Perhaps one of the least-covered elements of the auto industry restructuring has been the numerous tax advantages GM has earned as a government-owned automaker. Unlike most bankruptcies, GM was allowed to hold onto some $16b of net operating loss credits (tax-loss carry-forwards), which can be used to offset future tax bills. Typically, companies that restructure in bankruptcy lose existing carry-forwards as the price of wiping out debt, but because the government is invested in GM, it decided to allow old tax losses to flow into the new company even as debt was left behind. In the latest update on this story, The Wall Street Journal notes that some $18.9b of GM’s carry-forwards were from the old company, and that the firm has a whopping $45.4b in future tax savings. And because carry-forwards can be banked up to 20 years before they are spent, GM will have to make massive profits before it starts actually paying taxes to the federal government. The government’s position:

the profit-shielding tax credit makes the bailed-out companies more attractive to investors, and that the value of the benefit is greater than the lost tax payments, especially since the tax payments would not exist if the companies fail

Which is all well and good, but the reality is also that this practically doubles the taxpayers’ cost of bailing out GM. As a policy this makes sense for the reasons given (assuming the bailout was a foregone conclusion), but it would be nice if this “hidden charge” were at least noted on the bill.

The public rejected the use of photo enforcement in five more municipal referendum elections Tuesday. America’s fourth-largest city, Houston, Texas, was home to the most hotly contested vote. The group Citizens Against Red Light Cameras, run by brothers Paul and Randy Kubosh, gathered enough signatures to force the issue onto the ballot against the wishes of the city council and in spite of a legal attack from camera operator American Traffic Solutions (ATS).

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Today is election day, the time when good Americans process all the negative advertising they’ve seen over the previous months and decide on the lesser of several evils. But the best thing about election day isn’t the sense of civic pride or even the knowledge that you’ll be able to avoid political ads for at least a few months afterwords. The greatest thing about elections is that, for one moment, the nation gets a snapshot of itself, a picture of what really matters to us as citizens. So this seems as good a time as any to ask you, TTAC’s Best And Brightest, how you feel about the potency of the Auto Bailout as an issue. After all, the bailout is currently caught in limbo; impossible to undo, at yet still far from resolution, good or bad. If anything, the latest indicators show that the GM bailout was fairly compromised, in the sense that the new company will be worth about what the taxpayers put into it (in the $50b range).

But does it matter at all how much taxpayers get out of GM’s (and eventually Chrysler’s) IPO? And if so, is it important that GM repay the taxpayers completely, or do the bailed-out firms need only to be sustainable for a certain period to make the bailout a success? As I see it, the question isn’t so much one of politics. After all, the rescue is hardly the definitive political issue for any citizen not directly affected by it (a relatively small group compared to the American electorate). The real issue seems to be whether political opposition to the bailout will affect sales at GM and Chrysler, and whether achieving certain financial or taxpayer payback goals will eliminate any such political impacts on sales. Do the bailouts affect your relationship with GM and Chrysler, and if so, what do you need to see in order to leave the bailout in the past?

A lawsuit against Mazda is moving to the United States Supreme Court, reports Bloomberg, challenging whether automakers should have been required to install shoulder belts in all of its seats prior to current regulations requiring the improved belting systems took effect in 2007. The case centers on a 2002 accident in which Than Williams was killed when a Jeep Wrangler hit her family’s 1993 Mazda MPV. The Williams MPV had only lap belts because shoulder belts weren’t required by federal law until 2007. A California court has already barred the lawsuit from coming forward, arguing that federal regulations supersede any local rulings, and that then-legal seatbelts should protect manufacturers from personal injury liability. However a recent case casts some doubt on the precedents in the Mazda case…

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As Automotive News [sub] reports, GM has gone ahead and finalized the 500 dealer cuts that made up its bankruptcy-bailout-era dealer cull, despite resistance from some 22 members of the US House of Representatives. And despite the congressional pressure, a damning SIGTARP report, and an ongoing criminal investigation, GM hasn’t changed its tune about cutting dealers, telling AN [sub] that delaying dealer cuts

would only divert our collective attention at a critical time and would ignore the independent decisions of arbitrators and individual settlement agreements between GM and its dealers

