Omnibus Legislation Will Allow Current H-2B Visa Provisions To Continue

A series of current H-2B visa program provisions are set to continue as part of omnibus legislation passed Monday by Congress.

  • H-2B visa program policies set to continue include:
  • Authority for the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), to increase the H-2B cap for fiscal year 2021 by up to approximately 69,000 visas if it determines that the needs of seasonal businesses cannot be met with U.S. workers;
  • Continuation of the use of private wage surveys for prevailing wage determinations;
  • A prohibition against DOL enforcing the corresponding employment and three-quarters guarantee provisions of its H-2B regulations relating to total work hours; and
  • Provisions extending the maximum employment season for up to 10 months, as opposed the nine-months in current DOL regulations.

The H-2B visa guest worker program is a nonimmigrant visa program used by many industries that need temporary non-agricultural help when domestic workers are unavailable. For the horse racing industry, racehorse trainers rely heavily on the H-2B program to fill various backside positions. Demand for H-2B visas often exceeds their availability and the cap level is quickly reached, leaving employers without sufficient help.

The NTRA, through its involvement with the H-2B Workforce Coalition, supports efforts for comprehensive reform of the guest worker visa program.

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Omnibus Legislation Includes Key Tax Provisions, COVID Relief For Thoroughbred Industry

Both the U.S. House of Representatives and U.S. Senate on Monday passed legislation that contains key tax reform and COVID-19 relief provisions beneficial to the horse breeding and racing industry.

A $1.4 trillion omnibus package that includes funding for the federal government's current fiscal year included the Horseracing Integrity and Safety Act (HISA), historic legislation that will establish national standards to promote fairness, increase safety in Thoroughbred racing.

“We thank Senate Majority Leader Mitch McConnell for his pivotal role in the passage of the Horseracing Integrity and Safety Act (HISA) by the U.S. Senate,” said Alex Waldrop, President and Chief Executive Officer of the National Thoroughbred Racing Association (NTRA). “We also applaud Senators Kirsten Gillibrand (D-NY) and Dianne Feinstein (D-CA) and Congressmen Andy Barr (R-KY) and Paul Tonko (D-NY) and other allies in Congress whose support helped make this watershed moment possible. We look forward to President Trump signing the HISA into law and by doing so, commencing the establishment of an independent and well-informed central authority that will ensure the integrity of our sport and the safety of our human and equine athletes nationwide.”

A key provision that extends three-year tax depreciation for all racehorses through 2021 also was part of the omnibus package. Uniform three-year racehorse depreciation was among numerous tax provisions across many industries that were set to expire at the end of 2020. The provision extends the three-year depreciation schedule for all racehorses through 2021 and allows taxpayers to depreciate, on a three-year schedule, racehorses less than 24 months of age when purchased and placed into service. In the past, racehorses of this age were depreciated on a seven-year schedule. The accelerated schedule better reflects the length of a typical racehorse's career and is more equitable for owners. Maintaining the three-year recovery period for racehorse purchases has been a top legislative priority for the NTRA federal legislative team since the provision's initial enactment as part of the 2008 Farm Bill.

A $900 billion COVID-19 relief package included several positive provisions relative to horse breeding and racing. Eligible racetracks and farms would again be allowed to participate in this second round of the Paycheck Protection Program (PPP) as they were in the first round after the NTRA helped secure favorable guidance from the Small Business Administration (SBA). The new provisions include:

  • Expanded PPP loan terms that include new eligibility for horse and farm owners without employees operating as sole proprietors or via single member LLCs
  • New PPP eligibility for qualifying 501(c)(6) organizations with less than 300 employees;
  • Additional eligible expenses that now also include software, human resources, accounting, and personal protective equipment for those who have not yet had PPP loans forgiven;
  • A second draw PPP loan of up to $2 million that now is available for qualifying businesses with at least a 25% reduction in gross receipts;
  • Extension of employer tax credits for paid sick and family leave and employee retention into 2021; and
  • Full deductibility of meals from restaurants during 2021 and 2022.

“The relief package has some helpful provisions for industry participants, especially with regards to the enhanced PPP loan program, and the three-year tax depreciation for yearlings,” said Jen Shah, Tax Director at Lexington, Ky.,-based Dean Dorton. “This new relief plus the current 100% bonus depreciation available on qualifying purchases continue to provide meaningful tax deductions for horse and farm owners.”

