CATA News

Tickets and coupons that admit the holder to the 2023 Chicago Auto Show free or at a reduced price can be ordered by CATA members using the order form posted at www.CATA.info.

The passes promote goodwill with customers and even can help persuade a prospect to close a deal. Two kinds of passes are available, General Admission tickets and Weekday Discount coupons. The former, which costs CATA members $7 each for a minimum 100 tickets, admits the holder to the auto show free, without a box-office wait. The coupon costs members $100 for 100 and admits the holder for $10 during the week. Regular adult admission is $15.

Click here to download the order form.

Chicago Automobile Trade Association (CATA) dealers are at the center of their communities and giving back during the holiday season is no exception to that standard.

From Jeeps on the Run to Fill the Van, dealers across the area rallied their communities to raise money and goods for those in need this holiday season. In its 10th year, Jeeps on the Run, in partnership with Ray Chrysler Dodge Jeep Ram, once again took over the streets of northern Illinois to bring Jeep lovers together for a good cause. This year’s event was a huge success!

Jeeps on the Run and Ray CDJR had a significant impact in their community:

Ray Scarpelli, president of Ray CDJR and Ray Chevrolet, is also in the running for the TIME Dealer of the Year Award. That ceremony is set to take place at the NADA Show this January.

Jeeps on the Run and Ray CDJR aren’t the only ones raising money and collecting items for Toys for Tots. Dealers from across the area are holding toy drives as well including Arlington Heights Ford, Elgin Hyundai and Apple Chevrolet.

Apple Chevrolet hosted its annual Toys for Tots event on Dec. 10 in conjunction with the Marines Toys for Tots Foundation. The day included free food, a live DJ playing holiday music, pictures with Santa, conversations with U.S. Marines and an appearance from ABC 7 Chicago’s Tracy Butler.

By the end of the event they filled three Humvees (large military trucks) with toys for donation.

Advantage Chevrolet of Bolingbrook hosted a “Fill the Van” event this month with the DuPage County Area Project (DuCAP). Now in the 13th year, this partnership sponsors local families in need of food and gifts. The showroom Christmas tree was decorated with families’ wish lists for customers to fulfill.

These are just a few examples of the many generous events happening throughout the Chicagoland area this season. Dealers make a difference and we thank you for all that you do for our communities during the holidays and year-round. Does your dealership or organization deserve to be spotlighted in an upcoming CATA e-Headlines? Let us know.

Tuesday, December 27 | 1pm-2pm ET

Presented by:

Join experts from NADA and the Alliance for Automotive Innovation as they review the vehicles and customers that may be eligible for these tax credits. They'll also discuss how dealers may best obtain the information that must be disclosed at the point of sale, how these credits likely will change in the future, and how to get additional information. This webinar is designed for dealers, new, used, and F&I sales managers, accountants and attorneys. REGISTER.

[courtesy of CATA member Woodward & Associates]

2022 YEAR-END CHECKLIST FOR DEALERS
Woodward & Associates
P.O. Box 1584, Bloomington, IL 61702
309.662.8797

As another tax year comes to a close, it is time to consider your tax planning opportunities and year-end tasks.

Year-End Planning:

1. Owners who operate their businesses as sole proprietors or as a pass-through entity such as Partnerships and S Corporations are potentially eligible to a deduction of up to 20% of their qualified business income (QBI). The deduction can be maximized through salary planning and entity aggregation.
2. The Section 179 expensing limit for 2022 is $1,080,000 with a $2,700,000 investment limit phase-out. This allows businesses to expense the cost of fixed assets such as equipment and furniture and fixtures. This expensing opportunity is also available for certain qualified improvements to property. Consider placing eligible assets into service before the end of 2022 to take advantage of this expensing limit.
3. 100% bonus depreciation also can be used to write off the cost of both used and new fixed assets that are placed in service before year end. The amount is reduced to 80% for assets acquired and placed in service in 2023. This is not available if you will need to use the floor plan interest exception to fully deduct interest expense for 2022. For tax years ending on or after December 31, 2021, Illinois no longer allows a deduction for bonus depreciation.
4. If you plan to make any charitable contributions, consider making them in 2022 to receive a tax 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. With the increase in the standard deduction, consider bunching two years of contributions into one year in order to benefit from itemizing your deductions.
5. Confirm you have made all required personal and corporate income tax estimated payments for 2022 and see that your personal income tax withholding is adequate.
6. Consider maximizing your 401k retirement contribution, which is $20,500 for 2022. An additional $6,500 catch up deferral is allowed for age 50 or over.
7. If you or the dealership own stock that has unrealized losses, consider discussing with your tax or investment professional the benefit of selling them by year end to offset realized gains recognized earlier in the year.
8. Confirm you have substantiation for your 2022 meal and travel expenses. Travel expenses continue to be 100% deductible. Meals, including those provided to employees purchased from a qualified restaurant are 100% deductible. Entertainment expenses are not deductible.
9. Accrued interest on loans from shareholders and other related parties, as well as rents, must be paid in order for the dealership to deduct these amounts in the current year.
10. The pass-through entity income tax election (Illinois and certain other states) allows owners to increase their federal deduction for state taxes and bypass the $10,000 SALT limitation. This tax must be paid by December 31, 2022 to be deductible in 2022.

