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You are here: Home / 2011 / Archives for January 2011

Don’t be the Dealer with a Related Finance Company Boondoggle

January 19, 2011 by admin Leave a Comment

One area that many Buy Here Pay Here dealers struggle with is the accrual method of accounting. Without tax planning and structuring, you will pay taxes long before you ever receive the cash payments from customers. This is not a new problem, and you are probably aware of this issue as you read this. I want to bring to your attention some common sense that isn’t so common.

Many dealers create a Related Finance Company (RFC) to basically convert the recognition of income from Accrual to the Cash basis of accounting. This is where the risk and reward of operating a BHPH dealership get blurred. The fact of the matter is that a RFC is a separate company and should be operated as such. This includes many fixed operating costs that are not easily overcome. Think of all the fixed cost you already have in your dealership without selling a single car. Electricity, Property taxes, Rent, Accounting, and Legal are only a few of the normal expenses that a dealer has at bare minimum. That is just to keep the doors open. It would stand to reason that these are many of the same expenses that in most cases should be duplicated just to operate a finance company.

Generally when dealers ask me when it makes sense to start a RFC, I tell them around One Million in receivables. That may sound like a lot, but that is where the savings breaks even with the additional costs incurred to structure and properly run the RFC.

Let’s look at the Cash Flow of selling vehicle retail vs. selling it BHPH. It will be one vehicle with a cost of $2,000 and the sales Price of $5,000. We will also assume a $500 down payment for the BHPH scenario.

Retail Sale Transaction     BHPH Sale Transaction  
Vehicle Cost -2000   Vehicle Cost -2000
Sale 5000   Sale 5000
Taxable Income 3000   Taxable Income 3000
         
Retail Sale Cash Flow     BHPH Sale Cash Flow  
Vehicle Cost -2000   Vehicle Cost -2000
Cash from 3rd Party Finance 5000   Cash Down Payment 500
Gross Positive Cash Flow 3000   Principal received Y1 1600
40% Blended Tax Rate -1200   Gross Positive Cash Flow 100
Net Positive Cash Flow 1800   40% Blended Tax Rate -1200
      Net Negative Cash Flow -1100

So immediately you realize that BHPH can be a real cash drain. So what can be done? You can set up a RFC. Now let’s further my example and assume that your notes receivable are 1 Million dollars.

Total Note Receivable Balance FMV

      1,000,000

FMV Discount Percentage

30%

  Tax Deduction

        300,000

Tax Rate (Blended)

40%

  Tax Deferral Amount

        120,000

Return on Investment from Dealership

25%

     
Cash Saved on Deferral

          30,000

     
Increase in Annual Operating Costs  
  Incorporation/Accounting/Legal/Rent

         (15,000)

  Annual Cost for increased Documentation,
Computer Work, etc.

         (10,000)

  Net Benefit

            5,000

This means that you will net a benefit of $5000 by setting up a RFC. But does that make sense? You can look for yourself above and probably rationalize that you could do better in one area or another, but realistically you will be close to the above result. My point is that you don’t want to create a lot of additional structure if it isn’t going to net a significant benefit. You will incur a lot of time managing the RFC. This is time spent by you to do the proper paperwork, title work, sale, and transfer etc. If I were to tell you that you spent approximately 5 additional weeks of your time in a year managing the RFC and only got paid $5,000 for it you would be very upset. That additional time could probably have made you more money doing something else and been much less of a headache.

Now look at an example with additional notes receivable. Notice that the fixed cost remains the same.

Total Note Receivable Balance FMV

      2,000,000

FMV Discount Percentage

30%

  Tax Deduction

        600,000

Tax Rate (Blended)

40%

  Tax Deferral Amount

        240,000

Return on Investment from Dealership

25%

     
Cash Saved on Deferral

          60,000

     
Increase in Annual Operating Costs  
  Incorporation/Accounting/Legal/Rent

         (15,000)

  Annual Cost for increased Documentation,
Computer Work, etc.

         (10,000)

  Net Benefit

          35,000

That is a different picture isn’t it? The overall time managing the RFC does not change. In reality your fixed costs may rise slightly, especially if you have to hire someone to manage the RFC for you, but the more it grows the more it makes sense from a financial perspective.

What I have seen lately 

Some dealers are exploring if they should do something prior to doing it and others are not. It is always best to have all possible information prior to making any big decision. You can cause yourself a lot of work and heartache by creating complexity that is not necessary. Keep in mind that corporate structuring is not something that should be taken lightly and a RFC is only one factor in a much larger picture. When speaking to your CPA and Attorney, they should always be able to tell you if not doing something is the correct course of action.

