Like-Kind Exchange and Fixed Asset Conference. State of the Leasing Industry October 28, 2010

Similar documents
Obama Tax Compromise APPROVED by Congress

How To Get A Small Business Tax Credit

Highlights of the 2010 Tax Relief Act

Dodd Frank Act Consumer Financial Protection Bureau Mortgage Lending

SMALL BUSINESS LENDING BILL PROVISIONS September 20, 2010

TAX PROVISIONS IN THE AMERICAN TAXPAYER RELIEF ACT OF 2012 (ATRA) James Nunns and Jeffrey Rohaly Urban-Brookings Tax Policy Center January 9, 2013

2011 PUBLIC POLICY PRIORITIES

The 2010 Tax Relief Act What you need to know

PATRICK J. RUBEY & COMPANY, LTD. CERTIFIED PUBLIC ACCOUNTANTS

An Overview of The Tax Relief Act on 2010

Industrial Finance - The Equipment Leasing and Financing Industry

Renewable Energy Finance Fundamentals

PROVISIONS ENACTED BY THE AMERICAN TAXPAYER RELIEF ACT OF 2012 THAT CREATE CONFORMITY ISSUES WITH A SIGNIFICANT IMPACT ON MAINE INCOME TAXES

Tax Night: Planning for Higher Income, Estate, and Medicare Taxes

U.S. Legislative Outlook Tom Patten 2 March 2011

United States General Accounting Office. Testimony Before the Committee on Finance, United States Senate

Financial Crisis Policy Responses in the US National Accounts

Department of Legislative Services 2014 Session

Tax legislative outlook

Small Business Jobs Act - Revenue Management and Tax Advantages

June 2, Re: Jobs and Growth Tax Relief Reconciliation Act of 2003

Enhance and permanently extend the research tax credit, and increase the rate of the alternative simplified research credit (ASC) from 14% to 17%.

2014 Tax Newsletter HIGHLIGHTS. Potential Tax Reform Income Tax Rates Tax Extenders. Repair Regulations. Affordable Care Act

Dodd-Frank: What About Leasing? October 2011 By Paul Bent. Part Two of a Two-Part Article

S-Corp Tax Advantages and Disadvantages

HOW THE TAX RELIEF ACT AFFECTS

BACKGROUND ON THE SMALL BUSINESS BILL SIGNING TODAY

CLOSELY-HELD BUSINESSES

* Licensed in this guidance note refers to holding an Australian Credit Licence (ACL) or being a credit representative of an ACL.

Small Business Tax Saving Strategies for the 2012 Filing Season

EMPLOYEE STOCK OWNERSHIP PLANS

Fiscal Response to the Financial Crisis - Overview of Important Accounting Concepts

Tax Provisions in Administration s FY 2016 Budget Proposals

TAX RELIEF ACT UPDATED DECEMBER 29, 2010

KBW Mortgage Finance Conference. June 2, 2015

RE: Regulation YY - Proposed Rule Regarding Enhanced Prudential Standards and Early Remediation Requirements for Covered Companies (RIN 7100-AD-86),

Higher Education Tax Benefits: Brief Overview and Budgetary Effects

Statement of. David Hehman President and CEO Federal Home Loan Bank of Cincinnati. Before the. House Financial Services Committee

Self Managed Superannuation Funds

2013 Federal Income Tax Update with The American Taxpayer Relief Act of 2012

SANTANDER WOULD MAINTAIN CAPITAL STRENGTH IN SEVERELY ADVERSE SCENARIO, BASED ON FEDERAL RESERVE STRESS TEST

Crunch or Crucible? Upcoming Changes in the Federal Tax Law A Special Edition Tax Guide for Friends and Alumni of Pomona College

CLIENT UPDATE THE CFPB ISSUES BULLETIN ON INDIRECT AUTO LENDING AND COMPLIANCE WITH THE EQUAL CREDIT OPPORTUNITY ACT

Congressional Budget Office s Preliminary Analysis of President Obama s Fiscal Year 2012 Budget

Client Letter: Individual Tax Provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010

