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mcarristo

Internet Sales Tax Fairness

March 5, 2014 by mcarristo

As a result of a Supreme Court ruling in the early 1990s, Internet retailers have largely been exempted from collecting state and local sales taxes on their sales transactions because these tax laws were seen as overly complex and placing too heavy a burden on interstate commerce, unless the retailer had a physical presence in the state.

THE ISSUE

As a result of a Supreme Court ruling in the early 1990s, Internet retailers have largely been exempted from collecting state and local sales taxes on their sales transactions because these tax laws were seen as overly complex and placing too heavy a burden on interstate commerce, unless the retailer had a physical presence in the state.
Since that time, the number of people and businesses using the Internet for e-commerce transactions has grown exponentially, and a large component of these transactions remain tax-free. At issue is the fact that brick-and-mortar retailers must collect and remit state “sales-and-use” taxes, yet many remote sellers – such as catalog and online – only vendors – are exempt from such requirements. As a result, Internet retailers have an unfair advantage over their community-based counterparts, and states are losing out on billions of dollars in much-needed (but uncollected) revenue.

IMPACT ON AMERICANS

Because of the current treatment of Internet retailers, the amount of sales tax that a state or locality is able to collect will be less than otherwise provided. However, passage of federal legislation allowing states to require Internet retailers to collect sales tax for online purchases – and to level the playing field between brick-and-mortar and Internet-based retailers – is gaining ground on Capitol Hill. This includes the “Marketplace Fairness Act” (H.R. 684), introduced by Representatives Womack (R-AR) and Speier (D-CA); and a Senate measure (S. 743) authored by Senators Enzi (R-WY) and Durbin (D-IL).

NAR POLICY

Passage of H.R. 648 and S. 743 are necessary due to the deteriorating fiscal condition of many state and local governments. These budget shortfalls could lead them to opt for higher real estate and other property taxes/fees on consumers and business to make up for this lost revenue.

LEGISLATIVE OUTLOOK

Going back to 1994, the issue of marketplace fairness has had more than 30 hearings in both the U.S. House of Representatives and Senate, including hearings be-fore the U.S. House Judiciary Committee in both 2011 and 2012.
In May 2013 the Senate passed S. 743. This legislation  would create authority for state governments to collect sales taxes on Internet sales for goods that are delivered to their states, which would level the playing field be-tween brick-and-mortar and e-commerce retail businesses while assisting the states in collecting billions of uncollected state sales taxes.
With the passage of S. 743, the fate of Internet sales tax fairness rests with the House. The House bill, which closely resembles the Senate version, has been stalled in the House Judiciary Committee, where Chairman Robert Goodlatte (R-VA) has voiced concerns over the complexity of the bill. While the Chairman recognizes the need to resolve disputes over collection of sales tax on Web-based purchases, he opposes the bill as currently written because it would force businesses “to wage through potentially hundreds of tax rates and a host of different tax codes and definitions.” The bill, he says, “still has a long way to go.” Also, convincing conservative Republicans that the proposal would not amount to a tax increase on online consumers remains another major hurdle for the Marketplace Fairness Act.
Chairman Goodlatte held off on scheduling a markup last year, but he said he would hold a hearing on the issue in early 2014. The Chairman has released a list of principles for developing his own legislation.

CURRENT NAR ACTION

In a January 2014 joint letter sent to Chairman Good-latte, NAR along with hundreds of organizations that collectively represent more than 3 million American businesses – large and small – called for immediate action on the long overdue issue of marketplace fairness.
Citing more than 20 years of inaction and the Supreme Court’s recent decision affirming that this is a matter for Congress to address, the letter urges Congress “to make the 2013 holiday shopping season the last where Main Street businesses must compete at a government created price disadvantage.”
(National Association of REALTORS)
Click here to view source article.

Filed Under: All News

Ten Retail Trends to Watch

March 5, 2014 by mcarristo

National Association of REALTORS takes a look at ten retail trends to watch in the upcoming year.

