Category: President Trump

Horseracing Integrity And Safety Act Signed Into Law

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The Horseracing Integrity and Safety Act is now law.

The legislation passed by the Senate on Dec. 21 that will put anti-doping/medication control and safety programs under the umbrella of one independent, non-governmental Authority, the Horseracing Integrity and Safety Act was part of a 5,500-plus page, $2.3 trillion bipartisan government funding bill that included $900 billion in coronavirus relief extending unemployment benefits and providing up to $600 in cash payments to individuals. President Donald Trump, whose Treasury Department officials helped negotiate the package, had threatened to veto the bill, in part demanding that the $600 individual benefits be increased to $2,000.

On Sunday night, Trump signed the bill into law.

 

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Guidelines For H-2B Exceptions Published By U.S. State Department

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The U.S. Department of State on Wednesday published guidelines providing exceptions to a June 22 proclamation by President Donald Trump suspending entry into the United States of foreign nationals applying for certain visas, including H-2B visas acquired by trainers for many backstretch workers. With limited exceptions, H-2B workers have been unable to enter the U.S. since the presidential proclamation took effect on June 24.

The guidance provides exceptions for, among others, “nonfarm animal caretakers” – the category used by trainers applying for H-2B visas for immigrant workers. New and renewal visa applications that were being processed or were submitted when the proclamation went into effect will be re-evaluated. Consular officers will look at whether the applicant was previously employed and trained by the petitioning employer under two or more H-2B visas; is traveling based on a temporary labor certification reflecting continued need by the employer; and whether denial of an H-2B visas would create a financial on the employer.

The full guidelines can be read here.

Trainers should consult with H-2B legal advisers for more specifics on the guidelines.

Racetracks, Horse Ownership Entities Now Eligible For Paycheck Protection Loan Program

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by | 04.24.2020 | 1:24pm

President Trump signed into law today an emergency aid package providing additional relief to small businesses and health care facilities, and the Small Business Administration released updated guidance that will assist the horse industry.

The new law provides $310 billion to replenish the Paycheck Protection Program (PPP) for small businesses, which was oversubscribed. The additional appropriation will allow financial institutions to make additional forgivable loans to eligible small businesses in order to keep employees on the payroll for eight weeks.

The new law also includes $60 billion in loans and grants for a separate Economic Injury Disaster Loan (EIDL) program, and makes farms and ranches eligible for the loans. Farms with 500 or fewer employees whose primary activity is breeding horses are now eligible to apply.

Separately, the Treasury and SBA released updated interim final rules that contain a key clarification that will provide essential relief to racetracks and other businesses who rely on gambling income and otherwise qualify for an SBA loan. Under the new rules, businesses that receive legal gambling income are eligible to apply for this loan forgiveness program.The NTRA has been lobbying the SBA for this updated guidance for several weeks.

“We thank the SBA and our allies on the Hill for providing clarification that will allow broader participation in the PPP and EIDL loan programs by racetracks, farms and others in our industry who have been negatively impacted by the coronavirus pandemic,” said NTRA President and CEO Alex Waldrop.

NTRA partner Dean Dorton, one of the nation’s leading experts on equine tax matters, has posted an update on its Covid-19 microsite at NTRA.com that outlines all of these new provisions that will positively impact horse racing and breeding. That PowerPoint can be found here.

THREE-YEAR RACEHORSE DEPRECIATION RETURNS RETROACTIVELY FOR FISCAL YEAR 2017

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Friday, February 9, 2018 President Trump  signed into law the Bipartisan Budget Act, a bill that among other measures extends retroactively for fiscal year 2017 uniform three-year racehorse depreciation, an important tax provision supported by the National Thoroughbred Racing Association (NTRA) that expired in 2016 alongside certain other expired tax provisions.  The bill also funds the federal government until March 23.

Three-year depreciation is an investment incentive for racehorse owners that had been in place for several years before expiring at the end of 2016.

“We wish to thank Senate Majority Leader Mitch McConnell for his continued support for our industry,” said NTRA President and CEO Alex Waldrop. “We’ve worked with the Leader for over a decade on our industry’s unique issues, and we appreciate his continued efforts.”

Prior to the 2008 Farm Bill, which became effective January 1, 2009, racehorses 24 months of age and younger when purchased and placed in service, were depreciated on a seven-year schedule that did not accurately reflect the length of a typical racehorse’s career; only racehorses over 24 months old were depreciated using a three-year schedule.

The NTRA will continue to advocate for tax policies that accurately reflect our unique industry.