Keep the Accounting Records Open at the End of December:

1. Maximize LIFO deductions. Record all new vehicles that were built and invoiced in 2022 as vehicle purchases in 2022 by keeping the new vehicle purchase journal open the first few days of 2023.
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.
3. 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 and disposed of by year end.
4. Make sure all miscellaneous inventories are adjusted to actual, including labor inventory, sublet, gas-oil-grease, etc.
5. Record December finance chargebacks in December.
6. Keep your accounts payable journal open to record all 2022 expenses in 2022.
7. If you did not pay your 2022 real estate taxes by year end, adjust your property tax payable account to equal what you anticipate it will be.
8. If any vehicle deal is not a 100% completed deal in 2022 (all paperwork and funding in 2022), then treat it as a 2023 vehicle sale.
9. All wages and commissions paid in 2023 for 2022 services should be accrued in 2022. Make sure the first payroll in 2023 (even though some portion of the payroll was for 2022 services) is not included on your W-2s for 2022, but will instead be on the W-2s for 2023.
   1.  All accrued payroll for non-shareholders must be paid no later than March 15, 2023 to be deductible in 2022.
   2. 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% including related party interests) in order to take a 2022 tax deduction.
   3. If you are an S Corporation, wages to any shareholder (or certain related family members) cannot be accrued and deducted for tax purposes. You must pay them in 2022 and include the wages on the 2022 W-2.
10. Distributions paid to S Corporation shareholders should be equalized in accordance to their ownership percentage before year end.
11. Reconcile, where possible, all balance sheet accounts before closing the year.

Additional Year-End TO DOs:

1. If you are not on LIFO for used vehicles, adjust all of your used vehicles to current wholesale market value at year end. On an annual basis, used vehicle LIFO should be discussed with your tax advisor.
2. Businesses should consider the “de minimis safe harbor election” to expense the costs of lower value capital assets, materials, and supplies. Regulations allow businesses to write off small asset purchases. The safe harbor amount that can be written off is up to $5,000 per item or invoice if you have an audited financial statement and $2,500 if you do not. However, you can set a write-off policy at any level that is material to you. (As long as the write-off policy is at or below these thresholds, the regulations will support the expensing treatment.)
3. Review all past due accounts receivables, including employee receivables. Write off those receivables that are uncollectible.
4. Review prepaid assets and expense all items in this account that are not valid as prepaid at year end.
5. All payroll tax and sales tax payable accounts must equal the actual amount of the applicable taxes paid in 2023 for the 2022 fourth quarter and year-end filings.
6. Compute the December 31, 2022 accrued vacation wages payable and adjust the books accordingly. Accrued vacation wages paid January 1, 2023 through March 15, 2023 are deductible in 2022 for tax purposes. No vacation accrual is allowed for any shareholders.
7. Review bank reconciliations for checks (including payroll checks over 60 days old) not expected to clear. These checks should be voided and reissued.

