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Auto Dealerships - Audit Technique Guide - Uncle Fed's Tax*Board

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. Dealership financing<br />

If the dealer is financing the customer, there must be a note which should be booked at<br />

face value. As payments are earned by the dealership, the note is reduced by the amount<br />

of the principal payment and interest income is recorded. Some dealerships report income<br />

when a payment is received instead of when it is earned in accordance with the note which<br />

may lead to a timing adjustment.<br />

The terms of the note must be reasonable. The note should call for full payback to occur<br />

evenly within a 1 to 5 year window. There may be issues if the principal balance remains<br />

unchanged for a long period of time or if the stated or (unstated) interest rate is not at<br />

least equal to the Applicable Federal Rate (AFR).<br />

c. Note Transfers<br />

It would be prudent for the examiner to scrutinize any trend of dispositions of notes, either<br />

gains or losses, as related or unreported transactions could be occurring.<br />

In the event that the note carried by the dealership is sold to a financial institution, the<br />

terms of sale become important. The note is sold either "without recourse" or "with<br />

recourse."<br />

A note is sold "without recourse" when the dealership is in financial duress or when the<br />

prospects of collecting are poor. If the auto buyer defaults the bank CAN NOT look to<br />

the dealer for payment. Notes sold "without recourse" are discounted to a significant<br />

degree.<br />

A note sold "with recourse" means that if the auto buyer defaults, the bank CAN force the<br />

dealership to pay.<br />

Receivables transferred "without recourse" should be recorded as a sale because (1)<br />

ownership risks and benefits are transferred and (2) the net cash flow effect of the transfer<br />

is known at the date of the transfer.<br />

When receivables are transferred "with recourse," the transferor agrees to make good any<br />

receivables that are not collectible. Even though ownership risks and benefits are not<br />

shifted completely, the transfer should be recorded as a sale if the net cash flow effect of<br />

the transfer can be reasonably estimated; otherwise the transfer of receivables is a<br />

borrowing and a liability should be recorded. FASB Statement of Financial Accounting<br />

Standards No. 77 sets forth conditions, all of which must be met, in order for the<br />

transferor to record a sale. These include: the transferor’s surrender of control of the<br />

economic benefits associated with the receivables; the transferor’s ability to make a<br />

reasonable estimate of its obligations to the transferee under the recourse provisions; and<br />

the transferee’s inability to require the transferor to repurchase the receivables, except in<br />

accordance with the recourse provisions.<br />

B-3

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