Click here for more Dealership Articles

John Donaldson, CPA

704-926-3300

jdonaldson@gotopotter.com

www.gotopotter.com

Filed Under: Dealer News

How Your Company Can Go Green

January 18, 2011 by admin Leave a Comment

At least one-third of new construction projects in the residential market are green-related, according to a recent study by McGraw-Hill Construction. 

This now-clear green trend provides telling data for contractors still suffering with uncertainty in the new home construction market. The trend is also apparent in commercial and governmental arenas as corporations, universities and municipalities advertise their good citizenship while addressing environmental issues and cost-cutting opportunities.   

How does a construction company go green and take advantage of green trends? Here are five ways to kick-start the process:Green construction 

  • Review the materials and products you currently use in traditional projects.
  • Learn the tax incentives available for green building and energy products.
  • Be an entrepreneur.
  • Look for a partner.
  • Educate and analyze.

Today, almost every major trade supplier has a line of green products that they are anxious to deploy. Many are offering rebates on these products to encourage interest from buyers. Meet with supply representatives to educate yourself about buying opportunities and to understand the benefits of these products in terms of cost savings and efficiency for you, as well as for your customer – the end user. Question why these products are being introduced and how their benefits translate to the building owner over the long-term.The tax laws, particularly those passed as part of the American Reinvestment and Recovery Act, continue to include tax reductions, credits and other cost-saving opportunities for projects related to renewable energy systems, employee training and education initiatives, or new job creation programs. These are all viable projects that businesses can use to benefit from new tax incentives.Capturing the entrepreneurial spirit may sometimes simply mean looking at a challenge from a new angle. For example, while awaiting improvement in new housing demand, some developers have built solar farms on what otherwise would be idle land inventory. By selling the energy harnessed by the farm to a utility or other nearby consumer, a new cash-flow stream has been created to cover the carrying costs of the development until market conditions become more favorable.In time, as demand heats up, the solar panels can be rearranged and incorporated into the development design. This approach enables these developers to hold inventory longer and create a residual revenue stream.Without adding too much stress to your life, consider taking on a business partner. In New Jersey, the Department of Transportation and the Economic Development Authority are partnering with builders that can make development reform legislation a reality and move objectives forward.For instance, to upgrade mass transit capabilities, hub locations in certain urban areas are receiving ownership and building incentives to attract property owners (to absorb the properties into the market) and builders to develop the projects.Such high-density projects are being built in partnership with contractors and with green incentives numbering well beyond those offered on projects just three years ago.Change and uncertainty often bring anxiety. As a result, builders will need to educate themselves, their workers and customers about the benefits of a green project. Customers will need to see cost justifications, not just expected positive social impact, for green changes.Bankers, appraisers and insurance professionals should be part of the process. Pro formas, budgets and cost estimates should be reworked so that the project’s return on investment and profitability benchmarks are met.

Filed Under: Construction News

Will New Accounting Standards Affect You?

January 12, 2011 by admin Leave a Comment

Real estate investors and builders as well as financial statement preparers need to be well-informed and prepared for the impact International Financial Reporting Standards (IFRS) will have on financial statements.

The Securities and Exchange Commission has developed a proposed roadmap to help U.S. companies make the transition to IFRS. Since the release of the proposed roadmap in 2008, the SEC has yet to commit to the adoption of the international standards.

However, the convergence of U.S. generally accepted accounting principles (U.S. GAAP) and the international standards has recently changed gears and increased in momentum.

Over the next couple of years, monumental changes will have a costly and significant impact on all industries and companies reporting under U.S. GAAP. Arguably, the real estate industry is close to the top of the list.

Condos

Prominent changes to U.S. GAAP have resulted from convergence.

Business combinations and noncontrolling interests are possibly the most important convergence issues currently pertaining to real estate because the new standards have had a significant impact on real estate developers and investors.

Also, new U.S. GAAP pronouncements have already affected fair value guidance because U.S. GAAP and IFRS have differing definitions and usages of fair value.

Regardless of the SEC’s ultimate decision to either stick with U.S. GAAP or shift to IFRS, the accounting rules are changing for real estate companies in the near future. These companies should be aware of the following examples of major reporting issues resulting from the adoption of IFRS or the convergence of U.S. GAAP and IFRS.

Accounting for Investment Properties

When real estate companies adopt the international standards, one of the most significant accounting policy elections is the recognition of investment properties. Investment properties are initially measured at cost in accordance with International Accounting Standard (IAS) 40. However, IAS 40 provides for an election on subsequent measurement as follows:

  • Fair value model – If the fair value model is elected, all investment properties must be measured at fair value unless it is indeterminable. Changes to the fair value from period to period are recognized in profit or loss.
  • Cost model – If the cost model is chosen, generally, investment properties are measured at cost in accordance with IAS 16, Property, Plant and Equipment. However, if the cost model is elected, the fair value of the investment properties must be disclosed in the notes to the financial statements, with very limited exceptions.

