2005 Regular Session
To: Gaming; Ways and Means
By: Representative Moak
AN ACT TO AMEND SECTION 75-76-51, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CHAIRMAN OF THE STATE TAX COMMISSION TO ADOPT REGULATIONS PRESCRIBING THE MANNER IN WHICH WINNINGS, COMPENSATION FROM GAMES AND GAMING DEVICES AND GROSS REVENUE MUST BE COMPUTED AND REPORTED BY A GAMING LICENSEE FOR THE PURPOSE OF TAXES AND LICENSE FEES IMPOSED UNDER THE MISSISSIPPI GAMING CONTROL ACT; TO AMEND SECTION 75-76-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHAIRMAN OF THE STATE TAX COMMISSION SHALL MAKE ALL DETERMINATIONS OF REVENUE SUBJECT TO TAXATION AND LICENSE FEES UNDER THE MISSISSIPPI GAMING CONTROL ACT; TO PROVIDE THAT DURING THE COURSE OF AN AUDIT OR INTERNAL CONTROL EXAMINATION, ANY AGENT OF THE CHAIRMAN OF THE STATE TAX COMMISSION SHALL BE ALLOWED UNOBSTRUCTED ACCESS TO ALL AREAS OF A GAMING LICENSEE, INCLUDING SURVEILLANCE AREAS, COUNT ROOMS AND OTHER AREAS DIRECTLY OR INDIRECTLY INVOLVED WITH THE GENERATION OR ACCOUNTING OF REVENUE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-76-51, Mississippi Code of 1972, is amended as follows:
75-76-51. The commission shall adopt regulations which prescribe the manner in which winnings, compensation from games and gaming devices, and gross revenue must be computed and reported by the licensee. However, the Chairman of the State Tax Commission shall adopt regulations which prescribe the manner in which such items must be computed and reported by the licensee for the purposes of reporting for any taxes and for any license fees imposed under this chapter.
SECTION 2. Section 75-76-81, Mississippi Code of 1972, is amended as follows:
75-76-81. The Chairman of the State Tax Commission shall assess and collect all taxes, fees, licenses, interest, penalties, damages and fines imposed by this chapter, and is hereby empowered to promulgate rules and regulations to administer such collections. Any records or other documents submitted by the licensee, or on his behalf, to the Mississippi Gaming Commission or executive director shall be made available to the Chairman of the State Tax Commission or his authorized agent upon written request. The Chairman of the State Tax Commission shall make all determinations of revenue subject to taxation and revenue subject to the license fees imposed under this chapter as provided by law and regulation, and shall conduct all audits of licensees for the purpose of determining compliance with all tax and license fee laws of this state. During the course of an audit or internal control examination, any agent of the Chairman of the State Tax Commission shall be allowed unobstructed access to all areas of a licensee, including surveillance areas, count rooms and other areas directly or indirectly involved with the generation or accounting of revenue.
The gross revenue fees levied by this chapter shall be due and payable on or before the twentieth day of the month next succeeding the month in which the fees accrue except as otherwise provided. The licensee shall make a return showing the gross revenue and compute the fee due for the period.
All administrative provisions of the sales tax law, and amendments thereto, including those which provide for collection and administrative appeals procedures, fix damages, penalties and interest for failure to comply with the provisions of said sales tax law, and all other requirements and duties imposed upon any licensee or taxpayer, shall apply to all persons liable for taxes, fees and all other monies imposed under the provisions of this chapter. However, fines or other assessments levied by the Mississippi Gaming Commission or the executive director will not be considered due and payable until thirty (30) days after final determination of such fines or assessments. The Chairman of the State Tax Commission shall exercise all power and authority and perform all duties with respect to licensees or taxpayers under this chapter as are provided in said sales tax law, except where there is conflict, then the provisions of this chapter shall control.
The determination and/or assessment of any taxes, fees, licenses, interest, penalties, damages and fines under this chapter by the Chairman of the State Tax Commission, the Executive Director of the Mississippi Gaming Commission or the Mississippi Gaming Commission shall be prima facie correct.
SECTION 3. This act shall take effect and be in force from and after its passage.