Year-End Tax Reporting:

1. IRS Form 1099-NEC must be issued to all individuals who are not employees and all unincorporated businesses who received $600 or more for payment for services, commissions, or fees. This includes payments of fees for services to all attorneys, whether incorporated or not. Form 1099-MISC must be issued for all rents, royalties, prize, awards, and other income paid to non-corporate taxpayers, including shareholders. Forms 1099-INT and 1099-DIV must be used to report interest payments to shareholders and others and dividend payments to shareholders, respectively. 1099-NEC forms must be filed with the IRS and sent to recipients by January 31, 2023. 1099-MISC, 1099-INT and 1099-DIV forms must be filed with the IRS by February 28, 2023 if you file on paper or March 31, 2023 if you file electronically and must be sent to recipients by January 31, 2023.
2. W-2s for S Corporation shareholders must include in wages health insurance premiums paid by the corporation. This amount is not subject to social security or Medicare tax.
3. W-2s are required to be filed electronically if there are 250 or more.
4. Under the Affordable Care Act, if you have 50 or more full-time or full-time equivalent employees, you are considered an Applicable Large Employer (“ALE”). ALEs are required to complete Form 1095-C, Employer-Provided Health Insurance Offer and Coverage for all full-time employees. 

Review Procedures for the Use of Demonstrators to Ensure You Comply With the Current IRS Regulations:

1. All individuals who are provided a demo to drive should sign a written demonstrator agreement.
2. There are two IRS approved methods that can be used for full-time salespeople. The first 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, for a vehicle valued at $40,000, the daily inclusion is $9.00. Under this method, employees are not required to maintain logs. The second method provides them with tax-free use of the demo. This method is fairly complicated and restrictive.
3. For employees who are not full-time salespeople and any other individuals who drive demos, 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 versus personal use of the vehicle.
4. 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. This income is subject to social security, Medicare tax, state, and federal withholding. Shareholders not on the payroll and any other non-employees must be issued a Form 1099-MISC for the income.
5. You can obtain more information about the personal use of autos, including sample demonstrator agreements, by requesting our Dealer Demonstrator Guidelines.

Other:

1. Form 8300 must be filed if you receive cash in excess of $10,000 from a customer. This includes cashier checks, money orders, and traveler’s checks except those issued by financial institutions requiring a lien on the vehicle.
2. If the dealership has a Section 125 plan (cafeteria plan), make sure eligible employees complete the 2023 election forms before the first 2023 payroll. Remember that stockholders owning more than 2% in S Corporations (LLCs, etc.) are not eligible to participate.
3. If you offer a health care Flexible Spending Account (FSA) as part of your cafeteria plan, in order for it to be a qualified benefit under a cafeteria plan, the maximum salary reduction contribution to the health care FSA for 2022 is limited to $2,850. Stockholders owning more than 2% in an S Corporation or an LLC are eligible to participate with certain restrictions. If your company offers a qualified high deductible health insurance plan, you and employees might be able to contribute to individual Health Savings Accounts (HSAs). Contribution limits for 2022 are $3,650 for an individual and $7,300 for a family with a $1,000 additional contribution for those who are age 55 and over.

Here are the results from the 2022 CATA Dealer Holiday Hours Survey.

Former CATA and Chicago Auto Show Chairman Mike McGrath, Sr. passed away on Monday. Nov. 28 at the age of 75. McGrath, Sr. was CATA Chairman in 2002-03 and Chicago Auto Show Chairman in 2004. Visitation was Tuesday, Dec. 6. In lieu of flowers, donations can be made to USO of Illinois, www.uso.org, 312-822-6699. More information can be found here. 

[NADA] The Federal Trade Commission on Nov. 15 announced it is extending by six months the deadline for companies to comply with some of the amendments to the FTC’s Safeguards Rule. Earlier this year, NADA submitted comments to the FTC seeking an extension of the deadline. The deadline for complying with some of the updated requirements of the Safeguards Rule is now June 9, 2023.

The provisions of the updated rule specifically affected by the six-month extension include requirements that covered financial institutions:

• designate a qualified individual to oversee their information security program,
• develop a written risk assessment,
• limit and monitor who can access sensitive customer information,
• encrypt all sensitive information,
• train security personnel,
• develop an incident response plan,
• periodically assess the security practices of service providers, and
• implement multi-factor authentication or another method with equivalent protection for any individual accessing customer information.

Dealers are encouraged to continue in their efforts to expeditiously comply will all the new requirements of the Rule but should consult with their attorneys, service providers and IT professionals about the potential impact of this deadline extension. More information can be found here: https://www.nada.org/nada/issues/issues/ftc-safeguards-rule.

