Description of Business, Basis of Presentation, and Significant Accounting Policies and Practices | Description of Business, Basis of Presentation, and Significant Accounting Policies and Practices Santander Consumer USA Holdings Inc., a Delaware Corporation (together with its subsidiaries, SC or the Company), is the holding company for Santander Consumer USA Inc., an Illinois corporation, and subsidiaries, a specialized consumer finance company focused on vehicle finance and third-party servicing. The Company’s primary business is the indirect origination of retail installment contracts principally through manufacturer-franchised dealers in connection with their sale of new and used vehicles to retail consumers. In conjunction with a ten -year private label financing agreement (the Chrysler Agreement) with Fiat Chrysler Automobiles US LLC (FCA) that became effective May 1, 2013, the Company offers a full spectrum of auto financing products and services to FCA customers and dealers under the Chrysler Capital brand. These products and services include consumer retail installment contracts and leases, as well as dealer loans for inventory, construction, real estate, working capital and revolving lines of credit. The Company also originates vehicle loans through a Web-based direct lending program, purchases vehicle retail installment contracts from other lenders, and services automobile and recreational and marine vehicle portfolios for other lenders. Additionally, the Company has several relationships through which it provides personal loans, private-label credit cards and other consumer finance products. As of December 31, 2015 , the Company was owned approximately 58.9% by Santander Holdings USA, Inc. (SHUSA), a subsidiary of Banco Santander, S.A. (Santander), approximately 31.2% by public shareholders, approximately 9.8% by DDFS LLC, an entity affiliated with Thomas G. Dundon, the Company’s former Chairman and CEO, and approximately 0.1% by other holders, primarily members of senior management. Pursuant to a Separation Agreement with Mr. Dundon, SHUSA was deemed to have delivered, as of July 3, 2015, an irrevocable notice to exercise the call option with respect to all the shares of Company common stock owned by DDFS LLC and consummate the transactions contemplated by the call option notice, subject to required bank regulatory approvals and any other approvals required by law being obtained (the Call Transaction). Because the Call Transaction was not consummated prior to October 15, 2015 (the Call End Date), DDFS LLC is free to transfer any or all of its shares of Company common stock, subject to the terms and conditions of the Amended and Restated Loan Agreement, dated as of July 16, 2014, between DDFS LLC and Santander. Also, because the Call Transaction was not completed prior to the Call End Date, interest began accruing on the price paid per share in the Call Transaction at the overnight LIBOR rate on the third business day preceding the consummation of the Call Transaction plus 100 basis points with respect to any shares of Company common stock ultimately sold in the Call Transaction (Note 12). Basis of Presentation The accompanying consolidated financial statements include the accounts of the Company and its subsidiaries, including certain Trusts, which are considered variable interest entities (VIEs). The Company also consolidates other VIEs for which it was deemed to be the primary beneficiary. All intercompany balances and transactions have been eliminated in consolidation. Corrections of errors The Company has determined that its historical methodology for estimating its credit loss allowance for individually acquired retail installment contracts was in error as it did not estimate impairment on troubled debt restructurings (TDRs) separately from a general credit loss allowance on loans not classified as TDRs, and incorrectly applied a loss emergence period to the entire portfolio rather than only to loans not classified as TDRs. The Company has corrected its allowance methodology accordingly, and has determined, based on this corrected methodology, that the credit loss allowance reported on the consolidated balance sheets as of December 31, 2014, 2013, and 2012 was overstated by $56,508 , $122,374 , and $101,901 , respectively. In addition, the Company has determined that it had incorrectly identified the population of loans that should be classified as TDRs and, separately, had incorrectly estimated the impairment on these loans, as of each of these balance sheet dates. The Company also has determined that subvention payments related to leased vehicles were incorrectly classified, within the income statement, as an addition to Leased vehicle income rather than a reduction of Leased vehicle expense. The following table summarizes the impacts of the corrections on the consolidated balance sheet as of December 31, 2014: As Reported Corrections As Restated Finance receivables held for investment, net $ 23,915,551 $ 56,508 $ 23,972,059 Deferred tax asset 21,244 (2,164 ) 19,080 Total assets 32,342,176 54,344 32,396,520 Deferred tax liabilities, net 492,303 19,021 511,324 Total liabilities 28,783,827 19,021 28,802,848 Retained earnings 1,990,787 35,323 2,026,110 Total stockholders’ equity 3,558,349 35,323 3,593,672 Total liabilities and equity 32,342,176 54,344 32,396,520 The following table summarizes the impacts of the corrections on the consolidated statement