SAMPLE DRAFT LETTER

January XX, 2008

The Honorable XXXXX

United States Senate

Washington, DC 20510

Dear Senator:

OR

The Honorable XXXXX

U. S. House of Representatives

Washington, DC 20515

Dear Representative:

The conference between the House and Senate regarding the Farm Bill will convene shortly.  The [organization, farm or individual] asks you to support the inclusion of several provisions that are in the Senate version of the Farm Bill and provide parity to horse owners in the final bill to be considered by Congress.

These include:

  • Section 5404 of Subtitle E of Title V, which would make horse breeders eligible for emergency federal loans following a disaster just like other livestock producers.  Horse breeders suffer losses caused by hurricanes, drought, ice, floods and other natural disasters just like other livestock producers do.  This provision would end the disparate treatment of horse breeders by making them eligible for emergency loans under the same conditions and limits as other livestock producers. 

 

  • Section 901(a)(8)(F) of Section 12101, Subtitle A of Title XII, which would specifically include ¡°horses¡± within the definition of livestock eligible for emergency funds from the Agricultural Disaster Relief Trust Fund.

 

  • Section 12509 of Subtitle E, Part I of Title XII, which would: (1) place all racehorses in the three-year category for depreciation purposes; and (2) shorten the capital gains holding period for horses from 24 months to 12 months.   This change would end the disparate treatment of the horse industry versus other businesses under the federal tax code.

 

A fuller explanation is attached.  These provisions are supported by all aspects of the horse industry and will end the disparate treatment of horses and horse breeders and ranchers versus other livestock producers.

The [organization, farm or individual] includes XXXX members who are involved in the agri-business of breeding and raising horses.  The U.S. horse industry has a total economic impact of $102 billion on the U.S. economy, supports 1.4 million jobs, pays $2 billion in taxes and includes 4.7 million Americans.  [Include any economic information that you have, such as workers employed, salaries, the economic effects, etc. in your state or by yourself.  Explain your operation and any related figures.] 

As you consider the final version of the Farm Bill, please support the inclusion of the Senate provisions noted above in the Conference Report. 

                                                                        Sincerely, 


Senate Farm Bill Provisions Beneficial to Horses

The Food and Energy Security Act of 2007 (H.R. 2419) passed by the Senate on December 14, 2007 includes several provisions that would benefit the horse industry.

Section 5404.  Making Equine Farmers and Ranchers Eligible for Emergency Loans

This provision would make horse breeders eligible for emergency federal loans following a disaster by including ¡°equine farmers and ranchers¡± within the class of eligible producers.  Horse breeders and horses have not been eligible in the past for these loans, which have been available to other livestock producers for some time.  But horse breeders suffer losses caused by hurricanes, drought, ice, floods and other natural disasters just like other livestock producers do.  This provision would end the disparate treatment of horse breeders by making them eligible for emergency loans under the same conditions and limits as other livestock producers. 

Senate Bill:

Title V - Subtitle E

Section 5404. Eligibility of Equine Farmers and Ranchers for Emergency Loans.  [Page 780]

Section 901(a)(8)(F).  Inclusion of Horses within Livestock for Permanent Disaster Assistance Program

The Senate Farm Bill initiates a permanent Agricultural Disaster Relief Trust Fund that would provide relief funds to farmers and ranchers who suffer losses in areas that are declared disaster areas by USDA.  Section 901(a)(8)(F) of Section 12101 specifically includes ¡°horses¡± within the definition of livestock eligible for the program.

Senate Bill:

Title XII ¨C Section 12001 - Subtitle A ¨CSection 12101 

Section 901(a)(8)(F) defines eligible livestock to include ¡°horses.¡±  [Page 1589]

Section 12509.  Asset Treatment of Horses

This provision would: (1) place all racehorses in the three-year category for depreciation purposes; and (2) shorten the capital gains holding period for horses from 24 months to 12 months.   This change would end the disparate treatment of the horse industry versus other businesses under the federal tax code. 

Senate Bill:

Title XII ¨C Part I of Subtitle E

Section 12509 provides for the asset treatment of horses.  [Page 1793]

Background

Federal Emergency Assistance Programs.  The horse industry is hurt by floods, droughts, fire, ice storms and hurricanes just like other industries that produce livestock and crops.  If a breeding farm or ranch loses horses because of floods, tornadoes or other natural disasters, it has lost its ¡°crop¡± and has nothing to sell.  When grazing lands are lost because of flood or drought, and feed and hay must be purchased for horses, a breeder might have to sell his horses at distressed prices because he/she could no longer afford to provide for them. 

