2016 Indiana Code
TITLE 4. STATE OFFICES AND ADMINISTRATION
ARTICLE 33. RIVERBOAT GAMBLING
CHAPTER 13. WAGERING TAXES
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IC 4-33-13
Chapter 13. Wagering Taxes
IC 4-33-13-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as
follows:
(1) The amendments made to section 1 of this chapter by
P.L.192-2002(ss) apply to admissions occurring and receipts
received after June 30, 2002.
(2) The addition of section 1.5 of this chapter by
P.L.192-2002(ss) applies to admissions occurring and receipts
received after June 30, 2002.
(3) The amendments made to section 5 of this chapter by
P.L.234-2007 apply to riverboat wagering taxes remitted by an
operating agent after June 30, 2007.
As added by P.L.220-2011, SEC.55.
IC 4-33-13-0.2
Calculation and collection of wagering taxes; penalties and
interest; general assembly does not acquiesce in certain
interpretation of statutes
Sec. 0.2. (a) This section applies to the calculation and collection
of wagering taxes on the adjusted gross receipts of a riverboat
received:
(1) on or after the date that the riverboat implemented flexible
scheduling under IC 4-33-6-21; and
(2) before July 1, 2003.
(b) The general assembly does not acquiesce in any interpretation
of section 1.5 of this chapter and P.L.192-2002(ss), SECTION 205
that excludes adjusted gross receipts of a riverboat received after
June 30, 2002, and before the date that the riverboat implemented
flexible scheduling under IC 4-33-6-21 from the determination of
which wagering tax rate to apply to adjusted gross receipts of the
riverboat received on or after the riverboat implemented flexible
scheduling under IC 4-33-6-21.
(c) Wagering taxes imposed under section 1.5 of this chapter on
adjusted gross receipts received on or after the date that the riverboat
implemented flexible scheduling under IC 4-33-6-21 must be
calculated and deposited using a graduated wagering tax rate selected
(as stated in section 1.5 of this chapter) through a calculation that
includes "adjusted gross receipts received during the period
beginning July 1 of each year and ending June 30 of the following
year".
(d) All penalties and interest otherwise due from a riverboat that
underpaid the amount of wagering tax due after June 30, 2002, and
before May 1, 2003, as a result of a failure to include adjusted gross
receipts received by the riverboat after June 30, 2002, and before the
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date that the riverboat implemented flexible scheduling under
IC 4-33-6-21 in the determination of which wagering tax rate to
apply to adjusted gross receipts received after the riverboat
implemented flexible scheduling under IC 4-33-6-21 are waived if
the riverboat paid the unpaid balance due in two (2) equal
installments on the following dates:
(1) July 1, 2003.
(2) July 1, 2004.
As added by P.L.220-2011, SEC.56.
IC 4-33-13-1
Adjusted gross receipts tax; rate; payment; inapplicability to
flexible scheduling
Sec. 1. (a) This section does not apply to a riverboat that has
implemented flexible scheduling under IC 4-33-6-21.
(b) Subject to section 1.5(j) of this chapter, a tax is imposed on
the adjusted gross receipts received from gambling games authorized
under this article at the rate of twenty-two and five-tenths percent
(22.5%) of the amount of the adjusted gross receipts.
(c) The licensed owner shall remit the tax imposed by this chapter
to the department before the close of the business day following the
day the wagers are made.
(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(e)).
(e) If the department requires taxes to be remitted under this
chapter through electronic funds transfer, the department may allow
the licensed owner to file a monthly report to reconcile the amounts
remitted to the department.
(f) The department may allow taxes remitted under this section to
be reported on the same form used for taxes paid under IC 4-33-12.
As added by P.L.277-1993(ss), SEC.124. Amended by
P.L.192-2002(ss), SEC.24; P.L.224-2003, SEC.45; P.L.229-2013,
SEC.19.
IC 4-33-13-1.5
Graduated wagering tax applied to riverboats implementing
flexible scheduling
Sec. 1.5. (a) This section applies only to a riverboat that has
implemented flexible scheduling under IC 4-33-6-21 or IC 4-33-6.5.