of income for the year ended December 31, 2014: As Reported Corrections As Restated Leased vehicle income $ 929,745 $ (269,252 ) $ 660,493 Total finance and other interest income 5,569,660 (269,252 ) 5,300,408 Leased vehicle expense 740,236 (269,252 ) 470,984 Provision for credit losses 2,616,943 65,866 2,682,809 Net finance and other interest income after provision for credit losses 1,689,278 (65,866 ) 1,623,412 Net finance and other interest income after provision for credit losses and profit sharing 1,614,353 (65,866 ) 1,548,487 Income before income taxes 1,209,988 (65,866 ) 1,144,122 Income tax expense 443,639 (23,754 ) 419,885 Net income 766,349 (42,112 ) 724,237 Comprehensive income $ 772,755 $ (42,112 ) $ 730,643 Net income per common share (basic) $ 2.20 $ (0.12 ) $ 2.08 Net income per common share (diluted) $ 2.15 $ (0.11 ) $ 2.04 The following table summarizes the impacts of the corrections on the consolidated statement of income for the year ended December 31, 2013: As Reported Corrections As Restated Leased vehicle income $ 154,939 $ (41,048 ) $ 113,891 Total finance and other interest income 3,934,021 (41,048 ) 3,892,973 Leased vehicle expense 121,541 (41,048 ) 80,493 Provision for credit losses 1,852,967 (20,473 ) 1,832,494 Net finance and other interest income after provision for credit losses 1,550,726 20,473 1,571,199 Net finance and other interest income after provision for credit losses and profit sharing 1,472,480 20,473 1,492,953 Income before income taxes 1,085,088 20,473 1,105,561 Income tax expense 389,418 7,353 396,771 Net income 695,670 13,120 708,790 Net income attributable to Santander Consumer USA Holdings Inc. shareholders $ 697,491 $ 13,120 $ 710,611 Comprehensive income $ 701,981 $ 13,120 $ 715,101 Comprehensive income attributable to Santander Consumer USA Holdings Inc. shareholders $ 702,934 $ 13,120 $ 716,054 Net income per common share (basic) $ 2.01 $ 0.04 $ 2.05 Net income per common share (diluted) $ 2.01 $ 0.04 $ 2.05 The following table summarizes the impact of the corrections on the consolidated statements of equity for the years ended December 31, 2014 and 2013: Retained Earnings Total Stockholders' Equity As Reported Corrections As Restated As Reported Corrections As Restated Balance — January 1, 2013 $ 869,664 $ 64,315 $ 933,979 $ 2,239,466 $ 64,315 $ 2,303,781 Net income for the year ended December 31, 2013 697,491 13,120 710,611 695,670 13,120 708,790 Balance — December 31, 2013 1,276,754 77,435 1,354,189 2,686,832 77,435 2,764,267 Net income for the year ended December 31, 2014 766,349 (42,112 ) 724,237 766,349 (42,112 ) 724,237 Balance — December 31, 2014 1,990,787 35,323 2,026,110 3,558,349 35,323 3,593,672 The following table summarizes the impact of the corrections on the consolidated statement of cash flows for the year ended December 31, 2014: As Reported Corrections As Restated Cash flows from operating activities: Net income $ 766,349 $ (42,112 ) $ 724,237 Adjustments to reconcile net income to net cash provided by operating activities: Provision for credit losses 2,616,943 65,866 2,682,809 Depreciation and amortization 824,997 (269,252 ) 555,745 Accretion of discount, net of amortization of capitalized origination costs (867,180 ) 269,252 (597,928 ) Deferred tax expense 674,094 (23,754 ) 650,340 The following table summarizes the impact of the corrections on the consolidated statement of cash flows for the year ended December 31, 2013: As Reported Corrections As Restated Cash flows from operating activities: Net income $ 695,670 $ 13,120 $ 708,790 Adjustments to reconcile net income to net cash provided by operating activities: Provision for credit losses 1,852,967 (20,473 ) 1,832,494 Depreciation and amortization 188,923 (41,048 ) 147,875 Accretion of discount, net of amortization of capitalized origination costs (471,141 ) 41,048 (430,093 ) Deferred tax expense 291,263 7,353 298,616 Certain footnote disclosures herein have been restated to reflect the effects of the corrections related to allowance methodology, as well as other corrections made in order for the footnote disclosure amounts to be in accordance with GAAP. Footnote disclosures that have been corrected are denoted with “As restated.” Footnote disclosures not affected are unchanged and reflect the disclosures made at the time of the previous filing. The impact of the corrections on the Company's disclosure of retail installment contract TDRs as of December 31, 2014 was as follows: As Reported Corrections As Restated Outstanding recorded investment $ 4,207,037 $ (106,647 ) $ 4,100,390 Impairment (797,240 ) (362,587 ) (1,159,827 ) Outstanding recorded investment, net of impairment $ 3,409,797 $ (469,234 ) $ 2,940,563 The impact of the corrections on the Company's disclosure of delinquent retail installment contract TDRs at December 31, 2014 was as follows: As Reported Corrections As Restated Principal, 31-60 days past due $ 929,095 $ (16,540 ) $ 912,555 Delinquent principal over 60 days 515,235 (46,963 ) 468,272 Total delinquent TDR principal $ 1,444,330 $ (63,503 ) $ 1,380,827 The impact of the corrections on the Company's disclosures of the average recorded investment and income recognized on retail installment contract TDRs was as follows: December 31, 2014 December 31, 2013 As Reported Corrections As Restated As Reported Corrections As Restated Average outstanding recorded investment in TDRs $ 3,289,520 $ (93,418 ) $ 3,196,102 $ 2,466,122 $ (322,896 ) $ 2,143,226 Interest income recognized 481,843 27,161 509,004 322,965 20,921 343,886 The impact of the corrections on the Company's disclosures of the financial effects of retail installment contract TDRs that occurred for the years ended December 31, 2014 and 2013 was as follows: For the Year Ended December 31, 2014 December 31, 2013 As Reported Corrections As Restated As Reported Corrections As Restated Outstanding recorded investment before TDR $ 3,042,731 $ (121,545 ) $ 2,921,186 $ 1,755,241 $ (9,332 ) $ 1,745,909 Outstanding recorded investment after TDR $ 3,039,419 $ (82,657 ) $ 2,956,762 $ 1,747,837 $ 21,520 $ 1,769,357 Number of contracts (not in thousands) 184,640 (13,473 ) 171,167 116,846 (6,340 ) 110,506 The impact of the corrections on the Company's disclosures of retail installment contracts modified as TDRs within the previous twelve months that subsequently defaulted for the years ended December 31, 2014 and 2013 was as follows: For the Year Ended December 31, 2014 December 31, 2013 As Reported Corrections As Restated As Reported Corrections As Restated Recorded investment in TDRs that subsequently defaulted $ 419,032 $ 107,835 $ 526,867 $ 79,714 $ 250,927 $ 330,641 Number of contracts (not in thousands) 36,843 (4,622 ) 32,221 6,383 15,479 21,862 The impact of the corrections on the Company's disclosures of the carrying and fair values of finance receivables held for investment, net as of December 31, 2014 : Finance receivables held for investment, net - Level 3 Carrying Value As Reported Corrections As Restated Finance receivables held for investment, net $ 23,915,551 $ 56,508 $ 23,972,059 Reclassifications Certain prior year amounts have been reclassified to conform to current year presentation; specifically, retail installment contracts held for investment, personal loans, receivables from dealers, and capital lease receivables, which previously were reported as separate line items in the consolidated balance sheet, now are reported in aggregate in the consolidated balance sheet as finance receivables held for investment, net, with disclosure of the components in Note 2 – Finance Receivables and Note 3 – Leases. Additionally, related-party assets and liabilities, which previously were disclosed parenthetically and included with third party balances on the consolidated balance sheet, are now reported as separate line items in the consolidated balance sheet. The classification of related-party assets and liabilities reported in the consolidated balance sheets as of December 31, 2015 and 2014 is as follows: Related-Party Assets and Liabilities Classification as of December 31, 2015 December 31, 2014 Related party taxes receivable Federal, state and other income taxes receivable Due from affiliates Other assets Notes payable – related party Notes payable – credit facilities Related party taxes payable Federal, state and other income taxes payable Due to affiliates Accrued interest payable The reclassifications in the consolidated balance sheets also are reflected in the corresponding categories in the consolidated statements of cash flows. The preparation of financial statements in conformity with U.S. GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and the disclosures of contingent assets and liabilities, as of the date of the financial statements, and the amount of revenue and expenses during the reporting periods. Actual results could differ from those estimates and those differences may be material. These estimates include the determination of credit loss allowance, discount accretion, market values of loans, impairment, expected end-of-term lease residual values, values of repossessed assets, and income taxes. These estimates, although based on actual historical trends and modeling, may potentially show significant variances over time. Business Segment Information The Company has one reportable segment: Consumer Finance, which includes the Company’s vehicle financial products and services, including retail installment contracts, vehicle leases, and dealer loans, as well as financial products and services related to motorcycles, recreational vehicles, and marine vehicles. It also includes the Company’s personal loan and point-of-sale financing operations. Accounting Policies Finance Receivables Finance receivables are comprised of retail installment contracts individually acquired, purchased receivables, receivables from dealer, personal loans, and capital lease receivables. Finance receivables are classified as either held for sale or held for investment, depending on the Company’s intent and ability to hold the underlying contract until maturity or payoff. Most of the Company’s retail installment contracts held for investment are pledged under its warehouse facilities or securitization transactions. Retail Installment Contracts Retail installment contracts consist largely of nonprime automobile finance receivables, which are acquired individually from dealers at a nonrefundable discount from the contractual principal amount. Retail installment contracts also include receivables originated through a direct lending program and loan portfolios purchased from other lenders. Retail installment contracts acquired individually or originated directly are primarily classified as held for investment and carried at amortized cost, net of allowance for credit losses. The Company has elected the fair value option for certain non-performing