Illinois Automobile Dealers Association Newsletter
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2013 IADA OFFICERS


Chairman
Gary Knight
Carmack Car Capitol
Danville

Vice Chairman
Mike Mangold
Mangold Ford
Eureka

Treasurer
Dave Taylor
Taylor Chrysler Dodge & Jeep, Inc.
Bourbonnais

Secretary
Sam Roberts
Roberts Motors, Inc.
Alton

President
Peter Sander
IADA
Springfield


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

Pete Sander
President
Ext. 103
psander@illinoisdealers.com

Larry Doll
Legal
Ext. 105
ldoll@illinoisdealers.com

Mark Harting
Administrative Services
Ext. 110
mharting@illinoisdealers.com

Mike Healey
Member Services
Ext. 107
mhealey@illinoisdealers.com

Joe McMahon
Legislative
Ext. 113
jmcmahon@illinoisdealers.com

Meghan Sander
Member Communications
Ext. 109
msander@illinoisdealers.com
     

 

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October 18, 2013    Vol 2013, Issue 20

 

  COOK COUNTY NON-TITLED PERSONAL PROPERTY USE TAX INVALIDATED  
 
On October 8th, Cook County Circuit Court Judge Lopez Ceprero ruled that the Cook County Non-Titled Personal Property Use Tax is invalid.  The Chicagoland Chamber of Commerce and a pair of Chicago law firms challenged the tax a tax as a violation of the state and federal constitutions.  Judge Ceprero had already issued a preliminary injunction suspending the tax.  Once Judge Ceprero issues his final order, Cook County will have 30 days to appeal.  
 
Beginning in May of this year, the Cook County Non-Titled Personal Property Use Tax applied to people and businesses residing or located in Cook County that purchased tangible property other than realty outside of Cook County for use within Cook County.    The tax applied to items such as office furniture, computers, or any other non-titled items purchased outside of Cook County and used within the county.   The tax did not apply to vehicles, although vehicles remain subject to the Cook County Home Rule County Use Tax. 
  
If you have any questions about the Cook County Non-Titled Personal Property Use Tax, please contact IADA at (217) 753-0220 or at ldoll@illinoisdealers.com.  
 
 
 

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  LEGAL REMINDER: MANUFACTURER INCENTIVE AUDITS  
 
IADA has heard from a number of dealers who are undergoing manufacturer incentive audits, with much of the activity focused on employee purchase programs.   In a typical employee purchase program, the manufacturer directs the dealer to sell a vehicle to an employee purchaser at dealer cost and promises to make a specific incentive payment to the dealer.  In almost all cases the incentive payment is a fixed amount that is known to the dealer at the time of sale and is subject to Illinois Sales Tax.  The Illinois Department of Revenue administrative rule covering dealer incentive payments can be found here.
 
Furthermore, some manufacturers cap the doc fee that a dealer is permitted to charge in an employee purchase at an amount below the $164.30 permitted under Illinois law.  Although there is no hard and fast statutory guidance requiring a dealer to charge to same doc fee to every customer, it is certainly a best practice to be as consistent as possible with the doc fee to avoid a disparate impact style lawsuit with a plaintiff alleging that a dealer tends to charge a higher doc fee to customers in certain demographic groups.  If your manufacturer caps the doc fee for employee purchases at an amount that is lower than what you charge to the general public, IADA recommends establishing a policy of charging your normal doc fee unless otherwise restricted by your sales and service agreement.
 
Finally, please remember that the manufacturer is limited to a one-year look-back on dealer incentive audits.
 
If you have any questions about manufacturer incentive audits, please feel free to contact IADA at (217) 753-0220 or at ldoll@illinoisdealers.com. 
 
 

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  NADA ENDORSES HIRING OUR HEROES PROGRAM  
 
The men and women of the U.S. armed forces, who bravely served and fought for our country, are facing huge hurdles when trying to find employment after leaving the military. There are 800,000 veterans without jobs, and with more than 1 million service members expected to leave the military over the next five years, we are called to help serve those who have served us. 
 
Veterans deserve a fighting chance when they return home. And that starts with finding a job. To join in this effort, the National Automobile Dealers Association has partnered with Hiring Our Heroes to raise awareness of career opportunities available at new-car and -truck dealerships. 
 
Hiring Our Heroes, sponsored by the U.S. Chamber of Commerce Foundation, is a nationwide effort to help veterans and their spouses find jobs in communities across America. 
 
Why hire a military veteran? Veterans possess real-world experience and skill sets that can only enhance our industry. They are team players who have proven leadership skills in the most diverse environments and demanding situations. 
 
To help expand career opportunities for military personnel and their families, we’re encouraging dealers to embrace the Hiring Our Heroes program by attending job fairs, posting dealership job openings on military employment websites and engaging in other media outreach initiatives.
 