Plan for Prosperity. A Regulatory Relief Agenda to Empower Local Communities

Low Income Housing Tax Credit Program

Congress Begins Work on ETI Replacement Legislation (08/01/03)

Congress passes 2012 Taxpayer Relief Act and averts fiscal cliff tax consequences

Summary of the Housing and Economic Recovery Act of 2008

CRS Report for Congress Received through the CRS Web

Tax Update: Another Year For Tax Breaks By Kurt J. Kilwein, CPA, CFP, Partner and Olga Zarney, CPA, MBT, Manager

Importance of the Consumer Financial Protection Bureau

TAX RELIEF ACT EXTENDS CURRENT TAX RATES, RENEWS EXPIRING PROVISIONS AND PROVIDES NEW INCENTIVES FOR INVESTMENT

Tax Relief Act of 2010 extends Bush-era tax cuts and carries a host of other tax breaks

LIFE INSURANCE DIVISION

The Jobs and Growth Tax Relief Reconciliation Act of 2003: What Businesses and Investors Need to Know

The University Of California Home Loan Program Corporation (A Component Unit of the University of California)

M&A Tax Recent Guidance

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE. Tax Relief Extension Act of 2015

WikiLeaks Document Release

Illinois Department of Revenue Regulations. Title 86 Part 100 Section Financial Organizations (IITA Section 1501) TITLE 86: REVENUE

American International Group, Inc. Financial Supplement Fourth Quarter 2005

New York State Corporate Tax Reform Outline Part A of Chapter 59 of the Laws of 2014 Signed March 31, 2014 April 2014

Statement of the U.S. Chamber of Commerce

A Survey of SME Finance and the Emerging Alternatives for Access to Capital

The Consumer and Business Lending Initiative

U.S. Corporation Income Tax Return For calendar year 2015 or tax year beginning, 2015, ending, 20

BUSINESS ENTITIES AND ECONOMIC DEVELOPMENT

RE: Truth in Lending Act (Regulation Z) Loan Originator Compensation Docket # CFPB

Contact: Jeff Sigmund, ABA Public Relations (202) or

CFPB FINAL RULES SUN WEST IMPLEMENTATION GUIDE

Transcript for Canceled Debt (Tax Consequences)

ACTION ITEM REVISIONS AND MODIFICATIONS TO UNIVERSITY OF CALIFORNIA LOAN PROGRAM POLICIES AND PROCEDURES EXECUTIVE SUMMARY

FHLBanks: The Basics. For more information, visit

Municipal Bond Tax Legislation or

White Paper: HB 631/SB 666 Loan Originators, Mortgage Brokers, & Mortgage Lenders

New Markets Tax Credit: An Introduction

TRUSTED INTELLIGENCE 1

CFPB Issues Much Anticipated Final Rules: Ability to Repay, Qualified Mortgages, Escrow Requirements and Homeownership Counseling

NAS 09 NEPAL ACCOUNTING STANDARDS ON INCOME TAXES

Client Letter: Individual Tax Provisions of the American Taxpayer Relief Act of 2012

Consolidated Interim Earnings Report

June 22, Dear Mr. Mundaca,

Overview of SBA Economic Development Programs and the Impact of the Recovery Act. April 21, 2010

Swiss-American Chamber of Commerce Corporate Tax Reform - Impacts on Swiss and Other European Companies

Tax Provisions in Administration s FY 2016 Budget Proposals

Independent Community Bankers of America (ICBA) Helping Community Banks Increase Small Business Lending

New Legislation Enhances the Benefits of a Section 1042 Tax-Deferred Sale

Commercial Real Estate Investment: Opportunities for Income Generation in Today s Environment

G8 Education Limited ABN: Accounting Policies

Financing Manufactured Homes in America Today and in the Future. Floor Plan Lending

Basis of the Financial Stability Oversight Council s Final Determination Regarding General Electric Capital Corporation, Inc.

