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Lawmakers Boost Funds for Equine Assisted Therapy Buried in the text of the 2,232 page omnibus spending bill enacted in late March, Congress included a provision to increase funds available for equine-assisted therapy by $1 million in FY2018.
House Lawmakers Deliver Horse Industry Priorities in 2018 Farm Bill
Following a weeks-long standoff over work requirements for supplemental nutrition assistance plan (SNAP) benefits, House Agriculture Committee Chairman Mike Conaway (R-TX) released the Agriculture and Nutrition Act of 2018 (H.R. 2) on April 12.
The National Park Service (NPS) announced a new entrance fee structure intended to raise money to repair the nation’s aging park infrastructure, which includes a maintenance backlog of $11.6 billion.
AHC Participates in USDA-APHIS Stakeholders Meeting
Every year the AHC is invited to participate in a stakeholder meeting with the Administrator of the USDA’s Animal and Plant Health Inspection Service (APHIS).
Help the UHC Prevent Unwanted Horses The mission of the American Horse Council Foundation’s (AHCF) Unwanted Horse Coalition (UHC) is to reduce the number of unwanted horses and to improve their welfare through education and industry collaboration. Of course, one of the best way to reduce the number of unwanted horses is to prevent unwanted breeding.
The AHC is pleased to announce that the topic for its 2nd quarter webinar for 2018 will be Microchipping. The webinar will take place on Monday, May 14th at 3:00 pm ET.
Presenting will be Angela Pelzel-McCluskey, DVM, MS from the U.S. Department of Agriculture (USDA), TC Lane from the United States Trotting Association (USTA), and Ashley Furst, Director of the Unwanted Horse Coalition (UHC).
Dr. McCluskey is an Equine Epidemiologist for USDA-APHIS-Veterinary Services, and will present on the “Traceability of Equine Microchips” and demonstrate some of the successes and challenges encountered when a horse with a chip is found and efforts are made to try to trace that chip to figure out who the horse is.
TC Lane is the Director of Registry and Member Services for the USTA, and will be presenting a new microchipping requirement that the USTA will be putting into place where in 2019 all foals will be required to be implanted with a microchip. The microchips would replace freeze brands and lip tattoos as means of identification for Standardbreds.
Finally, UHC Director Ashley Furst will discuss the new program “Operation Chip” introduced in January 2018. The program currently provides free microchips and registration of that microchip to stallions getting gelded through the Operation Gelding program.
The webinar is open to both AHC members and non-members—we encourage everyone to attend! To register for the webinar, please click here. The webinar lasts approximately one hour, and will allow for Q&A at the end of each speaker’s presentation. If you have any questions, please contact Ashley Furst at afurst@horsecouncil.org. We look forward to having you join us for our 2nd quarter webinar!
The theme of the National Issues Forum will be “Let’s Capitalize On It!” and will focus on ways the equine industry can learn and grow from both equine and outside industry segments as well as expanding technology beneficial to both humans and equines.
The Forum will kick off Tuesday with speaker Luis Benitez, Director of the Colorado Outdoor Recreation Industry Office, where he will give an overview of his roles and responsibilities, as well as explain how other states could adopt a similar model. Following Mr. Benitez will be a panel titled “Survey Says” and will examine various data trends within the equine industry over the past several years. The morning will also include a youth engagement panel, “Building the pipeline of future horse enthusiasts,” and will feature representatives from the PGA “First Tee” program and the Outdoor Industry Association’s “Outdoor Nation.”
The afternoon session will start with Dan Ashe, President and CEO of the Association of Zoos & Aquariums (AZA). AZA is a nonprofit association dedicated to the advancement of zoos and aquariums in the areas of conservation, animal welfare, education, science and recreation. Noted author and journalist Fran Jurga will also be speaking on emerging technologies in the equine industry. Also speaking will be Anne Poulson, Dr. Yuval Neria and Dr. Prudence Fisher from the Man ‘o War Project and Columbia University Medical Center presenting their methodology and findings from their clinical research to determine the effectiveness of EAAT on military veterans suffering from PTSD. Also include panels of Congressional representatives, and equine aftercare, followed by round table discussion on topics of interests.
