WE ARE A STRONG COLLECTIVE VOICE, DEDICATED TO ADVANCING THE AUTOMOTIVE INDUSTRY IN WEST VIRGINIA. 91st WVADA Dealer Family Convention
Driving excellence in all we do. 304-624-5564 www.tetrickbartlett.com T&B Tetrick & Bartlett, PLLC is an accounting and consulting firm serving clients throughout West Virginia. We are dedicated to providing our automobile dealer clients with professional, personalized services and guidance in a wide range of financial and business needs.
Our nationally recognized automotive dealership attorney group specializes in West Virginia’s franchise law and regulatory compliance. Areas of expertise: • Consumer Litigation • Advertising • Employment • Manufacturer Disputes • Buy-Sell Transactions • Dealership Industry Compliance We will help YOU through any legal, regulatory and legislative challenge. DILIGENT DECISIVE DETERMINED More than 35 years of dedicated service! CALL TODAY! 304.344.0100 Or scan the QR code for more information. JOHNNIE BROWN jbrown@pffwv.com
©2024 West Virginia Automobile Dealers Association (WVADA) | The newsLINK Group LLC. All rights reserved. The WVADA News is published four times each year by The newsLINK Group LLC for the WVADA and is the official publication for this association. The information contained in this publication is intended to provide general information for review, consideration and education. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, it is strongly recommended that you contact an attorney as to your circumstances. The statements and opinions expressed in this publication are those of the individual authors and do not necessarily represent the views of the WVADA, its board of directors or the publisher. Likewise, the appearance of advertisements within this publication does not constitute an endorsement or recommendation of any product or service advertised. The WVADA News is a collective work, and as such, some articles are submitted by authors who are independent of the WVADA. While the WVADA News encourages a first-print policy, in cases where this is not possible, every effort has been made to comply with any known reprint guidelines or restrictions. Content may not be reproduced or reprinted without prior written permission. For further information, please contact the publisher at (855) 747-4003. CONTENTS 6 PRESIDENT’S MESSAGE WVADA Is Off to a Successful 2024 Doc Fee Increase, Updated Franchise Law, Great Convention and More BY JARED WYRICK, PRESIDENT, WVADA 8 WVADA Preferred Partner Programs 10 91st WVADA Dealer Family Convention 14 Thank You, Exhibitors! 14 Thank You, Sponsors! 16 COUNSELOR’S CORNER West Virginia Franchise Law Protections BY JOHNNIE BROWN, ESQ., PULLIN, FOWLER, FLANAGAN, BROWN & POE PLLC 18 BY THE NUMBERS Is Your Interest Expense Deductible? BY STEVE WILLIAMS, TETRICK & BARTLETT PLLC 20 Climbing the Automotive Industry Ladder of Success BY SHARON KITZMAN, DOMINION DMS 22 Payment Strategies for a Changing Auto Retail World BY TRUIST DEALER SERVICES 24 SAVE THE DATES! Motor Vehicle & Title Registration Seminar 25 SAVE THE DATES Casino Royale: WVADA VIP Charity Gala 92nd WVADA Dealer Family Convention 93rd WVADA Dealer Family Convention 94th WVADA Dealer Family Convention 26 In the Community 30 Executive Committee, Board of Directors, Directors At Large and Meet Our Team 2024 Issue 2 6 22 10 WVADA News 4
© 2024 Truist Financial Corporation, TRUIST, Truist purple and the Truist logo are service marks of Truist Financial Corporation. All rights reserved. Truist Securities is the trade name for the corporate and investment banking services of Truist Financial Corporation and its subsidiaries. Securities and strategic advisory services are provided by Truist Securities, Inc., member FINRA and SIPC. | Lending, financial risk management, and treasury and payment solutions are offered by Truist Bank. | Deposit products are offered by Truist Bank, Member FDIC. We’re more than a financial partner. We’re an invested one. True relationships matter. We don’t take this lightly. The best are built on a deep understanding of your short- and long-term goals and always backed by thoughtful, strategic advice in support of your vision. With full-service financial solutions and a deep bench of industry expertise, we’ll build a team around your organization to focus on your success. So, let’s drive further—together. To learn more, visit us at Truist.com/DealerServices.
