An Official Publication of the Maryland Automobile Dealers Association SPRING 2012 The “How To” of Inventory Management “My focus is running my dealership—not worrying if my business is protected or how to generate income in my finance department. Zurich lets me do that.” One insurance company for your business insurance and F&I product needs In 2011, more than 1,300 dealerships purchased both business insurance and F&I products from Zurich. Products such as our Unicover® policy, which packages most of the coverages needed by dealerships into one policy. Or our Streamlined Selling System®, which can help you drive increased F&I profit. One company for all your needs, backed by 90 years insuring dealerships. Call Wayne Marchildon, Regional Sales Manager, at 404-981-0919 or Doug Avery, Regional Finance & Insurance Manager, at 804-836-6828. For more information visit www.zurichna.com/dealer. Visit FandIResourceCenter.com to register for our complimentary on-demand webinar — “Six Principles of Success in the New Economy” Insurance coverages and non-insurance products and services are underwritten and provided by individual member companies of Zurich in North America, including Universal Underwriters Insurance Company and Universal Underwriters Service Corporation. Certain coverages, products and services are not available in all states. ©2012 Zurich American Insurance Company 7910 Woodmont Avenue Suite 500 Bethesda, MD 20814 T: (301) 986-0600 F: (301) 986-0432 www.cbmcpa.com Councilor Buchanan Mitchell CPAs and Business Advisors For three generations, Councilor Buchanan Mitchell has been a leader in providing dealers with: ; Audits, Reviews and Compilations ; Business Succession Planning ; Business Valuations ; Cost Segregation ; Fraud Prevention Analysis Techniques ; Tax Planning ; Factory Consolidations and Preparation ; LIFO Inventory ; Buy-Sell Representation ; Estate Planning Members of the National Alliance of Auto Dealer Advisors (NAADA) and the CPA Auto Dealer Consultants Association (CADCA) For more information on our dealership business services, visit our website at www.cbmcpa.com or contact: James A. Tortorella, CPA Ü [email protected] John R. Comunale, CPA Ü [email protected] Keith A. Laudenberger, CPA Ü [email protected] 1921 – 2011 Celebrating 90 YEARS of EXCELLENCE SPRING 2012 COVER STORY 11 The “How To” of Inventory Management 19 24 Inventory is your most valuable asset. It also uses up most of your working capital. Carry too much, and you risk cash shortages and astronomical interest charges on your floor plan and line of credit. FEATURES 13 14 16 17 18 19 22 23 24 2012 General Session Wrap-Up. 2012 Auto Show Features New Highlights Legislative Reception Highlights. Support MADAF MADA Dealers Honored at 2012 NADA/ATD Convention Tax Implications of Dealership Facility Image Upgrades Two Maryland High School Students Take 6th Place in National Automotive Tech Competition MADA Dealer Receives 50-year Dealer Award from General Motors MADA Summer Convention Returns to Maryland MARYLAND AUTOMOBILE DEALERS ASSOCIATION DEPARTMENTS 5 Chairperson’s Message 7 President’s Message 8 Director of Dealer Services’ Message 16 2012 Upcoming Events 4 CHAIRPERSON’SMessage | MARISA A. SHOCKLEY T he Best Offense is a Great Defense A s we close a very successful first quarter and begin gearing up for a busy selling season, I have complete confidence that this will be a tremendously successful year for the New Car Dealers of Maryland. We are seeing continued economic improvement. This, combined with a return of consumer confidence, has resulted in a lot of activity in our showrooms and service drives. On the legislative front, we have just closed another session. As the saying goes, “the best offense is a great defense” and your Association staff proved that once again by successfully defeating numerous bills that threatened our industry, many before they reached final vote on the floor. Although this is good news, we must remain vigilant. The session closed without a compromised budget, and I expect that the Governor will call for a Special Session this summer. I’m sure that our industry will be examined as a source of revenue. To prevent any negative consequences, we will need our legislators to hear our collective voices loudly and clearly. I strongly encourage each of you to join us in Cambridge, as we have a special itinerary planned for you and your families. Enclosed you will find information about our Summer Convention. I look forward to returning to the lovely Hyatt Regency Chesapeake Bay Golf Resort, Spa & Marina. After two years of sharing the spotlight with Virginia, it will be good for MADA to be back on its own and coming home to Maryland. I strongly encourage each of you to join us in Cambridge, as we have a special itinerary planned for you and your families. Your Association staff and Board of Directors are committed to providing you the resources to help you gain success in 2012. MADA provides a wealth of information and guidance; I hope that you will take advantage of these resources. Please feel free to contact Peter Kitzmiller or myself with questions or concerns. On behalf of the Association, your continued support is appreciated. Sincerely, Marisa A. Shockley 2011 MADA Chairperson 5 Official Publication of the Maryland Automobile Dealers Association Maryland Automobile Dealers Association 7 State Circle, Suite 301 Annapolis, Maryland 21401 Phone: 410-269-1710 or 301-261-1717 Fax: 410-269-1549 E-Mail: [email protected] www.mdauto.org OFFICERS Marisa A. Shockley, Chairperson Tom Walls, Vice-Chairman BOARD MEMBERS Robert Adams Bill Aschenbach Kevin Bell J.P. Bishop Marc Cohen Jerry