Colonial Downs Dates Approved For 2024

The 27-day live racing season at Colonial Downs for 2024 will be held over nine weeks from Thursday, July 11 through Saturday, Sept. 7 as approved by the Virginia Racing Commission, the track said in a release Wednesday.

Like last season, the New Kent site will race three days per week, Thursday through Saturday.

“The success of the 2023 meet, which brought weekend racing back to Colonial Downs, was a credit to the tremendous support here in Virginia from the owners, trainers, horseplayers, hard-working staff and partners,” said Senior Director of Racing Operations Frank Hopf. “We're excited to build upon the momentum and look forward to a tremendous 2024 season.”

The Festival of Racing including the GI Arlington Million S. is slated for Saturday, Aug. 10. The GIII Virginia Derby will anchor the closing day card on Saturday, Sept. 7. The entire stakes schedule for the 2024 season will be made available in the coming weeks.

The 2023 season offered more than $650,000 per day in purses and boasted an average of 8.19 starters per race. Average daily handle was $2,658,028. Purse money for the 2024 season is expected to be nearly $700,000 per day.

The post Colonial Downs Dates Approved For 2024 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Sound Tax Advice From The Green Group As The Wire Approaches

by Len Green, CPA and John Wollenberg, CPA

In Thoroughbred racing, it's not over until the horse crosses the wire. The same is true with maximizing your tax deductions and minimizing your taxes. For those who think it is too late to save on your 2023 taxes, The Green Group is here to tell you, it's not!

With over 40 years of experience and our knowledge of the new tax laws, we are confident the following information will assist as you approach the 2023 home stretch.

Impact of Recent Tax Acts on the Horse Industry

  1. Recent Tax Acts contain favorable developments for depreciating and expensing yearlings, breeding stock, farm equipment and other property.
  2. Bonus Depreciation: Bonus depreciation allows a write-off of up to 80% for 2023 in the first year for yearlings, breeding stock and farm equipment. Used property can now also qualify.  In 2024, the bonus depreciation drops to 60%.
  3. A few weeks still remain for 2023 asset additions with the potential benefit of the 80% write-off.
  4. IRC §179 Deduction: The maximum amount that may be expensed has been increased to $1,160,000. The phase-out threshold has been increased to $2,890,000 million.
  5. Farm Equipment: The useful life of new farm machinery and equipment is five years, while the useful life is seven years when you purchase used equipment.
  6. Racehorses: The pending Racehorse Cost Recovery Act of 2023 would make permanent three-year depreciation. If business equipment (or horses) are purchased before year-end, they may still qualify for tax benefits.

2023 Year-End Tax Planning Strategies

With uncertainty over whether tax law changes will be forthcoming after next year's election, year-end tax planning for 2023 is more important than ever.

Steps Available for Individual Taxpayers

  1. Capital Gains: If you have realized capital gains in 2023, along with unrealized losses, you might want to trigger those losses before year-end to offset your gains, thereby reducing your tax liability. On the flip side, if you have realized losses, consider taking some gains, as the deduction for capital losses is limited to $3,000 in any given year.
  2. Retirement Plan Alerts: Beginning in 2023, the Secure 2.0 Act raised the age that you must begin taking Required Minimum Distributions (RMDs) to age 73. Retirement plan account owners can delay taking their RMDs until the year in which they retire, unless they are a 5% owner of the business sponsoring the plan. There is no longer an age limit on making regular contributions to traditional or Roth IRAs. Contributions to a Keogh Plan or a one-person 401(k) Plan can be significant and save you substantial 2023 tax dollars if set up before December 31, 2023. A SEP-IRA is another flexible alternative. A SEP can be set up before the filing date of your 2023 tax return, yet still provide you with a 2023 deduction.
  3. Avoid the Underpayment of Estimated Tax Penalty: If you have not prepared a 2023 income tax projection, you should have your advisor do so. If your projection shows a balance due, request that a disproportionate amount of withholding be taken from your December paychecks, year-end bonus or retirement plan distribution, rather than paying a comparable significant amount with a fourth quarter estimate tax voucher. This withholding approach is more favorable than writing a check because taxes that are withheld in December are deemed “thrown back” and treated as evenly spread through the calendar year. This enables you to catch up on any shortfall and still avoid a penalty for the first three quarters.
  4. Business Losses: Of great importance, 2023 business losses are capped at $289,000 for single taxpayers and $578,000 for joint returns. Please take these loss limitations into consideration when preparing your 2023 income tax projections. Any losses in excess of these thresholds, become net operating loss carryovers to the following year.
  5. Maximize the Pass-Through Business Income Deduction: This tax saving deduction allows certain taxpayers to deduct 20% of their qualified business income. To maximize the deduction, you should take action steps to qualify for taxable income so it is below this new provision's phase-out thresholds.