Meanwhile, just what affect has the dealer cull had on surviving dealerships? Are they thriving? Well, not exactly…
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The city of Houston, Texas sought to keep secret all detailed information about the performance of its red light camera program on the eve of an election that will decide their fate. Yesterday, Paul Kubosh, co-founder of Citizens Against Red Light Cameras, filed suit in Harris County District Court seeking a court order compelling the release of accident data at intersections equipped with automated ticketing machines. Voters head to the polls today to decide whether or not the city will be allowed to continue using the devices.

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Nobody knows for sure how many automakers China has. The guesses were somewhere between 60 and 120. Now we have it official: It’s “more than 130 big and small companies in 27 provinces,” writes China Daily. But it looks like a lot of them need to seek other employment. After having made consolidation noises for more than a year, the Chinese government is about to bring their car companies down to a manageable number. Read More >

Reuters has followed up its look inside the Government’s involvement in GM with a breaking report on the specifics of The General’s IPO. According to Reuters sources, the IPO will include 365 million common shares for $26 to $29 each, for a total of between $9.5b and $10b. The Treasury is expected to sell between $1.5b and $2b of its 61 percent stake in GM, likely to “four or five sovereign wealth funds,” bringing its stake down to 43.3 percent. The Canadian and Ontario governments are expected to sell down their stake from 11.7 percent to 9.6 percent, while the UAW VEBA trust-owned stake is likely to to drop from 17.5 percent to 15 percent. A Reuters source concludes that

The IPO would likely value the entire company at close to $60 billion, below the $67 billion needed if U.S. taxpayers are to break even on the common stock held by the Treasury

The WSJ adds

At the midpoint of the proposed price range, GM’s stock outstanding, including warrants, would be worth about $50 billion, roughly the same level as Ford Motor Co. The IPO’s underwriters are hoping to sell at the top end of the range, and for the stock to rise 20% or more when trading begins. At that level, GM could be worth $60 billion or more.

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Ever since it became clear that the government would rescue General Motors and Chrysler, the Treasury Department has made it clear that it would stay out of “day to day” decision making at the rescued automakers. Allowing the rescued firms to operate independently was a political calculation based on the desire to keep politics from affecting sales at the two rescued automakers, but according to a Reuters special report, Treasury has not been able to keep its hands completely out of important decisions concerning the future of the two firms. Particularly in terms of setting up GM’s Initial Public Offering, Reuters found that the Treasury made important decisions affecting

its speed and size, the fees paid to the bankers and the potential involvement of offshore investors

Though this has kept the IPO out of election season and all of its potential for political problems, there is some downside to the Treasury’s involvement, particularly because it will not be exiting its equity position in GM until about 18 months after the IPO. As a result, analysts predict problems securing investors in a firm that may still be subject to ongoing government control. Morningstar’s David Whiston tells Reuters

I’m sure that there will be some institutional investors, and even some individual investors, that it scares away

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A federal magistrate on October 20 set the schedule for a five-day jury trial to decide whether red light camera vendor Redflex Traffic Systems owes the city of Minneapolis, Minnesota $3 million. US Magistrate Judge Susan Richard Nelson set a February 1, 2012 date for the showdown with motions and pleadings to be served by February 1, 2011.

The city is furious that it had to refund $2.6 million in red light camera tickets after the Minnesota Supreme Court ruled the program was illegal (view decision). The city wants to extract that money back from the Australian ticketing firm, but Redflex is fighting the suit.

