State & Local Tax Day, May 6, Discussion of State Tax Cases, Issues, and Policy Matters to Watch - Tax Executives Institute Orange County Chapter State & Local Tax Day, May 6, Arizona Update - COST 2015 Spring Audit Session/Income Tax Conference, April 23, Discussion of State Tax Cases, Issues and Policy Matters to Watch in COST Pacific Southwest Regional State Tax Seminar, February 19, 2015.

5 , P.C. Arizona Update - COST th Annual Meeting/Fall Audit Session, October 22, Dealing with the State Tax Provision & Required FIN 48 Disclosures including Nexus Issues, Potential Use of VDA's or the MTC, Seeking Rulings from the States & Best Practices in Getting Opinions from Outside Counsel COST 2010 Pacific Southwest Regional State Tax Seminar, December 7, California Update - Are We There Yet? An update on recent California law changes in such areas as nexus, apportionment, credits, net operating losses, disclosure, and penalties, and discussion of current California tax litigation - Institute for Professionals in Taxation Income Tax Symposium, November 10, California Budget Woes & Tax Changes - Updates on Understatement Penalty, Income & Franchise Taxes, & Certain Non-Income Taxes (Transactional & Property Taxes) COST Pacific Southwest Regional State Tax Seminar, June 12, Publications The U.S. Supreme Court Changes Sales and Use Tax Collection Nexus, June 22, California Taxing Agency Set for Major Overhaul, June 28, Bill Banning Streaming Video Tax Rejected, May 4, California Legislation Introduced to Ban Local Taxation of Streaming Video, Tax Notes, February 7, Will California Cities Begin Taxing Streaming Video Services?, Tax Notes, January 23, Ohio Supreme Court Finds Quill Does Not Apply to the Commercial Activity Tax, November 23, San Francisco Gross Receipts Tax Frequently Asked Questions from the Real Estate Industry, April 7, San Francisco Taxpayers Behind 8 Ball on Gross Receipts Tax, Tax Notes, March 30, The Time to Consider San Francisco Gross Receipts Tax Refund Claims is Now, February 23, California Updates Conformity to Internal Revenue Code, Provides Large Corporate Understatement Penalty Relief, October 8, New York State Department of Taxation and Finance To Disregard Single-Member LLC Interests for New York Estate Tax, July 14, Hyatt to Make Second Trip to the United States Supreme Court in Continuing Battle with the Franchise Tax Board, July 13, Five Things You Should Know About the United States Supreme Court decision in Maryland v. Wynne, May 22, 2015.

6 , P.C. Four Things You Should Know about New York State s Recent Advisory Opinion on the Taxation of Software as a Service ( SaaS ), May 20, Five Things to Know about New Jersey s Taxation of Convertible Virtual Currency, April 13, Franchise Tax Board California Competes Tax Credit Review Procedures, April 6, Four Things You Should Know About the Supreme Court s Decision in Direct Marketing, March 4, San Francisco Gross Receipts Tax Update: New Regulations Impact Returns Due Today, March 2, Five Things You Should Know About New York State s Taxation of Convertible Virtual Currency, December 15, United States Supreme Court to Review Ruling in Direct Marketing, July 22, Lingering Questions About the San Francisco Gross Receipts Tax, April 29, Go-Biz Announces California Competes Tax Credit Application Period And It Ends in Less Than One Month, March 20, Deadline Approaching for California s New Employment Credit, February 13, GO-Biz Finalizes Proposed California Competes Tax Credit Regulations, February 11, GO-Biz Releases California Competes Tax Credit Draft Proposed Regulations, December 4, California Reduces Additional Tax on Section 409A Noncompliance, October 22, California s Proposition 39 Mandates Use of Single-Sales Factor, November 19, California s Latest Tax Amnesty Program Begins August 1, 2011, July 25, The Franchise Tax Board Rules that Mere Ownership of Disregarded Entity Creates California Franchise Tax Nexus, January 26, Governor Brown's Tax Proposals for California Budget, January 25, Tax Provisions of the California Budget, October 19, FTB Approves Single Sales Factor Election Regulations, But Election in Jeopardy, August 12, Tax Provisions of the California Budget, August 17, California Limits Tax Credit Utilization, But Allows Assignment to Unitary Affiliates, May 14, 2009.

7 , P.C. California Franchise Tax Board Releases Revised Guidance on the New Twenty-Percent Strict Liability Corporate Understatement Penalty, May 4, California Suspends Net Operating Loss Deduction, Increases Carryover Period, and Allows Carryback Deductions, May 4, Tax Provisions of California Budget Bills, March 17, California Franchise Tax Board Releases Draft FAQs for New 20 Percent California Corporate Understatement Penalty, March 10, FTB Intends to Depart from IRS Treatment of Bad Loan Losses for Acquired Banks, December 16, Taxpayers Object to FTB s Interpretation of New California Understatement Penalty, December 10, California Taxes and the Federal Foreign Dividends-Received Deduction, Journal of Multi-State Taxation and Incentives, March/April 2006.