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WASHINGTON -- The recent
explosion of cash-back
coupons and rebates on the
sale of cars and trucks has
done great things for
automobile manufacturers,
for consumers, and --
largely unnoticed -- for
many state tax collectors.
Edmunds.com, which tracks
the automobile industry, put
total cash rebates last year
at more than $28 billion
nationwide. And lots of
states are collecting sales
or excise taxes on that
amount, even though it is
ultimately returned to
customers.
As a result, state tax
collectors benefit two ways
-- both from the rise in
sales, which of course
creates more revenue to be
taxed, and from the tax on
the higher, pre-rebate sales
price.
"The state's hand is hidden
in this, but it's in your
pocket," said John Townsend,
of AAA Mid-Atlantic.
Under the laws of most
states, a rebate is treated
"as a form of cash payment
(to the seller) so it
doesn't affect the
transaction price," said
George Hoffer, professor of
economics at Virginia
Commonwealth University.
Jack Gillis, of the Consumer
Federation of America, said
his group has had several
complaints recently from car
buyers who noticed that they
had been taxed on a higher
amount than they had paid.
"That's outrageous," Gillis
said. "Sales tax always has
to be based on the actual
sales price. With a rebate,
that's price less the
rebate. What's the next step
-- you go ahead and charge
tax on the MSRP
(manufacturer's suggested
retail price) even though
you've negotiated $5,000 off
the price?"
In the wake of the success
of other forms of price
reductions such as "employee
discounts" that U.S.
manufacturers offered this
summer, some have been
talking about moving
permanently to lower prices
rather than spasmodic rebate
campaigns. Such a shift, if
it were to take place and
stick, might reduce revenue
in some states, though in
today's strong economy that
prospect is not as worrisome
as it might have been a few
years ago.
Since not all states tax
rebates, and those that do
charge widely varying rates,
figuring an overall revenue
loss is difficult. But some
states have calculated the
possible consequences of a
loss to rebate taxes. In
Virginia, for example, early
estimates put the figure in
the $20 million to $30
million range.
Since the state's 3 percent
auto excise tax brings in
more than $600 million a
year, such a loss would be
noticeable but hardly
devastating.
"The states' sales tax base
is a big sucker, (and)
although motor vehicles are
a nontrivial component of
the base, I'm not sure that
would provide a really major
shock," said John Mikesell,
an Indiana University
professor who studies sales
and related taxes. "You're
not zeroing out autos from
the base, just diddling with
a piece of it. I'm guessing
it's not going to create a
particular catastrophe."
Most states' taxes on car
sales adopt a principle
similar to the one that
states often employ with
grocery store coupons: If
the store cuts the price,
either directly or as a
result of a lower price from
the manufacturer, the sales
tax is computed on the price
the customer pays.
Similarly, if the store cuts
the price via an in-store
coupon or a
"frequent-shopper" card, the
coupon value is subtracted
at the cash register before
the tax is computed.
On the other hand, if a
coupon is supplied and paid
by a third party, such as a
toothbrush manufacturer,
then the tax is based on the
store's shelf price for the
toothbrush before the coupon
is applied.
Manufacturers' coupons on
groceries and other items
amounted to $2.8 billion in
redemptions last year,
according to NCH Marketing
Services Inc., a consulting
and research firm based in
Deerfield, Ill. However,
that sum is small in
comparison with automotive
rebates.
In many states, taxes on
cars work the same way. If
the price of a car is simply
lowered by the manufacturer
-- for instance by giving
shoppers the equivalent of
an employee discount, or if
the customer negotiates a
lower price with the dealer,
the tax is computed on that
price. But if the customer
is given a coupon by the
manufacturer that further
lowers the price, the value
of that coupon is subtracted
after the tax is calculated.
In other words, if the
sticker price of a car is
$30,000, and the carmaker
cuts the price to $28,000,
or if the buyer simply talks
the dealer down to $28,000,
the tax is based on $28,000.
But if the dealer holds fast
at $30,000, but the
manufacturer supplies a
$2,000 coupon so the price
to the customer is again
$28,000, the tax is computed
on $30,000.
"I don't think people really
realize how all this
discount stuff works," said
Pat Pelino, a tax consultant
with Vertex Inc., a tax
consulting and software firm
based in Berwyn, Pa., and
specializing in state taxes.
States want to protect their
tax base, she said. "They
love to get you coming and
going."
But not all states tax
rebates, said Jeffrey
Pretsfelder, senior tax
analyst with RIA Group, a
tax research and publishing
firm based in New York.
"Quite a number either
categorically allow the
rebates (before tax is
figured) or allow them under
certain circumstances," he
said.
Some don't tax them if they
are identified and stated
separately on the sale
documents, he said. Others
don't tax them if they are
used as part of the down
payment.
Delaware, which has a tax of
about 2.75 percent on car
sales despite having no
general sales tax, doesn't
tax rebates that are figured
into the price at the time
of the sales transaction.
And if the rebate doesn't
show on the original
transaction but is paid
later by the manufacturer to
the buyer, the state allows
the buyer to fill out a form
and claim a refund of tax
paid on the rebate amount.
And some analysts don't
think rebates are going
away, no matter what
carmakers say.
"Lower list prices and
cutting dealer margins
forces the dealer into
narrow band of prices,"
Hoffer said. "It guarantees
factories will have to come
back with rebates."
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