Illinois Automobile Dealers Association Newsletter
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2011 IADA OFFICERS


Chairman
Tim Mooney
Tim Mooney, Inc.
Tuscola

Vice Chairman
Jim Lombardi
Lombardi Chev Buick
Wilmington

Treasurer
Gary Knight
Carmack Car Capitol
Danville

Secretary
Mike Mangold
Mangold Ford
Eureka

President
Peter Sander
IADA
Springfield


IADA Staff Contacts:
Ph# 1-800-252-8944

Pete Sander
President
Ext. 103

Larry Doll
Legal
Ext. 105

Mark Harting
Administrative Services
Ext. 110

Mike Healey
Member Services
Ext. 107 

Joe McMahon
Legislative
Ext. 113
     



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November 23, 2011    Vol 2011, Issue 12

 

  DEALERS ELECTION ACTION COMMITTEE  
 

IADA is very pleased there are ten (10) Illinois dealers that belong to the Dealers Election Action Committee (DEAC) Presidents Club.  Membership to this prestigious group requires an initial pledge of $5,000 and a $2,500 pledge the subsequent years.  We want to congratulate these Illinois dealers on their commitment.

1. Bill Abbott, Bill Abbott, Inc., Monticello
2. Jamie Auffenberg Jr., St. Clair Auto Mall, O’Fallon
3. Ray Green, Green Chev-Buick-Cad-GMC, Jacksonville
4. Susan Langheim, Friendly Chevrolet, Springfield
5. Joe O’Brien Jr., O’Brien Automotive Team, Normal
6. Jack Schmitt, Schmitt Chevrolet, O’Fallon

In the Chicago area there are four (4) Illinois’ dealers who belong to the DEAC President’s Club and we recognize and thank them for their commitment to DEAC.

7. Desmond Roberts, Advantage Chevrolet, Hodgkins
8. Mark Scarpelli, Ray Chevrolet & Kia, Antioch
9. Ray Scarpelli Sr., Ray Chevrolet & Kia, Antioch
10. Ray Scarpelli Jr., Ray Chevrolet, Fox Lake

As with all DEAC contributions, funds collected through the Presidents Club are used to assist the election campaigns of pro-business, pro-dealer candidates for Congress. 

IADA recently sent out to all members a request to consider a $500.00 contribution to DEAC.  Please help NADA represent your voice in Washington with a contribution today!  If you have not made your contribution yet, please return this form at your earliest convenience.  Thank you for continuing to support DEAC!

 

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  IADA OFFICE THANKSGIVING HOURS  
 
The IADA offices will be closed on Thursday, November 24 and Friday, November 25 in observance of the Thanksgiving Holiday.  IADA also reminds everyone the Illinois Secretary of State and Department of Revenue are also closed over these dates as well.  We hope that you and your family enjoy a wonderful Thanksgiving!  A reminder the IADA Website:
www.illinoisdealers.com is available for information 24/7!
 

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  NADA CONTINUES TO VIGOROUSLY DEFEND DEALER-ASSISTED FINANCING MODEL AT FINAL DEALER ROUNDTABLE  
 

The Federal Trade Commission (FTC) conducted its third and final Motor Vehicle Dealer Roundtable on November 17 in Washington, D.C. The roundtable focused on the following areas:

1. alleged misrepresentations and other misconduct in consumer leasing transactions;
2. consumer and business education;
3. alleged abuses by automobile dealers that significantly harm consumers; and
4. widespread dealer conduct that currently is lawful but may nevertheless harm consumers.

Although many dealer practices were discussed during the roundtable, the subject that received the most attention was abusive spot delivery transactions. The FTC is examining these topics to determine what, if any, actions it should initiate to further protect consumers. The actions it may pursue include rulemaking, enforcement, and consumer and business education.

As with the two prior FTC roundtables in Detroit and San Antonio, NADA representatives provided a vigorous defense of the dealer-assisted financing model and provided extensive information to correct and rebut a series of misstatements, distortions, and attacks against various dealer practices. NADA also underscored that, despite repeated requests for empirical information from the FTC, the consumer group allegations of dealer misconduct were anecdotal and unsupported by current and reliable data demonstrating that they are widespread.

