HF 3325

as introduced - 88th Legislature (2013 - 2014) Posted on 04/01/2014 10:37am

A bill for an act
relating to taxation; lawful gambling; modifying imposition of tax for electronic
linked bingo; modifying rates; amending Minnesota Statutes 2012, sections 297E.01, by adding a subdivision; 297E.02, subdivisions 1, 6; 297E.06, by adding a subdivision; Minnesota Statutes 2013 Supplement, section 297E.06, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 297E.01, is amended by adding a
subdivision to read:

Subd. 3a.

Compensation.

"Compensation" means the wages actually paid by an
organization to its employees for the conduct of lawful gambling and any payroll taxes
imposed on those wages.

Sec. 2.

Minnesota Statutes 2012, section 297E.02, subdivision 1, is amended to read:

Subdivision 1.

Imposition.

A tax is imposed on all lawful gambling other than (1)
paper or electronic pull-tab deals or games; (2) tipboard deals or games; and (3) electronic
linked bingo; and (4) items listed in section 297E.01, subdivision 8, clauses (4) and (5), at
the rate of 8.5 percent on the gross receipts as defined in section 297E.01, subdivision 8,
less prizes and compensation actually paid. The tax imposed by this subdivision is in lieu
of the tax imposed by section 297A.62 and all local taxes and license fees except a fee
authorized under section 349.16, subdivision 8, or a tax authorized under subdivision 5.

The tax imposed under this subdivision is payable by the organization or party
conducting, directly or indirectly, the gambling.

Sec. 3.

Minnesota Statutes 2012, section 297E.02, subdivision 6, is amended to read:

Subd. 6.

Combined net receipts tax.

(a) In addition to the taxes imposed under
subdivision 1, a tax is imposed on the combined receipts of the organization. As used
in this section, "combined net receipts" is the sum of the organization's gross receipts
from lawful gambling less gross receipts directly derived from the conduct of paper
bingo, electronic linked bingo, raffles, and paddle wheels, as defined in section 297E.01,
subdivision 8, and less the compensation and net prizes actually paid, other than prizes
actually paid for paper bingo, electronic linked bingo, raffles, and paddle wheels, for the
fiscal year. The combined net receipts of an organization are subject to a tax computed
according to the following schedule:

	If the combined net receipts for the fiscal year are:		The tax is:
	Not over $87,500$100,000		nine percent
	Over $87,500, but not over $122,500$100,000 but not over $200,000		$7,875 plus 18 percent of the amount over $87,500$100,000, but not over $122,500$200,000
	Over $122,500, but not over $157,500$200,000 but not over $300,000		$14,175 plus 27 percent of the amount over $122,500, but not over $157,500 $200,000 but not over $300,000
	Over $157,500$300,000		$23,625 plus 36 percent of the amount over $157,500$300,000

(b) On or before April 1, 2016, the commissioner shall estimate the total amount of
revenue, including interest and penalties, that will be collected for fiscal year 2016 from
taxes imposed under this chapter. If the amount estimated by the commissioner equals
or exceeds $94,800,000, the commissioner shall certify that effective July 1, 2016, the
rates under this paragraph apply in lieu of the rates under paragraph (a) and shall publish a
notice to that effect in the State Register and notify each taxpayer by June 1, 2016. If the
rates under this section apply, the combined net receipts of an organization are subject to a
tax computed according to the following schedule:

	If the combined net receipts for the fiscal year are:		The tax is:
	Not over $87,500$100,000		8.5 percent
	Over $87,500, but not over $122,500$100,000 but not over $200,000		$7,438 plus 17 percent of the amount over $87,500, but not over $122,500 $100,000 but not over $200,000
	Over $122,500, but not over $157,500$200,000 but not over $300,000		$13,388 plus 25.5 percent of the amount over $122,500, but not over $157,500$200,000 but not over $300,000
	Over $157,500$300,000		$22,313 plus 34 percent of the amount over $157,500$300,000

(c) Gross receipts derived from sports-themed tipboards are exempt from taxation
under this section. For purposes of this paragraph, a sports-themed tipboard means a
sports-themed tipboard as defined in section 349.12, subdivision 34, under which the
winning numbers are determined by the numerical outcome of a professional sporting event.

Sec. 4.

Minnesota Statutes 2012, section 297E.06, is amended by adding a subdivision
to read:

Subd. 1b.

Electronic pull-tab activity.

The commissioner shall not require
organizations to report the gross receipts and prizes from an electronic pull-tab game
until the game is closed by the organization.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 297E.06, subdivision 4, is
amended to read:

Subd. 4.

Annual audit, Certified inventory, and cash count.

(a) An organization
licensed under chapter 349 with gross receipts from lawful gambling of more than
$750,000 in any year must have an annual financial audit of its lawful gambling activities
and funds for that year.

(b) The commissioner may require a financial audit of the lawful gambling activities
and funds of an organization licensed under chapter 349, with gross receipts less than
$750,000 annually, when an organization has:

(1) failed to timely file required gambling tax returns;

(2) failed to timely pay the gambling tax or regulatory fee;

(3) filed fraudulent gambling tax returns;

(4) failed to take corrective actions required by the commissioner; or

(5) failed to otherwise comply with this chapter.

(c) (b) Audits under this subdivision must be performed by an independent
accountant licensed in accordance with chapter 326A.

(d) (c) An organization licensed under chapter 349 must perform an annual
certified inventory and cash count at the end of its fiscal year and submit the report to
the commissioner within 30 days after the end of its fiscal year. The report shall be on
a form prescribed by the commissioner.

(e) (d) The commissioner of revenue shall prescribe standards for the audits,
certified inventory, and cash count reports required under this subdivision. The standards
may vary based on the gross receipts of the organization. The standards must incorporate
and be consistent with standards prescribed by the American Institute of Certified Public
Accountants. A complete, true, and correct copy of the audits, certified inventory, and
cash count report must be filed as prescribed by the commissioner.