(b) This subsection applies only to a riverboat that received at
least seventy-five million dollars ($75,000,000) of adjusted gross
receipts during the preceding state fiscal year. A graduated tax is
imposed on the adjusted gross receipts received from gambling
games authorized under this article as follows:
(1) Fifteen percent (15%) of the first twenty-five million dollars
($25,000,000) of adjusted gross receipts received during the
period beginning July 1 of each year and ending June 30 of the
following year.
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(2) Twenty percent (20%) of the adjusted gross receipts in
excess of twenty-five million dollars ($25,000,000) but not
exceeding fifty million dollars ($50,000,000) received during
the period beginning July 1 of each year and ending June 30 of
the following year.
(3) Twenty-five percent (25%) of the adjusted gross receipts in
excess of fifty million dollars ($50,000,000) but not exceeding
seventy-five million dollars ($75,000,000) received during the
period beginning July 1 of each year and ending June 30 of the
following year.
(4) Thirty percent (30%) of the adjusted gross receipts in excess
of seventy-five million dollars ($75,000,000) but not exceeding
one hundred fifty million dollars ($150,000,000) received
during the period beginning July 1 of each year and ending June
30 of the following year.
(5) Thirty-five percent (35%) of all adjusted gross receipts in
excess of one hundred fifty million dollars ($150,000,000) but
not exceeding six hundred million dollars ($600,000,000)
received during the period beginning July 1 of each year and
ending June 30 of the following year.
(6) Forty percent (40%) of all adjusted gross receipts exceeding
six hundred million dollars ($600,000,000) received during the
period beginning July 1 of each year and ending June 30 of the
following year.
(c) This subsection applies only to a riverboat that received less
than seventy-five million dollars ($75,000,000) of adjusted gross
receipts during the preceding state fiscal year. A graduated tax is
imposed on the adjusted gross receipts received from gambling
games authorized under this article as follows:
(1) Five percent (5%) of the first twenty-five million dollars
($25,000,000) of adjusted gross receipts received during the
period beginning July 1 of each year and ending June 30 of the
following year.
(2) Twenty percent (20%) of the adjusted gross receipts in
excess of twenty-five million dollars ($25,000,000) but not
exceeding fifty million dollars ($50,000,000) received during
the period beginning July 1 of each year and ending June 30 of
the following year.
(3) Twenty-five percent (25%) of the adjusted gross receipts in
excess of fifty million dollars ($50,000,000) but not exceeding
seventy-five million dollars ($75,000,000) received during the
period beginning July 1 of each year and ending June 30 of the
following year.
(4) Thirty percent (30%) of the adjusted gross receipts in excess
of seventy-five million dollars ($75,000,000) but not exceeding
one hundred fifty million dollars ($150,000,000) received
during the period beginning July 1 of each year and ending June
30 of the following year.
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(5) Thirty-five percent (35%) of all adjusted gross receipts in
excess of one hundred fifty million dollars ($150,000,000) but
not exceeding six hundred million dollars ($600,000,000)
received during the period beginning July 1 of each year and
ending June 30 of the following year.
(6) Forty percent (40%) of all adjusted gross receipts exceeding
six hundred million dollars ($600,000,000) received during the
period beginning July 1 of each year and ending June 30 of the
following year.
(d) The licensed owner or operating agent of a riverboat taxed
under subsection (c) shall pay an additional tax of two million five
hundred thousand dollars ($2,500,000) in any state fiscal year in
which the riverboat's adjusted gross receipts exceed seventy-five
million dollars ($75,000,000). The additional tax imposed under this
subsection is due before July 1 of the following state fiscal year.
(e) The licensed owner or operating agent shall remit the tax
imposed by this chapter to the department before the close of the
business day following the day the wagers are made.
(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 licensed owner or operating agent to file a monthly report to
reconcile the amounts remitted to the department.
(h) The department may allow taxes remitted under this section to
be reported on the same form used for taxes paid under IC 4-33-12.
(i) If a riverboat implements flexible scheduling during any part
of a period beginning July 1 of each year and ending June 30 of the
following year, the tax rate imposed on the adjusted gross receipts
received while the riverboat implements flexible scheduling shall be
computed as if the riverboat had engaged in flexible scheduling
during the entire period beginning July 1 of each year and ending
June 30 of the following year.
