The horse industry is not standard in its
marketing of animals. Horses are not generally sold in quantities like
other animals. Individual sales are the norm and factors related to
subjective characteristics of the horse greatly affect pricing.
Expenses related to horse breeder operations will
include purchases of animals, veterinary fees to keep the animals in the
best health condition, facilities for boarding, feeding, and training, fees
for breeding services (either stud or artificial insemination), insurance
coverage of the animals to compensate for losses due to injury or accident,
advertising and promotion, and specialized feed materials.
Events, shows and races,
involving the animals will require entry fees which are deducted as current
expenses. A certain type of race, known as a "futurity", involves periodic
payments of entry fees toward a future event. These payments should be
deducted currently even though the animal may be unable to participate for
any number of reasons.
Race horses have been subject to "syndication," the partitioning of
ownership among, typically, up to 40 shareholders. The syndicated shares
often contain breeding rights for the owners in addition to rights to
profits. NOTE: See Internal Revenue Code (IRC) section 464 for the technical definition and application
of rules for farming "syndicates."
IRC Section 1231
Transfer of an interest percentage in an animal
in exchange for training or other services is considered a sale or exchange
which results in the recognition of gain or loss for the fair market value
of the interest transferred compared to the basis of the animal. See F.C.
McDougal et al. (1974) 62 TC 720 for the related court decision.
Treas. Reg. section 1.1231-2(c)(1) provides that, whether a horse is held
for racing purposes shall be determined in accordance with the following
rules:
A horse which has actually been raced at a public race track shall,
except in rare and unusual circumstances, be considered as held for racing
purposes.
A horse which has not been raced at a public track shall be considered as
held for racing purposes if it has been trained to race and other facts and
circumstances in the particular case also indicate that the horse was held
for this purpose.
A horse which has neither been raced at a public track nor trained for
racing shall not, except in rare and unusual circumstances, be considered
as held for racing purposes.
IRC Section 61
Animals not fitting the requirements of the operation will be culled and
sold. These sales may be through auctions or sale barns, but may be
directly to buyers. Documentation may be less detailed on these sales than
sales of high quality animals. Syndication sales will normally involve
significant amounts to be recognized. Stud services will be a recurring
source of income in many instances.
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IRC Section 168
Certain horses are 3-year
property, including, IRC section 168(e)(3)(A)
any race horse which is more than 2 years old at the time it is placed in
service,
any horse other than a race horse which is more than 12 years old at the
time it is place in service.
Any other horse which qualifies for depreciation will be 7-year property.
Within the horse industry, a horse is considered to have been born on
January 1 of the year of birth for designation as a 1-year old, 2-year old,
etc.
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Most
horse operations will be breeding race, show, work or special purpose horses.
Training operations
will take in horses and provide feed, boarding, and training appropriate to
the purpose of the horse.

A
boarding facility will normally provide
only feed, board, and general care.

Breeding work horses
will entail many of the same aspects of other breeding operations without the
high level of appearance.

Special purpose horses
would include those trained for rodeo, riding, hackney, or other such uses.

Race and show horses
will likely be 100-percent registered purebreds with detailed tracking
information available in the taxpayer's records and through the breed
associations.

Geldings cannot be placed in service in a breeding
operation except in working or "teasing" applications. Stud services are
a common source of income for owners of recognized successful animals.
 Weaning
foals takes place from 4 to 6 months of age. Colts, as young as 12-months,
can impregnate mares.

IRC = Internal Revenue Code |