Dillard Michael Lynch Jack Saum, Jr. Sam Weaver, Immediate Past Chair David Williams, Jr., NADA Director ASSOCIATION STAFF J. Peter Kitzmiller, President Ethel Biensach, Director of Operations Albert Scrimger, Director of Dealer Services Travis Martz, Director of Government Industry Affairs Katie Jones, Public Relations Coordinator Charlotte Rutkowski, Membership/PAC Coordinator Questions and comments regarding this publication may be directed to Katie Jones at the Association office, 410-269-1710 or via e-mail, [email protected]. The Maryland Automobile Dealers Association provides IN GEAR as a benefit of membership in the Association. The statements and opinions expressed herein are those of the individual authors and do not necessarily represent the views of the Maryland Automobile Dealers Association or its publisher, Media Communications Group, Inc. Any legal advice should be regarded as general information. It is strongly recommended that one contact an attorney for counsel regarding specific circumstances. Likewise, the appearance of advertisers does not constitute an endorsement of the products or services featured by Media Communications Group, Inc. ©2012 Media Communications Group, Inc. All rights reserved. SPRING 2012 | www.mdauto.org Keeping your business in the driver’s seat for more than 80 years. We understand the auto dealership world inside and out. Home to one of the largest specialized auto dealership accounting practices in the Mid-Atlantic community, our team has provided business solutions to more than 160 dealerships for over 80 years. We know your business! www.cpabr.com | [email protected] Assurance Services | Internal Process Reviews | Succession Planning | Tax Strategies | Risk Assessment | Cash Flow Contact our dealership services group today! Maryland: Jay A. Goldman, CPA • 410.790.6928 Pennsylvania: Daniel P. Thompson, CPA • 717.761.7210 PRESIDENT’SMessage | J. PETER KITZMILLER Have a Prosperous Summer T he 2012 Maryland General Assembly has just ended and MADA had an extremely successful session. With your help, we defeated numerous bills that would have threatened the stability of our industry in Maryland. forward to a great 2012. I look forward to seeing you in June at our Summer Convention in Cambridge, MD. We return home to our Eastern Shore to host the event and I am confident that everyone who attends will come away with valuable business insights and strengthened industry ties. While we had a strong Legislative Session, some serious issues still remain. The Session ended on April 9th without a budgetary compromise. We fully expect that Governor O’Malley will call a Special Session to address the State’s budgetary needs. Again, there is a strong possibility that there will be bills introduced that may negatively impact our industry. MADA will be prepared to address these, but we will need your help in order to protect our interests. On behalf of myself and the staff of MADA have a safe and prosperous summer. Sincerely, J. Peter Kitzmller, President This year has gotten off to a strong start and I look BI;addgEaVcejihndj^ci]ZYg^kZg½hhZVi# BI;addgEaVc EZghdcVa^oZYhZgk^XZ AdXVaGZaVi^dch]^eBVcV\Zgh ;VhigZhedchZi^bZh You know that sales are built on relationships. So does M&T Bank. That’s why we provide every dealership with a dedicated relationship manager – averaging over 20 years of industry experience. Combine that with fast response times and the latest auditing and inventory technologies, and you get banking built for your business. For 60 years, we’ve helped dealerships get ahead with a full range of personalized solutions. Call us today at 410-244-4962 and learn what M&T can do for you. AZVY^c\ZY\ZiZX]cdad\^Zh lll#biW#Xdb$YZVaZghZgk^XZh © 2011 M&T Bank. Member FDIC. S-110508 (3/11) 7 SPRING 2012 | www.mdauto.org DIRECTOR OF DEALER SERVICES’Message | AL SCRIMGER Providing Individuals and Families With Affordable Insurance Plans M ADA understands that many employees are choosing to purchase individual insurance due to a variety of reasons. That is why we are pleased to tell you about one of our long standing Associate Member’s, Steve Salamon’s, new affiliation with HealthPlan Headquarters. HealthPlan Headquarters team of professionals can help you. Contact Steve Salamon at [email protected] or Julia Salamon at [email protected]. Sincerely, Al Scrimger Director of Dealer Services HealthPlan Headquarters strives to provide individuals and families with affordable insurance plans. Their team of experts can alleviate your worries. Whether you are looking for individual medical insurance for yourself, for your spouse, or for your entire family, they can assist you. Is your COBRA continuation coverage coming to an end? Or, are you just in search of a more affordable option? Think changing your DMS vendor is hard? Our 10-step informational guide makes switching your DMS easy Visit automate.com to download our FREE eBooks to help guide you through the DMS decision making and data conversion process @AutoMateDMS (877) 340 – 2677 MARYLAND AUTOMOBILE DEALERS ASSOCIATION A Dealership Management System Designed By Car People, For Car People™ 8 We offer more than products. We offer solutions. When you work with Protective you offer customers more than products; you offer solutions – solutions that allow people to embrace all today has to offer by protecting their tomorrow. Protective provides F&I solutions that simplify the selling process with easy to understand products, advanced training and reliable customer care and claims service. We are committed to your profitability by serving the increasing number of car buyers that are unprotected from the costs of future mechanical expenses. Like you, we believe in doing the right thing for the customer. Help your customers protect tomorrow and embrace today with F&I solutions from Protective Asset Protection. Learn more at protectiveassetprotection.com/brand Protect Tomorrow. Embrace Today.