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NTRA Eclipse 50 Contest: Fan Vote To Decide Best Champions Of Past 50 Years

The NTRA today announced that voting is underway at www.NTRA.com in the NTRA Eclipse 50 Contest which asks fans to select their top 10 favorite Eclipse Awards champions, along with their favorite champion jockey and trainer, from the past 50 years.

One contest participant will be selected to win a trip for two to Lexington, Ky., and spend a day at the races at Keeneland Race Course, tour the Four Roses Bourbon Distillery and visit historic Spendthrift Farm, one of the world's most prestigious Thoroughbred stallion farms.

The Eclipse 50 ballot consists of 10 horses, one jockey and one trainer from each of the past five decades selected by a panel consisting of media, racing historians and others. The complete list of the Eclipse 50 champion horses and individuals can be accessed at the following link: https://www.ntra.com/wp-content/uploads/NTRA-Eclipse-50-Horses_Individuals.pdf.

Fans may enter the Eclipse 50 Contest one time per valid name, e-mail address and phone number at https://www.ntra.com/fanvote/. Eclipse 50 voting will conclude on Monday, Jan. 25. The winning entry along with the all-time top 10 equine champions, jockey and trainer will be announced on Jan. 28 on the Eclipse Awards virtual broadcast on TVG, Racetrack Television Network and other outlets.

Each day throughout the promotional period the NTRA will release video vignettes of different Champions selected to be among the Eclipse 50 greats. Click on the following links to view the first two vignettes in the series to be released: https://www.ntra.com/eclipse50-horse1/ and https://www.ntra.com/eclipse50-horse2/.

Individuals participating on the panel that selected the Eclipse 50 and Champion trainers and jockeys were: Edward L. Bowen, Charlsie Cantey, Adam Coglianese, Irwin Cohen, Steven Crist, Dora Delgado, Tom Durkin, Bob Ehalt, Bill Finley, Tracy Gantz, Jim Gluckson, Amy Gregory, Tom Hammond, Evan Hammonds, Gregory Harbut, Steve Haskin, Charles Hayward, Jay Hovdey, Alicia Hughes, Dave Johnson, Jonathon Kinchen, Cate Masterson, Tom Law, Tim Layden, Amy Owens, Ray Paulick, Tom Pedulla, Mike Penna, Jay Privman, William (Billy) Reed, Jennie Rees, Ramiro Restrepo, Tom Robbins, Peter Rotondo, Andy Serling, Ellis Starr, Todd Schrupp, Mary Simon, Lynne Snierson, Denise Steffanus, Sonny Taylor, and Jon White.

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50th Annual Eclipse Awards Ceremony To Be Held Virtually On Jan. 28

The National Thoroughbred Racing Association (NTRA), Daily Racing Form (DRF) and the National Turf Writers and Broadcasters (NTWAB) today announced that the 50TH annual Eclipse Awards ceremony, honoring Thoroughbred racing's champions of 2020, will be held on Thursday, Jan. 28, 2021 as a virtual event, with portions hosted from historic Spendthrift Farm in Lexington.

Winners in 17 human and equine categories will be announced in a virtual ceremony streamed live on multiple outlets, including TVG and Racetrack Television Network, beginning at 7:30 p.m. ET. on Jan. 28.

The finalists for the 2020 Eclipse Awards will be announced on Saturday, Jan. 16, 2021.

“Aligning the 50th Eclipse Awards with a historic property like Spendthrift Farm, serving as the backdrop for the broadcast, is a natural,” said Keith Chamblin, NTRA Chief Operating Officer. “Earlier this summer when it became clear that the 2020 Eclipse Awards ceremony would need to be a virtual event, we began discussions with Spendthrift about hosting portions of the event. Not only is Spendthrift one of the leading stallion farms in the world, steeped in a great tradition of champions, under the leadership of B. Wayne Hughes it has led the way in introducing innovations to the industry like Safe Bet, Share the Upside and MyRaceHorse.com.”

The Eclipse Awards are named after the great 18th-century racehorse and foundation sire Eclipse, who began racing at age five and was undefeated in 18 starts, including eight walkovers. Eclipse sired the winners of 344 races, including three Epsom Derbies. Eclipse Awards are voted on by representatives of the NTRA, Daily Racing Form, and NTWAB.

In addition to Spendthrift Farm, Eclipse Awards sponsors include Keeneland, Roberts Communications, Four Roses Bourbon, Daily Racing Form, Breeders' Cup, FanDuel, The Stronach Group, TVG, Dean Dorton, Jackson Family Wines, Rood & Riddle Equine Hospital, and Hallway Feeds.

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