How To Pass The Preserve Access To Manufactured Housing Act

ANALYSIS OF AMERICAN TAXPAYER RELIEF ACT OF 2012 (INCLUDING CALIFORNIA CONFORMITY)

Scheduled for Markup by the SENATE COMMITTEE ON FINANCE on February 11, Prepared by the Staff of the JOINT COMMITTEE ON TAXATION

Home Improvement Insurance and Flood Hazard Determination

2015 NEVADA TAX REFORMS. Commerce Tax, Modified Business Tax, Business License Fee

Transcription:

Like-Kind Exchange and Fixed Asset Conference State of the Leasing Industry October 28, 2010

David Fenig Vice President Federal Government Relations Equipment Leasing and Finance Association 2

State of the Leasing Industry: Legislative and Regulatory Update ELFA Overview Legislative and Regulatory Overview-Taxation Legislative and Regulatory Overview- Financial Reform 3

Equipment Leasing and Finance Association Represents over 600 financial services companies and manufacturers in the $521 billion U.S. equipment finance sector. Members are engaged in the financing, utilization, and investment in capital goods through both lease and loan products. Members are the driving force behind growth in the commercial equipment finance market and contribute to capital formation. Business investment in equipment and software accounts for 8% of U.S. Gross Domestic Product (GDP) and the commercial finance sector contributes 4.5% to the GDP. 4

ELFA Members Independent leasing and finance companies Captive finance companies Commercial banks Diversified financial services companies Brokers and packagers Investment banks Service providers 5

Types of Capital Equipment Financed Commercial and corporate aircraft Rail cars and rolling stock IT equipment and software Vessels and containers Construction and off road equipment Medical technology and equipment 6

ELFA s Mission The forum for industry development best practices standards professional and business development The platform to advocate for the industry - policy - advocacy - media - standards-setting The principal resource for industry information - policy - market data - research - best practices - industry analysis 7

Who is the Equipment Leasing & Finance Association? Banks 26% $250M - $1.0B 12% Over $1.0B 8% Under $20M 35% $100M - $250M 15% Captives 15% Independent, Financial Services 59% $20M - $100M 30% ELFA Membership by Type of Organization and Annual Volume 8

Advocacy: Federal Government The ELFA has taken a leadership role on key priority federal government relations issues by creating and leading industry coalitions on taxation, financial regulation, transportation policy, energy, and federal leasing including: Federal Tax Committee Financial Services Regulations Subcommittee of the Legal Committee Air Rail and Marine Subcommittee of the Legal Committee Renewable Energy Working Group Federal Subcommittee of the Public Sector Finance Committee 9

Government Response to Economic Crisis TARP (Troubled Asset Relief Program) TALF (Term Asset-backed Securities Loan Facility) TLGP (Temporary Liquidity Guarantee Program) CPFF (Commercial Paper Funding Facility) Stimulus Program- American Recovery and Reinvestment Act of 2009 (P.L. 111-5) Financial Regulatory Reform-Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (P.L. 111-203) 10

11 Significant Legislation in 2009-2010 Economic Stimulus Bill (P.L. 111-5) Unemployment Insurance (UI) extension with NOL 5 year carryback provision Healthcare Reform (P.L.111-148 and P.L. 111-152) Unfinished Business in 2010 Tax extenders Estate tax Climate change Expiration of Bush tax cuts/ dividends/ capital gains HIRE Act (P.L. 111-92) Financial regulatory reform (P.L.111-203) Small Business Jobs and Credit Act of 2010 (P.L. 111-240) 11

Major Changes in Tax Landscape in 2011 12 Provision 2010 2011 (Current law) Obama FY2010 budget Income tax rates 10%, 15%, 25%, 28%, 33%, 35% 15%, 28%, 31%, 36%, 39.6% 10%, 15%, 25%, 28%, 36%, 39.6% Capital gains rates 0% and 15% Maximum 20% 2010 regime, except 20% rate on capital gain and dividend income that would be taxed at two highest rates under regular tax Dividends rates 0% and 15% Taxed as ordinary income (highest rate 39.6%) Estate tax 0% (may change mid-year, with congressional action) $1 million exemption, 55% rate Extend 2009 regime of $3.5 million exemption, 45% rate Marriage penalty Deduction for couples 200% of deduction for singles Deduction for couples 200% of deduction for singles repealed Deduction for couples 200% of deduction for singles made permanent Child tax credit $1,000 $500 2010 regime ($1,000) 12