New this year, vendors will be set up to provide live demonstrations of emerging technologies including health monitoring sensors for horses and virtual reality demonstrations.
The AHC’s Annual Meeting will take place Sunday, June 10th – Wednesday, June 13th. Sunday and Monday various committees of the AHC will meet. The Annual Meeting and National Issues Forum will take place on Tuesday and are open to both AHC members and non-members- we encourage anyone involved in the equine industry to attend to learn about new developments and how they can become involved!
Congress Delivers H-2B Visa “Cap Relief,” ELD Flexibility in Omnibus Bill
Shortly after 12:30 am, on Friday, March 23, Congress approved a massive $1.3 trillion omnibus spending bill for Fiscal Year (FY) 2018 to fund federal government operations through September 30. The 2,232 page bill includes several regulatory measures that will provide flexibility for the horse industry, most notably H-2B visa cap relief for seasonal, guest workers and a temporary enforcement exemption for the transportation of livestock from the Electronic Logging Device (ELD) regulations. The legislation also includes policy “riders” to defund Department of Agriculture (USDA) and Environmental Protection Agency (EPA) programs that will impact the equine sector and broader agriculture economy.
Lawmakers Raise the Ceiling on H-2B Guest-Worker Visas
Despite opposition from a large number of lawmakers from both political parties, the horse industry and its allies persuaded Congress to effectively raise the Department of Homeland Security (DHS) cap on H-2B temporary worker visas from the current cap of 66,000 to 129,500 visas for FY2018. A provision tying the number of H-2B visas to a number not to exceed the maximum number of participants from the returning worker program in a previous year has effectively doubled the number of visas the agency may issue in 2018. Because of the fast approaching seasonal labor needs for breeding farms, race tracks, and other seasonal employers, AHC and its partners are urging DHS to implement the flexibility measures as quickly as possible to mitigate paperwork bottlenecks during the remainder of the year. Other key H-2B provisions include acceptance of private wage surveys to determine “prevailing wage” requirements, and language that defines “seasonal need” as a 10-month period within the context of the program. The coalition has already begun to focus efforts on creating permanent cap relief in future legislative vehicles. This would decouple the H-2B visa issue from the annual appropriations process and create an environment of investment certainty.
Congress Delays ELD Enforcement for Livestock to September 30
On the heels of the DOT’s March 13 issuance of an additional 90-day exemption from ELD enforcement requirements for livestock, the bill includes a provision that would defund enforcement to at least September 30, which is the official end of the fiscal year. The delay will provide DOT and industry stakeholders more time to educate livestock haulers on the proper scope of the ELD mandate, which has caused uncertainty since being finalized in late 2015. Furthermore, industry’s September 2017 request to push back the compliance deadline by a full year is still outstanding, leaving the possibility of another enforcement delay for livestock.
Lawmakers Fully Fund Tax Law Implementation, Defund Horse Slaughter Inspections, EPA Ag Emission and Reporting Rules
In a rare move to increase resources for the Internal Revenue Service (IRS), Congress appropriated an additional $320 million through September 2019 for the nation’s tax collectors to help assure a smooth implementation of the 2017 tax law. The omnibus also includes a rider that bans funding of USDA personnel to inspect horses prior to slaughter, a provision which lawmakers have renewed within multiple spending bills during previous years to effectively shut down horse slaughter in the U.S. On the EPA front, the bill also defunds enforcement of rules that would do the following:
Mandate the reporting of greenhouse gas (GHG) emissions from decomposing animal waste located on farms;
And reporting air emissions from farms resulting from hazardous substances, pursuant to the nation’s Superfund law.
AHC will deliver updates on more details within the 2018 omnibus spending package that impact the horse industry as they emerge. To view a copy of the 2232 page bill, please click here: http://docs.house.gov/billsthisweek/20180319/BILLS-115SAHR1625-RCP115-66.pdf. If you have questions about FY2018 appropriations, please contact Bryan Brendle, Director of Policy and Legislative Affairs, at bbrendle@horsecouncil.org.
The U.S. Department of Transportation’s (DOT) Federal Motor Carrier Safety Administration (FMCSA) today announced additional steps to address the unique needs of the country’s agriculture industries and provided further guidance to assist in the effective implementation of the Congressionally-mandated electronic logging device (ELD) rule without impeding commerce or safety.
