Rejected by House 6-2-2009
HB102 HFA ARMSTEAD AND CARMICHAEL 06-01 #1
Jody C. Jones 3107
Delegates Armstead and Carmichael move to amend the bill on
page two, following line two, by inserting the following:
"§29-22C-26. Tax on the privilege of holding a license to
operate West Virginia Lottery table games.
(a) Imposition and rate of tax. --
(1) For the privilege of holding a license under this
article to operate table games, there is levied and shall be
collected from the racetrack table games licensee the annual
privilege tax imposed by this section. The tax shall be thirty-
five percent of the licensee's adjusted gross receipts from the
operation of West Virginia Lottery table games. For purposes of
calculating the amount of tax due under this section, the
licensee shall use the accrual method of accounting.
(2) Beginning with the fiscal year following the licensing
by the commission of every pari-mutuel racetrack authorized by
section one, article twenty-three, chapter nineteen of this code
to offer West Virginia Lottery racetrack table games, the annual
privilege tax imposed under subdivision (1) of this subsection
shall be thirty-eight percent of the licensee's adjusted gross
receipts from the operation of West Virginia Lottery table games.
(b) Tax returns and payment of tax. --
(1) The annual tax levied by subsection (a) of this section
is due and payable to the commission in weekly installments on or
before the Wednesday of the calendar week following the week in
which the adjusted gross receipts were received and the tax
accrued.
(2) The racetrack table games licensee shall, on or before
Wednesday of each week, make out and submit by electronic
communication to the commission, a return for the preceding week,
in the form prescribed by the commission, showing:
(A) The total gross receipts and adjusted gross receipts
from operation of West Virginia Lottery table games during that
week;
(B) The amount of tax for which the racetrack table games
licensee is liable; and
(C) Any additional information necessary in the computation
and collection of the tax required by the commission.
(3) The amount of tax shown to be due on the return shall be
remitted by electronic funds transfer simultaneously with the
filing of the return. All payments received pursuant to this
section shall be deposited in the Racetrack Table Games Fund in
accordance with the provisions of section twenty-seven of this
article.
(4) When adjusted gross receipts for a week is a negative
number because the winnings paid to patrons wagering on the
racetrack's West Virginia Lottery table games exceeds the
racetrack's gross receipts from the purchase of table game
tokens, chips or electronic media by patrons, the commission
shall allow the licensee to, pursuant to rules of the commission,
carry over the negative amount of adjusted gross receipts to
returns filed for subsequent weeks. The negative amount of
adjusted gross receipts may not be carried back to an earlier
week and the commission is not required to refund any tax
received by the commission, except when the licensee surrenders
its license to act as agent of the commission in operating West
Virginia lottery table games under this article and the
licensee's last return filed under this section shows negative
adjusted gross receipts. In that case, the commission shall
multiply the amount of negative adjusted gross receipts by the
applicable rate of tax and pay the amount to the licensee, in
accordance with rules of the commission.
(c) Tax imposed by this section is in lieu of other taxes.
(1) With the exception of the ad valorem property tax
collected under chapter eleven-a of this code, the tax imposed by
this section is in lieu of all other state taxes and fees imposed
on the operation of, or the proceeds from operation of West
Virginia Lottery table games, except as otherwise provided in this section.
The Consumers Sales and Services Tax imposed pursuant to
article fifteen, chapter eleven of this code, shall not apply to
the licensee's gross receipts from any wagering on West Virginia
Lottery table games authorized pursuant to this article or to the
licensee's purchase of gaming equipment, supplies or services
directly used in operation of the table games authorized by this
article. These purchases are also exempt from the Use Tax imposed
by article fifteen-a, chapter eleven of this code.
(2) With the exception of the ad valorem property tax
collected under chapter eleven-a of this code, the tax imposed by
this section is in lieu of all local taxes and fees levied on or
imposed with respect to the privilege of offering West Virginia
Lottery table games to the public, including, but not limited to,
the municipal business and occupation taxes and amusement taxes
authorized by article thirteen, chapter eight of this code, and
the municipal sales and service tax and use taxes authorized by
article thirteen-c, chapter eight of this code.
(d) Prohibition on credits. -- Notwithstanding any other
provision of this code to the contrary, no credit may be allowed
against the tax imposed by this section or against any other tax
imposed by any other provision of this code for any investment in
gaming equipment, or for any investment in real property, or in improvements to the real property, that is used in the operation
of West Virginia Lottery table games."
And
Delegates Armstead and Carmichael move to amend the enacting
section to read as follows:
"That
§
29-22C-26 and
§
29-22C-27 of the Code of West
Virginia, 1931, as amended, be amended and reenacted to read as
follows:"
Adopted
Rejected