Nov. 10, 2010
In the just-released Revenue Procedure 2010-44, the IRS offers dealerships a very beneficial UNICAP method that will resolve many of the issues dealerships have faced from IRS UNICAP audits. The new guidance allows dealerships to file a Form 3115 to elect the new method using the simplified automatic provisions. Under the new method, qualifying dealerships can reduce or, in some cases, completely eliminate the amount of UNICAP that they are required to capitalize.
Since the IRS began attacking dealership UNICAP five years ago, there has been uncertainty about exactly what costs dealerships needed to capitalize. The holdings the IRS issued in a 2007 private letter ruling changed significantly how most dealerships, and even the IRS, applied UNICAP to dealership operations. The National Automobile Dealers Association (NADA), with the help of consultants from Crowe Horwath LLP, fought the 2007 IRS ruling and successfully convinced the IRS and the U.S. Department of the Treasury of the need for guidance that reflected what was really intended by the UNICAP law. In addition, NADA encouraged the IRS to issue guidance that would be easy for dealerships (and IRS auditors) to apply. The new guidance seems to answer most of these concerns.
In this new revenue procedure for dealerships, the IRS allows dealerships to file a Form 3115 to change their method of accounting for UNICAP. The guidance contains certain safe-harbor provisions that address some of the most controversial aspects of the UNICAP rules and can be applied in a simplified manner. Dealerships use the automatic provisions to file the form, which means that one copy of the form is sent to the IRS and another is attached to the dealership’s tax return. There is no filing fee, and consent to the change is automatically granted. In subsequent audits by the IRS, the auditor may check to see if the form was filed properly and whether the dealership is complying with the new rules.
Bob Zwiers, one of Crowe’s consultants to NADA, says, “This new revenue procedure is what we have been working for. We have been telling the IRS that their interpretation of the UNICAP rules was overly burdensome and relief was needed. This new ruling goes a long way to getting the IRS back to what we always thought should be a reasonable application of the UNICAP rules. Most dealerships will want to take advantage of the ruling by formally adopting the new method by filing that Form 3115.”
This information is provided by Crowe Horwath. For more information, please contact Stephen Bedell at 614.365.2213 or stephen.bedell@crowehorwath.com or Bob Zwiers at 616.752.4278 or bob.zwiers@crowehorwath.com.