FMCSA is announcing an additional 90-day temporary waiver from the ELD rule for agriculture related transportation. Additionally, during this time period, FMCSA will publish final guidance on both the agricultural 150 air-mile hours-of-service exemption and personal conveyance.
It is important to note that this 90 days is an extension of the previous 90 days given to all agriculture commodity haulers. This is not a final decision on the livestock specific ELD exemption request filed in September—a determination on that request is still to be made. The AHC will continue to push for this exemption along with other livestock industry associations. The welfare, safety, and health of the animals in transit, together with the safety of other drivers on the road, are top priorities for the equine industry and its enthusiasts.
The AHC will continue to work with the FMCSA and the DOT during this delay to better meet the needs of the animal agriculture community to ensure that there are no unintended consequences from current ELD regulations.
If you have any questions, please contact the AHC.
As the March 23 deadline to finalize a FY2018 spending bill approaches, the horse industry and its allies continue to urge lawmakers to include H-2B guest worker visa “cap relief” in the final spending bill. Please contact your federal elected officials today and tell them to support any provision that will provide H-2B visa cap relief within the context of FY2018 appropriations bills. Congress can help provide the tools you need to grow your business in 2018 by enacting visa cap relief today!
The Federal Motor Carrier Safety Administration (FMCSA) followed their recent meeting with AHC staff, a meeting in response to the AHC request for clarification , by releasing two documents on the existing Commercial Driver License (CDL) regulations and how those regulations impact the horse industry. The AHC is appreciative of the horse specific efforts that FMCSA have taken to quell the concerns of our recreational enthusiasts.
The guidance titled “Agricultural Exceptions and Exemptions to the Federal Motor Carrier Safety Administration Hours of Service (HOS) and Commercial Driver’s License (CDL) Rules” and “Non-Business Related Transportation of Horses ” explain how published FMCSA guidance provides an exception for the transportation of horses when the transportation in question is not business related (neither for compensation, nor where the driver is engaged in an underlying business related to the move). In these cases, the Federal Motor Carrier Safety Regulations do not apply, even if prize or scholarship money is offered. This includes the Hours-of-Service (HOS) regulations, requirements for Electronic Logging Devices (ELD) and CDL regulations, unless required by the driver’s home state. Both documents contain example scenarios that may help horse owners better understand the regulations as they exist today.
The AHC will continue to pursue clarifications until the industry is satisfied that there are no unintended consequences from current CDL or ELD regulations. The AHC will take action where clarifications are not sufficient, including the continued collaboration with the entire livestock industry to get a delay in ELD enforcement.
AHC staff are still compiling the industry’s concerns and questions to forward to DOT and invite people to share their comments. Additionally, DOT has established a specific email address for agricultural specific questions at agricultural@dot.gov . This address will be used to generate a future F.A.Q. page.
The AHC encourages our members to share their questions to the DOT email as well to better highlight the existing concerns regarding the interpretation of CDL regulations. If clarifications and the F.A.Q. fail to address the concerns of our members, then the AHC will continue their efforts and pursue both legislative and regulatory solutions.
National Forest Service Identifies “Priority Areas” for Trail Repair, Lawmakers to Expand Scope of RNR Act
On February 16, the Department of Agriculture’s National Forest Service (NFS) unveiled a list of 15 trail areas that the agency is targeting for priority maintenance projects. As you recall, the National Forest System Trails Stewardship Act (PL 114-245, aka, “Trails Act”), signed into law in late 2016, directs the NFS to take steps to reduce the backlog of federal maintenance projects by identifying those that are in most need of repair. The Trails Act outlines a detailed program including goals and timetables by which the Department of Agriculture (USDA) will leverage private partners to clear trails long overdue for maintenance. USDA Secretary Perdue underscored the importance of public/private partnerships supported by the horse industry by stating that the “partners and volunteers” will “address needed infrastructure work,” amounting to about $300 million in backlog maintenance.
