| 5. Definition. For the purposes of this section, |
"improvements" means the amount paid out for new buildings or for |
permanent improvements made to improve the facilities utilized by |
the licensee for conducting its racing meetings; or the amount |
expended in restoring property or in improving the facility or |
any part of the facility that results in the addition, |
replacement or substantial enhancement or restoration of a fixed |
asset or of a movable asset that is important to efficient |
operation of the racing meetings. In general, the amounts |
referred to as improvements include amounts paid that add to the |
value, improve or substantially prolong the useful life of the |
racetrack and moveable assets utilized by the licensee for |
conducting its racing meetings. Amounts paid or incurred for |
routine repairs and maintenance of property, interest expense or |
lease payments in connection with the capital improvements are |
not improvements within the meaning of this section. In order to |
qualify as an improvement, a substantial enhancement or |
restoration of an asset must cost at least $2,000 and must be an |
expenditure that would qualify for depreciation under the United |
States Internal Revenue Code. A moveable asset may be considered |
important to the efficient operation of a race meeting if the |
asset will remain at the commercial track or tribal commercial |
track or at the offices of the licensee throughout its use and if |
that asset is directly associated with running races, |
accommodating patrons of the race meet, conducting pari-mutuel |
wagering or paying purses. |