 

Certain properties are specifically excluded from being classified as investment properties in accordance with IAS 40.

On March 10, 2010, the Financial Accounting Standards Board added a project to decide whether to permit or require investment properties to be carried at fair value.

Construction Contracts

The IFRS Interpretations Committee, formerly known as the International Financial Reporting Interpretations Committee (IFRIC), released IFRIC 14, Agreements for the Construction of Real Estate, which provides guidance on when revenue should be recognized from the construction of real estate assets.

The adoption of this interpretation (effective Jan. 1, 2009) could lead to a significant number of real estate developments being treated as “sales of goods.” A sale of goods falls within the scope of IAS 18, Revenue. It would preclude the use of percentage-of-completion accounting under IAS 11, Construction Contracts, because the sale would be recognized when an individual unit is delivered to the customer.

Impairment

IFRS has only a one-step impairment test based on recoverable amount in accordance with IAS 36, Impairment of Assets. The carrying value is compared with the asset’s recoverable amount. The recoverable amount is defined as the higher of the asset’s value in use, which is based on the discounted future cash flows, and fair value less costs to sell.

If higher, the asset is written down to the recoverable amount. As a result, impairment losses are generally recognized sooner and more frequently under IFRS. In addition, impairment losses may be reversed if recovery occurs.

While wholesale changes have yet to be seen, convergence will have a significant impact on real estate companies in the next couple of years. Being caught off guard could prove to be not only costly but detrimental. Companies should begin to prepare for these changes through education and identify any shortcomings now.

Filed Under: Construction News

New Tax Laws Affecting Small Businesses and Self-Employed Individuals

January 12, 2011 by admin Leave a Comment
  • Health insurance deduction reduces self-employment tax – Self-employed taxpayers who pay their own health insurance costs can now reduce their net earnings from self-employment by these costs for purposes of computing their self-employment tax. Previously, the self-employed health insurance deduction was allowed only for income tax purposes.
  • Small business health care tax credit – This credit is available to small employers that pay at least half the premiums for single health insurance coverage for their employees. It is specifically targeted to help small businesses and tax-exempt organizations that primarily employ moderate- and lower-income workers.
  • General business credit for employers – Eligible small businesses are able to use their general business credits to offset both their regular income tax liability and their alternative minimum tax in 2010.
  • Higher expensing/depreciation limits – For tax years beginning in 2010 and 2011, small businesses can expense up to $500,000 of the first $2 million of certain business property placed in service during the year.
  • Depreciation limits on business vehicles – The total depreciation deduction for a passenger automobile used in a business and first placed in service in 2010 is increased to $11,060. The maximum deduction for a truck or van used in a business and first placed in service in 2010 is increased to $11,160.
  • 50- or 100-percent bonus depreciation – Businesses that acquire and place qualified property into service after Sept. 8, 2010, can now claim a depreciation allowance of 100 percent of the cost of the property. The property must be placed in service before Jan. 1, 2012, (Jan. 1, 2013, in the case of certain longer-lived and transportation property). Businesses that acquired qualified property during 2010 on or before Sept. 8, 2010, can claim a depreciation allowance of 50 percent of the cost of the property. The 50 percent allowance is in addition to regular depreciation under MACRS for the year.
  • New for 2011, the paper coupon system for Federal Tax Deposits will no longer be maintained by the Treasury Department after Dec. 31, 2010. Most businesses must now make deposits and pay federal taxes through the Electronic Federal Tax Payment System (EFTPS). Deposits can be made online with a computer or by telephone. EFTPS business users can schedule payments up to 120 days in advance of the desired payment date. Some businesses paying a minimal amount of tax may make their payments with the related tax return, instead of using EFTPS.

Read more in IRS Fact Sheet 2011-2

Filed Under: Construction News, Dealer News, Not-For-Profit, Tax Tips

Informed Employees are More Agreeable

January 12, 2011 by admin Leave a Comment

Informed employees are more agreeable

Construction projects require a lot of people to be in sync about a lot of issues. They require teamwork, communication and coordination.

While you may work with lumber, steel, bricks and mortar, the most critical ingredient in your construction process is people. Getting people to understand what needs to be done and, more importantly, to agree to do it is the key to successful construction projects.

People generally want to do a good job. It’s unlikely that many people show up for work planning to mess things up.

While some may be more motivated than others or more skilled than others, the desire to do at least a baseline good job is prevalent. When people don’t do a good job, it’s often because they don’t know what to do or how to do it.

Construction workers agree

Understanding what needs to be done is the first component. We often take for granted that others see things from the same perspective we do – that their experience is similar to our own. That’s a bad assumption to make.

Construction workers come with all different types of experience and quality assumptions. Some may have learned their craft in a place where speed was more critical than aesthetics as long as the structural quality was in order. For someone else, aesthetics might have been deemed a sign of quality and given higher priority than speed. Given these two mindsets, the same basic instructions to workers may result in very different outputs.

