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Visit Our Website
www.IllinoisDealers.com
Join our mailing list!
Do you know of other member dealership employees who should be receiving the IADA Electronic Bulletins? Let us know! Send an email to Meghan Sander (msander@illinoisdealers.com), Director of Communication, with the contact information of people who should be on our distribution list.
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2016 IADA OFFICERS
Chairman
Jack Schmitt
Jack Schmitt Chevrolet
O'Fallon
Vice Chairman
Dan Roesch
Roesch Auto Group
Elmhurst
Treasurer
Pat Manning
Brad Manning Ford
Dekalb
Secretary
Mike Ettleson
Ettleson Cad-Bu-GMC, Inc.
Hodgkins
President
Peter Sander
IADA
Springfield
IADA Staff Contacts:
Ph# 1-800-252-8944
Pete Sander
President
Ext. 103
psander@illinoisdealers.com
Larry Doll
Legal
Ext. 105
ldoll@illinoisdealers.com
Mark Harting
Administrative Services
Ext. 110
mharting@illinoisdealers.com
Mike Healey
Member Services
Ext. 107
mhealey@illinoisdealers.com
Joe McMahon
Legislative
Ext. 113
jmcmahon@illinoisdealers.com
Meghan Sander
Member Communications
Ext. 109
msander@illinoisdealers.com
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Your IADA Partner
Moving Vehicle Registration into the future
Upcoming Webinars
January 19th
Charlie Feuss
Questions & Answers About Service Advisors - Exempt or Non-Exempt - OT or No OT
(12 PM CST)
Click here to register!
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January 18, 2017 Volume 2017 Issue 1
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NADA'S Peter Welch Tells Automakers To End "Unfair Incentive Programs"
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Speech to Automotive News World Congress focuses on customer trust, affordability
Addressing the Automotive News World Congress in Detroit, NADA President and CEO Peter Welch took automakers to task over "unfair incentive programs," "unfair stair step programs" and other unfair multi-tier pricing schemes that harm trust between local dealerships and their customers.
Said Welch:
"In a world where customers crave fairness and transparency in price, why do some manufactures still deploy unfair marketing strategies that produce huge discrepancies in price between various customers? That's right, I'm talking about manufacturer strategies such as unfair stair-step incentive programs, indiscriminate price tag coupons, and other schemes that are too complicated, not consumer friendly, and that are not available to all dealers regardless of their size or location. This unfairness leads to multi-tier pricing that has always, and will always, cause our customers to be skeptical of what dealers tell them. Simply put, these types of programs are trust killers."
Welch also took on government-imposed threats to vehicle affordability that could potentially price millions of Americans out of new cars and trucks:
"Since 2005, the percentage of personal income necessary to purchase a new vehicle has risen from 9.5 percent to 12.4 percent - with no end in sight. Over the past 20 years the single biggest driver of vehicle price increases has been government regulations and mandates ... Let me be clear here: The gains we have made as an industry in safety, efficiency and environmental achievements are incredible. But we have to keep a closer eye on cumulative costs. If average working men and women can't afford a new or newer vehicles, they will be deprived of all the benefits they offer."
Welch delivered the speech to the Automotive News World Congress, an annual meeting of journalists and auto industry, allied industry and financial industry executives.
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CDK EasySource: The Laws Have Changed. Are You Fully compliant?
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The FTC's Used Car Buyers Guide has been updated, and these new amendments become effective on January 27, 2017. Ensure that you are in full compliance, because you can get hit with fines of up to $40,000 per violation - that could mean $40,000 per day for each used car displayed for sale at your dealership!
CDK EasySource, through the DealerCAP program, offers the forms in English and Spanish, they are ready to order direct from the IL Forms Ordering Site, just choose the form you need!
FTC Buyers Guide (With Signature Lines)
FTC Buyers Guide (With No-Signature Lines)
Click here to read about the two most notable changes of the FTC Used Car Buyers Guide provided by CDK EasySource's Legal Team.
If you need further information please reach out to CDK EasySource Sales Representative: Benjamin Stiteler
Toll Free: 888-323-1915 Ext. 1275
Email: Benjamin.Stiteler@taylorcommunications.com |
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No End in Sight for Recalls
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In December the National Highway Traffic Safety Administration issued an amended order to "continue the acceleration of recall repairs for millions of U.S. vehicles affected by the Takata air bag inflator recalls. NHTSA says that "there are currently 46 million recalled Takata air bag inflators in 29 million vehicles in the United States."
Coupled with recalls for other safety-related issues, it is clear that the recall problem is not going away in 2017. How to handle recalled vehicles is a serious and complicated issue for new car dealers. Each dealership should consult with its legal advisor and develop a compliance policy. Please (CLICK HERE) to obtain NADA's updated Q and A paper on the subject. |
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NADA PAC
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In 2016 Illinois dealers contributed $93,675.00 to NADA PAC, the national association's federal political action committee, an all time record for Illinois dealers.