loans acquired through the exercise of a clean-up call (Note 7). Accordingly, changes in the fair value of these finance receivables, which are based upon fair value estimates (Note 15), are reported in investment gains (losses), net, in the consolidated statements of income and comprehensive income. The fair value of finance receivables for which the Company has elected the fair value option was $6,770 and zero as of December 31, 2015 and 2014 , respectively. Interest is accrued when earned in accordance with the terms of the retail installment contract. The accrual of interest is discontinued and reversed once a retail installment contract becomes more than 60 days past due, and is resumed and reinstated if a delinquent account subsequently becomes 60 days or less past due. The amortization of discounts, subvention payments from manufacturers, and other origination costs on retail installment contracts held for investment acquired individually, or through a direct lending program, are recognized as adjustments to the yield of the related contract using the effective interest method. The Company estimates future principal prepayments and defaults in the calculation of the constant effective yield. Purchased Receivables Portfolios Receivables portfolios purchased from other lenders that are purchased at amounts less than the principal amount of those receivables, resulting in a discount to par, are accounted for in accordance with ASC 310-30, Loans and Debt Securities Acquired with Deteriorated Credit Quality , if the discount was attributable, at least in part, to the expectation that not all contractual cash flows will be received from borrowers, which did not exist at the origination of the loans. The excess of the estimated undiscounted principal, interest, and other cash flows expected to be collected over the initial investment in the acquired loans, or accretable yield, is accreted to interest income over the expected life of the loans using the effective interest rate method. The nonaccretable difference is the excess between the contractually required payments and the amount of cash flows, considering the impact of prepayments, expected to be collected. The nonaccretable difference is not accreted into income. Any deterioration in the performance of the purchased portfolios results in an incremental impairment. Improvements in performance of the purchased pools that significantly increase actual or expected cash flows result in first a reversal of previously recorded impairment and then in a transfer of the excess from nonaccretable difference to accretable yield, which will be recorded as finance income over the remaining life of the receivables. Personal Loans, Net Personal loans, net, primarily consist of both revolving and amortizing term finance receivables acquired individually under terms of the Company’s agreements with certain third parties who originate and continue to service the loans. Personal loans also include private-label revolving lines of credit originated through the Company’s relationship with a point-of-sale lending technology company. Certain of the revolving receivables were acquired at a discount. Interest is accrued when earned in accordance with the terms of the contract. The accrual of interest on amortizing term receivables is discontinued and reversed once a receivable becomes past due more than 60 days , and is resumed and reinstated if a delinquent account subsequently becomes 60 days or less past due. The accrual of interest on revolving personal loans continues until the receivable becomes 180 days past due, at which point the principal amount and interest are charged off. The amortization of discounts is recognized on a straight-line basis over the estimated period over which the receivables are expected to be outstanding. Receivables from Dealers Receivables from dealers include floorplan loans provided to dealerships to finance new and used vehicles for their inventory. Receivables from dealers also include real estate loans and working capital revolving lines of credit. Interest on these loans is accrued when earned in accordance with the agreement with the dealer. Receivables from dealers the Company does not have the intent and ability to hold for the foreseeable future or until maturity or payoff are classified as held for sale and carried at the lower of cost or market, as determined on an aggregate basis. Dealers with floorplan loans are permitted to deposit cash with the Company in exchange for a lower interest rate. This cash is commingled with the Company’s other cash and available for general use. As of December 31, 2015 and 2014 , no dealer had cash on deposit with the Company. Finance Receivables Held for Sale Finance receivables, which may include any of the receivables described above, that the Company does not have the intent and ability to hold for the foreseeable future or until maturity or payoff, including those previously designated as held for investment and subsequently identified for sale, are classified as held for sale, at origination or at the time a decision to sell is made. Finance receivables designated as held for sale are carried at the lower of cost or market, as determined on an aggregate basis. Cost, or recorded investment, includes deferred net origination fees and costs, premium or discounts, accrued interest, manufacturer subvention (if any) and any direct write-down of the investment. When