1. The Internet’s True Impact on Retail Sales

Without question, ecommerce retail sales are growing. However, they still remain a small portion of total retail sales. In 3Q13, ecommerce sales totaled $67 billion,  which represents less than 6 percent of all retail sales, according to the U.S. Census retail trade report.
2. Online Media Sales
Books, music, video, and other items that can be digitized and downloaded comprise about 35 percent of Amazon’s sales. Applying this metric to the entirety of ecommerce means that Internet sale of items that cannot be digitized and downloaded is about 3.7 percent. If 3D printing of merchandise becomes possible, the world as we know it will change.
3. Retail’s Efficient Logistics Model
Efficiency in logistics has revolutionized retail. For example,  Walmart’s execution of efficiency and their cross-docking model has helped them to emerge as the largest retailer in the world. The “last mile in the chain of distribution” is actually outsourced to the customer.  A customer comes into the store, selects merchandise, carries the merchandise to the car, and then transports the merchandise the “last mile” from the store to home.
The cost of the final mile is not included in the retail price of the merchandise. On the contrary, delivering merchandise to the customer’s home is a costly and inefficient endeavor. One major Internet retailer spends more than double to deliver than the amount it collects for shipping. Hence, the practical application of the “last mile” principle means that ecommerce is likely to have 100 percent market share of items that can be digitized and may never even reach 10 percent market share of items that cannot be digitized.
4. The Internet’s Other Impact
Online sales are not only impacting the retail sector, but the Internet is creating more informed consumers. Well-educated shoppers are causing pressure on retail margins, which translates into pressure by tenants to lower rent.
5. More Sales, Less Space
The wide range of available technology offers retailers more efficient inventory control and space needs. Tey are applying the 80/20 rule – 20 percent of their SKUs generate most of their sales and gross margin. The result: Retailers can generate more sales per square foot in less space causing store formats to shrink.
6. Bigger Players Dominate
The supermarket sector is being consumed by dominant players with larger stores.
7. National Anchors
In large shopping centers, national credit-tenant anchors are winning out over same-category regional and local tenants.
8. Big-Box Woes
Large vacant boxes are becoming increasingly more difficult to re-tenant.
9. Exclusive Use
Second-generation retail space is being increasingly impacted by exclusive-use lease provisions.
10. Service Tenants Triumph
Landlords are making greater use of service tenants to maintain occupancy. A recent study revealed that service tenants comprised less than 15 percent of total occupancy 10 years ago versus more than 25 percent today.
By: Gary Ralston, CCIM, CPM, SIOR (National Association of REALTORS)
Click here to view source article.

Filed Under: All News

Beyond the E-tail Era: What Factors are Shaping Retail’s Next Phase?

March 5, 2014 by mcarristo

The sharp rise in e-tailing and its game-changing impact has created a new normal in the retail real estate sector. Major national retailers are evolving their strategies in an effort to “survive and thrive” in this new market dynamic. Looking beyond  the e-tail era, what factors are shaping retail’s next phase?
“The good news is that even though Apple, Netflix,  Amazon, eBay, and other online giants killed record stores and video rental shops and are in the process of doing the same to electronics and bookstore big boxes, e-commerce will never replace the brick-and-mortar shopping experience,” says Sean Glickman, CCIM, managing director of Glickman Retail Group in Maitland, Fla.
Research shows and many retail industry experts agree that consumers are settling into a preference for a “blended” shopping experience. In a recent Forrester Research survey, shoppers said visiting a store served as the most important source of product research before purchasing in every major consumer category except travel.
“This research speaks to the need for retailers to focus their technology efforts inside the store,” said Dan Seliger, digital strategist for 3GTV Networks, in a recent Brick Meets Click blog post. “We have to stop thinking of the Internet as something tethered to a home computer or a shopper’s smartphone. The goal should be a borderless communication continuum where every channel is connected. … Smart retailers can use this approach to help overcome the inherent limitations of brick and mortar while offering shoppers a blended in-store experience built around their needs.”
The impact of retailers’ exploration of the online environment is creating new and oftentimes challenging realities for their real estate footprints. From big boxes to inline neighborhood centers, retail real estate – and those who advise retailers and tenants on their space decisions – must evolve to ensure spaces meet both retailers’ and consumers’ rapidly changing needs.
A variety of retail experts weighed in on key questions facing the industry in the current market. These CCIM designees include Glickman; Shawn Massey, CCIM, partner, The Shopping Center Group in Memphis, Tenn.; Francis Rentz, CCIM, managing director/senior adviser, Southland Commercial Advisors in Tallahassee, Fla.; and Jeff Yetter, CCIM, LEED AP, director of real estate, Express Oil Change & Service Center in Greensboro, N.C., and a member of the North Carolina CCIM Chapter board of directors.

Aside from e-tailing’s ripple effects, what are some of the biggest challenges facing the retail real estate sector right now?