By JARED WYRICK, President, WVADA PRESIDENT’S MESSAGE WVADA Is Off to a Successful 2024 DOC FEE INCREASE, UPDATED FRANCHISE LAW, GREAT CONVENTION AND MORE Doc Fee Increase The DMV Dealer Advisory Board held a meeting on May 23, 2024, and voted unanimously to increase the documentary (doc) fee cap from $499 to $575. A $76 increase! Dennis Sheets made a motion to increase the cap to $575, and the motion was immediately seconded by Wally Thornhill. This increase will take effect July 1, 2024. In addition, the Dealer Advisory Board recommended beginning July 1, 2025, that the doc fee be tied to the Bureau of Labor Statistics consumer price index moving forward. The Dealer Advisory Board will continue to meet and approve the CPI increases annually and we will inform the dealer body of any adjustments. WVADA and the DMV Dealer Advisory Board have been working closely together for the past several months to deliver a win to West Virginia dealers by adjusting the doc fee to reflect a fair and equitable rate that is competitive with our surrounding states. This is a huge win for WVADA and its dealers! Updated Franchise Law — Effective June 5, 2024 As we continue enjoying the summer season, I’d like to take a moment to reflect on the past few months and the exciting times ahead. As we move through the rest of 2024 and prepare for the 2025 legislative session, our association and our dealers need to continue to build strong relationships with our legislative representatives. We had obstacles to overcome this past session but were able to push through to get our number one priority bill, the franchise bill, passed! The bill passed the Senate within the first week unanimously; the bill finally passed the House of Delegates: 87 -13. Sen. Rupie Phillips was the lead sponsor of our bill this session and he absolutely delivered every step of the way. “The dealer franchise model has proven time and time again that it is the absolute best model for consumers,” said Phillips. “I was honored to be the lead sponsor and appreciate the local economic impacts franchise dealers bring to their communities.” Here’s a brief summary of SB 173: SB 173 Modifying certain guidelines for motor vehicle dealers, distributors, wholesalers, and manufacturers, otherwise known as our franchise bill. • Clarifies timeline for manufacturer to dispute the motor vehicle dealers request for adjustment to parts and labor rates. W. Va. Code 17A-6A-8a(g) • Clarifies that the 15-year period on dealer facilities apply to any subsequent dealer who obtains ownership. • Prohibits a manufacturer from amending the dealer agreement without the motor vehicle dealer’s consent. W. Va. Code 17A-6A-10(a)(12) • Clarifies a manufacturer obligation to provide a dealer with all of its makes and models, regardless of whether the model is electric, hybrid, gas or other means of propulsion. W. Va. Code 17A-6A-10(b)(2) WVADA News 6
• Prohibits a manufacturer from exercising a right of first refusal when a motor vehicle dealer enters into a transaction to sell. W. Va. Code 17A-6A-10(b)(20). • Clarifies that a manufacturer may not interfere or prejudice a dealer to set his own prices, trade-in values, financing terms and the price of voluntary protection products. W. Va. Code 17A-6A-10(h)(2) to (5). • Prohibits a manufacturer from treating a franchised motor vehicle dealer as simply an agent for the manufacturer as it relates to the sale and lease of motor vehicles. W. Va. Code 17A-6A-10(j). • Clarifies the application to a “dealer data systems vendor” to make consistent with prior statutory definition in W. Va. Code 17A-6A-15a. Other WVADA bills of interest that passed: • HB 5178 Permitting car dealerships in this state to utilize a search engine to determine if buyers of vehicles have valid vehicle insurance. This bill permits dealers to utilize the Insurance Verification System (IVS) to verify a consumer’s insurance in real time. This system can be tied to the current Vehicles Registration System (VRS) which is the system that is administered by the DMV and currently utilized by every West Virginia dealership. This bill will help assist dealerships and their employees with the verification of customers insurance, especially, after hours and on weekends. • SB 583 Relating to employer liability and damages in civil actions involving commercial motor vehicles. Under current law, there is no cap on any type of damages in a personal injury or wrongful death claim arising out of a vehicular accident with a commercial motor vehicle. This bill places a $5 million cap on noneconomic damages against an employer defendant. Of note, that cap is per plaintiff and per occurrence on personal injury and wrongful death claims. For an employer defendant to take advantage of the cap, it must have liability insurance in the amount of at least $3 million. The cap would also not apply in certain circumstances where, at the time of the incident, the operator of the commercial motor vehicle: (1) was under the influence of drugs or alcohol; (2) subsequently refused to submit to a breathalyzer exam per West Virginia law; (3) was driving in excess of the hours permitted under state/federal law; (4) was engaging in reckless driving; (5) was operating an overloaded vehicle; or (6) engaged in distracted driving. There is an indexing provision for the cap, which is similar to the medical malpractice caps. Specifically, the cap would be adjusted upward annually using the consumer price index, but it could not exceed 150% of the original $5 million figure. The section was effective on July 1, 2024, and only applies to claims arising after that date. Successful Convention We recently wrapped up our 91st Dealer Family Convention at Kiawah Island Golf Resort! The convention was an incredible event that hopefully left all of us feeling energized. The convention is an incredible opportunity for learning, networking and collective growth within our industry while also having a good time. I cannot emphasize enough the importance of attending events like these, and I encourage you and your team to join us. Together, we can drive our industry forward. I’d like to thank each and every one of you — our awesome dealer body and your families — as well as our gracious vendor partners who allowed this event to happen. We wouldn’t be able to have such a successful event without every one of you. Please mark your calendars now for next year’s family convention at the Greenbrier on June 8-11, 2025. As always, thank you for your continued support and participation. I hope everyone is having a memorable and enjoyable summer! WVADA News 7
WVADA Preferred Partner Programs are designed to meet the needs of our members while providing competitive pricing. Supporting our Preferred Partners benefits YOUR association and helps maintain low dues for our membership. WVADA works for West Virginia Dealers, buying from our Preferred Partners is like buying from yourself. Preferred Partner Programs ACV Auctions is a full-service, coast-to-coast, wholesale automotive marketplace, providing unmatched transparency that thousands of dealers trust. Capital Automotive’s Safe Buy Limited Powertrain Warranty is the brand for dealers that are serious about selling pre-owned vehicles. Capital allows dealers to differentiate and increase profits through customer confidence in a Safe Buy warranty. Building value allows dealers to sell more cars and increase gross profits. Heritage Crystal Clean provides its customers with parts cleaners, parts washers, drum waste management, oil collection, oil re-refining, vacuum services, parts cleaning solvent as well as other products and services pertaining to the environmental services market. ComplyAuto LLC is a RegTech company offering cloud-based software that helps dealerships enhance their compliance capabilities while becoming more efficient and cost-effective. ComplyAuto uses data analytics and AI to provide real-time automated compliance decisions, performing tasks that would normally require manually intensive processes and human intelligence. We are a ‘dealer first’ business focused on helping our partners find their best path to success, plan for the future and achieve real results. There’s a reason why we’ve been trusted for over 40 years by dealers across the country. We’re proud of the relationships we’ve built with each and every one. The Accelerated Title program offers faster payoff, as fast as 4-6 days, by turning a traditionally manual process electronic. Accelerated Title now uses over 81 lenders and still growing! With over 75 years of automotive experience, Dealer Merchant Services has a proprietary solution to help dealers save up to 75% of their credit card processing fees without disrupting CSI. ACCELERATED TITLE The NADA Retirement Program from Empower Retirement focuses on optimizing participant outcomes through innovative 401(k) plan design. We feature the industry’s only Retail Management System to help you manage every area in your dealership. Whether it’s online interactions, selling and servicing vehicles or managing the business, we’ve got you covered. Contact WVADA today to learn more about our preferred partners, hjustice@wvcar.com or (304) 343-4158. Integrum Advisors provides one-stop, strategic enterprise solutions that make it easy to take care of your people. As full-service consultants, Integrum Advisors delivers complete peace of mind to every client. USI’s dedicated team designs comprehensive programs that include coverage not only for physical damage for your inventory but also theft, false pretense, collisions and more to safeguard your dealership. They also provide loss control services to evaluate your potential threats before they occur and access to online training courses to help reduce workplace incidents. Cross-Sell has developed the ability to instantly email reports after the data is processed each month and has also created an online interface that allows you to analyze, filter, print and download the specific data or reports that you need.