Illinois now has 31 dealers who are members of the prestigious NADA President's Club, dealers who initially contributed $5,000 to NADA PAC and $2,500 per year thereafter. Illinois NADA Directors Jamie Auffenberg Jr., Mark Scarpelli and Desmond Roberts have done a tremendous job in working with our Illinois dealer members to raise the awareness and importance of supporting NADA's Political Action Committee.
In 2016, dealers nationally contributed $2,386,000 making NADA PAC one of the largest and most influential political action committees in Washington, D.C. |
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Legal Reminder: Deadline To File Late Tax Returns For Exempt Transactions Without Penalty Is Approaching
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The Illinois Automobile Dealers Association met with the Illinois Director of Revenue, Connie Beard, and members of her senior staff to discuss the issue of motor vehicle dealers who received large penalties for failure to file tax returns for tax-exempt motor vehicle transactions, despite the lack of an informational bulletin to dealers explaining the Department's new statutory penalty.
Pursuant to Public Act 98-425, which took effect on August 16, 2013, the Department of Revenue began imposing a penalty of $100 per return for motor vehicle sales tax returns that were not filed within the statutory 20-day period for filing the returns (Forms ST-556 and ST-556 LSE). When enacted, this statute imposed the $100 penalty on all late motor vehicle tax returns, regardless of whether the related transaction was subject to tax. The statute was amended, effective August 10, 2015, to provide that the $100 penalty applies only to tax-exempt transactions. Common examples of tax-exempt transactions include, but are not limited to, dealer trades, auction sales, and sales to schools, governmental bodies, religious organizations, or charities, and sales to certain out of state customers.
After meeting with IADA, the Department of Revenue has agreed to offer relief from the failure to file penalty. Specifically, the Department of Revenue has agreed to:
- Abate all penalties for transactions conducted on or after August 16, 2013 and before August 10, 2015. Dealers will not be required to file returns for transactions conducted during this period.
- Abate all penalties for transactions conducted on or after August 10, 2015 and on or before November 10, 2016, provided, that dealers must file returns for these transactions no later than January 31, 2017.
- All tax-exempt transactions conducted on or after November 11, 2016 are subject to the $100 penalty if the corresponding returns are not filed within the statutory 20-day deadline.
Going forward, please make sure to timely file Form ST-556 or ST-556-LSE whenever you sell or lease a vehicle to a tax exempt customer. Furthermore,
be sure to audit your files for tax-exempt sales made since August 10, 2015 to make sure that any unfiled returns get submitted to the Department of Revenue no later than January 31, 2017.
You may file Forms ST-556 and ST-556 on CVR's website, click here, or on the Department of Revenue's website, click here.
The Department of Revenue's Informational Bulletin explaining the penalty abatement can be found here. If you have any questions about this article, please contact IADA at 217-753-0220 or ldoll@illinoisdealers.com. |
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IADA-CATA Spring Conference Registration Available!
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Join IADA and CATA for our annual Dealer Conference this spring, March 29 - April 2, 2017 at the stunning Waldorf Astoria in Orlando, Florida. This breath taking property has so many fabulous activities to offer, and is a short distance from the magical attractions of Disney World, Universal Studios, Epcot, Magic Kingdom and many more. For those not interested in amusement parks, the resort offers many alternatives including a beautiful golf course and a relaxing spa! Pre and post dates are available, but we need your reservation ASAP to secure the dates you want. Click here to register!
Any questions please feel free to contact Meghan Davlin, msander@illinoisdealers.com. |
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KPA-Client Alert: Final Rule to Improve Tracking of Workplace Injuries and Illnesses
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OSHA's final rule to improve tracking of workplace injuries and illnesses, which includes electronic reporting, became effective January 1, 2017. The rule clarifies employers' requirements for electronically reporting employee injury and illness records and improves OSHA's ability to protect employees from retaliation for reporting injuries or illnesses. Finally, the rule clarifies how to use incentive and drug testing programs without violating anti-retaliation rules.
Click here to read more. |
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EEOC Issues Guidance on Reasonable Accommodations for Mental Health Conditions
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance reminding employers that the Americans with Disabilities Act of 1990 (ADA) protects job applicants and employees against discrimination and harassment related to their depression, post-traumatic stress disorder, schizophrenia and other mental health conditions. Among other things, the EEOC's guidance suggests how employees can obtain reasonable accommodation for their mental health conditions, how access to medical information is restricted, and how the EEOC enforces the rights of applicants and employees with disabilities. Note that "reasonable accommodations" under the ADA are determined case-by-case, based on the nature of the employee's condition, workplace conditions, etc. Thus, what may or may not be "reasonable" for a particular employee or dealership will vary. Note too that the ADA restricts an employer's ability to ask employees or job applicants any medical questions, including those involving mental health. Questions on the new EEOC guidance can be directed to regulatoryaffairs@nada.org. An updated version of NADA's A Dealer Guide to the Americans with Disabilities Act- Part II Title I: Employment Section will be released later in 2017.
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