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

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

19.10.2014 Views

Example 1 Fast Auto is a small used car dealership reporting income on Schedule C. In pre-audit it was noticed that inventory was small in comparison to Gross Receipts. An examination was initiated and a physical inspection of the premises revealed that there were about 20 older but completely restored cars for sale at high prices. Also at the lot was a large garage where cars were being restored and worked on. The taxpayer was asked about the operation and stated that vehicles were purchased at wrecking yards or from individuals at low prices and then were restored and sold as exotic automobiles. The taxpayer also stated that under the Lower of Cost or Market rules, inventory was maintained at cost without adjustment and that given low gross receipts, the UNICAP rules of IRC section 263A were not applicable. Market was not considered because the type of vehicles were so unique no comparison could be made for valuation purposes. All parts purchased to restore the vehicles were expensed in the period paid, as were associated wages. Although the UNICAP rules do not apply to the taxpayer, all of the parts, labor and unique supplies (special paint, special bolts, etc.) increase the basis of the automobile to which they apply and therefore are contained in the cost accordingly. Although the industry is specialized, the dealer is in an area of expertise with others and given mainstream publications on exotic cars with advertisements, market value can be estimated. Most importantly, the owner’s experiences and typical high markup show that cost is lower than market and therefore market is irrelevant to the dealer for inventory purposes. The roll over adjustment would be to increase ending inventory accordingly in the first open year and carry the adjustments forward to the current year. IRC section 263A – Uniform Capitalization Rules IRC section 263A, provides uniform capitalization rules that apply to the production of property and the acquisition of property for resale. Treas. Reg. section 1.263A-1 states, "all costs that are incurred with respect to real or tangible personal property which is produced, or property which is acquired for resale, are to be capitalized with respect to such property." Treas. Reg. section 1.263A(d)(2)(i) provides the following regarding resale activities: 1. The rules apply to all wholesalers and retailers. 2. Average annual gross receipts must be over $10 million over the prior 3 years. 3. If the taxpayer corporation was not in existence for 3 years, the average is based on the number of years it has been in existence. The costs that must be capitalized in the ending inventory include certain indirect costs pertaining to: a. Costs incurred for offsite storage and warehousing 6-2

. Purchasing c. Handling, processing, assembling, re-packaging d. An allocable portion of general and administrative costs attributable to the functions in (a) through (c) above ("mixed service costs"). For an illustrated example of applying this section and the Simplified Resale methods introduced, refer to Notice 88-86, 1988-2 C.B. 401. The issue must be considered when circumstances warrant and a decision must be made regarding allocation of resources. Type B – Smaller New Vehicle Dealerships: Schedule C, Form 1120-S or Form 1065 This middle class of dealerships may employ any range of inventory techniques with little consistency among them. The dealerships range from small low volume motorcycle shops to medium sized multi-vehicle type lots. Here it is important to make sure that all items that should be inventoried are being correctly accounted for. It is not uncommon for a dealer of this size to inventory vehicles and expense parts and accessories. In any case, the method of valuation should be determined and inventory physically observed. Example 2 ABC Rider is a new motorcycle dealership that was purchased 4 years ago and has shown losses on Schedule C for each year since. In pre-audit it was noticed that "Other Expenses" of $400,000 seemed high in comparison to gross receipts of $5,000,000. A schedule of "Other Expenses" showed a miscellaneous expense of $20,000. When examined, the taxpayer showed a schedule detailing $20,000 in rebate income and $10,000 of interest income, both netted against an inventory write down of $50,000. When questioned, the taxpayer responded that inventory was valued at yearend by him personally and that he assumed there was a significant number of employee thefts. When prior years were examined, it was noticed that this practice was employed in all years. The agent should determine the actual physical inventory, compare it to the amount shown on the tax return and make an adjustment for the difference. Also, all prior writedowns should be disallowed under IRC section 481(a). This amount would then be rolled over into subsequent years up through the current year. The Miscellaneous expense of $50,000 should be disallowed in full, and $30,000 of Other Income should be reclassified as such. Type C – Large Multi-Entity Dealerships: Form 1120, Form 1120-S or Form 1065 For tax purposes the large dealerships may use LIFO for new vehicles, used vehicles, and parts 6-3

. Purchasing<br />

c. Handling, processing, assembling, re-packaging<br />

d. An allocable portion of general and administrative costs attributable to the functions in (a)<br />

through (c) above ("mixed service costs").<br />

For an illustrated example of applying this section and the Simplified Resale methods introduced,<br />

refer to Notice 88-86, 1988-2 C.B. 401.<br />

The issue must be considered when circumstances warrant and a decision must be made regarding<br />

allocation of resources.<br />

Type B – Smaller New Vehicle <strong>Dealerships</strong>: Schedule C, Form 1120-S or<br />

Form 1065<br />

This middle class of dealerships may employ any range of inventory techniques with little<br />

consistency among them. The dealerships range from small low volume motorcycle shops to<br />

medium sized multi-vehicle type lots. Here it is important to make sure that all items that should<br />

be inventoried are being correctly accounted for. It is not uncommon for a dealer of this size to<br />

inventory vehicles and expense parts and accessories. In any case, the method of valuation should<br />

be determined and inventory physically observed.<br />

Example 2<br />

ABC Rider is a new motorcycle dealership that was purchased 4 years ago and has shown<br />

losses on Schedule C for each year since. In pre-audit it was noticed that "Other Expenses" of<br />

$400,000 seemed high in comparison to gross receipts of $5,000,000. A schedule of "Other<br />

Expenses" showed a miscellaneous expense of $20,000. When examined, the taxpayer<br />

showed a schedule detailing $20,000 in rebate income and $10,000 of interest income, both<br />

netted against an inventory write down of $50,000. When questioned, the taxpayer responded<br />

that inventory was valued at yearend by him personally and that he assumed there was a<br />

significant number of employee thefts. When prior years were examined, it was noticed that<br />

this practice was employed in all years.<br />

The agent should determine the actual physical inventory, compare it to the amount shown on<br />

the tax return and make an adjustment for the difference. Also, all prior writedowns should be<br />

disallowed under IRC section 481(a). This amount would then be rolled over into subsequent<br />

years up through the current year. The Miscellaneous expense of $50,000 should be<br />

disallowed in full, and $30,000 of Other Income should be reclassified as such.<br />

Type C – Large Multi-Entity <strong>Dealerships</strong>: Form 1120, Form 1120-S or<br />

Form 1065<br />

For tax purposes the large dealerships may use LIFO for new vehicles, used vehicles, and parts<br />

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