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With about $7.84b of cash on-hand and $7.4b in debt to the US and Canadian governments, Chrysler wants to take a page out of GM’s IPO playbook and secure a Wall Street refinance of its government debt, which bears interest of between 14 and 20 percent. CEO Sergio Marchionne had already complained that servicing its government debt prevented Chrysler from achieving profitability in the second quarter. According to Automotive News [sub] Chryler is shopping banks as it seeks loans at newly-low interest rates in order to shore up its balance book ahead of an IPO sometime next year. Chrysler needs $3b of cash on-hand for its operating and debt servicing costs, so a failure to secure new funding could cause its cash levels to dip to dangerous levels. GM has said that its recently-acquired $5b revolving credit line would not be tapped right away, but would provide a liquidity cushion of the kind that Chrysler arguably needs even more than The General. On the other hand, it’s easier to borrow money when you have money, and GM is sitting on considerably more cash than Chrysler. Meanwhile, Fiat has yet to inject a single Euro of cash into Chrysler. Maybe this is Marchionne’s chance to put some real skin in his Chrysler play.

Albemarle County, Virginia plans this week to install its first red light camera system, ostensibly to reduce accidents caused by red light running. County documents show that at one of the two intersection approaches selected, there has not been a single accident caused by red light running in the past three years.

The county applied to the Virginia Department of Transportation (VDOT) earlier this year for permission to allow Redflex Traffic Systems of Australia to install and operate a pair of cameras at the intersection of US 29 and Rio Road. The east bound approach at Rio Road had no reported angle collisions caused by red light running violations between 2006 and 2009, according to county records. The other monitored approach, US 29 southbound, did have related crashes. The annual crash total for the type of accidents that the photo enforcement system might address is 1.8 per year. Read More >

News that the government will sell only $6b-$8b worth of its GM equity has been joined by an even more surprising GM IPO announcement: GM will buy the Treasury’s entire $2.1b holding of preferred stock in the initial offering. GM has not announced how much it will pay for the stake, and the Detroit News reports that it’s not yet clear if GM will also buy some $400m in preferred stock held by the Canadian and Ontario governments. We’re also getting word via Twitter that GM will put $4b in cash and $2b worth of its stock into its overdrawn UAW pension fund, as well as making a $2.8b payment to the UAW VEBA account. With a $5b line of credit secured, GM says these and other steps will reduce its debt by $11b over an unspecified timeline. And speaking to Reuters, GM CEO Dan Akerson made it clear what the point of these moves are:

It’s up to people like you and me, the burden we share, that we deliver on the promise and return the investment to the American taxpayers. We are going to do our level best to make that happen, and we will only do that by expanding our industrial base and entering new markets and being a better competitor.

Of course, we’ll have to see what value The General places on the preferred stock to know how seriously Akerson should be taken. After all, talk is cheap and money isn’t. [UPDATE: It appears that GM will buy the preferred stock for $25.50 each, essentially giving the Government its book value of $2.14b]

The highest courts in California and Louisiana yesterday denied the requests of municipal officials desperate to save their photo enforcement programs. In New Orleans, the red light camera and speed camera program must shut down after the Louisiana Supreme Court unanimously rejected the city’s request to overturn the decision of Orleans Parish Civil District Court Judge Paulette R. Irons who found earlier this month that the program violated the city’s own charter.

“We are obviously disappointed in supreme court’s decision because these cameras have proven to be an important deterrent to unlawful traffic practices,” a city statement explained.

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The Freep reports

A laid-off worker at General Motor’s Orion Assembly plant has filed a complaint with the National Labor Relations Board in Detroit against the UAW for negotiating a deal to employ 40% of the workers at a lower wage rate.

Nick Waun, 31, of Lapeer said the UAW negotiated the agreement without giving workers a chance to consider it.

“The main thrust of this is to try to get a vote on the agreement, because they denied us a vote,” Waun said.

You don’t say? Didn’t see that one coming. No sir. But will the NLRB be sympathetic to the UAW’s well-reasoned position that some union brothers are more equal than others? Or is the union’s nominal ownership (by way of its VEBA benefits trust) of some 60 percent of GM’s equity possibly, just possibly, incompatible with the duties of a union? It’s a head-scratcher all right.