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Tax Considerations IRS tax considerations are an often overlooked and quite frankly, not very interesting or fun part of horse ownership. Your horse ownership must be considered a business and not a hobby in order for it to qualify for tax deductions accorded a business. RULE NUMBER ONE: Vigilant bookkeeping. In the computer age this can be assisted by using one of the popular accounting programs such as Quicken. Having a separate checking account is also imperative. You must also be "active" in your business for it to not be considered a hobby. The IRS defines "active" as showing that you (or you and your spouse) have spent 500 hours or more per year involved in your horse racing enterprise. This "activity" can be, but is not limited to:
It
is advised to keep a business diary of these activities for each
year. The diary should be used to jot down your horse activities
such as those described above. Additionally it may be used to
record deductible expenses such as amounts spent on programs at
the races, relevant phone calls, meals purchased for your
advisors, travel (vehicle mileage and/or cost of airfare) to and
from the track, farms, sales, etc. Get receipts for cash purchases
if possible but perhaps the easiest way to keep track of all the
miscellaneous expenses is a credit card used just for your horse
business with the bill paid from your equine checking account.
You
also need to plan your purchases, sales, and other details so that
your horse business can fit into the "two out of seven
years" rule for showing a profit. The very real problem is
that owners, even when trying by every means they can, may not be
able to show a net income in 1, let alone 2 out of 7 years,
especially if the years in question are their first 7 years. This
makes maintaining your IRS status as a business more
difficult--but certainly not impossible. In simple terms, there
will be a heavy burden of proof on you to show that your actions
and expenditures are founded in a "good-faith" profit
motive.
For more details on these rules read two articles written by Equine Tax Specialist Patrick J. Hurley. As mentioned above, the best "answer" to this daunting checklist is emphatically, recording keeping, record keeping, record keeping. A written business plan can also be an asset. Patrick J. Hurley has also written an in-depth article on record keeping. For other tax articles visit Mr. Hurley's website at www.equinetax.com.
The American
Horse Council offers publications that explain the tax law and
the benefits of consulting with a professional tax accountant that
specializes in the Thoroughbred industry. These also are advisable
reading. |
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