(j) If a riverboat:
(1) implements flexible scheduling during any part of a period
beginning July 1 of each year and ending June 30 of the
following year; and
(2) before the end of that period ceases to operate the riverboat
with flexible scheduling;
the riverboat shall continue to pay a wagering tax at the tax rates
imposed under subsection (b) until the end of that period as if the
riverboat had not ceased to conduct flexible scheduling.
As added by P.L.192-2002(ss), SEC.25. Amended by P.L.224-2003,
SEC.46; P.L.92-2003, SEC.54; P.L.97-2004, SEC.16; P.L.233-2007,
SEC.18; P.L.229-2013, SEC.20.
IC 4-33-13-1.7
Historic hotel district riverboat tax credit
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Sec. 1.7. (a) This section applies only to a riverboat located in a
historic hotel district in a state fiscal year if:
(1) the riverboat received not more than eighty million dollars
($80,000,000) of adjusted gross receipts during the preceding
state fiscal year; and
(2) the operating agent for the riverboat and the owner of the
historic hotels resort are the entities that were the operating
agent and owner of the historic hotels resort on January 1, 2015.
(b) As used in this section, "historic hotels resort" refers to the
historic hotels, the riverboat operated under IC 4-33-6.5, and other
properties operated in conjunction with the historic hotel enterprise
located in Orange County, including golf courses.
(c) An operating agent is entitled to a French Lick historic tax
credit against the tax imposed under section 1.5 of this chapter as
provided in this section. The amount of the credit for a state fiscal
year is equal to the following:
(1) Fifty percent (50%) of the tax that the operating agent would
otherwise be required to remit to the department, if the riverboat
received not more than sixty million dollars ($60,000,000) of
adjusted gross receipts during the preceding state fiscal year.
(2) Forty percent (40%) of the tax that the operating agent
would otherwise be required to remit to the department, if the
riverboat received more than sixty million dollars ($60,000,000)
but not more than sixty-five million dollars ($65,000,000) of
adjusted gross receipts during the preceding state fiscal year.
(3) Thirty percent (30%) of the tax that the operating agent
would otherwise be required to remit to the department, if the
riverboat received more than sixty-five million dollars
($65,000,000) but not more than seventy million dollars
($70,000,000) of adjusted gross receipts during the preceding
state fiscal year.
(4) Twenty percent (20%) of the tax that the operating agent
would otherwise be required to remit to the department, if the
riverboat received more than seventy million dollars
($70,000,000) but not more than seventy-five million dollars
($75,000,000) of adjusted gross receipts during the preceding
state fiscal year.
(5) Ten percent (10%) of the tax that the operating agent would
otherwise be required to remit to the department, if the riverboat
received more than seventy-five million dollars ($75,000,000)
but not more than eighty million dollars ($80,000,000) of
adjusted gross receipts during the preceding state fiscal year.
(6) A credit is not allowed under this section for a state fiscal
year if the riverboat received more than eighty million dollars
($80,000,000) of adjusted gross receipts during the preceding
state fiscal year.
The operating agent may apply the credit on any remittance.
(d) A credit under this section is not refundable.
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(e) The amount of revenue retained as a credit must be used by the
operating agent and the owner of the historic hotels resort for one (1)
or more of the following purposes:
(1) For expenditures to maintain or operate a historic hotel, as
determined by the owner of the historic hotels resort.
(2) For expenditures to maintain or operate:
(A) the grounds surrounding a historic hotel;
(B) supporting buildings and structures related to a historic
hotel; and
(C) other facilities used by the guests of the historic hotel;
as determined by the owner of the historic hotels resort.
Any amount retained as a credit that is not used for a purpose
described in subdivision (1) or (2) not more than twelve (12) months
after the end of the state fiscal year in which the amount is retained
must be remitted to the department for deposit in the state general
fund.
(f) The owner of the historic hotels resort must maintain the
records required by the department for the period specified by the
department to substantiate that the money retained as a credit under
this section was used for the purposes described in subsection (e).
As added by P.L.255-2015, SEC.17.