Jim McGarvey, who leads the American Horse Council’s Recreation, Trails and Land-Use Committee, applauds the agency’s follow-through on the Trails Act directives. He states that “AHC was a proud supporter of the Trails Act, and we thank the Forest Service for its continued work in saving these trails for America’s horse riders.” By beginning work on “priority areas,” the agency is focusing on trails that were “impassable” and otherwise posed safety hazards to horsemen and other outdoor enthusiasts. On February 13, NFS personnel informed AHC members and staff that the agency will continue to explore ways to leverage public/private partnerships to maintain public trails. To view a copy of the NFS announcement, please click here: https://www.fs.fed.us/news/releases/usda-secretary-announces-infrastructure-improvements-forest-system-trails.
On the congressional front, lawmakers continue to review provisions that would expand the scope of the Recreation-Not-Red-Tape (RNR) Act (H.R. 3400), one of Congress’ most ambitious public lands initiatives. The legislation would build on the success of the Trails Act by authorizing the Department of the Interior, through the Bureau of Land Management (BLM), to enter into cooperative agreements with private parties to continue to expand the role of volunteers in trail maintenance. The House Natural Resources Committee is planning to move forward with a mark-up of H.R. 3400, possibly as early as March, to incorporate provisions of the Guide Outfitters (GO) Act into H.R. 3400. The expanded bill would establish a variety of regulatory efficiencies, including creation of joint permits for activities that take place on lands administered by the National Park Service, NFS and BLM. The House Natural Resources Committee postponed a mark-up planned for Wednesday, February 14, to continue to explore ways to expand the scope of the RNR Act.
AHC Meets with Department of Transportation, Federal Motor Carrier Safety Administration
The American Horse Council met with Department of Transportation (DOT), Federal Motor Carrier Safety Administration’s (FMCSA) Deputy Administrator and leadership team this week in response to a letter sent to Secretary Chao on January 28th, 2018. AHC staff went to DOT headquarters to raise the industry’s concerns and solicit clarification on how the existing regulations should be interpreted, and how those interpretations are affecting the horse industry.
The AHC expressed the industry’s interest in an increased level of stakeholder outreach, the lack of uniform interpretations nationwide, the applicability of various exemptions already in place, and the appropriate avenues for future legislative and regulatory efforts. AHC shared specific situations where rodeo, racing, competition and recreational sectors have interacted with law enforcement concerning commercial regulations.
The DOT informed the AHC that a new website specifically tailored to the agricultural industry will be unveiled in the next week, with a dedicated contact for agricultural questions, and they will begin to develop a F.A.Q. to more clearly address the questions which they receive.
The DOT members present did clarify that trailer drivers not engaged in business are not subject to Commercial Motor Vehicle (CMV) regulations, specifically where additional licensing is concerned. Regardless of weight, it was the interpretation of those present that going to an event that may issue prizes does not necessarily constitute commercial activity. As long as participation in the competition itself is not a component of the business with which that driver or the vehicle are regularly engaged, and expenses for said trip are not deducted for tax purposes, a CDL is not required to operate the CMV in question. Those interpretations, as are all CMV regulations, are specific to federal regulations, and state regulations may be less forgiving.
The AHC is excited about the opportunity to develop this relationship with DOT-FMCSA. The equine community should look forward to utilizing these lines of communication in the future to assure industry wide compliance and protection of individuals driving both commercially and recreationally. The AHC encourages the industry to reach out to state law enforcement to determine how best to comply with the state regulations. As additional information on this subject becomes available, the AHC will share that with our members as quickly as possible.
As a member of the AHC, we know want you to stay up to date and informed of the issues that could impact the industry you love.
That’s why we created our Member’s Only group on Facebook- a place where we can post information and updates and get our members immediate feedback.* In addition to the Washington Updates you receive, this is just one more way the AHC is working to keep our members informed and up-to date!
Click below to join the group today!
*Only current AHC members are eligible to join. All requests to join will be subject to verification by the AHC.
While registration filled up quickly for the AHC’s First Quarter 2018 webinar on the Electronic Logging Device (ELD) and Commercial Drivers License (CDL) requirements, the AHC recorded the webinar in order to share with our members.
This is a multifactorial issue, with requirements for a CDL varying from state to state. The AHC is planning on hosting a second webinar on this topic in the coming weeks, and will be meeting with the Department of Transportation this coming Friday to further address how to best communicate the complexities of the requirements to the equine industry.