A Better Core in 2024 DominionDMS.com (866) 928-3210 1515 South Federal Highway, Suite 406 Boca Raton, FL 33432, USA SCHEDULE YOUR DEMO Discover how VUE By Dominion DMS gives your dealership: Hearing the cries of the automotive community, we developed a brand new cloud core DMS, called VUE. This software is flexible, efficient and innovative. Schedule a demo and upgrade to a Better Core in 2024. EFFICIENCY INNOVATION FLEXIBILITY SAVINGS Personalization, Engagement, and Speed – the holy trinity of an amazing customer experience. Being a cloud-core DMS and using agile development methodologies means that we can keep dishing out top-notch solutions for our dealers and partners. Dominion DMS is easy to learn and simple to use. You have easy access from any web connection and you get to choose the apps you want and need to drive your success. Behold, VUE! Waving a magic wand to make DMS core fees vanish into thin air. Franchise dealerships can now save while still enjoying our best in class accounting, parts, sales, and service modules.
91st WVADA DEALER FAMILY CONVENTION B ack in June, we held our Dealer Family Convention at Kiawah Island Golf Resort! A special thank you to our dealers, their families and all our sponsors for attending! During the convention, we held our board meeting (sponsored by Pullin, Fowler, Flanagan, Brown & Poe) where we discussed plans for the future of WVADA and how to continue building on our successful association and business plan. For our general business sessions, we had the privilege of hearing from top-notch speakers who delved into the latest trends in the automotive industry. They guided us on how to thrive amidst uncertainty and empowered us to become exemplary leaders. We had special guest speakers, such as Congresswoman Carol Miller, who opened for us at our Monday Business Session (sponsored by Advanced DMS). After Congresswoman Miller spoke, Johnnie Brown of the WVADA general counsel, talked about our Franchise Law and the new updates that were passed, then began a chat with Lauren Bailey, NADA’s director of Franchising and State Law. WVADA News 10
We were also fortunate enough to have Secretary of Department of Commerce James Bailey kick off our Tuesday Business Session (sponsored by ComplyAuto) with a fireside chat with Del. Matthew Rohrbach and Sen. Glenn Jeffries. Sherryl Nens with ComplyAuto was our second speaker, who updated our attendees on the CARS Rule. WVU’s football coach, Neal Brown, joined us as well and closed out our business sessions. Although we had packed mornings with business sessions, we were also able to have some fun on the island. After everyone registered and received their welcome gifts (sponsored by Tetrick and Bartlett and Carsignment), we hosted a welcome reception (sponsored by Cross-Sell) on The Sanctuary’s Grand Lawn to say hello to all attendees. Following that, we held our Golf Tournament (sponsored by Good News Mountaineer Garage) on the Osprey Golf Course, where Specialty Underwriters Group sponsored the golf beverage cart and TrueCar sponsored the box lunches. We ended Monday night with our Ally Pool Party Bash at Night Heron Park and Pool, where the children enjoyed snow cones and hair braiding while swimming with a mermaid! Our attendees enjoyed delicious food (sponsored by WSAZ, Jackson Kelly, Reynolds & Reynolds and NADA Empower) and drinks (sponsored by Integrum, Cox Automotive, TylerTechnologies and DDI Technology). Our guests ended the night by dancing with DJ Trevor (sponsored by JM&A Group). Tuesday was just as much fun, with our Clay Shoot Tournament (sponsored by Capital Automotive), which took place on a boat this year! Thank you to Zurich for sponsoring the box lunches for the excursion. Once everyone was rested and all dressed up, our attendees joined us at Mingo Point for the Chairman’s Reception (sponsored by ChampTitles) and Chairman’s Dinner (sponsored by United Bank). During the night, attendees enjoyed Sunset Cruises (sponsored by Capital City and Mountain State Auto Auction), our photo booth (sponsored by Brightline Dealer Advisors) or they joined us on the dance floor listening to the 100 Grand Band (sponsored by USI). Once everyone was able to get some delicious seafood broil and drinks (sponsored by ACV Auctions, DMS, People’s Bank, and WCHS), they could relax by the fire with s’mores while the children enjoyed face painting and wearing out some energy on the two inflatables (sponsored by CVR). WVADA News 11
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See more photos from the convention. https://www.dropbox.com/scl/fo/fz64uyuyneht28lzxhp9r/ AB7utXeZJ568m4eVtgurbvY?rlkey=ppddxeptsf1ck61drthusj hzh&e=1&st=d3fs8z0m&dl=0 WVADA News 13
T H A N K YO U , EXHIBITORS! Ally Brightline Dealer Advisors Capital Automotive ComplyAuto Cross-Sell CVR DDI Dealer Merchant Service Good News Mountaineer Garage JM&A Group Reynolds & Reynolds United Bank T H A N K YO U , S P ON S O R S ! PRESENTING Protective HEADLINE United Bank | Capital City Auto Auction Mountain State Auto Auction | Ally PLATINUM Capital Automotive Inc. | Cross-Sell DIAMOND Champ Titles | ComplyAuto Good News Mountaineer Garage Pullin, Fowler, Flanagan, Brown & Poe GOLD Brightline Dealer Advisors | Cox Automotive | DDI Integrum | Specialty Underwriters Group | TrueCar Tyler Technologies | USI Insurance Services SILVER CVR | Dealer Merchant Services | Empower | Jackson Kelly PLLC Jim Moran and Associates Inc. Reynolds & Reynolds | WSAZ BRONZE ACV Auctions | Advanced DMS | Carsignment People’s Bank | Tetrick & Bartlett PLLC WCHS-Drive Auto | Zurich 14 WVADA News
It's easy to donate your car, truck, van, or fleet vehicles and help a West Virginia family get back on the road to work. GOOD NEWS MOUNTAINEER GARAGE GoodNewsMountaineerGarage.com 304.344.8445 1.866.Givecar The program is being presented with financial assistance as a grant from the West Virginia Department of Health and Human Resources registered with the West Virginia Secretary of State's Office. GOOD NEWS MOUNTAINEER GARAGE GoodNewsMountaineerGarage.com 304.344.8445 1.866.GIVECAR 1.866.448.3227 The program is being presented with financial assistance as a grant from the West Virginia Department of Health and Human Resources registered with the West Virginia Secretary of State’s Office. CHARLESTON I MASONTOWN WVADA News 15