IC 4-33-13-2
State gaming fund; establishment
Sec. 2. The state gaming fund is established. Money in the fund
does not revert to the state general fund at the end of the state fiscal
year.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.273-1999,
SEC.41.
IC 4-33-13-3
Deposits into state gaming fund
Sec. 3. The department shall deposit tax revenue collected under
this chapter in the state gaming fund.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.273-1999,
SEC.42.
IC 4-33-13-4
Appropriations
Sec. 4. Sufficient funds are annually appropriated to the
commission from the state gaming fund to administer this article.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.20-1995,
SEC.18; P.L.273-1999, SEC.43.
IC 4-33-13-5
Disposition of tax revenue
Sec. 5. (a) This subsection does not apply to tax revenue remitted
by an operating agent operating a riverboat in a historic hotel district.
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After funds are appropriated under section 4 of this chapter, each
month the treasurer of state shall distribute the tax revenue deposited
in the state gaming fund under this chapter to the following:
(1) The first thirty-three million dollars ($33,000,000) of tax
revenues collected under this chapter shall be set aside for
revenue sharing under subsection (e).
(2) Subject to subsection (c), twenty-five percent (25%) of the
remaining tax revenue remitted by each licensed owner shall be
paid:
(A) to the city that is designated as the home dock of the
riverboat from which the tax revenue was collected, in the
case of:
(i) a city described in IC 4-33-12-6(b)(1)(A); or
(ii) a city located in a county having a population of more
than four hundred thousand (400,000) but less than seven
hundred thousand (700,000); or
(B) to the county that is designated as the home dock of the
riverboat from which the tax revenue was collected, in the
case of a riverboat whose home dock is not in a city
described in clause (A).
(3) Subject to subsection (d), the remainder of the tax revenue
remitted by each licensed owner shall be paid to the state
general fund. In each state fiscal year, the treasurer of state shall
make the transfer required by this subdivision not later than the
last business day of the month in which the tax revenue is
remitted to the state for deposit in the state gaming fund.
However, if tax revenue is received by the state on the last
business day in a month, the treasurer of state may transfer the
tax revenue to the state general fund in the immediately
following month.
(b) This subsection applies only to tax revenue remitted by an
operating agent operating a riverboat in a historic hotel district after
June 30, 2015. After funds are appropriated under section 4 of this
chapter, each month the treasurer of state shall distribute the tax
revenue remitted by the operating agent under this chapter as
follows:
(1) Fifty-six and five-tenths percent (56.5%) shall be paid to the
state general fund.
(2) Forty-three and five-tenths percent (43.5%) shall be paid as
follows:
(A) Twenty-two and four-tenths percent (22.4%) shall be
paid as follows:
(i) Fifty percent (50%) to the fiscal officer of the town of
French Lick.
(ii) Fifty percent (50%) to the fiscal officer of the town of
West Baden Springs.
(B) Fourteen and eight-tenths percent (14.8%) shall be paid
to the county treasurer of Orange County for distribution
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among the school corporations in the county. The governing
bodies for the school corporations in the county shall
provide a formula for the distribution of the money received
under this clause among the school corporations by joint
resolution adopted by the governing body of each of the
school corporations in the county. Money received by a
school corporation under this clause must be used to
improve the educational attainment of students enrolled in
the school corporation receiving the money. Not later than
the first regular meeting in the school year of a governing
body of a school corporation receiving a distribution under
this clause, the superintendent of the school corporation
shall submit to the governing body a report describing the
purposes for which the receipts under this clause were used
and the improvements in educational attainment realized
through the use of the money. The report is a public record.
(C) Thirteen and one-tenth percent (13.1%) shall be paid to
the county treasurer of Orange County.
(D) Five and three-tenths percent (5.3%) shall be distributed
quarterly to the county treasurer of Dubois County for
appropriation by the county fiscal body after receiving a
recommendation from the county executive. The county
fiscal body for the receiving county shall provide for the
distribution of the money received under this clause to one
(1) or more taxing units (as defined in IC 6-1.1-1-21) in the
county under a formula established by the county fiscal body
after receiving a recommendation from the county executive.
