In 2016, the House Republican leadership released a
“Tax Blueprint,” their outline for tax reform legislation expected this
spring. The goal of tax reform is to
lower tax rates by closing tax loopholes and eliminating deductions. The Blueprint maintains the LIFO (last in,
first out) inventory accounting method, and eliminates the estate tax, which
would be beneficial to dealers. Repealing LIFO
would take working capital away from dealerships that could otherwise be used
to create jobs. The estate tax particularly hurts dealerships since assets, such as
land and single-use showroom facilities, cannot be easily liquidated to pay the
tax without destroying the viability of the dealership.
The Blueprint also eliminates the deduction for net interest expense,
which could negatively affect dealers, and includes a
border adjustability tax (BAT) that
would impose new tax burdens on product importers. If imposed, the BAT could significantly
increase the cost of imported vehicles and domestic vehicles made with imported
parts. President Trump and the Senate
have not yet unveiled their tax reform plans. Congress should ensure that overall
to the tax code do not negatively impact small business dealerships.
OPPOSE OVERBROAD RECALL BILLS
In the 114th Congress, legislation (S.
900/H.R. 1181) introduced by Sen. Richard Blumenthal (D-Conn.) and Rep. Jan
Schakowsky (D-Ill.), respectively, would have prohibited dealers from selling or
wholesaling a used vehicle under open recall, even though the vast majority of
vehicle recalls do not require the drastic step of grounding. Because of a
shortage of recall parts, it often takes months to repair recalled vehicles.
According to a J.D. Power study, enacting this legislation would diminish the
average value of a consumer’s recalled vehicle by $1,210, prompting dealerships
to pay significantly less for trade-ins with open recalls, if they accept them
at all. Lowering trade-in values would immediately hurt car buyers by reducing
the down payment a consumer could use to buy a newer vehicle. Also, since the
bills do not regulate private sales, recalled vehicles would be pushed into the
unregulated private market, making it less likely that the consumer will get
the manufacturer remedy for the vehicle.
Commerce Committee rejected an amendment identical to S. 900 in 2015. Congress should focus on legislation that
increases recall completion rates, and oppose proposals that create a tax on
millions of customer trade-ins.
CFPB'S UNWARRANTED ATTACKS ON DEALER DISCOUNTS FOR AUTO CREDIT MUST END
the Consumer Financial Protection Bureau (CFPB) issued guidance that threatens
to eliminate a dealer’s flexibility to discount auto loans in the showroom. The
CFPB is attempting to change the $1 trillion auto loan market and limit market
competition without prior public comment or analyzing the impact of its
guidance on consumers. The guidance is based on faulty research, such as
estimating a customer’s ethnic background based on last name and zip code. A
nonpartisan study of the CFPB’s methodology found that it was prone to
significant errors, and that the CFPB knew of these flaws yet failed to correct
them. The CFPB’s actions will raise the cost of credit for car buyers and push
otherwise-creditworthy consumers out of the auto credit market.
114th Congress, NADA supported H.R. 1737/S. 2663, the “Reforming
CFPB Indirect Auto Financing Guidance Act”, that would have rescinded the
flawed 2013 CFPB guidance and allowed the CFPB to reissue it under a
transparent process. H.R. 1737 overwhelmingly passed the House in November 2015
by a veto-proof vote of 332-96, including 88 Democrats. The House Financial CHOICE Act, expected to be
reintroduced soon by House Financial Services chairman Jeb Hensarling (R-Texas),
would fundamentally reform the CFPB to make it more transparent and
should continue vigorous oversight of CFPB’s efforts to eliminate or limit
dealer discounts to keep auto loans accessible and affordable for consumers.
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