West Virginia Franchise Law Protections COUNSELOR’S CORNER I t was great to see many of you at the West Virginia Auto Dealer’s Family Convention at Kiawah Island, South Carolina. It was, as always, a wonderful event at a beautiful location. Congratulations to the association and its team on another success. While we were enjoying the activities and business meetings, I received two common questions — let’s be honest, complaints — related to warranty reimbursement for parts and labor and allocation of motor vehicles. Since both are so important to your day-to-day operations and significantly impact your financial bottom line, I thought it timely to take the opportunity to remind everyone about the protections for these two topics within our West Virginia Franchise Law. Warranty Labor Rates and Parts Reimbursement Although the primary changes to labor and parts reimbursement were addressed with our franchise law in 2022, just a quick reminder, in the 2024 changes (effective June 5, 2024), they state that time communicating with the manufacturer is required to be reimbursed and that you can request, in writing, additional time allowance from the manufacturer’s guidelines and it will be presumed reasonable. The key takeaways here are an additional item of reimbursement and that you do not have to accept the manufacturer’s time allowance guideline. To address the specific question about how warranty reimbursement rate for parts is established, our West Virginia statutory law states that a dealer should submit one hundred sequential non-warranty customer-paid service repair orders that contain warranty-like parts or, alternatively, 90 consecutive days of non-warranty customer-paid service repair orders that contain warranty-like parts covering repairs no more than 180 days before this submission and declaring the average percentage markup. The statute further states that the retail rate for labor is to be established using the same methodology, and the dealer may use the same repair orders used to establish the parts reimbursement rate or use separate repair orders for parts and labor. Certain types of work can be excluded from the calculation. Those are repairs under a manufacturer’s special event or promotion discounts, parts sold at wholesale, routine maintenance such as bolts, batteries, fluids, filters, belts, nuts, bolts, fasteners and other similar items that do not have an individual part number, tires and vehicles reconditioning. By JOHNNIE BROWN, ESQ., Pullin, Fowler, Flanagan, Brown & Poe PLLC WVADA News 16
Once a dealer or a vendor completes this analysis, it is submitted, and the manufacturer has 30 days to respond with specific reasons; otherwise, the markup goes into effect. The statute states that the manufacturer or distributor must approve or rebut the presumption that your request is reasonable by showing that it is either fraudulent or inaccurate, not established in accordance with the franchise law or that the parts markup rate or labor rate is “unreasonable in light of the practices of all other same line-made franchise motor vehicle dealers in an economically similar area of the state offering the same line-make vehicles.” As stated above, the manufacturer must be specific and provide a full explanation of the reason for the refusal. They must also provide a copy of all calculations used by the manufacturer if the objection is based upon the accuracy of your submission. If the manufacturer disagrees with you, you have the statutory right to file a lawsuit in the circuit court in the county in which you operate no later than 90 days “after dealer’s receipt of the written notice of rebuttal or adjustment by the manufacturer.” While no one likes to file a lawsuit, if an agreement cannot be reached and it is so disagreeable, the legal burden of proof is on the manufacturer, by preponderance of the evidence, to prove that the dealer’s submitted rate for parts and labor was fraudulent and inaccurate, and not established in accordance with the section or was unreasonable in light of practices of other same line dealers. Please understand that you can make this request annually to the manufacturer, which I encourage all to do. One important point on exchange parts is that it does not matter if a manufacturer supplies an exchange part at no cost. A dealer is entitled to an amount equal to your normal retail parts markup for that part or component. Please keep in mind that, as with any other violation of our franchise law, if a dealer prevails, the dealer is entitled to triple damages and attorneys’ fees and costs against the manufacturer. Allocation The manufacturer’s responsibilities under allocation are, admittedly, not as detailed as warranty reimbursement for parts and labor. However, this is not to say that you are left without recourse and protection. Within the West Virginia franchise law prohibited practice section, you are protected by specific provisions addressing allocation. • First, a dealer is not required to order or accept delivery of new motor vehicles that it does not voluntarily order. When push comes to shove, a dealer does not have to accept vehicles it does not order or that do not meet the needs of its market. • Second, the manufacturer or distributor cannot fail to deliver new motor vehicles within a reasonable time or in reasonable quantities relative to your market area and facilities, unless the failure to do so is caused by things beyond anyone’s control. This refers to matters such as labor strife or our recent COVID-19 pandemic. The statute further provides that a manufacturer or distributor may not penalize a new motor vehicle dealer for an alleged failure to meet sales quotas when the failure is due to the action of the manufacturer or the distributor. • Third, a manufacturer is required to deliver to a dealer all models manufactured by it, including any model that contains a separate label or badge or indicates an upgraded version of the same model. The manufacturer may not use the vehicle’s method of propulsion as a reason for not delivering motor vehicles to you. This 2024 