loans are transferred from held for investment, if the recorded investment of a loan exceeds its market value at the time of initial designation as held for sale, the Company will recognize a direct write-down of the excess of the recorded investment over market as a charge-off against the credit loss allowance. Subsequent to the initial measurement of retail installment contracts held for sale, market declines in the recorded investment, whether due to credit or market risk, are recorded through investment gains (losses), net as lower of cost or market adjustments. Provision for Credit Losses Provisions for credit losses are charged to operations in amounts sufficient to maintain the credit loss allowance at a level considered adequate to cover probable credit losses inherent in the finance receivables held for investment portfolio other than those classified as TDRs. Probable losses are estimated based on contractual delinquency status and historical loss experience, in addition to the Company’s judgment of estimates of the value of the underlying collateral, bankruptcy trends, economic conditions such as unemployment rates, changes in the used vehicle value index, delinquency status, historical collection rates and other information in order to make the necessary judgments as to probable loan losses. Provisions for credit losses are charged to operations for impairment on TDRs. Retail installment contracts acquired individually are charged off against the allowance in the month in which the account becomes 120 days contractually delinquent if the Company has not repossessed the related vehicle. The Company charges off accounts in repossession when the automobile is repossessed and legally available for disposition. A charge-off represents the difference between the estimated net sales proceeds and the amount of the delinquent contract. Accounts in repossession that have been charged off and are pending liquidation are removed from retail installment contracts and the related repossessed automobiles are included in other assets in the Company’s consolidated balance sheets. Term and revolving personal loans are charged off against the allowance in the month in which the accounts become 120 and 180 days contractually delinquent, respectively. In addition to maintaining a general allowance based on risk ratings, receivables from dealers are evaluated individually for impairment with allowances established for receivables determined to be individually impaired. Receivables from dealers are charged off against these allowances at management’s discretion based on the dealer’s individual facts and circumstances. Troubled Debt Restructurings A modification of finance receivable terms is considered a troubled debt restructuring (TDR) if the Company grants a concession it would not otherwise have considered to a borrower for economic or legal reasons related to the debtor's financial difficulties. The Company considers TDRs to include all individually acquired retail installment contracts or personal revolving loans that have been modified at least once, deferred for a period of 90 days or more, or deferred at least twice. Additionally, restructurings through bankruptcy proceedings are deemed to be TDRs. The purchased receivables portfolio and operating and capital leases are excluded from the scope of the applicable guidance, and none of the Company's personal term loans or dealer loans have been modified or deferred. For TDRs, impairment is typically measured based on the difference between the net carrying value of the loan and the present value of the expected future cash flows of the loan. The loan may also be measured for impairment based on the fair value of the underlying collateral less costs to sell for loans that are collateral dependent. Leased Vehicles, Net Most vehicles for which the Company is the lessor are classified as operating leases, as they do not meet the accounting requirements to be classified as a capital lease. The net capitalized cost of each lease is recorded as an asset and depreciated on a straight-line basis over the contractual term of the lease to the expected residual value. The expected residual value and, accordingly, the monthly depreciation expense may change throughout the term of the lease. The Company estimates expected residual values using independent data sources and internal statistical models that take into consideration economic conditions, current auction results, the Company’s remarketing abilities, and manufacturer vehicle and marketing programs. Over the life of the lease, the Company evaluates the adequacy of the estimate of the residual value and may make adjustments to the depreciation rates to the extent the expected value of the vehicle at lease termination changes. Lease payments due from customers are recorded as income until and unless a customer becomes more than 60 days delinquent, at which time the accrual of revenue is discontinued and reversed. The accrual is resumed and reinstated if a delinquent account subsequently becomes 60 days or less past due. Subvention payments from the manufacturer, down payments from the customer, and initial direct costs incurred in connection with originating the lease are treated as a reduction to the cost basis of the underlying lease asset and are amortized on a straight-line basis over the contractual term of the lease. The amortization of manufacturer subvention