Local news stories affecting the auto body industry in Arizona, Utah, Arkansas, Colorado, Texas, New Mexico, Oklahoma, and Louisiana
The Automotive Service Association (ASA) is concerned about inequities in the Texas Tax Code. Currently, in the Texas Franchise Tax Code, automotive repair and collision shops owned and operated by new or used car dealerships are taxed at half the rate used to tax independently owned automotive repair businesses doing identical work. The tax code classifies dealership sales as "retail" and allows their service and repair business to be included under that banner. Texas independent repairers are seeking similar treatment.
ASA is asking Texas repairers to contact their state legislators and urge them to help stop further audits of the automotive service industry until this issue is resolved.
The Texas Attorney General has overruled the Texas Department of Insurance (DOI) in that information contained in a survey of insurers conducted by the DOI be made public. The ruling was in response to a petition by Larry Cernosek of the Houston Auto Body Association, and other members, which was filed under the Texas Freedom of Information Act and the Texas Consumer Bill of Rights.
The Texas DOI and the five major insurers surveyed argued that the documents should be exempt from disclosure requirements because they include insurer's proprietary information, but the Attorney General’s office disagreed, exempting only some items that the insurers deemed trade secrets.
The Attorney General reasoned that even if the DOI told the insurers that their responses would remain confidential, that agreement could not circumvent the requirements of the Freedom of Information Act, saying "We note that information is not confidential under the Act simply because the party that submitted the information anticipated or requested that it be kept confidential."
Dallas-based Service King plans to embark on an ambitious national expansion led by new president Cathy Bonner that could double revenue over the next five years according to reports in the Dallas Morning News.
The chain of collision-repair centers, founded in 1976 by company chairman Eddie Lennox, recently opened seven shops in Houston and the success of those centers—some were profitable after three months— prompted Lennox to consider the leap outside Texas.
Most of Service King’s 31 shops and 1,000 employees are in the Dallas area. The privately held company, which says it has a 20 percent market share in the area, expects to repair about 70,000 vehicles and earn $150 million in revenue this year.
“We were able to experiment with a lot of things in Houston that might work for us nationally,” said Lennox, 57, a former body-repair man who started Service King in a three-bay tin building in West Dallas.
Bonner, a Dallas native, has no experience with auto repair. But she served as executive director of the Texas Department of Commerce from 1991 to 1994, founded The Women’s Museum in Dallas and has started and managed three marketing and communications firms.
She also is Lennox’s sister-in-law so she knows the Service King culture, Lennox said. Bonner’s primary responsibility will be to develop a strategic plan for growth, determining which markets Service King should enter and overseeing that plan.
“This relates to growth and getting someone who can help us achieve it — and not ex-technicians like myself,” Lennox said.
He believes that planning for major growth requires knowledge that he and his managers don’t have.
“Eddie approached me and convinced me I don’t need to know how to fix a car,” said Bonner, 60, a finalist in 2007 for The Dallas Morning News’ “Texan of the Year” award for her work to pass legislation creating the Cancer Prevention and Research Institute of Texas. “I just get to build on their success.”
Bonner said she intends to have a growth strategy plan completed by the first of the year.
“I had a lot of experience identifying new markets and bringing in corporations when I was with the state,” said Bonner, who was part of a team of officials in the early 1990s that helped convince General Motors Corp. to not close its assembly plant in Arlington.
Service King offers several programs that Lennox says are unique— including a computer program developed by vice president Jeff McFadden that allows insurers to monitor and audit the entire repair process.
“We also have some operations programs that [vice president] Danny McKinley put into place that no one else does, and those products really made me more bullish on growth,” Lennox said.
Despite its moves to get larger, Service King has no interest in going public, said Lennox, who holds 80 percent of Service King’s stock along with his wife. Managers throughout the company own the remaining 20 percent. “We’re well capitalized, and we have good banking relationships,” he said. “We envision doubling our revenue in three to five years.”
The new-car dealer groups in Dallas and Tarrant counties have merged into the Dallas Fort Worth Metropolitan New Car Dealers Association according to reports made by the Dallas Morning News.
Dealers voted overwhelmingly to approve the merger, which is significant because the association will represent about 250 dealers in 11 counties with annual sales of more than $10 billion. The new association is the largest dealer group in the state and should have a strong voice in state and national legislative affairs that affect the auto business.
“D-FW is now viewed as a single market, with many of our dealers having franchises in both Dallas and Tarrant county areas,” said Sam Pack, former chairman of the New Car Dealers Association of Metropolitan Dallas and a driving force in the formation of the new group.