The AHC recommends contacting your state Department of Transportation for specific questions on the CDL regulations for your state. To view a list of state by state contacts, please click here.
Congress Strikes Budget Deal in Wake of Brief Funding Lapse
Renews 3-Year Depreciation for Race Horses for FY2017
Following a procedural roadblock in the Senate that initiated a five-hour government shutdown early Friday – the briefest lapse on record and second in three weeks – Congress passed the Bipartisan Budget Act of 2018, legislation that will fund government operations through March 23 and remove budgetary obstacles to allow longer-term FY2018 appropriations talks to move forward. Fortunately for the horse industry, lawmakers approved an important tax incentive to restore three-year depreciation of racehorses for FY2017, allowing race horse owners to take advantage of the incentive within their FY2017 tax submission. This will allow racehorse owners to capture tax benefits that expired in FY2016. As you recall, the new tax law includes 100% depreciation for racehorses. The industry will continue to advocate for the 3-year depreciation provision for 2018 and beyond.
In addition to enacting an important capital cost recovery tool for the horse industry, the budget agreement also removes spending caps until March 2019 and authorizes nearly $300 billion in additional federal spending for the next two years. Lawmakers hope that addressing the funding caps, effectively ending the “sequester” for the next year, will pave the way for smoother and more long-term budget negotiations through the remainder of 2018.
To view a summary of the Bipartisan Budget Act of 2018, please click here.
For more information related to the nation’s rapidly changing tax policies, please contact Bryan Brendle, AHC’s Director of Policy & Legislative Affairs at bbrendle@horsecouncil.orgor 202-296-4031.
The American Horse Council (AHC) is pleased to announce that 2018 National Issues Forum will take place on Tuesday, June 12th at the Capital Hilton in Washington, DC. The theme will be “Let’s Capitalize On It!” and will focus on ways the equine industry can learn and grow from both equine and outside industry segments as well as expanding technology beneficial to both humans and equines.
“This year we wanted to bring in a combination of equine industry and outside industry speakers,” said AHC President Julie Broadway. “It’s always interesting to hear from outside segments about what they are doing to cultivate their own industries and how the equine industry itself can learn and grow from what they are doing. Additionally, we thought it would be fascinating to gain some insight into new technologies that are not only enhancing human lives, but equine ones as well.”
The Forum will kick of Tuesday with speaker Luis Benitez, Director of the Colorado Outdoor Recreation Industry Office, where he will give an overview of his roles and responsibilities, as well as explain how other states could adopt a similar model. Following Mr. Benitez will be a panel titled “Survey Says” and will examine various data trends within the equine industry over the past several years. The morning will also include a youth engagement panel, “Building the pipeline of future horse enthusiasts,” and will feature representatives from the PGA “First Tee” program, Outdoor Industry Association’s “Outdoor Nation,” and the Center for Creative Leadership.
The afternoon session will start with Dan Ashe, President and CEO of the Association of Zoos & Aquariums (AZA). AZA is a nonprofit association dedicated to the advancement of zoos and aquariums in the areas of conservation, animal welfare, education, science and recreation. Fran Jurga who will examine emerging technologies in the equine industry in a segment “CES 2017- Equestrian Style.” The afternoon will also include panels of Congressional representatives, and equine aftercare, followed by round table discussion on topics of interests.
New this year, vendors will be set up to provide live demonstrations of emerging technologies including health monitoring sensors for horses and virtual reality demonstrations.
The AHC’s Annual Meeting will take place Sunday, June 10th – Monday, June 11thwhere the various committees of the AHC will meet. The Annual Meeting and National Issues Forum are open to both AHC members and non-members- we encourage anyone involved in the equine industry to attend to learn about new developments and how they can become involved!
AHC Encourages Horse Industry to Complete 2018 Ag Census
The USDA is a little more than one week away from the 2017 Census of Agriculture response deadline of February 5. The American Horse Council (AHC) would like to remind farmers and ranchers of the importance of their input. A national press release was sent out this week and individuals can find it, as well as past census press releases, at www.agcensus.usda.gov/Newsroom/ . Also on the census website are video messages from U.S. Secretary of Agriculture Sonny Perdue, testimonials, the latest ads, and more at www.agcensus.usda.gov/Partners/.
