Program How It Works Key Features What It Achieves U.S. Federal Income Tax Consequences Guaranteed Retro Dealer receives commission for sale of F&I product plus guaranteed underwriting profit. Guaranteed flat dollar amount per contract (varies based on product and sales mix). Payment is based on contract count net of cancellations (not based on loss ratios). Not subject to losses. Accelerated cash flow. Upfront underwriting. Don’t have to set up reinsurance company. Taxed as ordinary income for Federal Income Tax purposes at 37% for individuals. However, the Tax Cuts and Jobs Act (TCJA) may allow a deduction of up to 20% of the income if paid to an S Corp or LLC taxed as a partnership. Participating Retro Dealer receives commission for sale of F&I product, plus underwriting and investment income. Dealer does not have to invest in or open a reinsurance company. Dealer must recognize revenue as received. Historically, all upside, no downside. Highest cash flow program. No reinsurance required. 100% of underwriting profits and any investment income that is available. Taxed as ordinary income for Federal Income Tax purposes at 37% for individuals. However, the Tax Cuts and Jobs Act (TCJA) may allow a deduction of up to 20% of the retro income if paid to an S Corp or LLC taxed as a partnership. Reinsurance Through Controlled Foreign Corporation (CFC) or Domestic Captive Dealer receives commission for sale of F&I product, plus underwriting and investment income in dealer-owned reinsurance company. Dealer participates in risk of loss through a wholly owned reinsurance company. Options for domicile of reinsurance company. Dealer controls program. Dealer hires an investment manager. Assets set aside for losses (A account). Earned income separately invested and controlled by dealer (B account). Funds held at U.S. banking institutions. Cost for setup, annual tax preparation and license renewal, and reserves/funding. High level of control over the program, allowing tailoring of investment options to meet various dealer objectives. Efficient tax vehicle. Dealer directs investment of earned funds in trust and receives investment income. Treated as a U.S. company for ALL federal income tax purposes. For tax years beginning after 12/31/2016, with a total annual net written premium up to $2.8 million, tax on investment income only at 21% corporate rate under TCJA (irrevocable election is required to be taxed on investment income only). If total annual premium exceeds $2.8 million, regular corporate income tax applies on ALL underwriting and investment income at 21% corporate rate, and a second layer of tax at the shareholder level once distributed at 23.8% (20% capital gains rate plus 3.8% Medicare NIIT). potential if warranty programs aren’t aligned with their business and personal wealth goals — or if they aren’t optimally executed. F&I profit participation programs can support a dealership in: • Generating cash flow. • Funding acquisitions. • Managing tax strategies. To varying degrees, the programs can be used to: • Provide incentives and rewards to key management. • Establish a vehicle for wealth building and estate planning. • Support multi-generational succession and business transition. THE RANGE OF F&I PROFIT PARTICIPATION PROGRAMS F&I profit programs vary greatly in structure, economics, flexibility, risk and tax consequences. To find the best fit for your situation, you’ll want to understand each type and its ability to deliver what your business, transition plan and personal wealth strategy demand. 22 Virginia Auto Dealer
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