Steps Available for Business Taxpayers

  1. Maximize Available Depreciation: Businesses should consider making expenditures that qualify for 80% first year bonus depreciation. Generally, both new and used depreciable assets are eligible. The full first year write-off is allowed even if the asset is purchased late in the year and put into use and even if the deduction gives rise to a taxable loss. Also, make sure you are taking bonus depreciation on all assets that are eligible. Many times assets are missed as to leasehold improvements, or horses purchased in overseas sales or horses put into training but not yet raced. An alternative is IRC §179 depreciation, where for 2023 the expense limit has been raised to $1,160,000 if the investment purchases do not exceed $2,890,000. Keep in mind that IRC §179 expensing cannot give rise to a loss.
  2. Qualified Business Income Deduction (QBID): Certain business owners may be entitled to a deduction of up to 20% of their qualified business income. You should take whatever steps are possible to keep your taxable income below that phase-out threshold. The rules are complex, so contact your tax advisor so they can help you maximize the use of the QBID.
  3. Active Business Requirements: Operate your horse activities in a business-like manner. We go so far as to recommend that you form a Limited Liability Company (LLC) before year-end and definitely have a separate checkbook. Keep a record of your horse business activities. Consult with someone knowledgeable in the horse business to ascertain if you meet some of the nine tests to “qualify” as “active” and, therefore, put yourself in the position to take “full advantage” of any tax losses you may incur.
  4. State Pass-Thru Entity Tax (PTET): The $10,000 limit on deduction of state income and local real estate taxes, commonly referred to as the SALT Cap, has prompted most states to allow pass-thru entities, such as partnerships and S corporations, to pay tax at the entity level. Although the rules are different in each state, the pass-thru entity generally receives a deduction and, as a result, passes less income to the partner or S corporation shareholder, thereby providing a “workaround” to the harsh SALT Cap.

Steps Available for Estate Planning
Estates of decedents who die during 2024 will have a basic exclusion amount of $13,610,000, increased from $12,920,000 for estate of decedents who died in 2023. Unless Congress takes action, this exclusion is set to go back to approximately $6,000,000 in 2026, at which point your ability to lessen estate taxes will be significantly reduced. We can help you plan for this change.

One Final Note
The IRS is examining a greater percentage of taxpayers whose businesses are reflecting losses.

Proper tax planning, strategy and utilization of professionals who know the horse industry are great tools to withstand any IRS scrutiny.

The Green Group welcomes the opportunity to discuss your 2023 year-end tax savings strategies with you by phone at (732) 634-5100 and ask for Len Green, CPA or John Wollenberg, CPA.

The post Sound Tax Advice From The Green Group As The Wire Approaches appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Weekly Stewards And Commissions Rulings, Nov. 28-Dec. 4

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last seven days, the prohibition of intra-articular injections within seven days of a timed or reported workout once again stands out as a thorn in the side of trainers.

Three such cases have been resolved in the past week, resulting in $3,000 fines meted out in each case.

The Horseracing Integrity and Welfare Unit (HIWU) also handed down a seven-day suspension and $1,000 fine to trainer Norman Follett, for a post-race Lidocaine positive following a September runner at Belmont at the Big A. Lidocaine is a pain reliever used ubiquitously in human medicine.

The details of the ruling are not yet publicly available. But Equibase shows Follett to run a small New York-based stable. This year, he has made only 39 starts and had one winner.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the HIWU's “pending” and “resolved” cases portals.