(E) Five and three-tenths percent (5.3%) shall be distributed
quarterly to the county treasurer of Crawford County for
appropriation by the county fiscal body after receiving a
recommendation from the county executive. The county
fiscal body for the receiving county shall provide for the
distribution of the money received under this clause to one
(1) or more taxing units (as defined in IC 6-1.1-1-21) in the
county under a formula established by the county fiscal body
after receiving a recommendation from the county executive.
(F) Six and thirty-five hundredths percent (6.35%) shall be
paid to the fiscal officer of the town of Paoli.
(G) Six and thirty-five hundredths percent (6.35%) shall be
paid to the fiscal officer of the town of Orleans.
(H) Twenty-six and four-tenths percent (26.4%) shall be
paid to the Indiana economic development corporation
established by IC 5-28-3-1 for transfer to Radius Indiana or
a successor regional entity or partnership for the
development and implementation of a regional economic
development strategy to assist the residents of Orange
County and the counties contiguous to Orange County in
improving their quality of life and to help promote
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successful and sustainable communities. However, an
amount sufficient to meet current obligations to retire or
refinance indebtedness or leases for which tax revenues
under this section were pledged before January 1, 2015, by
the Orange County development commission shall be paid
to the Orange County development commission before
making a distribution to Radius Indiana or a successor
regional entity or partnership. The amount paid to the
Orange County development commission reduces the
amount payable to Radius Indiana or its successor entity or
partnership.
(c) For each city and county receiving money under subsection
(a)(2), the treasurer of state shall determine the total amount of
money paid by the treasurer of state to the city or county during the
state fiscal year 2002. The amount determined is the base year
revenue for the city or county. The treasurer of state shall certify the
base year revenue determined under this subsection to the city or
county. The total amount of money distributed to a city or county
under this section during a state fiscal year may not exceed the
entity's base year revenue. For each state fiscal year, the treasurer of
state shall pay that part of the riverboat wagering taxes that:
(1) exceeds a particular city's or county's base year revenue; and
(2) would otherwise be due to the city or county under this
section;
to the state general fund instead of to the city or county.
(d) Each state fiscal year the treasurer of state shall transfer from
the tax revenue remitted to the state general fund under subsection
(a)(3) to the build Indiana fund an amount that when added to the
following may not exceed two hundred fifty million dollars
($250,000,000):
(1) Surplus lottery revenues under IC 4-30-17-3.
(2) Surplus revenue from the charity gaming enforcement fund
under IC 4-32.2-7-7.
(3) Tax revenue from pari-mutuel wagering under IC 4-31-9-3.
The treasurer of state shall make transfers on a monthly basis as
needed to meet the obligations of the build Indiana fund. If in any
state fiscal year insufficient money is transferred to the state general
fund under subsection (a)(3) to comply with this subsection, the
treasurer of state shall reduce the amount transferred to the build
Indiana fund to the amount available in the state general fund from
the transfers under subsection (a)(3) for the state fiscal year.
(e) Before August 15 of each year, the treasurer of state shall
distribute the wagering taxes set aside for revenue sharing under
subsection (a)(1) to the county treasurer of each county that does not
have a riverboat according to the ratio that the county's population
bears to the total population of the counties that do not have a
riverboat. Except as provided in subsection (h), the county auditor
shall distribute the money received by the county under this
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subsection as follows:
(1) To each city located in the county according to the ratio the
city's population bears to the total population of the county.
(2) To each town located in the county according to the ratio the
town's population bears to the total population of the county.
(3) After the distributions required in subdivisions (1) and (2)
are made, the remainder shall be retained by the county.
(f) Money received by a city, town, or county under subsection (e)
or (h) may be used for any of the following purposes:
(1) To reduce the property tax levy of the city, town, or county
for a particular year (a property tax reduction under this
subdivision does not reduce the maximum levy of the city,
town, or county under IC 6-1.1-18.5).
(2) For deposit in a special fund or allocation fund created
under IC 8-22-3.5, IC 36-7-14, IC 36-7-14.5, IC 36-7-15.1, and
IC 36-7-30 to provide funding for debt repayment.
(3) To fund sewer and water projects, including storm water
management projects.
(4) For police and fire pensions.
(5) To carry out any governmental purpose for which the money
is appropriated by the fiscal body of the city, town, or county.