™ Vehicle Service Contracts I GAP Coverage I Credit Insurance I Lifetime Engine Warranty Limited Warranty I Dealer Participation Programs I F&I Training I Advanced F&I Technology Contact Protective’s Maryland representative, John Bartlett at 866.927.5448 Lifetime Engine Warranty, Limited Warranty, Vehicle Service Contracts (VSCs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VSCs are backed by Old Republic Insurance Company. GAP, Lifetime Engine Warranty and Limited Warranty are not available in NY. Credit Insurance is backed by Protective Life Insurance Company in all states except NY, where it is backed by Protective Life and Annuity Insurance Company. From driving operational efficiencies through navigating the road ahead. Opportunity at every step.™ For more than seven decades, we’ve helped auto dealers enhance their operations, improve their bottom line and navigate changing conditions. Delivering unwavering commitment, deep industry expertise, financial strength and a full range of customized solutions to help you succeed. Andy Werts Market Executive 1.404.787.0104 [email protected] Bank of America Merrill Lynch is the marketing name for the global banking and global markets businesses of Bank of America Corporation. Lending, derivatives, and other commercial banking activities are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., member FDIC. Securities, strategic advisory, and other investment banking activities are performed globally by investment banking affiliates of Bank of America Corporation (Investment Banking Affiliates), including, in the United States, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., all of which are registered broker dealers and members of FINRA and SIPC, and, in other jurisdictions, by locally registered entities. Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured r May Lose Value r Are Not Bank Guaranteed. ©2011 Bank of America Corporation. AR83I0W0 | DFS-103-AD BY THE NUMBERS | KEITH A. L AUDENBERGER, CPA The “How To” of Inventory Management I nventory is your most valuable asset. It also uses up most of your working capital. Carry too much, and you risk cash shortages and astronomical interest charges on your floor plan and line of credit. Carry too little, and you risk losing business to competing dealers and independent service stations. Manufacturer relationships call for both give and take. Sure, everyone has to accept some less-than-desirable items allocated to them by the factory. But stores with high volume, strong Customer Service Index ratings, and amicable relationships with factory representatives have the greatest leverage and are rewarded with the option of building more of their own vehicles. Many dealerships order vehicles, parts and accessories using gut instinct. But more scientific techniques for managing inventory can minimize inventory carrying costs. Whenever possible, try to order the inventory you want (a “pull” ordering system) rather than accept every item the factory “pushes” onto you. Pull, not push Find the method to the madness Start with an honest evaluation of your relationship with your franchisor: Is the factory pushing you to accept vehicles you don’t want – say, a large quantity of undesirable models or colors? Does your dealer operations manager aggressively talk you into buying parts and accessories every time he or she visits? Manufacturers have used cost accounting to improve operating efficiency for decades. Only recently have dealerships begun to look at their businesses in other terms: 11 Product-by-product margins. Analyze your gross profit for each product line, and stock SPRING 2012 | www.mdauto.org With less working capital tied up in inventory, you’ll need to borrow less and possibly have more cash for rainy day projects, such as sales training or remodeling. more high-margin items. Accessories – navigation and tire package upgrades, for instance – are known to be money makers. Fuel-efficient new and used cars also sell for more today. Before eliminating unprofitable products, evaluate why margins are low. For instance, a dealer discovered he was losing money on a hot new model with limited availability. Turns out, his salespeople were selling this vehicle below invoice, because his pay plan offered bonuses based on volume, not gross margin. High demand, limited supply models should bring a premium price, if your salespeople know their stuff and your pay plan motivates the right behaviors. Product mix. Next, evaluate whether your product mix is sufficiently broad and in tune with customer demand. New car buyers often access online inventory lists MARYLAND AUTOMOBILE DEALERS ASSOCIATION Turnover. Consider, too, how quickly each product line is selling. Stop ordering slow moving items, especially if they can be restocked quickly by the manufacturer. If you have a used car that’s been on your lot longer than, say, 45 days, it may be time to discount the sticker price or sell it at auction. Whenever possible, return excessive supplies of slow moving parts and accessories to the manufacturer. Often factories allow some returns within a prescribed time frame. If you install 25 air filters each week and it takes two weeks to process an order of filters, for example, you’d reorder anytime there are fewer than 50 filters on the shelf. Retake your inventory > Stephen M. Garton Senior Vice President Indirect Retail Sales