About the NTRA

The NTRA, based in Lexington, Ky., is a broad-based coalition of more than 100 horse racing interests and thousands of individual stakeholders consisting of horseplayers, racetrack operators, owners, breeders, trainers and affiliated horse racing associations, charged with increasing the popularity, welfare and integrity of Thoroughbred racing through consensus-based leadership, legislative advocacy, safety and integrity initiatives, fan engagement and corporate partner development. The NTRA owns and manages the NTRA Safety and Integrity Alliance, NTRA.com, the Eclipse Awards, the National Handicapping Championship, NTRA Advantage, a corporate partner sales and sponsorship program, and Horse PAC, a federal political action committee. NTRA press releases appear on NTRA.com, Twitter (@ntra) and Facebook (facebook.com/1NTRA).

TAX BILL BENEFITS THOROUGHBRED BREEDERS AND OWNERS, DOUBLES CERTAIN DEPRECIATION BENEFITS, RETAINS MISCELLANEOUS LOSS DEDUCTION FOR HORSEPLAYERS

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LEXINGTON, Ky. (Wednesday, December 20, 2017) – The Tax Bill cleared by Congress for President Trump’s signature contains a number of provisions beneficial to horse breeders and owners, according to an initial assessment by the National Thoroughbred Racing Association (NTRA).

The tax bill benefits the horse racing industry by slashing corporate tax rates, reducing most individual tax rates, doubling the estate tax exemption from $5 million to $10 million (indexed for inflation occurring after 2011), and generally providing special tax treatment for certain pass-through entities (sole proprietorships, partnerships, limited liability companies, and S corporations).

The package also includes significant and positive changes to depreciation and expensing of yearlings, breeding stock, farm equipment and other qualifying depreciable property. These include:

  • Bonus Depreciation. An increase in bonus depreciation from 50 percent to 100 percent for both new and used property acquired and put into service after Sept. 27, 2017, and before Jan. 1, 2023. Bonus depreciation permits first-year, full expensing for purchases such as yearlings, breeding stock, and farm equipment. Current law provides for 50 percent depreciation on new property only. The new benefits will be effective at the 100 percent rate through 2022. Beginning with 2023, bonus depreciation will be phased out at a rate of 20% each year until fully phased out after 2027.
  • 179 Deduction. The maximum amount that may be expensed under this provision has been increased from $500,000 to $1 million for new and used property. Additionally, the phase-out threshold for the deduction has been increased from $2 million to $2.5 million. Both the maximum deduction and phase-out amount are permanently extended and will be indexed for inflation.
  • Farm Property. Machinery and equipment used in farming operations will be granted accelerated depreciation with a useful life of only five years and depreciation using the 200 percent declining balance method. The current law provides for a useful life of seven years and depreciation using the 150 percent declining balance method.

“At more than 700 pages, the tax bill and accompanying joint explanatory statement are enormous in both size and complexity,” said NTRA President & CEO Alex Waldrop. “While the overall impacts on each individual will vary, in general many of the provisions should have a positive impact on the economics of horse racing and breeding.”

For horseplayers – many of whom may benefit from the reduced corporate, individual, and pass-through entity tax rates – the NTRA successfully worked to defeat a proposed amendment that would have eliminated the itemized miscellaneous deduction for gambling losses entirely. Consequently, horseplayers will continue to be allowed to deduct their losses from wagering transactions (i.e., losing tickets) up to the amount of winnings. However, beginning January 1, 2018, through December 31, 2025, the limitation on losses from wagering transactions (up to the amount of winnings) will apply not only to the actual costs of wagers incurred by an individual, but also to other deductible expenses such as travel and lodging incurred by the individual in connection with the conduct of that individual’s gambling activity.

Waldrop added: “The information presented in this release is not a comprehensive explanation of the tax bill. The NTRA urges every industry participant with tax concerns to consult with your tax advisor for information and planning advice applicable to your specific situation.”

About the NTRA

The NTRA, based in Lexington, Ky., is a broad-based coalition of more than 100 horse racing interests and thousands of individual stakeholders consisting of horseplayers, racetrack operators, owners, breeders, trainers and affiliated horse racing associations, charged with increasing the popularity, welfare and integrity of Thoroughbred racing through consensus-based leadership, legislative advocacy, safety and integrity initiatives, fan engagement and corporate partner development. The NTRA owns and manages the NTRA Safety and Integrity Alliance; NTRA.com; the Eclipse Awards; the National Handicapping Championship; NTRA Advantage, a corporate partner sales and sponsorship program; and Horse PAC®, a federal political action committee. NTRA press releases appear on NTRA.com, Twitter (@ntra) and Facebook (facebook.com/1NTRA).