✨ Thoroughbred Racing Rule Amendments
17 MAY 2013 NEW ZEALAND GAZETTE, No. 58 1705
Prior to implementing these changes, the previous NZTR board prudently sought a binding ruling from Inland Revenue confirming the GST consequences of the proposed changes – being Clubs could recover all GST added to trainer and rider payments, irrespective of whether the Owner of the stake winning horse is GST registered. Unfortunately, Inland Revenue has adopted a contrary position. NZTR remains committed to proceeding with these rule changes and to operating in accordance with the law and the Rules of Racing. NZTR has now agreed with Inland Revenue this matter should be resolved by a court.
However, a practical difficulty is that the Rules of Racing need to be changed before the matter can be resolved by the court. This would place Racing Clubs in a position of uncertainty in relation to how their GST returns should be filed during the period commencing from the date of the rule change until a court determination is received – which is likely to be over a year.
Rule 208(a)
208 Stipendiary Stewards and Investigators have the power:
(a) to require from the person in whose name such horse is entered and/or the Trainer, if the Trainer entered the horse in a Race, proof:
(i) of his[the horse’s] ownership or other interest entitling him[that person] to enter such horse for the Race;
(ii) that such horse is not wholly or in part owned by a person whose ownership of such horse would make it ineligible to start in such Race; and
(iii) that such horse is not otherwise ineligible to start in such Race;
...
Rule 326
326 (1) Within seven days after any horse is taken or comes into the charge of a Trainer for the purpose of being trained the Trainer shall complete and forward to NZTR the form prescribed for that purpose by NZTR and in completing that form the Trainer must ensure that he has correctly identified the horse.
(2) Every Trainer shall, within seven days after a horse trained by him:
(a) ceases to be in his charge or under his supervision for the purpose of being trained; or
(b) commences to spell, if that Trainer is a holder of a Class B trainer’s licence, notify NZTR in writing of that fact.
(3) NZTR may, on reasonable grounds, require a Trainer to cease to train, Race or trial any horse specified by NZTR and he shall not thereafter train, Race or trial that horse until he is advised by NZTR that he may again do so.
(4) The Owner or lessee (as the case may be) shall pay to his Trainer, in respect of each horse trained for him, 10% on the gross stakes (exclusive of trophies, prizes and the value of any awards or rights) credited to the horse while trained by such Trainer and any goods and services tax applicable thereto.
(45) The sum payable (if any) by the Owner or lessee (as the case may be) to a Trainer pursuant to sub Rule (4) of this Rule shall be deducted from the stake otherwise payable to the Owner or lessee (as the case may be) by NZTR, on behalf of a Club, at the Race Meeting at which the stake was credited and is payable by NZTR, on behalf of a Club, to such Trainer. Subject to Rule 505A, NZTR, on behalf of a Club, shall pay to a
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NZ Gazette 2013, No 58
✨ LLM interpretation of page content
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Amendments to the Rules of Thoroughbred Racing
(continued from previous page)
🏭 Trade, Customs & IndustryThoroughbred Racing, Racing Act 2003, Rule Amendment, GST, Inland Revenue, Court Determination