Rentals, Tax Consequences, and the World Equestrian Games

By Stephen Frazier, Staff Member

In 2004, Governor Ernie Fletcher submitted a bid to host the 2010 World Equestrian Games. The two-week event is expected to bring approximately 250,000 international athletes and tourist to Kentucky. Staff Writer,

Kentucky To Bid For 2010 World Equestrian Games

, July 8, 2004,

available at

http://www.alltechfeigames.com/news/detail.aspx? id=1116. Experts estimate that the games will have a $90 million economic impact on the state of Kentucky.

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One method that citizens of Kentucky are cashing in on the arrival of the World Equestrian Games is by renting their residence during the weeks before, during, and after the games. Depending on the size of the house and location, homes are generating rental income ranging from a couple hundred dollars a night, up to $30,000 for the full duration of the event.

See generally

World Equestrian Game Housing, http://www.2010weghomes.com/ (last visited Sept. 25, 2010). This seems to be a great method for Kentucky residents to generate additional income; however, homeowners need to be aware of a possible issue with huge tax consequences.

Section 61 of the Federal Taxation Statutes states that “gross income means all income from whatever source derived,” including rents. I.R.S. §61 (West 2008). However, Section 280A of the Federal Taxation Statutes provides a tax loophole of which homeowners must be aware. Section 280A(g) states if a taxpayer uses a dwelling as a residence and the unit is rented for less than 15 days during a taxable year, then the income generated from such use shall not be included in gross income under section 61. I.R.S. §280A (West 2008). The World Equestrian Games start on September 25 and end on October 10. Since the World Games occur for a period of sixteen days, homeowners cannot rent their residence for the entire duration of the event and receive the benefit of section 280A.

Over the next month, citizens of Kentucky will have the opportunity to make thousands of dollars by vacating their homes and renting them to tourists. The World Equestrian Games provide an opportunity for homeowners to generate funds to pay off their mortgage and cover living expenses. However, if homeowners are not aware of section 280A, the World Equestrian Games could result in taxpayers having an increased taxable income and large tax due come April 15th.

Out-of-Competition Drug Testing in Time for Breeders' Cup

By: Laurel Benson, Staff Member

Following recent pushes for more stringent drug testing policies, the Kentucky Horse Racing Commission (“KHRC”) has approved an emergency regulation regarding out-of-competition drug testing for horses. Will Graves,

Kentucky approves random drug testing

, Lexington Herald-Leader, Sept. 7, 2010,

available at

http://www.kentucky.com/2010/09/07/1424227/kentucky-approves-out-of-competition.html. The urgency for such a rule arose when Churchill Downs signed the agreement, which requires more stringent testing, with Breeders’ Cup for the 2010 championship, which will be held at Churchill Downs November 5-6 of this year. Tom LaMarra,

Kentucky Drug-Test Upgrade Needed for BC

, Aug. 11, 2010, http://www.bloodhorse.com/horse-racing/articles/58327/kentucky-drug-test-upgrade-needed-for-bc. Breeders’ Cup has used out-of-competition testing for the last three years, in both California and New Jersey.

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While Churchill Downs could have enacted a house rule, the KHRC wanted a more permanent rule, and with the Breeders’ Cup quickly approaching, the need arose for emergency regulation, which goes into effect almost immediately.

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The new regulations themselves are fairly stringent. The policy will allow the KHRC to test any horse eligible to race in Kentucky regardless of their location at any time for illegal blood-doping agents, growth hormones, and nerve-blocking venoms. Janet Patton,

Proposed equine drug-testing rule questioned

, Lexington Herald-Leader, Aug. 26, 2010,

available at

http://www.kentucky.com/2010/08/26/1406726/proposed-blood-doping-rule-questioned.html. This policy adds to current race-day testing, and is deemed to be necessary because while blood-doping agents are only detectable for a short period of time after being administered, the effects of such agents linger for weeks.

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The new policy grants no more than six hours after notification for an owner or trainer to make a horse available for testing. Graves,

supra.

Refusal to submit to testing in that time makes the horse ineligible to race in Kentucky for six months, and a positive test for some of the drugs would impose a minimum five-year suspension and up to $50,000 in fines on the owner or trainer.

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A second violation will result in a lifetime ban for that handler.

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The regulation will go into effect once signed by Kentucky Governor Steve Beshear and filed with the Legislative Research Commission.

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The filing should occur in plenty of time for the Breeders' Cup, but only time will tell how easily enforced these new regulations will be.