KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on financing v leasing  / Biller Genie comes out with new features
January 13, 2020
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Comment on financing v leasing from article on January 7, 2020
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Ken,
            I just read your January 7, 202 post about “in house financing.”  If Anthony wants to offer “in house financing” instead of offering a “free system” he should also consider the possible sales and use tax aspects of an installment sale of equipment.  Free systems aren’t, of course, free.  Ken’s contracts address the issue by creating an operating lease for the equipment.  Unless Anthony is “financing” large, complicated, systems he is better to treat them as leases, just as they are handled in Ken’s Agreements.  Nearly all purchasers of basic residential systems are not concerned about owning the equipment.  They just want the hardware to facilitate the service, alarm monitoring.  Alarm monitoring is your product in these cases.  
            I read posts on the industry web sites and social media pages of “take over” installers looking for lock out codes so that they can reprogram customer panels.  In my opinion it is best for the alarm company to retain ownership of the panel and, if the new resident doesn’t want to sign up for service, simply remove or deactivate it. 
            The bigger issue with “in house financing” or installment sale of small residential systems is the issue of sales and use tax.  Some states tax the sale of equipment, but not monitoring.  There is case law in a state in which a company sold a “free system” for zero down and $65 per month.  Monitoring was not taxable in that state so the company didn’t charge or pay tax on the monitoring.  The State claimed that a portion of the sale was the sale of tangible property and allocated $50 per month to the equipment sale portion.  The company was faced with a tax bill of nearly half a million dollars.  Imagine the State’s position if you have Installment Sale Agreements allocating a large portion of the monthly payment to an equipment sale.  
            I won’t even get into consumer credit issues when you sell something to a residential customer on “terms.” That’s Ken’s department.
            Think through what you are doing and discuss it with your accountant and your lawyer before jumping in.
 Mitch Reitman
817-698-9999
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Response
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            Before offering to finance a system or do a lease to own transaction, you better review your contract carefully.  It probably doesn’t comply with Federal and state consumer laws.  Best to stick with the “free” system sale or the lease.  Get the lease forms at www.alarmcontracts.com.  For a “free” system Residential form call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 or email her at EWagda@KirschenbaumEsq.com and she will advise you and give you the price [same as the Residential All in One].
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Biller Genie comes out with new features
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Paper Mail
Our Invoice Messenger now supports Paper Invoices!  Biller Genie’s paper invoices and reminders are fully branded and customized per customer, just like emails!  With our new Paper Mail feature, we will print, stuff, post and mail your paper invoices - so you don't have to!
Invoice Templates
Biller Genie now has four different design templates to choose from so you can personalize your invoices to match your company's look at feel.  
 Payment Plans
Now you can offer installment payment options for customers that need a more flexible solution for paying invoices. Enable Payment Plans on an individual or group basis, and give selected clients the ability to request flexible payment terms.  Simply approve the Payment Plan request and Biller Genie will automatically collect on the approved schedule and reconcile transactions in real-time.
 Apple Pay
Eliminate payment friction with flexible payment options - Biller Genie now supports Apple Pay.
            Give Biller Genie a call; be sure to let them know you are an alarm company and entitled to a lifetime guarantee of the lowest prices.  Contact Thomas Aronica at 800-617-9980, https://hubs.ly/H0f8Mxd0
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To order up to date Standard Form Alarm /  Security / Fire and related forms, click here:  www.alarmcontracts.com
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com