Money used under this subdivision does not reduce the property
tax levy of the city, town, or county for a particular year or
reduce the maximum levy of the city, town, or county under
IC 6-1.1-18.5.
(g) Before July 15 of each year, the treasurer of state shall
determine the total amount of money distributed to an entity under
IC 4-33-12-6 or IC 4-33-12-8 during the preceding state fiscal year.
If the treasurer of state determines that the total amount of money
distributed to an entity under IC 4-33-12-6 or IC 4-33-12-8 during the
preceding state fiscal year was less than the entity's base year
revenue (as determined under IC 4-33-12-9), the treasurer of state
shall make a supplemental distribution to the entity from taxes
collected under this chapter and deposited into the state general fund.
Except as provided in subsection (i), the amount of an entity's
supplemental distribution is equal to:
(1) the entity's base year revenue (as determined under
IC 4-33-12-9); minus
(2) the sum of:
(A) the total amount of money distributed to the entity and
constructively received by the entity during the preceding
state fiscal year under IC 4-33-12-6 or IC 4-33-12-8; plus
(B) the amount of any admissions taxes deducted under
IC 6-3.1-20-7.
(h) This subsection applies only to a county containing a
consolidated city. The county auditor shall distribute the money
received by the county under subsection (e) as follows:
(1) To each city, other than a consolidated city, located in the
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county according to the ratio that the city's population bears to
the total population of the county.
(2) To each town located in the county according to the ratio
that the town's population bears to the total population of the
county.
(3) After the distributions required in subdivisions (1) and (2)
are made, the remainder shall be paid in equal amounts to the
consolidated city and the county.
(i) This subsection applies to a supplemental distribution made
after June 30, 2013. The maximum amount of money that may be
distributed under subsection (g) in a state fiscal year is forty-eight
million dollars ($48,000,000). If the total amount determined under
subsection (g) exceeds forty-eight million dollars ($48,000,000), the
amount distributed to an entity under subsection (g) must be reduced
according to the ratio that the amount distributed to the entity under
IC 4-33-12-6 or IC 4-33-12-8 bears to the total amount distributed
under IC 4-33-12-6 and IC 4-33-12-8 to all entities receiving a
supplemental distribution.
(j) This subsection applies to a supplemental distribution, if any,
payable to Lake County, Hammond, Gary, or East Chicago under
subsections (g) and (i). Beginning in July 2016, the treasurer of state
shall, after making any deductions from the supplemental distribution
required by IC 6-3.1-20-7, deduct from the remainder of the
supplemental distribution otherwise payable to the unit under this
section the lesser of:
(1) the remaining amount of the supplemental distribution; or
(2) the difference, if any, between:
(A) three million five hundred thousand dollars
($3,500,000); minus
(B) the amount of admissions taxes constructively received
by the unit in the previous state fiscal year.
The treasurer of state shall distribute the amounts deducted under
this subsection to the northwest Indiana redevelopment authority
established under IC 36-7.5-2-1 for deposit in the development
authority fund established under IC 36-7.5-4-1.
(k) Money distributed to a political subdivision under subsection
(b):
(1) must be paid to the fiscal officer of the political subdivision
and may be deposited in the political subdivision's general fund
or riverboat fund established under IC 36-1-8-9, or both;
(2) may not be used to reduce the maximum levy under
IC 6-1.1-18.5 of a county, city, or town or the maximum tax rate
of a school corporation, but, except as provided in subsection
(b)(2)(B), may be used at the discretion of the political
subdivision to reduce the property tax levy of the county, city,
or town for a particular year;
(3) except as provided in subsection (b)(2)(B), may be used for
any legal or corporate purpose of the political subdivision,
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including the pledge of money to bonds, leases, or other
obligations under IC 5-1-14-4; and
(4) is considered miscellaneous revenue.
Money distributed under subsection (b)(2)(B) must be used for the
purposes specified in subsection (b)(2)(B).