13 Major Changes Starting in 2011 if Congress Does Not Act Reinstate 36% and 39.6% rates Increase capital gains from 15% to 20% Increase dividends tax rate from 15% to 39.6%) Reinstate full phase-out of itemized deductions Reinstate full phase-out of personal exemptions 13

Legislative and Regulatory Overview Taxation Bonus Depreciation Extension in ARRA and SBJA ARRA Investment Structures Using ITCs or Grants (Section 1603) Economic Substance/ Pre-Tax Profit requirement Eligibility and Timing Partnership Issues Foreign and Tax-Exempt Participation Leasing Issues Recapture Codification of Economic Substance Doctrine in Patient Protection and Affordable Care Act of 2010 (P.L. 111-148) pre tax profit test Extenders-Extension of Subpart F Active financing provision Guidance on "true leases" (e.g., re-leases, residual value guarantees and lessor transfers) to the Treasury/ IRS Annual "Business Plan." 14

Legislative and Regulatory Overview Financial Reform Consumer Financial Protection Bureau (CFPB) Securitization Market - Risk Retention Rules Syndications Market - Risk Retention Rules Systemic Risk Regulator/regulation of non-bank financial institutions and captive finance companies Equal Credit Opportunity Act (ECOA) 15

Consumer Financial Protection Bureau Scope of Consumer Financial Protection Bureau (CFPB) Title X definition of consumer an individual/agent/trustee or representative acting on behalf of an individual. Definition of consumer financial product or service / used primarily for personal family or household purposes Distinction between consumer and commercial transactions/nonapplicability of CFPB to small ticket transactions Consumer Leasing Act and Truth in Lending Act have specific exemptions for commercial transactions. 16

Risk Retention - Securitizations Act directs risk retention (skin in the game) for each category of ABS including a loan and a lease Applies to any loan or any asset Establishes a basic 5% risk retention rule Allows for less than 5% if there is a low credit risk with respect to the loan Allows for separate rules for securitizers of different classes of assets SEC must issue rules within 270 days after DOE Effective date: Two years after SEC issues rules for non mortgage backed securities classes 17

Risk Retention - Syndications House bill applied risk retention rules to creditors and securitizers Senate bill applied risk retention rules to securitizers only Act applies the risk retention rules to securitizers only rather than securitizers and creditors Act also permits the federal agencies to apply the rules to an originator who sells an asset directly or indirectly to a securitizer Application of provision to the range of portfolio sales is somewhat ambiguous/ raises regulatory issue going forward 18

Key Regulatory Issues on Risk Retention Address any loan or any asset standard Clarify time limit on originator risk retention Clarify that advance rate discount qualifies as risk retention Clarify no vendor risk retention 19

Systemic Risk Regulation for Non-Bank Financial Institutions Grants authority to require supervision and regulation of certain Nonbank Financial Companies Restricts Federal Reserve's systemic risk regulation to companies "predominately engaged in financial activities Defined as a company that earns at least 85% of its consolidated revenues or consolidated assets from financial services Exemption for companies earning less than 85% of its revenues from financial services Impact on wholly owned separate finance subsidiaries under "predominately engaged in financial activities standard 20

Systemic Risk Regulation Considerations Amount of leverage Amount and nature of assets Amount and types of liabilities held Dependence on short term funding Off balance sheet exposures Amount of credit provided to commercial and retail customers 21

Equal Credit Opportunity Act (ECOA) Requires gathering/retaining certain personal data of customers and applies to any application to a financial institution for credit Requirements mandate that lenders create a separate and parallel system for information recordation, maintenance and dissemination Costs of creating such a parallel system will be significant and may amount to millions of dollars for larger institutions Information maintained on this system will have to be extracted from the application and accompanying documents requiring lenders to incur additional costs of employees and related expenses 22

23 Questions? David Fenig Vice President Federal Government Relations Equipment Leasing and Finance Association dfenig@elfaonline.org 202-238-3419 23