payments is reflected as a reduction to depreciation expense over the life of the contract. The Company periodically evaluates its investment in operating leases for impairment if circumstances, such as a general decline in used vehicle values, indicate that an impairment may exist. Capital Lease Receivables, net Leases classified as capital leases are accounted for as direct financing leases. Minimum lease payments plus the estimated residual value of the leased vehicle are recorded as the gross investment. The difference between the gross investment and the cost of the leased vehicle is recorded as unearned income. Direct financing leases are reported at the aggregate of gross investments, net of unearned income and allowance for lease losses. Income for direct financing leases is recognized using the effective interest method, which provides a constant periodic rate of return on the outstanding investment on the lease. Repossessed Vehicles and Repossession Expense Repossessed vehicles represent vehicles the Company has repossessed due to the borrowers’ default on the payment terms of the retail installment contracts, loans or leases. The Company generally begins repossession activity once a customer has reached 60 days past due. The customer has an opportunity to redeem the repossessed vehicle by paying all outstanding balances, including finance charges and fees. Any vehicles not redeemed are sold at auction. The Company records the vehicles currently in its inventory at the lower of cost or estimated fair value, net of estimated costs to sell. (See Notes 9 and 15.) Repossession expense includes the costs to repossess and sell vehicles obtained due to borrower default. These costs include transportation, storage, rekeying, condition reports, legal fees and the fees paid to repossession agents. Noncontrolling Interests Noncontrolling interests represent the activity and net assets of two Delaware limited liability companies (the LLCs), Auto Loan Acquisition 2011-A LLC and Auto Loan Acquisition 2011-B LLC, which were formed in 2011 to purchase and hold certain loan portfolios. Two of the investors in Sponsor Auto Finance Holdings Series LP (Auto Finance Holdings), then an investor in the Company, were the equity investors in the LLCs. Although SC had no equity interest in the LLCs, it had variable interests in the LLCs, including the servicing agreements and an investment in subordinated bonds of the LLCs. Because the Company had the power, through execution of the servicing agreements, to direct the activities of the LLCs that had the most impact on the LLCs’ performance, and had the potential to absorb losses of the entities because of the investment in the bonds, SC was considered the primary beneficiary. Accordingly, these LLCs were consolidated in SC’s consolidated financial statements, with noncontrolling interest expense recorded equal to their entire net income. On August 30, 2013, the two equity investors abandoned their interests in the LLCs, resulting in SC having full ownership of the LLCs. Accordingly, the $38,111 noncontrolling interests balance as of that date was reclassified into additional paid-in capital, net of a $14,058 adjustment to the deferred tax asset representing the change in the book-tax basis difference of SC’s investment in the LLCs. As a result of the abandonment, noncontrolling interests are no longer recorded. Sales of Finance Receivables and Leases The Company transfers retail installment contracts into newly formed Trusts, which then issue one or more classes of notes payable backed by the retail installment contracts. The Company’s continuing involvement with the credit facilities and Trusts are in the form of servicing loans held by the special purpose entities (SPEs) and, generally, through holding a residual interest in the SPE. These transactions are structured without recourse. The Trusts are considered VIEs under U.S. GAAP and are consolidated when the Company has: (a) power over the significant activities of the entity and (b) an obligation to absorb losses or the right to receive benefits from the VIE which are potentially significant to the VIE. The Company has power over the significant activities of those Trusts as servicer of the financial assets held in the Trust. Servicing fees are not considered significant variable interests in the Trusts; however, when the Company also retains a residual interest in the Trust, either in the form of a debt security or equity interest, the Company has an obligation to absorb losses or the right to receive benefits that are potentially significant to the SPE. Accordingly, these Trusts are consolidated within the consolidated financial statements, and the associated retail installment contracts, borrowings under credit facilities and securitization notes payable remain on the consolidated balance sheets. Securitizations involving Trusts in which the Company does not retain a residual interest or any other debt or equity interests are treated as sales of the associated retail installment contracts. While these Trusts are included in the consolidated financial statements, these Trusts are separate legal entities; thus, the finance receivables and other assets sold to these Trusts are legally owned by these Trusts, are available only to satisfy the notes payable related to the securitized retail installment contracts, and are not available to the Company's creditors or other subsidiari |