Pack, who owns Ford dealerships in Dallas, Tarrant, Collin and Denton counties, and other dealers began considering the merger about nine months ago after Drew Campbell retired as president of the New Car Dealers Association of Metropolitan Dallas after a 25-year tenure.
Lee Chapman, 50, the former president of the Tarrant County dealers association, will head the new association. The primary goals of the new association are largely unchanged — promoting and representing new-car dealers.
“I’m really excited,” said Chapman, who was president of the Tarrant County group for 26 years. “This is one marketplace, and we want to help dealers sell more cars and help consumers have a positive sales experience.” Among other initiatives, the new association intends to call more attention to dealers’ good deeds — “everything they return to the community, from supporting Little League teams to donating to hospitals,” Chapman said.
Fort Worth and Dallas-area dealers will still put on separate new-car shows. With annual sales approaching 400,000 vehicles, dealers in the Dallas-Fort Worth region sell as many vehicles as those in some small states.
“It just made sense to combine two smaller associations into one of the biggest and strongest in the nation,” said Tom Durant, a board member of the former New Car Dealers Association of Greater Tarrant County and owner of Classic Chevrolet in Grapevine.
ASA Texas is warning shops that labor and other services are disallowed in calculating cost of goods sold for tax purposes. All shops are allowed to claim is the actual parts used for the repair. However, because this is such a common “error” in filing among auto repairers, Texas tax authorities are going to target auto repair shops in particular. The Comptroller’s office announced it will audit 29,000 businesses for the 2008 year. It has hired, or plans to hire, almost 500 auditors.
A shop owner in Tomball who was going through a franchise tax audit was unaware of this exclusion and after his CPA did recalculation of his tax liability, discovered it would cost him an additional $7300.
The Texas comptroller website has posted the following message:
“Franchise tax audits for report years 2008 and 2009 are now in full swing, and we’ve noticed that many entities in the service industry are incorrectly electing to use the cost of goods sold deduction to determine margin.
“Section 171.1012 of the Texas Tax Code specifically provides that, in determining the cost of goods sold, the term “goods” means real or tangible personal property sold in the ordinary course of business and does not include services. The Tax Code does not allow a cost of goods sold deduction for entities that provide services such as dry cleaners, law firms, parking facilities, rental services, towing companies, etc.
Franchise Tax Rule 3.588(c)(8) does allow a cost of goods deduction for transactions that contain elements of both a sale of tangible personal property and a service; however, an entity may only subtract as cost of goods sold the costs otherwise allowed in relation to the tangible personal property sold.
For example, an auto body shop offers the service of car repair and in the process of the repair, replaces some of the car’s parts. If the auto body shop elects to use the cost of goods sold to determine margin, the shop can only deduct the cost of the car parts. The labor related to the repair of the car is not allowed as a cost of goods sold.
If an entity that is not eligible for the cost of goods sold deduction elected to use this method for prior years’ reports, the entity must amend the reports. The compensation deduction, however, is not available for the prior years’ reports. The election language in Tax Code Section 171.101(d) does not allow a change in the method of computing margin to a cost of goods sold or compensation deduction after the due date of the report.
These entities that originally elected to use the cost of goods sold method must amend and use the 70 percent method to determine margin or, if total revenue is not more than $10 million, may use the E-Z Computation to determine tax due. The E-Z Computation does not allow a cost of goods sold or compensation deduction in computing margin but instead applies a lower tax rate of 0.575 percent directly to apportioned total revenue.
In future years, entities that do not sell real or tangible personal property in the ordinary course of business may choose the compensation deduction over the 70 percent method or the E-Z computation. The compensation deduction, detailed in Franchise Tax Rule 3.589, includes W-2 wages and cash compensation paid, net distributive income reported to natural persons and employee benefits provided.”
ASA wants to address this interpretation of cost of goods sold by contacting the Ways and Means Committee of the Texas House and our representatives. Contact Charles Parker, Director, ASA Texas at firstname.lastname@example.org.
Repair shops in Oklahoma are still trying to catch up with the colossal amount of work left for them after the May 16 hail storms left thousands of cars in the area damaged, according to reports made by The Oklahoman. Now, almost 4 months later most body shops are just getting caught up with the work.
Cars made up about $80 million worth of damage costs for insurers, Southwest Insurance Information Services President Jerry Johns said.
"From an insurance perspective it will go down as one of, if not the most significant weather-related events since 1999," Johns said. "Obviously much of it was roof damage and things like that but vehicle claims were extremely high for those not fortunate enough to shelter their car or truck before it hit."
Some customers waited for weeks and even months to get their hail-damaged cars repaired, most body shops in the area were having people come in and schedule an appointment months in advance.
"We've slowed down quite a bit, to about 1/3 of what we had initially, but there's still a lot of work to be done," said Bob White, Manager for Body Works Inc. in Oklahoma City.