Glickman: The unpredictable economy, consumer confidence, and increased taxes that are cutting into consumers’ disposable income are some of the biggest issues.
Yetter: The continually changing, idealistic development regulations imposed by the local municipalities are our biggest issues. Express Oil’s business is typically driven by an initial impulse buy, and the local municipalities’ trend of limiting access and visibility directly affects our ability to conduct business.
Rentz: Investors with B and C class shopping centers or a weak anchor on the decline must find reuse ten-ants to fill vacant spaces. This typically means non-retail, nontraditional retail, or service tenants, which often translates into lower rent or greater capital in-vestment to reshape the property.
Massey: The lack of good quality retail space availability is the biggest challenge. With the lack of new development since 2008, we find our clients in search of space that is simply not built today.

What factors are influencing retailers’ site selection and acquisitions decisions in this environment?

Yetter: We have seen a major increase in competition from a pad-site buyer standpoint. This has produced a scarcity of viable sites and driven up pricing in our larger markets. This is due in large part to the resurgence of quick-service restaurants, bank branches, and similar out-parcel retailers. This is also a result of the lack of new developments being delivered as compared to the pre-economic downturn conditions.
Massey: Most retailers are very risk adverse right now — entering areas where they can avoid unfavorable zoning or adverse site conditions is critical. Retailers are becoming ever-more data driven as well. They are performing extensive research to get a clear picture of the factors shaping an area’s retail environment, including demographic, socioeconomic, and psycho-graphic profiles, the workplace population, and consumer spending patterns.
Rentz: My clients are looking for quality real estate  with no weaknesses. It is more important than ever that the site has all the fundamentals that make for a successful retail site: visibility, accessibility, parking, and favorable demographics. A solid anchor tenant may get a project built, but a great location and greater design will be even more important going forward to sustain a project. As Yaromir Steiner said in a recent Shopping Centers Today article, “The place is the an-chor.”

What’s next on the horizon for the retail real estate sector?

Rentz: Retailers will continue to reduce their square footage into smaller, more efficient footprints. Traditional retailers will continue to perfect and grow their online presence, while the e-tailers will attempt to fine tune their brick-and-mortar locations to perfect a one-day delivery strategy. The survivors and thrivers  will have a great geographic footprint of stores as well as offer a great online experience.
Yetter: Customer first service is the key. The auto services industry has traditionally focused on upselling customers, thus creating a lack of trust among consumers. We are focused on combating that perception by delivering the highest level of service and focusing on the individual customer’s car needs. As in most industries, the level of service and the customer experience continue to become more important as customers evaluate their growing purchase options.
Massey: It is all about the customer experience. Many retailers and restaurants fail to recognize that the customer’s needs and wants come first. The retail customer today wants it all from omni-channel retailing to being wowed with their in-store experience. This might be classified as the “Apple effect” that many retailers are trying to replicate. Those who do not adopt these two pillars in the future will disappear from the retail landscape.
Glickman: Most retailers are shifting focus and heavily investing in their omni-channel platforms, information technology, logistics, and same- or next-day de-livery. By doing so, retailers like Target, Macy’s, Nordstrom, Walgreens, The Gap, Office Max/Office Depot,  Walmart, and many others are positioning themselves to compete in the digital world.
By: Jennifer Norbut, CCIM Institute (National Association of REALTORS)
Click here to view source article.

Filed Under: All News

March 2014 CCIM Properties

March 5, 2014 by mcarristo

Thanks to all of the brokers, sponsors and guests who attended the March CCIM Deal Making Session.  Nearly 10 million dollars of commercial real estate properties available for sale were presented from all over New Mexico.

Name  Property Price 
1. Tim MacEachen and
Bill Robertson
SEC I-25 and Candelaria $2,750,000
2. Todd Clarke
Mabry Portfolio SW 1
Mabry Portfolio SW 2
Mabry Portfolio East
Mabry Portfolio North
$523,000
3.
Anne Apicella
5115 Copper; 205 Truman St. NE $481,860
4.

 

Brent Tiano 7901 Mountain Rd. NE $460,000
5.
Larry McClintock
3900 Juan Tabo Blvd. NE $600,000
6.
Marguerite Haverly
507 Roma Ave. NW $575,000
7. Todd Clarke 5800 Central Ave. NW $1,100,000
8. Jeff Rose 7500 2nd St. NW $1,200,000
9.
Cole Flanagan and
Rich Diller
1448 Bridge Blvd. SW $570,000
10.
Coralee Quintana
8814 Central Ave. SE $595,000
11.
John Wible and
Keith Meyer
Trimble Lots $695,000
12.
John Ransom and
Tom With
1016 Rosarito Dr. (Rio Rancho) $863,500

Filed Under: All News

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