change was intended to address the manufacturers’ attempt to not deliver electric vehicles to certain dealers. I will now address a couple of other ancillary provisions. A manufacturer may not use new motor vehicles that are “in transit” against a dealer when determining a dealer’s sales effectiveness or efficiency. Importantly, if there is a question about allocation, the manufacturer must disclose to the dealer the method and manner by which it distributes certain motor vehicles to your market, and it must include the numerical calculation or formula they use in your market to make allocation. A dealer is also entitled to know the total number of new motor vehicles of any given model that the manufacturer or distributor sold in the dealer’s market area. The dealer’s written request for this information must be answered within 30 days. I hope these reminders may assist you in understanding your rights. It does matter what the dealer agreement states, the franchise law controls. If the dealer agreement conflicts with the West Virginia franchise law, our franchise law governs the situation and establishes the dealer’s rights. I understand we wish to work with our business partners, but there are times when significant disagreements arise or manufacturers do not act like our business partners. This is when your franchise law can protect you. Please understand you have these statutory protections. Of course, should you have any specific questions or need assistance, please do not hesitate to contact me or the association. WVADA News 17
BY THE NUMBERS Is Your Interest Expense Deductible? By STEVE WILLIAMS, Tetrick & Bartlett PLLC With dealer margins coming back to earth after the pandemic, the industry will need to pay closer attention to expenses to maintain a strong bottom line. For most dealerships, the fastest-growing expense over the past couple of years has been interest expense. Lots are full and higher interest rates appear to be here to stay. Managing inventory and negotiating floorplan rates may not be enough to curtail these rising costs. Well-capitalized dealerships can avoid flooring their used inventory or move excess reserves into an account with the lender, which offsets their floorplan and reduces interest expense. This strategy is effective, but only if there is excess cash available in the dealership. Dealers may be tempted to loan their personal funds to the dealership to accomplish this reduction in costs. On the surface, this makes sense; CDs and money market accounts are not paying rates as high as floorplan rates, so why not move the money over to lower costs? To understand why that might have unintended consequences, we must look at a tax law that has been on the books since 2018. The Tax Cuts and Jobs Act imposed a limitation on the deduction for business interest expense. Larger businesses ($30 million or more in average gross receipts) can deduct business interest if it does not exceed 30% of their adjusted taxable income. The full impact of the law was not felt until 2022, when dealers could no longer add back depreciation and amortization expense to keep their adjusted taxable income high. An exception was made for dealers to deduct floorplan interest even if their income could not support it, but many dealers did not need that exception because income was high and interest expense was low. They could even benefit from bonus depreciation if their floorplan interest was not limited. This was a real win for dealers. Fast forward to 2024, let’s consider how this impacts the dealer who loans their personal funds to the company to offset rising floorplan costs. Unless the dealership income can support the deduction (as described above), they may be swapping a deductible expense for a disallowed expense. The exception for dealers only applies to floorplan interest expense, interest on loans from owners does not receive the same treatment. Furthermore, the IRS requires related party loans pay or impute interest at no less than published Applicable Federal Rates (AFR) (mid-term annual AFR for June 2024 is 4.66%), so the dealer may be personally paying tax on the interest income from their loan to the company even though they are not allowed to deduct the interest expense through their business. This law impacts more than just the loans dealers make to their dealerships. A dealer may finance the purchase of equipment or facility upgrades and be surprised to learn the interest expense from the loan is disallowed, and they’re not eligible to take bonus depreciation on the equipment or upgrades. The limitation also carries to commonly controlled entities, so even interest expense on real estate held in a related entity could be disallowed. The complexity and nuances of this law are too much to dive into in one article but know there are tax planning opportunities to help reduce the negative impacts of the business interest expense limitation. Make sure you are working with a tax professional who is familiar with the law and how it affects dealers. Steve Williams works with individuals and businesses out of Tetrick & Bartlett’s Fairmont office to meet their tax and consulting needs and is in charge of the employee benefit plan audit practice for the firm. Tetrick & Bartlett PLLC currently serves over 50 dealers in West Virginia, Virginia, Ohio and Pennsylvania, and is a member of the AutoCPA Group, a nationwide organization of CPA firms specializing in services to automobile dealers. WVADA News 18
Anticipate every turn In an industry that’s always evolving, your dealership can rely on our Dealer Financial Services team’s 90 years of experience to see what’s around the corner, forward-thinking insights to prepare you, and technology to keep you ahead of the curve. What would you like the power to do?® Clay Lanctot, clay.lanctot@bofa.com business.bofa.com/dealer ©2023 Bank of America Corporation. All rights reserved. DFS-699-AD 5949042 Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value “Bank of America” and “BofA Securities” are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, BofA Securities, Inc., which is a registered broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC and a member of the NFA.