White said the focus after the storm was on cars that weren't drivable because of broken windshields. Now the focus is on less-serious hail damage, such as dented hoods.
"We're still pretty scheduled out until November but we're managing the jobs better than we were. Right after the storm we were scheduled out until December," said White, "We've even been able to call some people in ahead of schedule now that the jobs have tapered a little bit more than in the beginning."
White also mentioned that Body Works has been able to start working back with some of their collision work that had to be put on hold after the spring storm.
Some cars that haven't been repaired might have remained on the road and could potentially pose hazards. It's up to officers to decide whether to cite a driver for a cracked windshield, which is against the law in Oklahoma. Although tickets are most likely to be written when the vehicle damage might impede someone's ability to drive safely.
Johns said people with damage should make their claims as soon as possible. He said insurance adjusters likely will remain in Oklahoma for up to a year after the storm.
Oklahoma-based car rental company Dollar Thrifty Automotive Group, Inc. raised its corporate adjusted EBITDA forecast for the full-year 2010 on September 7, citing strong operating performance in the months of July and August, and the continuing projections of lower fleet costs. The company also provided an update on fiscal 2011 outlook.
The Tulsa, Oklahoma-based company raised its fiscal 2010 forecast for corporate adjusted EBITDA, excluding merger-related expenses, to a range of $240 million to $260 million from the prior guidance in the range of $200 million to $220 million. The company had earlier raised it guidance in early July.
Dollar Thrifty attributed the increase to projected lower fleet costs, and the continued strength in operations and ongoing cost control efforts at the company.
The company also noted that it continues to expect vehicle rental revenue for the full year of 2010 to increase 1% to 2% from last year. Meanwhile, the company lowered its expected fleet cost target to a range of $230 to $240 per unit per month from the prior forecast of $245 to $255 per unit per month.
Meanwhile, the company also lowered its estimate for vehicle depreciation per unit per month to a range of $270 to $290 for the third and fourth quarters of 2010 from $300 to $310 per unit per month, citing continued strength in residual values and favorable trends in vehicle disposition results.
For fiscal 2011, Dollar Thrifty reaffirmed its previously announced fleet cost estimate of $300 to $310 per unit per month. The is expected to lead to corporate adjusted EBITDA for the full-year 2011 to range between $186 million and $198 million.
The company added that it expects the used car market in 2011 to be based on solid fundamentals, though less robust than now, as demand for used cars is expected to be firm, while supply is expected to be somewhat constrained.
Car rental companies are slowly recovering from the recession, which battered demand from business and leisure customers, after having struggled in recent years due to reduced travel budgets, falling used-car prices and large debt loads.
DTG closed Tuesday's regular trading session at $47.04, down $0.69 or 1.45% on a volume of 1.18 million shares, higher than the three-month average volume of 0.89 million shares.
The Society of Collision Repair Specialists (SCRS) announced August 16 the approach of its fifth annual Affiliate Leadership Conference on Wednesday and Thursday, September 22 and 23 at the Gulf States Toyota (GST) Training Center in Lewisville, Texas. The modern, state-of-the-art facility will provide a stimulating backdrop for the open discussion of activities, successes and challenges that is the conference’s hallmark.
“Our affiliate ranks recently have grown at an accelerated rate and we expect event participation to increase significantly as a result,” says SCRS Chairman Barry Dorn. “It’s exciting, because for the first time many collision repair professionals will get to witness the effective strategies that are forged when SCRS’ national perspective intermingles with the local, grass roots focus of the affiliates.”
The “ground level” industry view of the affiliates forms the bedrock upon which SCRS is formed and keeps the organization attuned to membership needs. The Affiliate Leadership Conference is perhaps the ultimate reflection of this aspect of SCRS.
Attendees gain exposure to, and learn from the experience of, their affiliate peers in other states as does SCRS. Local initiatives often contribute to the formation of solutions that can be applied elsewhere, including on the national level.
“The conference features collective insight to address issues you won’t find anywhere else, and we are grateful to have the opportunity to foster it,” says SCRS Executive Director Aaron Schulenburg. “Our affiliates and the thousands of businesses that support them want workable solutions to trying issues.
The Affiliate Leadership Conference provides the content, context and analysis to provide those answers through candid discussion bred from a forum structured specifically for our affiliate associations.”
The conference will maintain a similar proven format to previous years, with the first day featuring a focused review from each association in attendance. Local market issues and successful approaches to resolving those issues will be reviewed and analyzed through candid peer discussion.
