Video

  • 36 minutes

Unclaimed Property 101 - Fundamental Concepts

 
At its core, unclaimed property is defined in the various unclaimed property laws as intangible property held by a business and owed to another that remains unclaimed by the owner after a specified period of time (i.e., the statutory dormancy period). It is not a tax and nexus standards are not applicable. With few exceptions, there is generally no statute of limitations on a state’s ability to assess for past liability (very extensive reach back periods). It is rooted in the concept of derivative rights. There are no traditional administrative remedies in most states.

In this 35-minute video our speakers, Michael M. Giovannini, Matthew P. Hedstrom and Kendall L. Houghton, review what unclaimed property is, the different types of unclaimed property, and “newer” categories of property. They also discuss state unclaimed property laws and common exemptions and terms. The derivative rights doctrine is also reviewed and examples are given. They wrap up the video with a brief discussion on other legal concepts as well.

Michael M. Giovannini is a senior associate in Alston & Bird LLP’s SALT practice in the Charlotte office. He focuses his practice on advising clients regarding unclaimed property planning issues and representing clients in unclaimed property audits and voluntary disclosures. Mr. Giovannini has experience with all aspects of gift card laws and the structuring of gift card programs.

Matthew P. Hedstrom is a partner in Alston & Bird LLP’s SALT practice in the New York office. He focuses his practice on state and local tax planning and controversy and addresses clients’ multistate tax issues, including state income tax apportionment, tax base, business/nonbusiness income determinations, telecommunications and sales/use tax nexus, sourcing and taxability issues and unclaimed property matters.

Kendall L. Houghton leads Alston & Bird LLP’s SALT practice in the D.C. office. She is a nationally recognized expert whose practice focuses on state and local tax planning, tax controversies and unclaimed property/escheat matters. Ms. Houghton previously served as general counsel to the Council On State Taxation (COST), where she filed U.S. Supreme Court briefs in cases impacting state taxation of multistate commerce and led a tax policy initiative addressing taxation of Internet transactions.
Runtime: 35 minutes