Finance National Sales Manager 1-800-433-0067 ©2010 The PNC Financial Services Group, Inc. All rights reserved. PNC Bank, National Association. Member FDIC Also, stock a sufficient supply of aftermarket parts in addition to OEM parts. You may lose service revenues to independent service shops if you don’t offer cheaper fixes using generic aftermarket parts to customers after their warranties expire. Reorder point. Estimate a reasonable reorder point for every inventory item. That’s the quantity level that triggers a new order. Reorder point is a function of your volume and the purchase order lead time. You know your dealership. You need a banker who knows everything about financing it. > James Engel Vice President Commercial and Floor Plan Relationship Manager 301-493-5900 w vehicle specs and contact a store that has their new i hi with ith already on the lot. Foster your relationships neighboring dealers to expand your inventory base. If you can swap with another store quickly, you may prevent lost sales just because your inventory is lean. When sales are down, every sale must count. Inventory carrying costs include interest, storage, insurance, obsolescence and pilferage. These can quickly add up. With less working capital tied up in inventory, you’ll need to borrow less and possibly have more cash for rainy day projects, such as sales training or remodeling. Imagine the possibilities! Keith A. Laudenberger, CPA is an accounting and audit manager at Councilor, Buchanan & Mitchell, P.C. (CBM), and serves on CBM’s Automotive Industry Committee. He has more than 12 years of public accounting experience providing services to automotive, construction, real estate and technology companies as well as not-for-profit organizations and government contractors. BB PDF 1210-038 12 2012 General Session Wrap-Up P rior to the 2012 legislative session of the Maryland General Assembly, Governor O’Malley announced a plan to raise $800 million for transportation infrastructure through a 6% sales tax on gasoline purchases. The elevated price of gas and political displeasure over any sort of gas tax pushed the introduction of this proposal to late in the Session. While the Governor, County Executives and road development contractors all strongly favor a gas tax, the majority of the General Assembly was not able to justify voting for a gas tax in this economic climate. With all that being said, legislators acknowledged that money for transportation improvements must be raised. • Luxury Tax - This bill would have applied an additional 1-2% tax on all vehicles over $35,000. The threshold of $35,000 set in this bill would have impacted practically all vehicle models sold in Maryland. Result: Defeated. • Dealer Location Fee – MVA proposed a bill that would require each dealer location to pay a $500 license fee as opposed to current law which requires one fee for principal place of business. Result: Defeated. • Motor Vehicle Towing Practices & Procedures – This bill attempted to prohibit a dealer’s use of dealer tags on a tow truck. Result: Defeated. Protecting dealers from any tax/fee increase and/or vehicle trade-in tax difference repeal was the number one priority for MADA during the 2012 Session. As gas tax opponents argued against any gas tax, legislators needed to compensate for lost revenue from a lower gas tax proposal with other revenue measures that were not so politically volatile. MADA spent all 90 days stressing the importance of vehicle sales to the current tax revenue of the State and how any additional tax burden will make vehicle sales decline. Legislators closed the 2012 Session without passing any transportation revenue package. While it was another hard fought win for MADA, it is expected that a revenue proposal will be submitted again during a Special Session of the General Assembly or the next General Session. MADA will spend the interim educating legislators on the financial importance of car dealers to the State and local community. Other important pieces of legislation lobbied and soundly defeated by MADA included: • Tire Age Disclosure - This bill would have required dealers to provide a notice to all consumers buying tires and retain documentation if a tire was over three years old. This bill created great legal exposure for dealers. Result: Defeated. • Sales Tax On Services - This would have expanded the tax code to include sales tax on vehicle service work. This bill disproportionably impacted low income Maryland residents. Result: Defeated. 13 SPRING 2012 | www.mdauto.org 2012 Auto Show Features New Highlights T he 2012 Motor Trend International Auto ShowBaltimore welcomed the return of MINI, a crowd favorite, and exciting, new models from Fiat. Attendance at this year’s show was good and we received reports from dealers who sold cars as a direct result from a customer having attended the show the previous day! A popular feature, the GM Ride & Drive, returned this year. As an added bonus and to great excitement, we also welcomed the Chrysler Drive Experience! Both features were a huge hit, as customers test drove various models from Chrysler, Dodge, Jeep, Fiat, GMC, Buick, and Chevrolet. Passers-by loved checking out the vehicles as they sat on display in front of the Convention Center on Pratt Street each day. We certainly hope that these two features will remain a MARYLAND AUTOMOBILE DEALERS ASSOCIATION permanent fixture with future shows, as one of the best ways to decide upon a new car is driving it yourself! The 2012 show also highlighted two very popular features on Saturday, WWE Diva Beth Phoenix and King Robota. Fans eager to meet Ms. Phoenix lined up at least two hours in