Day two will feature updates from SCRS on its most recent national level activity, targeted discussions on prevailing industry issues, and a conversation on how SCRS can better help assist the collision repair industry. Toyota will make a presentation on Auto PartsBridge™, an electronic parts ordering system that allows body shops to send parts orders to Toyota dealers through a Web-based application.
In addition, CEICA Executive Director Fred Iantourno will join the group to share content from the CEICA Implementation Conference being held the two days preceding the SCRS conference.
“This dynamic forum for experienced affiliate leadership generates an incredible amount of useful content over the course of two days,” adds Schulenburg. “I advise anyone that hasn’t previously attended to bring a pen and the biggest notepad you can find-you will be taking a lot of notes!”
For information about the upcoming Affiliate Leadership Conference, please contact Executive Director Aaron Schulenburg at (302) 423-3537 or via e-mail at email@example.com. You may also contact the SCRS administration office at (877) 841-0660 or via e-mail at firstname.lastname@example.org.
The Northwest Louisiana Collision Repair Association held their monthly meeting on August 3 at the Shreveport, LA, Country Tavern, and discussed recycling techniques among several other industry issues.
Texas Insurance Commissioner Mike Geeslin issued a bulletin Aug. 2 reminding insurers writing PC insurance about their responsibilities under the state’s steering laws. The notification also specifically stated that it is an “unfair claim settlement practice for insurers to pay claimants an amount for the repair of the vehicle, including parts, that is not a reasonable amount for repairing or replacing the property with other of like kind and quality.”
According to reports made by Insurance Journal, the New Mexico Public Regulation Commission has appointed John G. Franchini Superintendent of Insurance by a 4-1 vote. Franchini, a New Mexico native, boasts nearly four decades of insurance industry-related experience and said he looks to use that experience to move the Division of Insurance forward.
"I've devoted the majority of my professional life to guaranteeing and protecting New Mexico policyholders' rights with regards to their insurance," Franchini said. "As Superintendent of Insurance, I will make sure New Mexicans have the protection, cooperation and assistance of the Division of Insurance in handling their insurance questions and needs," he said.
Prior to his appointment, Franchini served as vice president of government and industry affairs for the New Mexico Mutual Group from 2004 to 2010. Before that, he was vice president of Brown & Brown of New Mexico Inc., and from 1984 to 1988, he served as president and owner of Franchini Consolidated Agency, Polson Mercer Insurance & Real Estate, Williams Consolidated, Chama Insurance Services, Consolidated Mortgage, Franchini Travel.
Production of the Tacoma pickup truck began in July but was marked August 6 with a ceremony at Toyota Motor Manufacturing, Texas, Inc. The $100 million investment boosts total investment to $1.4 billion.
Texas Governor Rick Perry joined San Antonio community leaders, team members, suppliers as well as Toyota officials including Toyota Motor Corporation Executive Vice President Atsushi Niimi.
Tacoma’s production move to TMMTX was announced a year ago and adds 1,000 jobs. Today, over 2,800 team members are employed at TMMTX and the plant is fully positioned to ramp up Toyota’s pickup truck production for the American market.
The Texas Attorney General ordered insurer Travelers Cos. Inc. to stop running a television advertisement that he called deceptive. Attorney General Greg Abbott said that the Travelers ad improperly tells Texas homeowners that they should buy additional automobile insurance to prevent losing their homes.
“Texans are protected by robust homestead laws that insulate homeowners from the losses depicted in Travelers’ advertisements,” Abbott said in the release.
The Texas Constitution (Article 16, Section 50) strictly prohibits the forced sale of a person’s homestead except in narrow circumstances, clearly protecting homeowners from just the type of situation outlined in the Travelers television ad.
If Travelers continues to air the ad, the company will face legal action by the state, Abbott said. Abbott’s action comes two days after Texas Watch, a consumer advocacy group, asked Abbott and Texas Insurance Commissioner Mike Geeslin to take action against the company.
During the Texas Department of Public Safety’s Roadcheck 2010, which ran from June 8 through June 10, DPS troopers inspected 6,906 commercial vehicles.
Twenty-five percent of them, or 1,738, were placed out of service because they were found to have serious enough safety violations to be removed from service until repairs could be made.
Troopers took 160 of the drivers (2.3 percent) out of service for violations ranging from not properly tracking their hours of service to suspended, expired or cancelled driver licenses. Four drivers were placed out of service for drug or alcohol violations. Troopers issued five tickets for seat belt violations.
DPS Commercial Vehicle Enforcement troopers, along with highway patrol troopers and other inspectors who have received specialized training in commercial vehicle inspection, stopped commercial vehicles to inspect safety equipment and check driver licenses, endorsements and log books. Troopers also looked for possible drug or alcohol use.
The annual Roadcheck program stretches from Mexico to Canada.