It is important that your team understand and agree to your cultural norms. What are some of the signs of quality on your jobs? A clean work area? Tools well maintained? Workers who start on time and stay on schedule? If you aren’t clear on these items, there is no way your team can agree to them. They’ll simply use their own notions about what looks like quality to them.

Getting agreement on your cultural norms isn’t just a function of stating what they are. It’s important that people understand the “why” behind them. Studies show that people are more likely to comply with requests when a “because” statement is used.

For example, “We keep our workplace clean because it minimizes the chances that someone will step on or trip over something and get hurt” is more effective than “Keep your area clean.” The “because” helps the rule mean something to the people being asked to comply. It gives them a reason to agree.

Some may think that the reason is so elementary that it should just be taken for granted. Don’t assume. Clarify for best results.

Understanding how to do what has been asked is also important. This can be especially challenging if you are reteaching a skill or training someone to do things your way as opposed to the way they learned at another job. Reteaching may require that the students “unlearn” what they already know. That’s often a challenge.

In their minds, what was learned before worked, became a habit and now occurs without much thought. Relearning will require that employees consciously think about the task at hand and resist falling into familiar patterns.

You can tell them to do that by instructing them that they must, but you’ll more likely get more positive results if you explain the “because” behind the way you want it done and ask for agreement that they’ll work to do it your way.

Relearning requires repetition, just as learning the first time required it. If you reinforce positive actions toward the new method and continue to ask for agreement to fine-tune the process, your team will be more likely to comply.

Managers often wish people would just do what they were told. But people aren’t generally wired that way. They think, they feel, they reason and, sometimes, they resist. It’s the manager’s job to get them to agree so that the project can move forward smoothly.

Filed Under: Construction News

How Two Contractors Kept Their Doors Open

January 3, 2011 by admin Leave a Comment

Most contractors across the United States would agree that the economy has provided both opportunity – and pain – over the past few years.

If keeping your doors open in this rocky economic climate was as easy as installing them, most contractors would still be in business today.

Unfortunately, that has not been the case for many construction businesses. The housing bubble – and burst – has seen to that. An already large glut of existing inventory, coupled with further declines in the demand for new building construction, has forced many companies into a fight, flight or fold response.

Even so, there have been some bright spots.

A couple of those bright spots have been Berkeley Building Company in Haverhill, Mass., and Ball Construction Services, LLC, in West Des Moines, Iowa.

Berkeley Building Company’s president, Emil Frei, and Ball Construction Services’ chief executive officer, Rick Ball, each offered some insights into how the economy has affected the construction industry overall – and what their companies have done to survive these tough economic times.

“We’re a small, young company, and we mostly focus on projects valued at $500,000 or less,” Frei said. “One of the first things we encountered last year was that larger firms wanted to come and play in our sandbox. It’s been a very strange dynamic – our market’s gotten more crowded with bigger fish, but there’s less competition overall.”

Ball says his company has seen an erosion in overall construction volume in Iowa since 2008. He estimates it is down about 15 to 20 percent.

“In my experience, and that of some of my colleagues, it’s been hard trying to replace the momentum we had just a few years ago,” Ball said. “Unfortunately, we had to lay off some strategic people, and we had to critically review how our overhead was structured. We’ve also had to eliminate several components of insurance and some charitable contributions, too. We’ve spent much more time as a group trying to cultivate market leads, much more time on business development. It’s really been an ‘all-hands-on-deck’ approach for us.”

Right-sizing his company has been Frei’s main challenge.

“We’ve had to become our own general contractor and employ our own work force, which we believe offers us greater efficiencies and more control over labor and other expenses,” Frei said. “And if we do use subs, we now pay them on a 30-day cycle. We’ve observed getting paid quicker provides better incentives – and these usually translate to better project numbers and better job performance.”

Ball’s company has had to focus its business development efforts on growing lucrative sectors like health care, agriculture, bio-fuels and even convenience stores.

“We’re traveling much farther geographically for projects than in years past. For companies seeking to expand their target areas, another option to explore would be to go non-union – this could give you even more flexibility in estimating projects and staffing levels,” Ball said. “Ultimately, every job’s important, and this economy has certainly hammered that home. Owner expectations have been raised substantially, and you’ve got to focus on creating efficiencies in your organization, tightly managing your billables and cutting waste. You have to always know where your dollars are being spent – and be smart!”

Time and again, the construction industry has proven resourceful in the best of times and resilient even in the worst of times. The changing economic landscape over the past few years has proven this again.

But what can change is how companies react, adapt and overcome when adversity strikes. Those that are successful will be well-positioned when new opportunities arise once again.

Filed Under: Construction News

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