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.2-1995,
SEC.11; P.L.25-1995, SEC.7; P.L.273-1999, SEC.44; P.L.186-2002,
SEC.11; P.L.178-2002, SEC.3; P.L.192-2002(ss), SEC.26;
P.L.185-2003, SEC.1; P.L.92-2003, SEC.55; P.L.224-2003, SEC.47;
P.L.97-2004, SEC.17; P.L.2-2005, SEC.10; P.L.246-2005, SEC.46;
P.L.91-2006, SEC.4; P.L.233-2007, SEC.19; P.L.234-2007,
SEC.281; P.L.3-2008, SEC.14; P.L.146-2008, SEC.18; P.L.96-2010,
SEC.4; P.L.119-2012, SEC.10; P.L.205-2013, SEC.70;
P.L.229-2013, SEC.21; P.L.2-2014, SEC.8; P.L.192-2015, SEC.3;
P.L.255-2015, SEC.18; P.L.204-2016, SEC.6.
IC 4-33-13-5.1
Use of certain funds received under section 5 of chapter;
requirements
Sec. 5.1. Subject to:
(1) the appropriation requirements in IC 6-1.1; and
(2) any agreement entered into by a city, town, or county that
commits the money for a particular purpose;
money received at any time under section 5(d) (currently, section
5(e) or 5(h)) of this chapter may be used after May 7, 2003, for any
purpose authorized by section 5 of this chapter.
As added by P.L.220-2011, SEC.57.
IC 4-33-13-6
Tax revenue paid to local governments
Sec. 6. (a) Money paid to a unit of local government under this
chapter:
(1) must be paid to the fiscal officer of the unit and may be
deposited in the unit's general fund or riverboat fund established
under IC 36-1-8-9, or both;
(2) may not be used to reduce the unit's maximum or actual levy
under IC 6-1.1-18.5; and
(3) may be used for any legal or corporate purpose of the unit,
including the pledge of money to bonds, leases, or other
obligations under IC 5-1-14-4.
(b) This chapter does not prohibit the city or county designated as
the home dock of the riverboat from entering into agreements with
other units of local government in Indiana or in other states to share
the city's or county's part of the tax revenue received under this
chapter.
As added by P.L.277-1993(ss), SEC.124. Amended by P.L.90-1997,
SEC.3.
Indiana Code 2016
IC 4-33-13-7
Deductions for qualified wagering; assignment of deduction
Sec. 7. (a) This section applies to adjusted gross receipts from
wagering on gambling games that occurs after the effective date of
this section, as added by SEA 528-2013.
(b) As used in this section, "qualified wagering" refers to wagers
made by patrons using noncashable vouchers, coupons, electronic
credits, or electronic promotions provided by the licensed owner or
operating agent.
(c) Subject to subsection (d), a licensed owner or operating agent
may at any time during a state fiscal year deduct from the adjusted
gross receipts reported by the licensed owner or operating agent
adjusted gross receipts attributable to qualified wagering. A licensed
owner or operating agent must take a deduction under this section on
a form and in the manner prescribed by the department.
(d) A licensed owner or operating agent may not deduct more than
the following amounts in a particular state fiscal year:
(1) Two million five hundred thousand dollars ($2,500,000) in
a state fiscal year ending before July 1, 2013.
(2) Five million dollars ($5,000,000) in a state fiscal year
beginning after June 30, 2013. and ending before July 1, 2015.
(3) Seven million dollars ($7,000,000) in a state fiscal year
beginning after June 30, 2015.
(e) A licensed owner or operating agent may for a state fiscal year
assign all or part of the amount of the deduction under this section
that is not claimed by the licensed owner or operating agent for the
state fiscal year to another licensed owner, operating agent, or
licensee as defined by IC 4-35-2-7. An assignment under this
subsection must be in writing and both the licensed owner or
operating agent assigning the deduction and the licensed owner,
operating agent, or licensee as defined by IC 4-35-2-7 to which the
deduction is assigned shall report the assignment to the commission
and to the department. The maximum amount that may be assigned
under this subsection by a licensed owner or operating agent for a
state fiscal year is equal to the result of:
(1) seven million dollars ($7,000,000); minus
(2) the amount deducted under this subsection by the licensed
owner or operating agent for the state fiscal year.
As added by P.L.229-2013, SEC.22. Amended by P.L.255-2015,
SEC.19.
Indiana Code 2016
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