advance to get an autograph and a photo. The Diva was friendly and welcoming to her fans, particularly the youngest in the crowd. She even hung around for a little flirting and photo opportunity with King Robota, the eight foot tall “music-bot” that sang and danced in front of large crowds several times over the weekend. We look forward to sharing the latest and greatest with you next year! 14 Legislative Reception Highlights M ADA hosted yet another successful Annual Membership Meeting and Legislative Reception on January 17, 2012 in Annapolis. MADA Chairperson, Marisa Shockley, addressed our membership, noting that her first year serving as Chairperson increased her appreciation for the Association and the power we represent as a group. During the meeting, we were pleased to welcome Maryland’s 20112012 Teacher of the Year, Joshua Parker, a middle school English teacher from Windsor Mill Middle School in Baltimore County. Mr. Parker was gracious as he told us, “I bring thanks on behalf of all members of the #1 public school system in the country, your support means so much to all of us.” This marks the 11th year that MADA has served as a sponsor of the program and has awarded the gift of a new car to the winning teacher. When asked about the car, Mr. Parker said, “I ride in style and I ride in pride, because I’m riding in service to our community.” We also heard from local political guru and WBAL commentator, Blair Lee. Mr. Lee predicted that the recent 2012 General Session would be marked by budgetary concerns and attempts to reconcile the budget — a prediction which came true in several instances. Regarding the Transportation Trust Fund and expected talks of a gas tax increase, Mr. Lee indicated that the ability to pass the tax increase would depend largely upon the price of gas. During the business portion of the meeting, we approved Director, JP Bishop, to serve a second three-year term. We voted in three new Directors for a three-year term: Robert Adams of Adams Automotive in Annapolis; Kevin Bell of Win Kelly Chevrolet in Clarksville; and Michael Lynch of Academy Ford Sales in Laurel, MD. We also recognized Brand Fowler and Vincent Trasatti, Jr. for their service on the Board and De Willard, who represented Maryland in February as our 2012 TMQDA nominee at the NADA/ATD Convention. We thank everyone who attended this year’s meeting and reception and we look forward to seeing you at an upcoming Association event! 2012 UPCOMING EVENTS JUNE 2012 SEPTEMBER 2012 17-20 11-12 MADA Summer Convention, Cambridge, MD NADA Washington Conference, Washington, D.C. 12 MADA Annual Golf Outing Crab Feast, Queenstown Harbor MARYLAND AUTOMOBILE DEALERS ASSOCIATION 16 SUPPORT MADAF If you would like to make a financial contribution to MADAF in honor of someone who served Maryland’s automobile industry, please use the form below and return it to MADAF’s offices in Annapolis, MD. Please accept my gift in support of MADAF and its mission to support automotive education in the State of Maryland. Gift of $ _____________ (Your contribution is 100% tax deductible). Name(s): ____________________________________________________________ Company: ______________________________________________ Address: ________________________________________________________________ City/State/Zip: __________________________________________ Telephone: ________________ Email: _________________________________________ Payment Information Name: _________________________________________________ Charge: Visa Card Number: Master Card AmEx Expiration Date: ______ CID#: ________ Signature: ____________________________ Check Enclosed. Please make your check payable and mail to: Maryland Automobile Dealers Association Foundation 7 State Circle, Suite 301, Annapolis, MD 21401 MADAF’s mission is to provide educational benefits to those wishing career opportunities in the Maryland automobile industry. MADAF will fund such benefits through charity events and memorial opportunities in the name and memory of Maryland automobile industry leaders and pioneers. Test drive a proven performer. A safe workplace saves your dealership money down the road. Make sure you’re getting the most mileage out of your workers’ compensation insurer. IWIF Workers’ Compensation Insurance works with businesses all over Maryland to provide safe workplaces that reduce the number of accidents, increase productivity, and save money along the way. To learn more about workplace safety and to see how IWIF can partner with your dealership, contact your agent, call 800.264.IWIF or visit us at iwif.com. 17 SPRING 2012 | www.mdauto.org MADA Dealers Honored at 2012 NADA/ATD Convention T he 2012 MADA/VADA/WANADA Reception at the 95th Annual NADA/ATD Convention event was hosted on February 4, 2012 at the brand-new Chateau Nightclub at Paris Hotel in Las Vegas, NV. Special guests included De Willard and Geoff Pohanka who were both nominated for the 2012 TIME Magazine Dealer of the Year Award. De Willard, of Ideal Buick GMC Hyundai, represented Maryland and Geoff Pohanka, also a MADA member, represented the Washington Area New Auto Dealers Association. The TIME Magazine Dealer of the Year award is one of the automobile industry’s most prestigious and highly coveted awards for new-car dealers. Recipients are among the nation’s most successful auto dealers, but they must also demonstrate a long-standing commitment to effective community service. We congratulate De and Geoff on this honor! We would also like to thank all of our generous sponsors for their support of this year’s Reception. When making business decisions, we strongly encourage you to support those businesses that support your