I n the auto industry, there is a gap between the number of women in leadership and those who buy cars. Maintaining that discrepancy is risky because it shows a lack of innovation when serving the market. Interestingly, women buy 62% of all vehicles today. Even if they don’t purchase directly, they influence 85% of car-buying decisions. Yet, while more women are in automotive leadership roles than ever, the statistics are still not great. According to Deloitte’s recent study, women account for 47% of the labor force but only 27% of the auto-industry workforce, even though those who do really enjoy it (Women at the Wheel study). The 330 women surveyed, also in a study by Deloitte and Automotive News, have an average tenure of 15 years at the same company and over 26 years in the industry. More than 80% are senior managers (directors, vice presidents and other C-suite occupants), and almost 60% are in marketing, sales, operations or product development. In most industries, women prefer conducting business with other women. Whether it’s their banker, doctor, lawyer, psychologist or salesperson, most women want to deal with the same gender because they feel more heard than when dealing with a man. Even though most women have done their research, they want someone who can understand them and listen. Can a man do this? Absolutely! But sometimes, women need to see another woman in the business before they will walk through the door in the first place. Climbing the Automotive Industry Ladder of Success By SHARON KITZMAN, Dominion DMS So why are there not more women in our industry? From the day in 1882, when Bertha Benz became the first person to complete a long-distance automobile trip, women have popularized the automobile and staged and led many noteworthy developments. There are many reasons why the auto industry fits well with women, and perhaps we all need to do a better job of highlighting those: 1. It’s a great industry for a career change. Many people find the need to switch careers, and the auto industry is an exceptional place to land. For many women looking to return to the job market after a leave of absence, the auto industry has many soft-skill jobs that offer a solid career path, from accounting to finance and beyond. 2. The opportunity to learn new skills. The auto industry offers a wide range of positions, each requiring specific skills to be learned and mastered. 3. A wealth of lateral job moves. Not all job moves need to go straight up. The auto industry has many opportunities 20
that zig-zag, yet they still allow for growth. 4. Charting a career path. The auto industry offers excellent opportunities for advancement. It’s a matter of being observant, asking questions and seeking out the opportunities that arise often in most dealerships. One of the best approaches to success in the auto industry is developing a strong network of allies, mentors and good people to know. And I think there’s no better industry than the automotive industry to start your network. Most dealer principals have more than one story about the people who taught them the business and set up their career trajectory for success within the business — and they typically want to return the favor. Another great source for your network is tapping into your vendor relationships, especially if you already work in the auto industry. Strong vendor partnerships are among the greatest strategic growth tactics and best practice resources available to nearly every industry, including the auto industry. By collaborating with suppliers and vendors, within the framework of a true partner relationship, you can multiply success and profits exponentially. And the best part? Everyone benefits. A genuine mutual relationship that promotes problemsolving is an advantage for profit margins and creates a more productive and engaged organization that focuses on quality outcomes. While this should be a best practice for everyone, it’s especially important to women in the auto industry. As women in the auto industry, it’s important to identify what resources you need to do your job successfully, what resources influence your job area, and what resources can further your career and connect with them. Strong vendor relationships allow you to leverage your time, and strong mentor relationships give you the inside track on how to get things done. The future of women in the auto industry is strong; it won’t remain at 27%, and that’s a good thing. Study after study has shown the importance of gender diversity in all industries, including the auto industry. Companies with diverse management teams experience 19% higher revenue and are 70% more likely to enter new markets. Furthermore, diverse teams are 12% more productive. Better still, turnover goes down 45%. In the automotive industry, where technological advances and shifting consumer demands drive rapid change, embracing diversity and inclusion has never been more crucial. Sharon Kitzman leads the launch and long-term growth of Dominion DMS. Previously, she managed the strategic direction and product development for Reynolds & Reynolds and Dealertrack. Her experience spans every area of dealership software development, including sales, marketing, product lifecycle management, process re-engineering, OEM management, professional services and customer services. Kitzman is a recognized leader in the automotive industry for her expertise in DMS technology. She received numerous accolades for her leadership, including Automotive News Top 100 Leading Women 2015 and 2020, Auto Remarketing Women in Retail 2021 and AutoSuccess Women at the Wheel 2021. She has a Bachelor of Business Administration from Ohio State University. Sharon Kitzman is passionate about creating and nurturing partnerships within the automotive industry and regularly discusses the many vendor products and services within the auto industry on her VUE Points podcast. Scan the QR code to listen. https://www.dominiondms.com/ podcasts/ WVADA News 21