NADA will remain actively engaged in this matter and will continue to work with the FTC to promote a better understanding of the extraordinary value and benefits that dealer-assisted financing provides to millions of consumers each year. NADA will also continue to stress to its members the need to keep current with the full range of federal and state legal requirements governing their operations.

 

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  2011 YEAR-END CHECKLIST FOR DEALERS  
 

Provided by Carl Woodward & Associates, Bloomington, Illinois

1. Keep the accounting records open at the end of December:

  • Record December finance chargebacks.
  • Maximize LIFO deductions.  Record all new vehicles that were built in 2011 as vehicle purchases in 2011 by keeping the new vehicle purchase journal open the first few days of 2011. This is important for dealers with less new inventory than 12/2010.
  • Keep your accounts payable journal open to record all 2011 expenses in 2011 including advertising, interest, utilities, telephone, gasoline, data processing, insurance, etc.
  • Adjust your property tax payable account to equal at least the total you actually paid in 2011.
  • If any vehicle deal is not a 100% completed deal (all paperwork and funding in 2011), then treat it as a 2012 vehicle sale.
  • Make sure all miscellaneous inventories are adjusted to actual, including labor inventory, sublet, gas-oil-grease, body shop materials, etc.
  • Reconcile, when possible, all balance sheet accounts before closing the year.

2. You must include a reasonable estimate of your LIFO adjustment for the year on all versions of your December financial statements.  There are no exceptions.  If there is not a separate LIFO cost of sales account, charge the LIFO estimate to cost of sales in a cost account that has no other activity.    

3. If you are not on LIFO for used vehicles, adjust all of your used vehicles to current wholesale market value at year-end.  The IRS has developed an acceptable “alternative used vehicle LIFO” method similar to the new vehicle method.  On an annual basis, used vehicle LIFO should be considered. 
   
4. Compare your actual parts inventory to the accounting parts inventory and make adjustments where appropriate.  Have your parts manager determine which parts should be considered worthless.  Subject to your review, dispose of these parts by year-end.  Be sure that your parts manager advises the office manager of the cost of the disposed parts and that the appropriate entry is made to remove the costs from inventory.  Your parts manager should provide you with a final parts inventory summary showing the dollar amount of parts in inventory at the end of the year along with an aging of that inventory.

5. If you have any building repair or maintenance items (such as painting, lot repairs, etc.) that needs to be done, try to have these performed by the end of 2011.

6. Review current year fixed asset additions to determine if the costs should be capitalized or expensed.  Generally, assets with a useful life beyond a year should be capitalized and depreciated.    

7. Carefully review prepaid assets and expense all items in this account that are not valid as prepaid at year end.
 
8. Review all past due accounts receivables, including employee receivables.  Write off those receivables that are not collectible.  If any of these are from former employees, issue them a Form 1099-C for the amount written off.

9. Review bank reconciliations for checks (including payroll checks over 60 days old) that are not expected to clear.  These checks should be voided and reissued.  Funds owed to payees who cannot be located may be considered unclaimed property which would require you to remit the funds to the state.  Before reissuing a check to a vendor, be sure that it has not been paid with a subsequent billing.  Be careful when voiding any checks written to the state because some state departments are slow in processing. 

10. All payroll tax and sales tax payable accounts must equal the actual amount of the applicable taxes paid in 2012 for the 2011 fourth quarter and year-end filings.  The year-end payroll tax accrual can only include taxes owed on wages actually paid in 2011.

11. Confirm you have substantiation for your 2011 meal and entertainment expenses.  Travel expenses and the cost of a Holiday party for employees or food ordered in to the dealership should not be included in this amount.