CATA will be sending 2023 dealer kits to dealer members shortly after the new year. These kits include:

• CATA window decal
• Annual Report & Membership directory
• DOC fee poster
• 2 CAS honored guest tickets
• 50 CAS Employee Appreciation Day tickets
• 200 CAS vouchers for half-priced tickets
• 2 CAS posters
• 2 CAS poster easels
• 1 FLFC poster
• 1 FLFC invite + response card
• 1 order form for complimentary tickets
• 1 order form to Adopt a School

While factory direct sales have been a shiny button in auto retail over the last decade, new research shows that when it comes to customer satisfaction, local new car and truck dealerships dramatically outperform their direct seller counterparts.

According to research by Pied Piper Management Company, luxury brands Cadillac, Infiniti and Mercedes-Benz held the top spots in customer satisfaction among 25 luxury brands. Direct sellers Tesla, Lucid and Rivian scored 21st, 23rd and 25^th, respectively.

Pied Piper’s process measured customers’ shopping experience, starting with responsiveness to website customer inquiries, and continuing when customers visited retailers in-person. Measurement of responsiveness to website customer inquiries was based upon 22 best-practice behaviors, while effectiveness of shopping in-person was based upon more than 50 best-practice behaviors, using 1,657 measurements of response to website customer inquiries, and 1,096 measurements of the in-person sales experience. The evaluation took place between July 2021 and July 2022.

“We have found that when their customers reach out for help or with questions, they are usually met with brand reps who answer only simple, scripted questions without being proactively helpful,” said Fran O’Hagan, CEO of Pied Piper, regarding direct sellers Tesla, Rivian and Lucid. “It’s a missed opportunity that does not currently compensate for the missing retail experience.”

O’Hagan continued: “Tesla compares poorly today for helping website customers too. … Tesla’s model today appears to be, ‘If you want what we sell, and require no assistance, it’s easy to order.’”

For more information on Pied Piper’s study, click here. 

[Automotive News] Auto dealerships have another six months to beef up their consumer information security following a Federal Trade Commission Safeguards Rule extension announced Tuesday, Nov. 15.

The last-minute reprieve moves the date for dealerships and other financial institutions to comply with the revamped Safeguards Rule, from Dec. 9, 2022, to June 9, 2023. The Safeguards Rule is part of the Gramm-Leach-Bliley Act regulating business customer information practices.

FTC commissioners voted 4-0 in favor of the extension. On Monday, Nov. 14, FTC Commissioner Christine Wilson issued a separate statement noting that she still opposes the FTC's 2021 decision to change the rule in the first place.

The agency cited reports — including from the Small Business Administration Office of Advocacy — of a lack of qualified personnel to oversee the changes and businesses having difficulty sourcing necessary technology.

"These difficulties were exacerbated by the COVID-19 pandemic," the FTC wrote in a news release Tuesday. "These issues may make it difficult for financial institutions, especially small ones, to come into compliance by the deadline."

The National Automobile Dealers Association, auto lender trade group American Financial Services Association, credit bureau organization Consumer Data Industry Association and collections association ACA International made a similar point in a July letter to the FTC. The associations had requested a year-long extension, to Dec. 9, 2023.

"Our members appreciate the FTC's work to protect customers' information," NADA and the others wrote. "At the same time, the residual effects of COVID-19 on the labor market and supply chain, as well as dueling regulatory demands and the technological changes required for proper compliance, make it difficult for covered entities to uplift their information security programs to meet the requirements in the Final Rule."

NADA did not respond to a request for comment. AFSA said it appreciates the FTC's action.

"AFSA member companies provide crucial services in our economy," AFSA Senior Vice President Celia Winslow said in a statement. "Extending the implementation date of the rule means that companies will be able to make appropriate enhancements to systems and staffing, ultimately benefiting consumers."

The Small Business Administration Office of Advocacy, an independent SBA entity tasked with advancing the views of small businesses, wrote to the FTC in August asking for an additional year, citing similar points as the trade groups.

The updated Safeguards Rule instituted in 2021 lists nine elements that must be found in a dealership's cybersecurity program by the compliance deadline.

A business must hire or outsource a "qualified individual" to oversee the program and report to company leadership; assess risks and act to minimize them; have an incident response plan should a breach occur; test or monitor its system; train staff; monitor vendors for information security; and adapt the system to changes at the business or other developments.