Association. • • • • • • MARYLAND AUTOMOBILE DEALERS ASSOCIATION 18 ADP Charapp & Weiss, LLP. Chesapeake Petroleum CVR Dixon Hughes Goodman Helion • JM&A Group • LoJack • Rifkin Livingston Levitan & Silver, LLC • Rosenfield & Co. • SunTrust Tax Implications of Dealership Facility Image Upgrades DAN THOMPSON & JAY GOLDMAN W ith the worst of the economic downturn hopefully in our rearview mirror, many dealers are considering renovations to their facilities. In a growing number of cases, the motivation is a factory mandated image program. If a dealer chooses to participate in one of these factory programs, there is likely to be a financial benefit to the dealer in the form of per car bonuses, additional allocations and/or financial assistance payments. Dealers frequently ask what the proper tax treatment is for this factory assistance. Many dealers are inclined to reduce the cost basis of the fixed assets. The consequence of this approach is reduced depreciation expense, which in essence spreads the income recognition of the assistance over the 5, 7, 15 or 39 year depreciation period. Unfortunately, 19 in the vast majority of fact patterns, it appears the IRS will conclude this is not the proper tax treatment. Building subsidies from your OEM generally are taxable as ordinary income in the year received or earned. The good news is that tax deferrals can be achieved two different ways — deferring income or accelerating deductions. By accelerating deductions, it is quite possible to end up in a similar tax position as deferring income. In addition, the deduction acceleration methods that are discussed below apply to any projects, whether they are subsidized by the manufacturer or not. Cost Segregation Studies The cost segregation study is a very valuable tool available to dealers to accelerate depreciation SPRING 2012 | www.mdauto.org on major capital expenditures. A cost segregation study can be performed on any newly constructed buildings, major renovations or purchased facilities. It does not need to be performed in the year of construction, renovation or acquisition. It can be performed in subsequent years and previous years missed depreciation will be deducted in the year of the study. The purpose of a cost segregation study is to carve out components of a project that are eligible for the shorter 5, 7 and 15 year depreciable lives as opposed to the default 39 year life. The benefits of a cost segregation study can be compounded when used in conjunction with Section 179 expense and Bonus Depreciation elections discussed below. Up to 20%-40% of the building costs are typically segregated to shorter lives as a result of a cost segregation study. Section 179 Expense For 2012, Section 179 of the tax code allows eligible businesses to deduct up to $139,000 of qualifying property in the year of acquisition rather than depreciating the item over its statutory depreciable life. Assets classified as 39 year property (i.e. non residential buildings) do not qualify for Section 179 deductions. There are limitations in terms of total acquisitions and taxable income and many states have lower limits than the Federal Tax Code, but if you are eligible, this expense can have a significant impact on taxable income and cash f low. Air conditioned showrooms. Brightly illuminated lots. How much do you spend on energy? Bonus Depreciation Bonus depreciation has been around, sporadically since 2001. In 2012, 50% bonus depreciation is available for assets placed in service this year. Unlike Section 179 expense, bonus depreciation is only available for purchases of new (not used) assets and assets classified as 39 year property do not qualify for bonus depreciation. Bonus depreciation does not have thresholds or phase outs, but is not recognized by many states. Repairs Expense Unlike fixed assets, repairs are deductible in the tax period incurred. Historically, there has been something of a fine line, or a gray area, between what is a fixed asset and what is a repair. The Treasury Department has issued temporary regulations that provide some clarity to this topic. It is widely believed if the expenditure does not materially add to the value of the property, does not appreciably prolong the life of the property, and does not adapt the property to a new or different use that it is a repair and as such can be expensed. It is possible many “image” upgrade programs will meet this definition of a repair. Qualified Leasehold Improvement Property For 2012, qualified leasehold improvement property is depreciated over 39 years; however it is eligible for bonus depreciation but is not eligible for Section 179 expense. In general, the property must be Section 1250 property, relate to the interior of a nonresidential building, made pursuant to a 3rd party lease, occupied by the lessee, and placed in service at least 3 years after the original placed in service date of the building. Examples of property that might qualify include electric, plumbing, doors, ceilings, lighting, etc. Entity Selection Before signing any contracts with contractors or agreements with the manufacturer, consider the tax consequences and which of your entities will be paying for and ultimately owning the improvements. Issues such as taxable income, residency, passive losses, tax basis, etc. may impact which entity is preferable. The majority of your energy bill is negotiable. EnerNOC is proud to serve the members of the Maryland Automobile Dealers Association. Our team of energy consultants have helped hundreds of companies throughout Maryland better understand their energy purchasing options and get the best possible deal for their business. Naturally