So far, Hiring Our Heroes and its partners have hosted 600 job fairs across the country. These job fairs have provided accessible jobs to 20,200 men and women. And nearly 1,200 businesses have participated in the program to hire veterans and their spouses. To participate in a local job fair and find out dates and locations, visit www.uschamber.com/hiringourheroes/events.
 
NADA encourages you to spread the word about the partnership. Inform your community that you’re a “Proud supporter of Hiring Our Heroes” by branding your website. For examples, visit www.nada.org/heroesbranding.
 
Post comments on your social media platforms – with a link to NADA’s Hiring Our Heroes campaign at www.nada.org/hiringourheroes – and promote it throughout the year.
 
We encourage you to become a supporter of Hiring Our Heroes and get involved today. 
 
 
 

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  COMED'S CAPACITY COSTS ARE RISING  
 
AEP Energy’s goal is to help consumers understand their capacity costs, and how increased costs will affect their electricity bill. For example, ComEd’s capacity costs will increase 454%1 starting June 1, 2014. 
 
How Will Increased Capacity Costs Affect My Business’ Electric Bill?

Electricity is different from many commodities because it cannot be economically stored in large quantities. Capacity is one of the many electric service components affecting electricity prices for consumers. Capacity costs are determined through an auction, so prices can change year to year. 
 
For this reason, there must be sufficient generation – enough “capacity”– to produce electricity when demand on the grid is at its critical peak level. If the amount of electricity generated is not sufficient to meet demand during these peak times, the lights will go out. In order to ensure there is sufficient capacity, utility customers must pay capacity costs, either directly or indirectly, as a component of their electricity bill. 

What is Capacity?
 
Capacity costs are paid to power generators by electricity consumers to ensure generation supply meets demand. Capacity costs can differ from one utility to the next; therefore, the cost of capacity can vary.  
 
How can AEP Energy Help?
 
AEP Energy can help you identify how and when you presently consume electricity so your business can take proactive steps to reduce your future capacity costs. As your trusted energy advisor, AEP Energy can help you calculate how these changes will affect your company’s electricity costs and assist in developing a long term energy strategy for your business. 
 
ACT NOW to Control Electricity Costs. 
 
Please mention you’re a member of the Illinois Automobile Dealers Association (IADA) when you contact AEP Energy’s Expert Energy Team. Send a copy of your electricity bill(s) by fax or e-mail: 
 
(P)  312-488-5048 
(E) IADA@aepenergy.com
(F)  312-488-5049      
(W)  aepenergy.com/IADA      
 
By signing up with AEP Energy, a portion of our sales supports the IADA. For more information you may visit our website at AEPenergy.com. 
 
1 ComEd’s current capacity charges from June 1, 2013 - May 31, 2014 is $0.02845 kW-Day. ComEd’s published capacity charge is estimated at $0.12928 kW-Day from June 1, 2014 - May 31, 2015, which may result in a 454% increase.  
 
 
 

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  KPA: RECEIVE YOUR ADA MEMBER DISCOUNT TO ATTEND KPA's LAS VEGAS SYMPOSIUM ON NOV 5TH!  
 

Are you going to the SEMA (Specialty Equipment Market Association) convention in Las Vegas, November 5th - 8th?

Take advantage of a discounted registration and get the most out of your trip to Vegas by attending KPA’s Symposium.  

Is safety and environmental compliance important to your operations? 
Do you want to avoid employee accidents and reduce your insurance rates?
Are you interested in learning ways to increase your operation’s production?

Join KPA leaders and your peers in a collective explosion of information and inspiration.

KPA Symposium: Outside the Yellow Box 2013 

Get informed on best management practices that protect your bottom line
Engage with professional guest speakers on relevant topics such as alternative fuel vehicles
Hear about the latest regulatory activity and how it could affect your business
Preview KPA’s latest software and see how it can streamline your operations
Learn how to get the most out of your KPA Risk Management Consultant
Network with your industry counterparts and KPA’s leaders

See the agenda of speaking topics here. There are a limited number of seats so take advantage of this opportunity! 

Contact Trevor Stage, KPA Channel Partner Manager, for your discount discussion (303.228.2382 / tstage@kpaonline.com).

 
 

 

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  SAVE THE DATE - UPCOMING EVENTS!  
  The NADA Convention and Expo will be held January 24th - 27th in New Orleans. Dealer Registration and Housing is now available! Click here to register.

The IADA/CATA Annual Spring Conference will be held March 30, 2014 - April 3, 2014 at the Atlantis in the Bahamas. Register today! A U.S. Passport is required for travel in the Bahamas. Click here for information on acquiring or renewing your passport. More information coming soon.


 

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