12. Form 8300 must be filed if you receive cash in excess of $10,000 from a customer.  Cash includes certain cashier’s checks, money orders, and traveler’s checks.  Make sure you have properly filed the form for each transaction and notified the customer of the filing. Ask your office staff to provide you with copies of the forms filed for 2011 so you confirm that this function is being performed.

13. IRS Form 1099-MISC must be issued to all non-employees and businesses that are not incorporated (including LLC’s) and received $600 or more during 2011 for payment of services, awards, commissions, or fees for services.  A Form 1099-MISC must be issued for payments to an attorney even if they are incorporated. When preparing the 1099 for those vendors from whom you purchased parts in conjunction with a service, you must report the total payment made to them on the 1099.  Review all of the non-employee activity and determine if they should really be considered employees for payroll tax purposes.

14. All wages and commissions paid in 2012 for 2011 services should be accrued in 2011.  Also, make sure the first payroll in 2012 (even though some portion of the payroll was for 2011 services) is not included on your W-2’s for 2011, but will instead be on the W-2’s for 2012.  If you are an S Corporation, wages cannot be accrued for shareholders and their family members.  In order to take a 2011 deduction, you must pay them in 2011 and include the wages on the 2011 W-2.

15. If you are a C corporation, make sure you pay any salaries, commissions, or bonuses to stockholders and related parties in December (if their ownership exceeds 50%) in order to take a 2011 deduction.  Make sure they are reasonable in total.  All accrued payroll for non-shareholders must be paid no later than 3/15/12 for it to be deductible in 2011.

16. Accrued interest should be paid before year end on loans from shareholders and other related parties in order for the interest to be deductible in the current year.  IRS Form 1099-INT must be issued for the paid interest.  Also, Form 1099-MISC must be issued for all rents paid to individuals during the year reporting the rent paid in box 1.

17. Review procedures for the use of demonstrators to ensure you comply with the current IRS regulations.

  • All individuals who are provided a demo to drive should sign a written demonstrator policy agreement.
  • There are two IRS approved methods that can be used for fulltime salespeople.  The first method provides them with tax-free use of the demo.  This method is fairly complicated and restrictive.  The second method, used by most dealers, is the partial exclusion method.  Under this method, an amount is added to wages on a monthly basis.  The IRS has provided daily income amounts based on the value of the vehicle.  For example a vehicle valued at $25,000, the daily inclusion is $6.00.  Under this method, employees are not required to maintain logs.
  • For employees who are not a fulltime salesperson and any other individuals who drive a demo, the annual lease value method is used.  The amount included in income is based on personal-use mileage and the IRS annual lease table.  The IRS requires that logs be maintained in order to verify business vs. personal use of the vehicle.
  • The amount included in income is to be added to each employee’s W-2.  Non-employee family member income amounts must also be included in the employee’s W-2.  Shareholders, not on the payroll who provide services to the company and any other non-employees, must be issued a Form 1099 MISC for the income. 
  • Remember, amounts included in income should be reduced by any payroll deductions for personal use of company vehicles. 

18. If you or the dealership own stocks that have unrealized losses, consider discussing with your tax or investment professional the benefit of selling them by the end of the year.

19. If you make gifts to relatives each year for estate tax purposes, the payments must be made by year end. 

20. Confirm you have made all required personal and corporate income tax deposits for 2011 and see that your personal income tax withholding is adequate.  You should consider paying all of your personal state income tax by the end of the year in order to take a federal income tax deduction for the state tax; however, you should consult your tax advisor if you think you may be affected by the alternative minimum tax.
 
21. If you plan to make any charitable contributions, consider making them in 2011 to receive a current-year deduction.  Payments by credit card are deductible on the day they are made even if the payment to the credit card company occurs on a later date.  The IRS requires written acknowledgment for each contribution $250 or more.

22. If the dealership has a section 125 plan (cafeteria plan), make sure eligible employees complete the 2012 election forms before the first 2012 payroll.  Remember, stockholders owning more than 2% in S corporations (LLC’s, etc) are not eligible to participate.

23. W-2’s for S Corporation shareholders must include income for health insurance premiums paid by the corporation.  This amount is not subject to social security or Medicare tax.