your objective is to maximize cash flow, particularly in the year you have incurred a significant investment in facilities. Many dealers are disappointed when they learn that the assistance payment from the manufacturer is taxable immediately. However, using the strategies outlined above, you may be able to accelerate sufficient deductions into the current tax period to effectively offset a substantial portion of the taxable income generated by the factory assistance. Contact us today to learn more. )BS&ŝDŊQ>S 1OŝNB+ >FNŝGILB +"^ www.enernoc.com/solutions MARYLAND AUTOMOBILE DEALERS ASSOCIATION Daniel P. Thompson, CPA is a partner with Boyer & Ritter, CPAs and Consultants and is the partner in charge of B&R’s Dealership Services Group. Dan can be reached at 717-761-7210 or [email protected]. Jay A. Goldman, CPA is a senior manager with Boyer & Ritter, CPAs and Consultants. He is a key member of the Dealership Services Group. He can be reached at 410-790-6928 or [email protected]. 20 Two Maryland High School Students Take 6th Place in National Automotive Tech Competition C ongratulations to Parkside High School seniors, Brent Horner and Ryan Murray, and their instructor, David White, who recently competed in the prestigious National Automotive Technology Competition. MADA sponsored the team, the first in many years to represent Maryland. The competition was held during the 2012 New York International Auto Show from April 9-12. Out of the 30 teams competing from around the country and Canada, Brent and Ryan finished in 6th place! Among the long list of prizes they received included a Snap-On Tools Bag and a Snap-On cordless screw gun kit. They also received prizes from General Motors, Subaru, and Universal Technical Institute. The greatest prizes, though, came in the form of scholarships. Various schools such as University of Northwestern Ohio, Automotive Training Center, and Lincoln Technical Institute provided scholarships worth $35,500 in total amount! The students competed with a 2012 Chevrolet Malibu; the competition began with a list of problems and troubleshoots for which they had three hours to properly identify and correct them. Leading up to the competition, the boys had the use of a 2012 Malibu for practice purposes. Many thanks to Courtesy Chevrolet, of Salisbury, who graciously provided the vehicle. Congratulations Brent, Ryan, and Dave! Tom Cush Financial Advisor (410) 263-0177 Merrill Lynch One Park Place Suite 350 Annapolis, MD 21401 Federated Mutual Insurance Company Federated Service Insurance Company* Federated Life Insurance Company +RPH2IILFH(DVW3DUN6TXDUH2ZDWRQQD0LQQHVRWD 3KRQHZZZIHGHUDWHGLQVXUDQFHFRP Merrill Lynch Wealth Management makes available products and services offered by Merrill Lynch, Pierce, Fenner & Smith Incorporated, a registered broker-dealer and member SIPC, and other subsidiaries of Bank of America Corporation. © 2012 Bank of America Corporation. All rights reserved. AD-03-12-1308 ARM313M5-08-11 Code 444608PM-0312 MARYLAND AUTOMOBILE DEALERS ASSOCIATION *Federated Service Company is not licensed in the states of NH, NJ, RI, and VT. 22 MADA Dealer Receives 50-year Dealer Award from General Motors M ADA is proud to recognize Conrad V. Aschenbach, of King Buick GMC in Gaithersburg, upon reaching 50 years in service as a dealer. General Motors honored Mr. Aschenbach, in November 2011 with the 50 Year Dealer Award. In addition to this notable accolade, November 16, 2011 was also declared “Conrad V. Aschenbach Day” by the Mayor and City Council of Gaithersburg. In recognition of this rare and milestone achievement, we wish to include a portion of the letter which Conrad received from Mark Reuss, President of GM North America. We believe it speaks volumes to the character and legacy of Conrad: “The 50-Year Dealer Award award is an achievement reached by few, and is an acknowledgement of your commitment, perseverance, and your humble approach to a leadership in your market. Over the past fifty years as a General Motors Dealers, you have been responsible for the sale of nearly 100,000 new General Motors cars and trucks, and the service and care of countless thousands of General Motors owners. Furthermore, the King Buick GMC dealership has remained a pillar of the Gaithersburg and Montgomery County communities, and to this day, stands as a proud testimonial to your dedication toward your customers, your employees, and your family. On behalf of the entire General Motors organization, we congratu- late you on this esteemed milestone, and are truly grateful for your representation of General Motors.” Congratulations Conrad, you stand out amongst your peers! CHEAPSKATE CAR BUYERS ARE DOWNRIGHT PLEASANT COMPARED TO INFERIOR I.T. SYSTEMS. OUR AUTOMOTIVE I.T. EXPERTISE CAN HELP YOU SAVE MONEY. AND YOUR SANITY. You can deal with the occasional tough customer. But if your I.T. system hits a major snag, you could lose a lot of time and sales—and that’s something you certainly don’t want to deal with. Let our team of Automotive Business Technology consultants evaluate your systems and make it all work better—like we’ve done for dealerships across the country for more than a decade. Automotive Technologies Contact us to schedule your complimentary assessment. 