Bill Text: IN SB0140 | 2012 | Regular Session | Amended
Bill Title: Slot machine wagering tax.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-02-29 - Second reading: ordered engrossed [SB0140 Detail]
Download: Indiana-2012-SB0140-Amended.html
Citations Affected: IC 4-33; IC 4-35; IC 6-8.1.
Synopsis: Slot machine wagering tax. Specifies when gambling game
receipts are considered received by a racetrack casino. Specifies that
the general assembly does not acquiesce in any interpretation to the
contrary. Provides that a licensee may elect to pay the slot machine
wagering tax using taxable receipts rather than adjusted gross receipts.
Defines taxable receipts as adjusted gross receipts minus amounts paid
to support the horse racing industry. Provides that a licensee's election
is considered revoked if the licensee claims a refund on the grounds
that various taxes, fees, and other obligations should not have been
included in the licensee adjusted gross receipts. Applies the current tax
structure to a licensee revoking the election as of the business day
following the date of the revocation. Provides that the attorney general,
with the assistance of the department of state revenue, shall represent
the state and the department of state revenue in all civil actions
concerning: (1) the determination or collection of the slot machine
wagering tax; or (2) a claim for the refund of slot machine wagering
tax. Repeals an unused definition.
Effective: Upon passage; January 1, 2012 (retroactive).
January 4, 2012, read first time and referred to Committee on Appropriations.
January 10, 2012, pursuant to Senate Rule 68(b); reassigned to Committee on Tax and
Fiscal Policy.
January 25, 2012, reported favorably _ Do Pass.
January 30, 2012, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
gaming.
(1) the total of a licensee's adjusted gross receipts; minus
(2) the total of the amount of money paid by the licensee under IC 4-35-7-12.
(b) Cash, checks, and other property are considered received by
a licensee when a patron relinquishes control of the cash, check, or
other property to the licensee for the purpose of making a wager
on a gambling game.
(c) The general assembly does not acquiesce in any
interpretation of IC 4-35-2-2 that is inconsistent with subsection
(b).
(1) made an election under section 1.5(b) of this chapter; and
(2) not revoked the election under section 1.5(c) of this chapter.
(b) Beginning January 1, 2012, the applicable tax base for purposes of calculating a licensee's slot machine wagering tax liability under section 1.5 of this chapter is the amount of taxable receipts received by the licensee.
(c) This subsection applies only to the state fiscal year beginning July 1, 2011. For purposes of determining the applicable tax rate under section 1.5 of this chapter after December 31, 2011, the amount of adjusted gross receipts received by the licensee after June 30, 2011, and before January 1, 2012, is considered a part of the licensee's taxable receipts for the state fiscal year.
(1) made an election under section 1.5(b) of this chapter; and
(2) not revoked the election under section 1.5(c) of this chapter.
(b) A graduated slot machine wagering tax is imposed as follows on one hundred percent (100%) of the adjusted gross receipts received before July 1, 2012, and on ninety-nine percent (99%) of the adjusted gross receipts received after June 30, 2012, from wagering on gambling games authorized by this article:
(1) Twenty-five percent (25%) of the first one hundred million dollars ($100,000,000) of adjusted gross receipts received during the period beginning July 1 of each year and ending June 30 of the following year.
(2) Thirty percent (30%) of the adjusted gross receipts in excess of one hundred million dollars ($100,000,000) but not exceeding two hundred million dollars ($200,000,000) received during the
period beginning July 1 of each year and ending June 30 of the
following year.
(3) Thirty-five percent (35%) of the adjusted gross receipts in
excess of two hundred million dollars ($200,000,000) received
during the period beginning July 1 of each year and ending June
30 of the following year.
(b) (c) A licensee shall remit the tax imposed by this section to the
department before the close of the business day following the day the
wagers are made.
(c) (d) The department may require payment under this section to
be made by electronic funds transfer (as defined in IC 4-8.1-2-7(f)).
(d) (e) If the department requires taxes to be remitted under this
chapter through electronic funds transfer, the department may allow the
licensee to file a monthly report to reconcile the amounts remitted to
the department.
(e) (f) The payment of the tax under this section must be on a form
prescribed by the department.
(b) A licensee may elect on a form prescribed by the department to pay the slot machine wagering tax under this section instead of section 1 of this chapter. A licensee making an election under this subsection must agree to the following conditions:
(1) That the licensee will not claim a refund of taxes paid under this chapter before January 1, 2012, on the grounds that an amount paid under IC 4-35-7-12 before January 1, 2012, should not have been included in the licensee's adjusted gross receipts.
(2) That the licensee will not claim a refund of taxes paid under this chapter on the grounds that an amount paid under IC 4-35-7-12, IC 4-35-8.5, IC 4-35-8.7, IC 4-35-8.8, or IC 4-35-8.9 should not have been included in the licensee's adjusted gross receipts.
(3) That the licensee will not claim a refund of any fee or other amount paid under IC 4-35-7-12, IC 4-35-8.5, or IC 4-35-8.9 on the grounds that:
(A) taxes paid under this chapter; or
(B) a fee or other amount paid under IC 4-35-7-12, IC 4-35-8.5, IC 4-35-8.7, IC 4-35-8.8, or IC 4-35-8.9;
should not have been included in the licensee's adjusted gross receipts.
(c) If a licensee claims a tax refund in violation of an agreement entered into under subsection (b), the licensee is considered to have revoked the election made under subsection (b). The licensee becomes subject to taxation under section 1 of this chapter on the business day following the date of the licensee's revocation of the election made under subsection (b).
(d) A graduated slot machine wagering tax is imposed as follows on the licensee's taxable receipts from wagering on gambling games authorized by this article:
(1) Twenty-five percent (25%) of the first one hundred million dollars ($100,000,000) of taxable receipts received during the period beginning July 1 of each year and ending June 30 of the following year.
(2) Thirty percent (30%) of the taxable receipts exceeding one hundred million dollars ($100,000,000) but not exceeding two hundred million dollars ($200,000,000) received during the period beginning July 1 of each year and ending June 30 of the following year.
(3) Thirty-five percent (35%) of the taxable receipts exceeding two hundred million dollars ($200,000,000) received during the period beginning July 1 of each year and ending June 30 of the following year.
(e) The licensee shall remit the tax imposed by this section to the department before the close of the business day following the day the wagers are made. The licensee shall calculate the amount of taxable receipts received for a particular day by determining the product of:
(1) the adjusted gross receipts received during the day; multiplied by
(2) eighty-five hundredths (0.85).
(f) The department may require payment under this section to be made by electronic funds transfer (as defined in IC 4-8.1-2-7(f)).
(g) If the department requires taxes to be remitted under this chapter through electronic funds transfer, the department may allow the licensee to file a monthly report to reconcile the amounts remitted to the department.
(h) The payment of the tax under this section must be on a form prescribed by the department.
JANUARY 1, 2012 (RETROACTIVE)]: Sec. 3. The department shall
deposit tax revenue collected under section 1 of this chapter in the state
general fund.
(b) Except as provided in subsection (c), upon request by the department, the attorney general shall prosecute a civil action to collect unpaid taxes, penalties, and interest and to enforce the department's powers.
(c) The attorney general, with the assistance of the department of state revenue, shall represent the state and the department of state revenue in all civil actions (including proceedings in a United States bankruptcy court) concerning:
(1) the determination or collection of slot machine wagering tax due under IC 4-35; or
(2) a claim for the refund of slot machine wagering tax due under IC 4-35.