24. If your retirement plan allows changes throughout the year, maximize your deductible contributions, $16,500 for a 401(k) plan and $22,000 if over age 50, and $49,000 to profit sharing plans (net of any 401(k) contributions).  If you have self-employment income, consider establishing a Keogh plan.  You have until the due date of your return, including extensions, to fund the contribution.
    
25. Be sure you are in compliance with Internal Revenue Service rules and regulations regarding a backup of each month’s accounting records on electronic media. We suggest you keep 60 months of electronic backup of your accounting data.

26. Consider adopting IRS “TRADE Discounts” that deals with factory “interest credits” and “advertising credits”. This procedure will assist in reducing dealership income taxes. This might be worthwhile if you have a large enough new vehicle inventory.

WRITTEN BY WOODWARD & ASSOCIATES, CPA’S   309-662-8797
    Bloomington, Illinois

 

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  SUPREME COURT TO RULE ON HEALTH CARE LAW  
 

The Supreme Court announced Monday it will review the 2010 health care law that serves as President Obama’s signature legislative accomplishment to date.

The court accepted appeals from a decision by the U.S. Court of Appeals for the 11th Circuit in Atlanta, which is the only appellate court to date to say the law is unconstitutional. The suit was filed by the National Federation of Independent Business and 26 states, who claimed that Congress overstepped its authority by passing a law requiring most Americans to purchase health insurance or pay a steep fine. The Atlanta appellate court found in favor of the plaintiffs, calling the law’s individual mandate provision “a wholly novel and potentially unbounded assertion of congressional authority.”

The administration has argued successfully in other court challenges to date that Congress’s ability to legislate an individual mandate to purchase health insurance is vested in the commerce clause of the Constitution, which gives Congress the power to regulate interstate commerce.

“The American people did not support this law when it was rushed through Congress and they do not support it now that they’ve seen what’s in it,” said House Speaker John Boehner (R-OH). “In keeping with our Pledge to America, Republicans have voted to repeal and defund the law, and successfully repealed portions of it. This government takeover of health care is threatening jobs, increasing costs, and jeopardizing coverage for millions of Americans, and I hope the Supreme Court overturns it.”

The Supreme Court is expected to hear oral arguments in the case next March, which would be roughly two years after the law’s passage. A ruling in the case will come before the court recesses in late June.

 

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  2012 ANNUAL FUEL ECONOMY GUIDE NOW AVAILABLE  
 

By law, dealers must provide the guide upon request

The U.S. Department of Energy and the Environmental Protection Agency have just released the 2012 Fuel Economy Guide. The guide provides detailed fuel economy numbers for MY 2012 light-duty vehicles, along with estimated annual fuel costs and other information for prospective purchasers. Dealers must display a copy of the Guide and provide copies to customers upon request.

There are a number of options available for dealers to comply.

• This month, EPA/DOE is electronically distributing the Guide to dealers for printing as needed.
• Dealers can download the file, save it and print it as necessary.
• Dealers can order hard copies of the guide here; by calling DOE’s Information Center at 877.337.3463 between 9 a.m. and 7 p.m. EDT; or by using a form to order copies by mail. Hard copies will be mailed, free of charge, in December 2011.

Click here for an EPA/DOE letter detailing how to make the Guide available to customers.

 

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  SAVE MONEY ON YOUR ELECTRIC BILL - DOZENS OF ILLINOIS DEALERS HAVE ALREADY ENROLLED AND ARE SAVING $1,000'S  
  IADA has endorsed BlueStar energy as our preferred Alternative Energy Supplier.  If you have Ameren or Commonwealth Edison as your electric supplier, find out what dozens of Illinois dealers have already found out.  There can be as much as 20% in annual savings by enrolling in the IADA/BlueStar plan and it’s easy to do!   Visit our website www.illinoisdealers.com and click on the BlueStar banner on the home page, or contact our office at 1.800.252.8944 and we will have a representative contact you.
 

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