28 july 2009 automotive accountants' forum
DESCRIPTION
In our July 2009 Automotive Accountants' Network Forum we discussed the Vehicle Industry, The Economy & Finance, the Economic Outlook globally and for Australia, the proposed National Consumer Credit Protection Bill, GST Son of Holdback, Police Checks and Record keeping of salespersons' hours and overtime.TRANSCRIPT
Automotive Accountants’ Network
ForumFor Accountants. By Accountants.
Is this growth?
28 July 2009
Presenter: Angelo Sirianni, Colledge’s
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
This presentation has been prepared by Colledge’s for the general information of its clients and seminar attendees. While the information herein has been prepared with all reasonable care and derived from sources believed to be accurate, no responsibility or liability is accepted by Colledge’s or any of its affiliations, for any errors or omissions including liability to any person of negligence or otherwise.
Recommendations may not be appropriate in all circumstances and clients must consider their own personal objectives and financial advice before acting on recommendations in this presentation.
Colledge’s (ABN 52 439 950 641)
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Quote for the day
“If we are going to carry on growing, and we will, because no country is going to forfeit its right to economic growth, we have to find a way of doing it sustainably.”
Tony Blair, former British Prime Minister
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Vehicle Industry
Summary
• Market forecasts 2009
• Winners
• Losers
• Industry matters
Vehicle Industry Summary
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
The Economy
• Interest rates
• RBA forecasts
Cash rate
Inflation
Consumer confidence
• Overall cash flow
Vehicle Industry Summary
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Market forecasts
• 2009: 830,000 to 925,000
• First half: 455,223
Down 16% on 2008
Stimulus package: 102,847 in June 2009
• Second half: Similar to first half
Tax incentives for SMEs to 31 December 2009
Vehicle Industry Summary
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Winners
• Holden
• Mazda
• Hyundai
• Nissan
• Kia
• Mercedes
• Peugeot
Vehicle Industry Summary
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Losers
• Toyota
• Mitsubishi
• Honda
• Suzuki
• BMW
• Isuzu
• Lexus
Vehicle Industry Summary
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Industry matters
• Volkswagen and Porsche
• GM
• Ford
• Hyundai
Vehicle Industry Summary
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
The Economy & Finance
• Government sponsored SPV
Was $2 Billion
Was $800,000
Now zero
• How many dealers received assistance?
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Finance companies
• Margins were 1.75 to 2%, now 3-5%
• GE continues funding dealers
• Capital Finance: Review of all senior positions
• Ford Credit only doing bailment – no retail
• ANZ takes over Esanda
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
• Westpac and St George merger
New automotive business for Westpac after the AGC problems some years ago
• Funding of car dealers
Stricter limits on bailment / floor plan
Money easing for retail paper
• Importers pricing forecasts
$A at 80+ cents – good to maintain current pricing
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
RBA Forecasts
• Forecasts no change in RBA cash rate of 3% until early 2010
• Inflation RBA target for 2009 at 1.5%
• Consumer confidence index okay
Housing up Clearance rate 80+%
Retail up The Harvey Norman index
Car market up Stimulus package to 31/12/09
• Unemployment : Forecasts to over 8%, now a lot lower
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Cash Flow
• Banks/Finance companies competing with government for funds
• Higher borrowing costs
• Banks cashed up?
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Interest rates
• Cash rate RBA 3.00%
• BBR 90 day price 3.19%
• 10 year rate (around) 5.7%
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Banks
• Investment rates on deposit funds to:
$4.54 at call for personal
$2.75 at call for business
$3.05 at call for super funds
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Lending rates
House average around 5.5%
Equity access around 6.0%
Investment property 5.75%
Personal loans (unsecured) and overdrafts
11 – 13.7%
Credit cards 12.55 - 16.27%
The Economy & Finance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Economic Outlook
Reference:Article: Polygenis, R. “Australian Economic Outlook”, ANZ Economic Outlook, July 2009
Global overview
• The worst seems to be over
• Recovery will be slow
• Global manufacturing has bottomed
• Production rebounded in Asia
Global & Australian Outlook
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Risks
• Production increases not yet felt in the USA/Europe
• Policies to stimulate demand may not be sustainable
• Consumer demand has not shown signs of substantial recovery
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
Australia
• Managed to circumvent the “GFC”
• Only advanced economy to avoid 2 quarters of negative growth
• Businesses have adjusted their behaviour to ensure financial resistance
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
Australia – Business Conditions
• Business credit has contracted by 5%, six months to May 2009
• Business investment to be a significant drag
• 17% fall in investment in 2009-10
• Government infrastructure spending to fill the gap
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
Australia – Housing
• Household disposable income has risen by 6% to March 2009
Low mortgage repayments
Government stimulus package
• Sharp turn-around in housing finance approvals over 20%
First home buyers' grants (38% of new approvals)
Lower interest rates
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
Australia – Housing
• Concerns over first time home buyers over extending
• Median house price has fallen by 4-5%
• However, has strengthened from the month of March
• Weakness in the upper level
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
Employment
• Will be the key
• Growth has ground to a halt
• Business is hoarding labour
• A shift towards shorter hours – due to recent skills shortages
Hours worked fell by 2.1%
Increase in part-time employment +72,600
Decrease in full-time employment - 83,100
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
Risks to Employment
• Decrease of hours can only go so far
• All forward looking indicators point to unemployment to be as pronounced as in previous recessions
• High risk in retail/hospitality – account for 18% of total employment
• ANZ forecasts unemployment to be 8% by mid 2010
• Currently at 5.7% (May 2009)
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Global & Australian Outlook
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
National Consumer CreditProtection Bill
References:National consumer credit protection reform, Media Statement, 25 June 2009, Minister of Financial Services, Superannuation and Corporate Law, Chris Bowen MP http://alp.org.au/media/0609/mscca250.php The National Consumer Credit Protection Bill 2009, http://www.treasury.gov.au/consumercredit/content/downloads/Consumer_Credit_Brochure.pdf Article: Oakes, D. New credit laws to strengthen consumer rights, The Age, 25 June 2009
• Proposed Act to “establish ... a single, standard, national law for the regulation of consumer credit” and better protection for consumers. (ALP Media Statement, 25 June 2009)
• Bill was introduced and read in House of Representatives on 25 June 2009
• Referred to Committee in Senate
National Consumer Credit Protection Bill
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
• The Bill is ‘Phase 1’ of 2008 agreement with COAG (Council of Australian Governments)
Commonwealth to be responsible for consumer credit regulation.