I n the past couple of years, the auto retail business has shown remarkable adaptability, changing to meet new demands during the global pandemic. Not only have dealers addressed an array of challenges — inventory depletion, supply chain disruptions and a skilled labor shortage — while still having some of the most profitable years, but they’ve also responded to evolving consumer buying preferences. Today, 40% of Americans say they’re prepared to configure and purchase a car online, only visiting the dealership for a test drive.1 From sophisticated, tech-based marketing to digital documentation, dealers embrace digital transformation as they strive for efficiency to streamline the buying process. Equally important, savvy auto dealers are welcoming innovations for making and receiving payments. Faster, Easier and More Secure Payments Payment solutions have progressed to become faster, more secure and easier to execute. New options — from Zelle®, PayPal and Real Time Payments (RTP), to Same Day ACH — offer consumers and businesses faster ways to exchange funds. Traditional payment types are plagued with a high risk of fraud. By a wide margin, checks represent the number one fraud risk among payment choices; 63% of respondents in a 2023 survey experienced attempted or actual check fraud at their organization.2 Newer payment methods are constantly upgraded to offer stronger security measures. Consumer demands for faster settlement and funds availability are spurring the shift to digital payments. The latest payment options reflect society’s broad desire for immediacy and younger purchasers’ expectations for simple, digital execution. Payment Strategies for a Changing Auto Retail World By Truist Dealer Services WVADA News 22
Find the Best Way To Pay To realize the advantages of new payment types, auto retailers often start with payables, exploring options to manage private-party, used car purchases, efficiently process customer refunds, handle marketing and advertising expenses, and pay contractors, suppliers and vendors. Processing a paper check creates additional steps for both parties and exposes them to a higher risk of fraud or loss. By moving away from checks, funds can be managed more efficiently, and the transaction can be completed more quickly. Over the coming years, dealers will need to continue to embrace consumer’s universal push for agility and immediacy. The pressure for the same instant fulfillment that customers experience at other kinds of businesses will extend to every aspect of the way auto retailers market, sell and close purchases. As buying becomes more digital, customers — accustomed to the Zelle and PayPal experience — will start to expect the same speedy movement of funds for an auto purchase that they see in other transactions in their daily lives. Yet buyers’ preferences are only one factor to consider in your approach to payments — speed of execution, fees and the risk of payment reversal are part of the equation as well. Payment options need to align with delivery and fulfillment and integrate with your documentation process. For now, merchant services remain the preferred means that auto retailers use to secure payment for deposits, in-person sales, and parts and services. A familiar choice for customers, it can be implemented in both face-to-face and e-commerce settings. Key Business Payment Options As you consider the best type of payment for each purpose, keep in mind that a bank like Truist can accept a single file with multiple payment types and then separate and direct each payment where it needs to go. That consolidated payments approach could simplify the time your finance and technology teams spend staging payments. Payment Type Payment Description Impact Real Time Payments Electronic payments through RTP member banks • Immediate, irrevocable settlement. • Low transaction cost. • Minimal incidence of fraud(0.1% of all RTP payments according to The Clearing House).3 Same Day ACH Electronic payments through any financial institution • Same business day settlement up to 2:00 p.m. • Low transaction cost. Purchasing and Virtual Cards Individual cards or virtual card numbers issued for one-time or repetitive payments to OEMs, vendors and service providers • Same-day settlement to seller. • Extends days of payables outstanding. • Lowers administrative costs. Checks Paper-based payments • Variable settlement. • High end-to-end cost. • High incidence of fraud — 63% of businesses have experienced check fraud.2 WVADA News 23
Tuesday, Oct.1st VIENNA Grand Pointe Conference Center 1500 Grand Central Ave Vienna, WV 26105 Wednesday, Oct. 2nd CHARLESTON Charleston Coliseum 200 Civic Center Dr Charleston, WV 25301 Thursday, Oct. 3rd BECKLEY Beckley-Raleigh County Convention Center 200 Armory Dr Beckley, WV 25801 Tuesday, Oct. 8th WHEELING Wheeling Country Club 906 Oglebay Dr, Wheeling, WV 26003 Wednesday, Oct. 9th MARTINSBURG Hilton Gard Inn 65 Priority Dr Martinsburg, WV 25401 Thursday, Oct. 10th BRIDGEPORT Bridgeport Conference Center 300 Conference Center Way Bridgeport, WV 26330 MOTOR VEHICLE & TITLE REGISTRATION SEMINAR Save the Dates! 6 Locations Scan for registration form Building a Payments Strategy The range and sophistication of payment options continue to evolve. Payments planning as you work toward creating a payments policy can help ensure your choices align with your business goals and provide the most efficient and cost-effective option for each type of payment you make. Developing a sound payments process starts with a careful assessment of all your incoming and outgoing payments, along with the business requirements behind each one. Examine each type of payment you make in terms of security, speed, cost and convenience involved in moving those funds. Questions you will want to consider include: • When should you remit payment based on terms and discounts? • Do you have a hierarchy of preferred payment options based on transaction cost and ability to mitigate fraud? For example, your preferred payment method may be virtual cards, followed by ACH and RTP. • Do you have segregation of duties where one person enters the payment and a second person approves the payment? A payments strategy can guide you in improving the use of your working capital as you hold onto funds longer before remitting payment, send payments the most cost-effective way, mitigate fraud risks and ensure proper payment authorization. As you begin to design your own payments strategy, refer to the business payments options outlined above. A Corporate Payments Strategy — A Smart Choice Apply the same energy toward payments you use to reach customers through marketing and sales. Your Truist Dealer Services relationship manager can help you determine the best payment options for your business. 