While other livestock producers are eligible for low-interest loans and other federal assistance following a disaster, horse breeders are not. The changes in the Senate Farm bill would provide federal emergency assistance to horse breeders similar to that available to other livestock producers now.  These changes would help them to keep their breeding operations rather than selling them or cutting back on them. 

These amendments would treat horse breeders and ranchers like other livestock breeders; no better, but no worse.

Tax Changes.  Under the federal tax code, gains from sales of property used in a trade or business, including horses, qualify for long-term capital gains. Unfortunately, horses held for breeding, racing, showing or draft purposes generally qualify for the 15% capital gains rate only if they are held for 24 months.  All other business assets qualify if held for 12 months.  Passage of this provision would end this discriminatory treatment of horses under the tax code.

Race horses are depreciated over either three or seven years, depending on their age when ¡°placed in service.¡±  Current law provides that racehorses that begin training at the end of their yearling year are depreciated over seven-years, even though most will not actually race for seven years.  This provision recognizes the unreality of this requirement by changing the tax code to allow owners to depreciate all their race horses over three years, rather than seven, regardless of when they are placed in service.  The change would provide for a more equitable depreciation schedule for race horses, one that better matches the realities of the situation. 

U.S. Horse Industry

The horse industry has a $102 billion economic impact on the U.S. economy, supports 1.4 million full-time jobs and involves 4 million people in all its segments.  All of this relies on the agri-business of breeding and raising horses. 

The industry has been working to make horses eligible for federal emergency programs under the same circumstances, limits and requirements that producers of other livestock must satisfy.  Such federal treatment under disaster situations would finally rectify the unfair situation facing horse owners and breeders, as would changes to the tax code.

House-Senate Conference ¨C Support Senate Provisions

The House passed its version of the Farm Bill last summer.  The House bill does not include the provisions described above applicable to horse owners. 

As Congress considers the Farm Bill, please support the inclusion of the Senate Farm Bill provisions noted above in the Conference Report.


House Agriculture Committee


Democrats


Collin C. Peterson, MN,
Chairman

Tim Holden, PA, Vice Chairman

Mike McIntyre, NC

Bob Etheridge, NC

Leonard L. Boswell, IA

Joe Baca, CA

Dennis A. Cardoza, CA

David Scott, GA

Jim Marshall, GA

Stephanie Herseth Sandlin , SD

Henry Cuellar, TX

Jim Costa, CA

John T. Salazar, CO

Brad Ellsworth, IN

Nancy E. Boyda, KS

Zachary T. Space, OH

Timothy J. Walz, MN

Kirsten E. Gillibrand, NY

Steve Kagen, WI

Earl Pomeroy, ND

Lincoln Davis, TN

John Barrow, GA

Tim Maloney, FL

Joe Donnelly, IN

Nick Lampson, TX

Republicans


Bob Goodlatte, VA,
Ranking Minority Member

Terry Everett, AL

Frank D. Lucas, OK

Jerry Moran, KS

Robin Hayes, NC

Timothy V. Johnson, IL

Sam Graves, MO

Jo Bonner, AL

Mike Rogers, AL

Steve King, IA

Marilyn N. Musgrave, CO

Randy Neugebauer, TX

Charles W. Boustany, Jr., LA

John R. "Randy" Kuhl, NY

Virginia Foxx, NC

K. Michael Conaway, TX

Jeff Fortenberry, NE

Jean Schmidt, OH

Adrian Smith, NE

Tim Walberg, MI

Robert E. Latta, OH

Senate Agriculture Committee

Democrats

Tom Harkin, IA

Chairman

Pat Leahy, VT

Kent Conrad, ND

Max Baucus MT

Blanche Lincoln, AR

Debbie Stabenow, MI

Ben Nelson, NE

Ken Salazar, CO

Sherrod Brown, OH

Robert Casey, PA

Amy Klobuchar, MN

Republicans

Saxby Chambliss, GA

Ranking Member

Richard Lugar, IN

Thad Cochran, MS

Mitch McConnell, KY

Pat Roberts, KS

Lindsey Graham, SC

Norm Coleman, MN

Mike Crapo, ID

John Thune, SD

Charles Grassley, IA