Resolved ADMC Violations
Date: 11/4/2023
Licensee: Gustavo Amaya, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Sandpiper Memories. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/26/2023
Licensee: Wendell McDaniel, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Big Difference. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/25/2023
Licensee: Peter Miller, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Thirsty John. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/24/2023
Licensee: Jamie Ness, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dust Devil. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/14/2023
Licensee: Ronnie Cravens, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Saturday's Gold, who won at Remington Park Oct. 14, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/11/2023
Licensee: Darlene Green, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a written reprimand (per 9/26/23 HISA Guidance). Final decision by HIWU.
Explainer: For the presence of Omeprazole—Controlled Medication (Class C)—in a sample taken from Highcotton Justice, who finished second at Horseshoe Indianapolis Oct. 11, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 9/22/2023
Licensee: Norman Follett, trainer
Penalty: 7-day period of Ineligibility, beginning on Dec. 5, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Admission.
Explainer: For the presence of Lidocaine—Controlled Medication (Class B)—in a sample taken from Racing Colors, who finished second at Belmont at the Big A Sept. 22, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations
Date: 11/01/2023
Licensee: Steve Krebs, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Guaifenesin—Controlled Medication (Class C)—in a sample taken from Burn The Evidence, who won at Parx Racing Nov. 1, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/31/2023
Licensee: Ortis Henry, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Glycopyrrolate—Controlled Medication (Class C)—in a sample taken from Empress Palpatine, who finished second at Finger Lakes Oct. 31, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/28/2023
Licensee: Tony Lello, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Reel Em In. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.

Del Mar
Armando Aguilar – violation date Dec. 1; $250 fine, one-day suspension
Tyler Gaffalione – violation date Dec. 2; $277 fine, one-day suspension

Remington Park
Jermaine Valentino Bridgmohan – violation date Nov. 29; $250 fine, one-day suspension

OTHER KEY RULINGS
The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California
Track: Del Mar
Date: 12/03/2023
Licensee: Keron Thomas, owner
Penalty: Suspension
Violation: Failure to comply with financial responsibility agreement
Explainer: Owner Keron Thomas is suspended after failing to comply to the terms agreed to in the hearing for violation of California Horse Racing Board rule #1876 (Financial Responsibility – Sunshine Farms [Boarding cost] $5,170.97). Suspension to commence Dec. 16, 2023.

Track: Del Mar
Date: 12/03/2023
Licensee: Antonio Fresu, jockey
Penalty: One-day suspension
Violation: Competing in one more designated race than permitted
Explainer: Jockey Antonio Fresu is suspended for 1 additional racing day (Dec. 10, 2023) pursuant to California Horse Racing Board rule #1766 (f) (Designated Races – participated in more than one designated race on Dec. 3, 2023).

New York
Track: Aqueduct
Date: 11/30/2023
Licensee: Jose Antonio Gomez, jockey
Penalty: Five-day suspension
Violation: Careless riding
Explainer: Having waived his right to an appeal Jockey Mr. Jose Antonio Gomez is hereby suspended five NYRA racing days. Effective Dec. 7-10, 2023, and Dec. 14, 2023, inclusive. This for careless riding during the running of the 7th race at Aqueduct Racetrack Nov. 25, 2023.

The post Weekly Stewards And Commissions Rulings, Nov. 28-Dec. 4 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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What Was Your Favorite Moment of 2023: Chase Chamberlin

As 2023 draws to a close, the TDN is asking industry members to name their favorite moment of the year. Send yours to suefinley@thetdn.com

“What was my favorite moment of 2023? I'm sure most people would be hard pressed to decide if it was getting engaged or winning the Kentucky Derby. Thankfully I got to experience every moment of the Kentucky Derby with the woman of my dreams AND 382 of my friends. It's a day we'll never forget and for that I'm forever grateful.”

–Chase Chamberlin, Co-Founder & Head of Racing at CMNWLTH, part of ownership group including OGMA Investments, Sterling Racing and Ramiro Restrepo of Mage (Good Magic).

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