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IRS Tax Credit misinformation?

Discussion in 'Gen 1 Prius Plug-in 2012-2015' started by forte88, Nov 12, 2012.

  1. John H

    John H Senior Member

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    forte88,

    Even if the leasing company claims the federal tax credit, the individual can still be the beneficiary. Many people do NOT have enough tax liability (students) to claim the full tax credit but they can get a better lease package because of the tax credit incentive.
     
  2. Marcus T

    Marcus T Junior Member

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    Exactly. I fought for better lease deal because TFS was getting the $2,500 tax credit. Some dealers will say yes, some won't. Wouldn't have made my deal unless they "compensated" me for loss of credit. In fact, I started walking out when they said "wait a minute, we can do better". Might have even got them down to $275/mo but I was tired by that point.
     
  3. slcMPG

    slcMPG Member

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    Have to do some research, all the best deals are giving you the tax credit in your monthly price. buyatoyota.com has in some regions: $249 per month for 24 months with $2,799 due at lease signing. Or get the $4000 off if you buy out east.
     
  4. Marcus T

    Marcus T Junior Member

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    My starting point was $259/mo for 36 mo with $2,499 down AND $4,000 cash off. In fact, first month is included in $2,499 so not even that much down really. Only have 35 months left at OTD $285. With tax it came to $277.13 and they then included all their fees and GAP insurance to bring it to $285. Sweet!
     
  5. Marcus T

    Marcus T Junior Member

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    But realize they did "force me up" to $3,000 down which is really $2,715 seeing as first month of $285 is in there. The posted "$2,499 down" seems to just be a starting point for them. But who knows, as it gets closer to 2013 time they might make even better deals to get rid of remaining 2012 PIPs. For me, I was quite pleased with what I got.
     
  6. forte88

    forte88 Member

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    I was fully aware about the tax credit vs tax liability. I did that math before I went to the dealership. I personally would be eligible for the entire credit. As I said earlier.. at least with Nissan, they offer greater than the fed tax credit with their rebate. I really don't have a qualm with that. But I still think it should be disclosed. Toyota however only gave me 1000.00 rebate.. with NO mention that this is in lieu of the Fed Tax Credit 2500.00. In fact.. the opposite.. they said I could still take it.. on several occasions. I think that is what is really getting me all fired up; being lied to and taking money that I feel should go to individuals.. not corporations. I am a big proponent of green energy.. Hell.. I have a Leaf and PIP. People need the incentives more than corporations. Toyota just backhandedly pocketed 1500.00 of my money as far as I'm concerned.
     
  7. Marcus T

    Marcus T Junior Member

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    They would have pocketed at least $2,500 of mine if I had signed their original offer. I walked out and then they suddenly "found extra savings".
     
  8. Marcus T

    Marcus T Junior Member

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    And they never came out and said it was in "lieu of the Fed Tax Credit 2500.00".
    They just mysteriously "found" the extra savings that in my mind made up the difference.
    And this was after already getting the $4,000 cash off.
    No way I could pass that up.
     
  9. forte88

    forte88 Member

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    I wish I would have known what you did. I was told I could still claim it. I didn't see anything in the forums (up front anyway) that gave me a red flag... and didn't think I needed to go digging for it. I thought the sources that apparently gave me wrong information were reliable. Live and Learn. Maybe Prius Chat should now have a main thread about the incentives that specifically states that Leases to not get the tax credit.. beware! I found that I'm not the only one that has been given this false information. I even convinced a co-worker of mine to buy a PIP on the information I had. Imagine how embarrassed I'm going to be today when I get to work that I have to tell her not to count on that $2500.00. This is REALLY going to suck. Of course.. her dealer told her the same thing I was told. It's not just one dealer... The whole thing smells like last year's underwear.
     
  10. ProximalSuns

    ProximalSuns Senior Member

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    You didn't do anything wrong and approached it as most consumers would. If the Toyota dealership told you that you qualified for the Federal Tax Rebate, you should sue them in small claims court, minimal cost and time, for the up to $7500. Worst case you make them come to court and lie under oath and you pay court costs if you lose. Best case, the sales manager and salesmen get a bit leery of committing perjury and conspiracy and the dealership coughs up the $7,500(?) they owe you.

    Also wouldn't hurt to write to your local and Federal representatives to get the law changed. The entire point is encourage CONSUMERS to get and drive high mileage cars. Many people lease so under current law, there is no incentive to lease a high mileage car.
     