The response rate for the census has been good across much of the United States. However, from the southeast across to Arizona, the return rate has been slightly lower compared to other parts of the country. States with lower return rates at this point are Arizona, New Mexico, Louisiana, Mississippi, Georgia, Florida, and South Carolina. It is important to note that these states have a considerable equine presence, and it is important to make the horse industry impact in these states known.
The AHC will release the National Economic Impact of the United States Equine Industry study later this month, and we are fortunate to be able to have our information come out the same year as the national agricultural census. The population figures the USDA collect, while not comprehensive, are also crucial for the equine industry and the efforts of the AHC here on Capitol Hill.
The upcoming Electronic Logging Device deadline has sparked an animated discussion within the horse industry. The AHC would like to note that these are federal regulations that are left to state officials to be enforced. This division of responsibilities, and potentially divergent interpretation, is the basis for the sense of confusion felt across the industry.
The Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) have told the AHC that the regulatory changes within the department are several years behind schedule. As such, addressing the current state of compliance is critically important to the industry and the continuation of the equestrian sport and way of life.
In that light, the AHC is working collectively with the larger livestock industry to seek more concise and plainly presented expectations for the equine industry to follow. The following letter was sent to Secretary Elaine Chao with the Department of Transportation in the hopes that DOT will address these concerns. Depending on the response from Secretary Chao and DOT, AHC is prepared to pursue new regulatory and legislative options that ensure the continuity and protection of the equine industry. View the letter here.
Please contact the AHC if you have any further questions.
The American Horse Council (AHC) will host its First Quarter 2018 webinar on Monday, February 12th at 3:00 pm ET and will address the recent Electronic Logging Device (ELD) Mandate that has caused much confusion and a lot of questions throughout the equine industry.
In light of the recent phone calls and emails with questions about the ELD Mandate and how it is going to not only affect the industry, but individuals as well, the AHC felt it was appropriate for the first webinar for 2018 to address the ELD mandate, and would be a compliment to the brochures that have already been put together on this issue.
The webinar will address the details of what the ELD Mandate includes, and who is required to have an electronic logging device. Also discussed will be the requirements for Commercial Driver’s License (CDL), as well as what the AHC is doing to mitigate the effects of the proposed changes on the equine industry.
Both AHC members and non-members are encouraged to attend the webinar. The webinar will also be recorded and posted on the AHC website for those that could not attend. Please register online here, and you will receive an email with login instructions two days before the webinar date.
Partisan Gridlock Initiates Federal Government Shut-Down
With Congress gridlocked on an agreement to adopt a Continuing Resolution (CR) to fund the federal government into February, the following are some real world consequences that could impact AHC members. In the unlikely event that the government faces an extended suspension of “non-critical” operations, AHC will inform you about other specific consequences arising from the funding impasse.
National Park Service – With the temporary suspension of federal government operations, the Department of Interior may close the National Park Service (NPS). During the last government shutdown in 2013, the NPS marked as closed, or gated, all roads accessing national parks. The NPS also closed all visitor and information centers. Similar measures during the current shutdown would hinder hikers and horseback riders from gaining access to nearly 60,000 miles of trails under NPS jurisdiction. AHC recommends that members research the status of specific parks prior to planning a visit.
National Forest Service, Possible Flexibility – According to a 2017 “shut down” contingency plan from the Department of Agriculture (USDA), any activity already certified by a permit could move forward in the event of a shutdown, so long as NFS personnel aren’t necessary to guarantee the safety of the participants, per the terms of the permit. However, NFS has the discretion to apply these contingencies on a “case-by-case” basis. AHC recommends that members research the status of specific NFS trail closures beforehand.
Animal Plant and Health Inspection Service (APHIS) – According to a USDA memorandum, the White House Office of Management and Budget (OMB) has identified at least some APHIS functions as exempt from a shutdown, based on their role in protecting public health. This includes APHIS’ Safety and Security Unit (SSU), which oversees health, safety, and security issues for employees of the National Centers for Animal Health (NCAH).
