Monday, September 7, 2009

IS CASH FOR CLUNKERS TAXABLE?

Larry, I heard on the radio that we will have to pay taxes on the money from the Cars for Clunkers. If so, I am really mad because nobody said we had to pay taxes on it. Is this true?

Robbet

Robbet, let's get this cleared up. No, the discount is not taxable to you the purchaser. Of course, if this is a business auto you cannot claim depreciation on the discount.A number of web sites and um, what’s the word, liars, opportunists, political wonks, media personalities, have indeed taken to the airwaves to try and stir the pot a little with respect to the CARS program. It certainly gets attention to scream that the program is some kind of secret tax-raising scheme. Only, they’re wrong. Think of it as a sale or discount: $4500 off! It’s not income to you, period.

Dealers are required to report the reimbursement from NHTSA as part of their gross income. This makes sense – they’re still grossing the same amount after the reimbursement. For example, if a dealer sells a $25,000 car to a customer for $22,000 ($25,000 less the CARS “discount” of $3,000), and the dealer next receives a check from NHTSA for $3,000, the dealer has still grossed $25,000. No harm, no foul. There’s no “extra” tax on the dealer, as has been reported. It’s the same reporting requirement as before.

But what about sales tax? In Nebraska they have ruled that the discount is subject to tax. Most states are not including the CARS portion for purposes of sales tax; there are a handful of states like Nebraska that are taking the position that the entire sale price, including the CARS portion, is subject to sales tax. You can check out which states are using this handy chart from Lexis. The good news?

It is a pleasure serving you.

Larry Kopsa CPA

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