§ 1001.8. State Gaming Fund transfers.
(a) Application of section. This section applies to the transfers of moneys to and from the State Gaming Fund.
(b) Quarterly distributions. Quarterly distributions from the State Gaming Fund to counties or municipalities in which a licensed facility is located, as determined by the Board, and as specified in Chapter 14 of the act (relating to revenues), shall be performed in accordance with the Governor’s Management Directive 305.4 (relating to payments to counties), § 1001.5 (relating to administration and distribution of moneys held by licensed gaming entities, certificate holders and the Commonwealth) and the following provisions:
(1) The Department will submit payment requisitions, accompanied by documentation, to the Office of the Budget for payment through Treasury.
(2) The Department will determine the annual inflation adjustment and will publish notice of the inflation adjustment in the Pennsylvania Bulletin by February 1 of each year.
(3) The Department will make distributions quarterly, no later than 30 days following the end of each calendar quarter.
(c) Tax, assessments and credit against tax.
(1) Determinations of gross terminal revenue and the calculations of taxes and other assessments due will be determined by the Department based on the actual calculations by the CCS and the certificate holders’ weekly reports of table game revenue made to the Department.
(2) Except in the case of gross table game revenue which will be self-reported to the Department by the certificate holders, the Department will notify each licensed gaming entity and Treasury of the amount of tax and other assessments due to the Commonwealth.
(3) Each licensed gaming entity and certificate holder shall deposit the amount specified in paragraph (2) into the Department’s Collection Account, in the manner prescribed under § 1001.5(c).
(4) The Department will enter into an agreement with each licensed gaming entity setting forth the terms and conditions of any credit against tax as claimed by the licensed gaming entity.
(5) Taxes and other assessments due as determined by the Department shall remain payable by the licensed gaming entity and certificate holder to the Department in accordance with section 1501(a) of the act (relating to responsibility and authority of department) regardless of any discrepancies between the licensed gaming entity’s and certificate holder’s calculation and that of the Department’s or amounts contested by any party concerning the credit against taxes due. Resolution of disputed payments due will be addressed by the Department through adjustments it makes to its calculation of future payment amounts due. The Department may make adjustments to its calculation of future payment amounts due after resolution of any dispute regarding the amount of taxes due. The Department will provide notice to the Board of the final calculations of taxes due under this subsection.
(6) Any remittance due that is caused by the imposition of the tax or other assessments on nonbanking days as well as holidays shall be remitted by the licensed gaming entity and certificate holder on the next banking day. For example, any tax that has accrued on Independence Day shall be transferred on the following banking day.
(d) Imposition of a penalty. Failure to comply with this section that results in the failure to transmit the requisite amounts to the Department’s Collection Account shall result in the imposition of a penalty of 5% per month up to a maximum of 25% of the amounts due and unpaid by the licensed gaming entity and certificate holder. Payments made by a licensed gaming entity toward delinquent amounts, including penalties, shall be allocated to the licensed gaming entity’s delinquency in accordance with the priority of payments as specified under section 209 of the Taxpayers’ Bill of Rights (72 P. S. § 3310-209).
Source The provisions of this § 1001.8 amended December 31, 2010, effective January 1, 2011, 41 Pa.B. 41. Immediately preceding text appears at serial pages (341507) and (328803).
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