MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Ways and Means
By: Representative Fillingane
AN ACT TO AMEND SECTIONS 27-7-901 AND 27-7-903, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE TAX LEVIED ON AMOUNTS THAT ARE PAID TO PATRONS BY GAMING ESTABLISHMENTS; TO REVISE THE MEANING OF "AMOUNTS THAT ARE PAID OR CREDITED" FOR PURPOSES OF THE TAX THAT IS LEVIED UPON AMOUNTS THAT ARE PAID TO PATRONS BY GAMING ESTABLISHMENTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-7-901, Mississippi Code of 1972, is amended as follows:
27-7-901. (1) There is hereby levied, assessed and shall be collected a tax of seven percent (7%) upon amounts that are paid or credited by gaming establishments licensed under the provisions of the Mississippi Gaming Control Act to their patrons. The tax shall be collected by licensed gaming establishments and remitted to the State Tax Commission in the manner provided for by regulations promulgated by the Chairman of the State Tax Commission.
(2) As used in this section, "amounts that are paid or credited" means amounts or credits that are subject to the withholding or reporting requirements of the Internal Revenue Code, except that the dollar thresholds for amounts that are paid or credited shall be One Dollar ($1.00).
(3) No credit shall be allowed under the Income Tax Law of 1952 for the tax collected by licensed gaming establishments pursuant to this section.
SECTION 2. Section 27-7-903, Mississippi Code of 1972, is amended as follows:
27-7-903. (1) There is hereby levied and assessed upon patrons of gaming establishments located in this state that are not licensed under the provisions of the Mississippi Gaming Control Act, a tax of seven percent (7%) of the amounts that are paid or credited to such patrons by the gaming establishment, which tax is the same in kind and rate as has heretofore been imposed pursuant to Section 27-7-901 upon the patrons of gaming establishments which are licensed under the Mississippi Gaming Control Act. The legal incidence and duty to pay such taxes shall fall upon the patron. The assessment of such tax is subject to any exemptions as may exist under federal or state law. The State Tax Commission may enter into tax collection agreements regarding this tax.
(2) As used in this section, "amounts that are paid or credited" means amounts or credits that are subject to the withholding or reporting requirements of the Internal Revenue Code, except that the dollar thresholds for amounts that are paid or credited shall be One Dollar ($1.00).
(3) No credit shall be allowed under the Income Tax Law of 1952 for the tax collected by gaming establishments pursuant to this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.