443.541.1520 / [email protected] 23 SPRING 2012 | www.mdauto.org MADA Summer Convention Returns to Maryland PROVIDING LEGAL SERVICES TO AUTOMOBILE DEALERS M ADA is excited to return home and host our annual Summer Convention at the Hyatt Regency Chesapeake Bay Golf Resort, Spa & Marina in Cambridge! Please mark the dates and join us in June, from the 17th-20th on Maryland’s Eastern Shore! Automobile manufacturers, dealerships and franchises turn to Freeman, Wolfe & Greenbaum, P. A. for legal counsel in business transactions, franchise and dispute resolution. We have arranged for two well-respected speakers to join us. Chip Thomas has over 30 years sales experience in a Tennessee dealership and is now the owner of a sales training and consulting company. He has hosted sessions at previous NADA Convention and will share his sales insight and expertise with our members. Our second speaker, Bill Acheson, is a professor of nonverbal communications. He will instruct you in how to project your best image and the benefits that nonverbal communications can have on your bottom-line. In addition to our business speakers, we will also cover industry and legislative news. Our firm’s franchise law practice encompasses a full spectrum of business transactional and conflict issues for car dealers and other motor vehicle franchise owners. We all know that business is a focus at the Convention, but what would it be without a little F-U-N? To that order, we will host a Golf Tournament on Monday afternoon. If a day of golf isn’t to your liking, then how about an afternoon spent by the pool? The resort features a children’s pool with a waterslide, but there is also the serene Infinity pool complete with chaise lounges and umbrella drinks. Both Monday and Tuesday evenings will feature themed parties, “Margaritaville” on Monday and a “Monte Carlo” casino night on Tuesday complete with games and prizes! As an added treat to our memebers, MADA has arranged for a 15% discount at the Sago Spa during our stay, so please indulge! Q DEALERS I AC UISITIONS Q Q LEMON LA Q Q Q RODUCTS LIABILITY Q ARRANTIES RANC ISE ISSUES ROUTINE O ERATIONS LITI ATION We look forward to joining our members for some Eastern Shore hospitality. It’s the perfect place to share camaraderie with your fellow Association members and spend time with your family. For registration information, please contact Ethel Biensach or Katie Jones at MADA, 800.526.7423. We’ll see you in Cambridge! Register Today! June 17-20, 2011 Contact us for a case evaluation 410.321.8400 410.321.8407 fax www.fwglaw.com 409 Washington Avenue Suite 300 Towson , Maryland 21204 FREEMAN, WOLFE & GREENBAUM, P.A. MARYLAND AUTOMOBILE DEALERS ASSOCIATION 24 How can we help you focus on the road ahead? With SunTrust, you get a team of professionals who understand the needs of auto GHDOHUVLQ\RXUFRPPXQLW\:KHWKHU\RXQHHGWRÀQDQFHYHKLFOHLQYHQWRU\UHQRYDWH \RXUGHDOHUVKLSSURYLGHÀQDQFLQJIRU\RXUFXVWRPHUVRUH[SORUHVXFFHVVLRQSODQVIRU \RXUEXVLQHVVZHNHHS\RXUIXWXUHPRYLQJ How can we help you? Contact Dennis L. Stough, Senior Vice President, Commercial Auto Division, at 301.497.3447. For Indirect Financing, call Dealer Financial Services at 800.821.7006. Treasury and Payment Solutions Financing Solutions Advisory Services Debt and Equity Capital Raising Financing subject to normal credit criteria. SunTrust Bank, Member FDIC. © 2012 SunTrust Banks, Inc. SunTrust and Live Solid. Bank Solid. are federally registered service marks of SunTrust Banks, Inc. 25 SPRING 2012 | www.mdauto.org Advertiser Index Spring 2012 Attorney Charapp & Weiss, LLP .......................Page 25 Freeman, Wolfe & Greenbaum, P.A. ...................................Page 24 Auto Auctions Bel Air Auto Auction ............................Page 18 Banking/Finance Bank of America ....................................Page 10 BB&T Sales Finance ............................Page 26 M&T Bank .................................................. Page 7 PNC Dealer Finance ............................Page 12 SunTrust Bank ........................................Page 25 Car Rental Enterprise Rent-A-Car .........................Page 13 Certified Public Accountants Boyer & Ritter........................................... Page 6 Councilor, Buchanan & Mitchell ........ Page 3 Computerized Vehicle Registration New/Used Car Advertising Baltimore Sun/CARS.com................. Page 15 CVR ............................................................. Page 28 Computers and Technology Helion Automotive Technologies........ Page 23 Dealership Management Systems AutoMate Dealer Services .....................Page 8 Energy Advisory Services ENERNOC ................................................. Page 20 Finance & Insurance Atlantic Dealer Services ....................... Page 21 Financial Advisor Merrill Lynch ............................................. Page 22 Insurance Federated Insurance Companies ...... Page 22 IWIF Workers’ Compensation ............Page 17 Protective .....................................................Page 9 Zurich American Insurance ....................Page 2 Making a difference to your deals. BB&T Dealer Finance has been putting our knowledge and tools to work for dealerships like yours for more than 40 years. Our clients trust us to provide the financial products they need. But our superior client service – driven by attention, accuracy and responsiveness – can make a big difference in your sales. And we know that means even more opportunity for you. For local decisions made by lenders who understand your business, contact your local Dealer Finance center today. Annapolis 888-382-2274 Falls Church 800-348-6189 Dealer Financial Services BB&T is a Member FDIC. Loans are subject to credit approval. © 2012 Branch Banking and Trust Company. MARYLAND AUTOMOBILE DEALERS ASSOCIATION 26 Woodstock 800-382-2059 PRSRT STD U.S. POSTAGE PAID SALT LAKE CITY, UT PERMIT NO. 508 7 State Circle, Suite 301 Annapolis, Maryland 21401 THIS MAGAZINE IS DESIGNED AND PUBLISHED BY MEDIA COMMUNICATIONS GROUP 1.801.746.4003
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