• Aims to eliminate “unscrupulous and incompetent” lenders and increase standards in the (credit) industry.
National Consumer Credit Protection Bill
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
• ASIC will be the sole regulator.
• Lenders have until 31 December 2009 to register for a licence.
• Strict and comprehensive licensing conditions.
• Licensees will not be allowed to give credit to consumers who cannot afford repayments.
• Stricter penalties for misconduct (for lenders).
• Increased court assistance (for consumers).
National Consumer Credit Protection Bill
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Disclosure of Commission
The Bill requires lenders to inform consumers of the full credit proposal disclosure, including:
a) How much the broker receives for securing the loan;
b) All costs the consumer will have to pay to the broker, bank and others; and
National Consumer Credit Protection Bill
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
But, you may not have to panic just yet...
National Consumer Credit Protection Bill
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
• The initial, proposed legislation was amended on 25 June 2009 after consultation with industries.
• Car dealerships (as ‘point-of-sale’ retailers) “...will be exempt from the requirements that facilitate assistance to consumers. The Government will examine the issues of regulatory oversight within the next 12 months”. (National Consumer Credit Protection Reform: Media Statement, 25 June 2009, Chris Bowen MP)
National Consumer Credit Protection Bill
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Colledge’s will keep a close eye on the Bill and will alert you of future information.
National Consumer Credit Protection Bill
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Son of Holdback
Current Situation
• Extension of GST on Holdback refund
• Test case currently being prepared
• ATO keen to have the issue tested
• Issue still unclear
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Issues to consider ATO Interpretive Decision
ATO ID 2008/166, 17 December 2008 Provide background on payments other
than “holdback”e.g. Fleet, margin support, discretionary payments
Defines what is a supply Defines what constitutes a supply between
a manufacturer and dealer
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Scope
• All factory incentives including:
Fleet claims
FBT reimbursement
Annual, quarterly, monthly bonuses
Demo bonuses
Subsidies
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Factory incentives (continued)
Target incentives
Parts obsolescence payments
Advertising reimbursement
Run out bonuses
Warranty?
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
• The size of refund if successful
• Is likely to be more than the Holdback refund
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Stop the Clock letters
• Action may take some time
• Not clear if successful
• Need to be in it
• Issue regarding 'stop the clock'
• 90 days to quantify the claim
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Timing
• Section 105-65 (1) Restriction of GST refunds
• Effective 1 July 2008
• Negates any windfall gain
• Claims relating to GST refunds post 1 July 2008 may not result in a refund
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
• Therefore the period prior to 1 July 2008 as the review period
• Four year rule applies
From 30 June 2005 to 30 June 2008
• If 'stop the clock' letters lodged prior to 30 June 2008, the period may be
1 July 2000 to 30 June 2008
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Why lodge “Stop the Clock”?
• Need to be in it
• Subject to a test case
• Some value (in it)
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Process
• Lodge “Stop the Clock”
• 90 days to quantify claim
• ATO will reject the claim
• Lodge objection within 60 days
Issue unresolved
Subject to a court challenge
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Process
• ATO will hold the claim in abeyance, subject to the test case
• ATO insist on a quantified claim
• Must be a substantial claim
• Within 90 days of lodging 'stop the clock'
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Issues to consider
1. Results of the test case
2. Meet the 90 day timeframe
3. Substantiate the claims
4. Factory action, if any?
Son of Holdback
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Police Checks
• Is there an easier and timely way of obtaining a Police Check?
• Should take no more than six weeks
• Some instances taking up to 12 weeks
• What are members of the forum doing?
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Police Checks
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Record keeping requirements:
Salespersons’ hours
• VACC has sought advice from the Workplace Ombudsman
• Compliance with the pay slip/record keeping obligations under the Act.
Three payslips submitted
1.Retainer at award rates – offsetting required
2.Retainer marginally over award rates – offsetting required
3.Retainer well over award rate – no offsetting required
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Record Keeping – Salespersons Hours
• Advice from the Ombudsman – sample pay slips comply
• If there is a short fall of commission payments that does not compensate for overtime, the payslip would have to reflect that fact
FOR ACCOUNTANTS,BY ACCOUNTANTS
COLLEDGE’S AUTOMOTIVE ACCOUNTANTS NETWORK FORUM
Record Keeping – Salespersons Hours