  11. Marcus T

    Marcus T Junior Member

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    And my "dealer" said the same thing. Luckily I was sure they were wrong and refused to sign original deal. Then again, this all took place three days ago so I had lots of info to go on. I had started trying to make a deal end of August when TFS was offering $3,500 back. I was only willing to pay $2,499 like ad said. They laughed me out of the dealership back in August. When 11/6/12 came around and TFS sweetened the cash to $4,000 I convinced my wife that if dealer would take extra $500 off I would go up $500 and meet in middle at $3,000 down. Spent many hours Saturday haggling with salesman/finance guy. They insisted my numbers didn't add up and I could get additional $2,500 from IRS next tax return. Only after they read IRS document did they finally agree it wasn't so. Don't know if they were truly ignorant or just wanted to squeeze out as much as they could. I can't be the first PIP lease they've ever done, that's for sure.
     
  12. CharlesH

    CharlesH CA HOV Decal #5 on former PiP

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    I would think that if the dealer specifically told you that you were eligible for the credit as a lessee, and you used that information in your decision to sign the lease, then one would have have recourse under consumer protection laws under fraud provisions. Generally, businesses will hedge their position in such matters by advising you that they cannot provide tax/legal advise and you should consult the appropriate professional for definitive information. And, as pointed out, your beef is with the dealership making false statements, not Toyota or Toyota Finance, since the dealership is an independent company.

    But I am not a lawyer, so I cannot provide legal advice. :D
     
  13. forte88

    forte88 Member

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    Already did. I just got a new congressman too. A freshman. Maybe he'll be gunho on this. I wrote him this morning. I really think that these incentives should go to individuals. It looks to me that Toyota is using this as profit since the rebate was less than half of what I would have gotten. The intent of the law was that it was to go to individuals as I pointed out before. Really,... this could be considered Reinvestment Act Funds going to profits for a foreign corporation. Certainly I don't think that was the intention of the Reinvestment Act. At least Nissan and GM offer a rebate of as much or more than the tax credit. That's not as egregious. But the lies are still not good.
     
  14. JMT

    JMT Junior Member

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    You are totally mixing up the dealership, the leasing bank and the manufacturers. When leasing, the leasing bank owns the car, not the leasee, so they get the federal tax credit. They can pass along none, some or all of that credit to the leasee if they wish. The leasing banks will usually tell the dealerships what offers they will give, but from there, the dealership doesnt always present the best offer to the leasee. The dealership will try to rip off the customer as much as possible because they can pocket the difference. When the manufacturers offer rebates on the vehicles, its not in lieu of the federal credit. It has nothing to do with that. It's just that the cars aren't moving, so they increase their rebates to make the deals more attractive to potential buyers/lessees.
     
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  15. ProximalSuns

    ProximalSuns Senior Member

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    Agree completely. First and foremost, it sounds like clearly deceptive practice by the dealership. They have no excuse for giving out wrong information or Federal, State or local tax credits on their vehicles and it is reasonable to expect them to be knowledgeable and correct on the topic. I think the small claims will get you your money from them and some media generated bad PR for Toyota and the dealership.

    Be good to see Congress act also. Good thing to have written to your Congressman.
     
  16. forte88

    forte88 Member

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    Although what they did may be legal.. I don't think it is following the intent of the law. see Energy Incentives for Individuals in the American Recovery and Reinvestment Act
    Toyota Financial is not an individual. As I read the above, it would appear that the intent of the law is that these funds go to "individuals". It's in the title.
     
  17. cwerdna

    cwerdna Senior Member

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    I haven't had a chance to look over all the stuff that's there yet, but when you lease, you are not the purchaser. There are many references to purchase/purchased in there. The leasing company owns the car when you lease.
     
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  18. terpsmandan

    terpsmandan Member

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    I used to work at a Nissan dealership and they advertised the Tax Credit on hybrid Altima's on lease and when someone researched that it was only to the owner, he made the dealership take it back. If something is grossly misrepresented, you should have a case.
     
  19. forte88

    forte88 Member

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    Here is the part I think is the most significant on the law: Notice 2009-58 Section 5 Meaning of Terms.
    ".02 Purchaser’s Reliance. Except as provided in section 5.05 of this notice, a
    purchaser of a vehicle may rely on the manufacturer’s (or, in the case of a foreign
    vehicle manufacturer, its domestic distributor’s) certification concerning the vehicle
    (including cases in which the certification is received after the purchase of the vehicle).
    The purchaser may claim a credit with respect to a vehicle if the following requirements
    are satisfied:
    (1) The vehicle is acquired after February 17, 2009, and on or before December
    31, 2011;
    (2) The original use of the vehicle commences with the taxpayer;
    (3) The vehicle is acquired for use or lease by the taxpayer, and not for resale;
    (4) The vehicle is used predominantly in the United States."

    I'm no lawyer,but original use of the vehicle part; Is the leasing company really using the vehicle? Using it to lease it is not what I think was the intent of the law.. at least it shouldn't have been. And if they are leasing it out with option to buy.. isn't that resale really? #3 specifically states that the vehicle can be acquired for use or lease by the taxpayer and not for resale.
     
  20. devprius

    devprius /dev/geek

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    Unfortunately, this law doesn't help you. See section 1. You purchased your car after December 31, 2011.
     
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