1. Digital Auto Report 2023 Volume 1 — Understanding Customer Preferences and Implications, PWC, 2023. 2. AFP 2023 Payments Fraud and Control Survey, Association for Financial Professionals, 2023. 3. John Adams, Real-time payments leave little time to spot fraud, American Banker, October 23, 2023. Truist Bank, Member FDIC and Equal Housing Lender. ©2024 Truist Financial Corporation. WVADA News 24
February 20, 2025 STAY TUNED WVADA VIP Charity Gala Sponsorship opportunities available. Save the Dates 92nd WVADA Dealer Family Convention June 8-11, 2025 & 94th WVADA Dealer Family Convention June 13-16, 2027 93rd WVADA Dealer Family Convention June 14-17, 2026 WVADA News 25
IN THE COMMUNITY Timbrook Ford Timbrook Ford invited local food vendors to set up on their dealership lot for customers to enjoy great food in between test-driving cars. Stray Dog Vending and Farm 2 Flame Concessions shared their delicious food while having tons of fun. Way to support the local community! Harry Green Chevrolet Back in March, Harry Green Chevrolet celebrated its grand reopening with food, fun and so much more. Congrats, Erik and Nick Green and the entire team! Cole Chevrolet GMC Let’s give a round of applause for the remarkable Mr. Les Farmer, February’s WVVA-Cole Chevy Teacher Feature winner! As always, WVVA and Cole Chevy are still joining forces to honor outstanding educators in the two Virginias. Each month, they spotlight a “Teacher Feature” and present the selected educator with a $250 check from Cole Chevy. Walker Chrysler Dodge Jeep Ram Back in April, Walker Chrysler Dodge Jeep Ram recognized Steve Annie on his last day before he set off into a retirement filled with golf and lots of fishing. Steve will definitely be missed. Good luck, Steve, and enjoy your retirement. Moses Nissan Of Huntington In April, Moses Nissan of Huntington recognized Don Jones, who first came to the Moses AutoMall Service department in 1986. Through the years, Don has proven himself an invaluable asset to the dealership. In 2020, Don was recognized as Certified Master Technician by Nissan. Happy anniversary, Don! WVADA News 26
Walker Chrysler Dodge Jeep Ram Two Walker Chrysler Dodge Jeep Ram employees won the West Virginia AA State Softball Championship. Congratulations Emeri Nelson and Evie Loyd! Moses Lexus In April, the Moses Lexus cut the ribbon for their brand-new showroom! It was a family affair! Congratulations to the team at Moses Lexus! Thornhill Chevrolet GMC Congratulations to Wally Thornhill for being a Chevrolet dealer for 25 Years! Timbrook Chevrolet Timbrook Chevrolet has been honored with multiple “Best of” awards in and around Mineral County! This recognition is a testament to their dedication to providing exceptional service, top-quality vehicles and outstanding customer experience. Their award wins include Best New Car/ Truck Dealership, Best Used Car/Truck Dealership, Best Auto Repair/Service Center, Best Auto Mechanic — CJ Robertson and Best Car Salesperson — Derek Coble. WVADA News 27
Astorg Auto of Charleston Congratulations to this year’s winner of the West Virginia Golf Association 105th West Virginia Amateur Championship, Christian Brand. Toothman Ford Toothman Ford provided the car for Former POW Jessica Lynch to serve as the Parade Marshal for the Grafton Memorial Day Parade. What a privilege! Victory Chrysler Dodge Jeep Ram The team at Victory Chrysler Dodge Jeep Ram celebrated a milestone birthday for their incredible boss, Brian Schrimpsher! Happy 50th birthday, Brian, and here’s to a year ahead filled with success, happiness and great health! WVADA News 28
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Jared Wyrick President BOARD OF DIRECTORS EXECUTIVE COMMITTEE DIRECTORS AT LARGE Jonathan LeRose Director At Large Midstate Automotive/ Northside Lee-Anne Cole Greene Director At Large Cole Chevrolet Cadillac Buick GMC Haley Justice Communications & Events Director Wally Thornhill NADA PAC Chair Thornhill Auto Group Bill Cole WVCAR PAC Chair Bill Cole Automotive Mike Matheny Emeritus Matheny Motors Don Warner District 4 Director Warner Kia Lou Thomas District 4 Director Louis Thomas Subaru Vacant District 3 Director Fred Parsons District 3 Director Kent Parsons Ford Suzanne Persinger District 5 Director Moses Honda Volkswagen Keith Powell District 5 Director Yes Chevrolet Ford Dennis Sheets District 6 Director Sheets Chrysler Dodge Jeep Ram LLC Grant Talbott District 6 Director Greenbrier Ford Chevrolet Jason Moses III NADA Director Moses Automall Tim Matheny Exclusive Truck Dealer Matheny Freightliner Nick Green District 2 Director Harry Green Chevrolet Nissan Jason Minsker District 2 Director Buckhannon Toyota Bryan Fato District 1 Director Straub Automotive Group Dennis Sheets Vice Chair Sheets Chrysler Dodge Jeep Ram LLC Rodney LeRose II Secretary/Treasurer Midstate Automotive/ Northside Vacant JR Toothman Chair Toothman Ford West Virginia Automobile Dealers Association 1618 Kanawha Blvd E. Charleston, WV 25311 Phone: (304) 343-4158 wvcar.com Alex White Director At Large Paul White Chevrolet MEET OUR TEAM https://wvcar.com/meet-our-team/ Vacant District 1 Director WVADA News 30
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