Critical Services – As a general rule, federal employees involved in “critical services” will not be subject to a furlough. This group includes air traffic controllers, military personnel, and hazardous waste handlers, among others. Other exempted services include USDA’s inspection and quarantine of animals prior to import or export (see above).
U.S. Mail – Finally, U.S. postal workers are not exempt from a federal funding furlough and will continue to deliver the mail.
Federal officials don’t anticipate an extended shut down of government operations. For details related to the budget impasse and its near-term consequences, please contact Bryan Brendle, Director of Legislative Affairs, at bbrendle@horsecouncil.org.
AHC’s Tax Bulletin is Sponsored by The American Horse Council keeps you up to date with important tax court cases and regulations with its bi-monthly Tax Bulletin. The Tax Bulletin is a member benefit, and thus is not intended for reproduction. For more information on federal legislation, equine health and regulatory issues, taxes, animal welfare, racing, recreation, and showing please visit our website at www.horsecouncil.org .
Horse Industry Faces New Tax Landscape in 2018
Following President Trump’s signing of the new tax law on December 22, federal policy makers began immediately to discuss the likelihood of moving legislation in 2018 to address technical changes and clarifications to the 1100 page law. While AHC takes a deeper dive into the tax law to address in more detail those provisions having a direct impact on the horse industry, please click to lin below to login and view the highlights that will impact your tax filing for Fiscal Year 2018.
Tax Court Rules Owner Did Not Operate Horse Activity as a Business for Profit
By Thomas A. Davis, Esq., Davis & Harman, LLP
Since childhood, the taxpayer has been an amateur horsewoman. In 2005, she started Big Dog Farms (BDF) for the purpose of breeding, selling, and showing horses. Operations at BDF ceased in 2011.
Horse Owners Ability to Utilize a Section 179 Deduction Against Income from Multiple Active Trades or Businesses
By: Joel B. Turner, Esq. and Nelson D. Rhodes IV, Frost Brown Todd, Lexington, KY
While the Internal Revenue Code (“the Code”) allows taxpayers to deduct from taxable income all ordinary and necessary expenses incurred in carrying out an active trade or business, generally, when purchasing tangible business assets with a useful life greater than a taxable year, the asset must be capitalized rather than deducted from business income for the year the property is placed in service. Under the Code, taxpayers are generally allowed to take an annual depreciation deduction for the wear, tear, and deterioration of their capitalized tangible property used in an active trade or business over an applicable recovery period. For race horses, the current applicable recovery period is 3-years from the time the horse is placed in service (i.e., begins training). For broodmares and stallions, the current applicable recovery period is 7-years.
The AHC Tax Bulletin is a digest of current tax developments affecting the horse industry. The AHC Tax Bulletin is for informational purposes only and not intended to take the place of professional tax counsel.
On November 30th , the AHC sent out a Washington Update to our members on our efforts to address the Electronic Logging Device (ELD) Mandate. The AHC, in collaboration with the rest of the animal agriculture community, has requested that the Department of Transportation (DOT) grant a one-year enforcement delay followed by a waiver and limited exemptions from compliance with the December 18, 2017 implementation date for the Final Rule on Electronic Logging Devices (ELDs) and Hours of Service (HOS). Additionally, we requested that the DOT address the significant problems with the mandate that will occur if the compliance deadline is not extended. The welfare, safety, and health of the animals in transit, together with the safety of other drivers on the road, are top priorities for the equine industry and its enthusiasts.
The introduction of the ELD mandate has also brought to light concerns about Commercial Driver’s license (CDL) requirements from the entire equine community. Drivers have been required to have a CDL in order to drive certain commercial motor vehicles (CMV’s) since April 1, 1992. That being said, a truck and trailer can be considered a commercial vehicle without the requirement that you obtain a CDL. The AHC would like to note that the requirements for a CDL or CMV classification have been in effect for quite some time, and are not new developments along with the ELD mandate.
In an effort to help provide some clarity for both our members and the general equine industry, the AHC has put together two brochures: “Electronic Logging Device Mandate: How Will It Affect You?” and “Commercial Driver’s License: How do I Know if I Need One?” Both are available as a .pdf on the AHC’s website here:http://www.horsecouncil.org/eld-mandate-cdl-requirements/
We encourage our members to share this information, and please contact the AHC if you have any additional questions.