Bill Text: MS SB2061 | 2010 | Regular Session | Introduced
Bill Title: Income tax; tax amounts paid gaming patrons that are not subject to reporting requirements of the Internal Revenue Code.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-24 - Died In Committee [SB2061 Detail]
Download: Mississippi-2010-SB2061-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Finance
By: Senator(s) Fillingane
Senate Bill 2061
AN ACT TO AMEND SECTIONS 27-7-901 AND 27-7-903, MISSISSIPPI CODE OF 1972, TO IMPOSE A TAX ON AMOUNTS PAID TO GAMING PATRONS BY GAMING ESTABLISHMENTS THAT ARE NOT SUBJECT TO THE WITHHOLDING OR REPORTING REQUIREMENTS OF THE INTERNAL REVENUE CODE; TO REQUIRE THAT THE REVENUE COLLECTED AS A RESULT OF SUCH TAX SHALL BE DEPOSITED INTO THE MISSISSIPPI TRAUMA CARE SYSTEMS FUND; 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) (a) There is hereby levied, assessed and shall be collected a tax of three percent (3%) 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.
(b) As used in this subsection, "amounts that are paid or credited" means amounts or credits that are subject to the withholding or reporting requirements of the Internal Revenue Code.
(2) In addition to the tax levied in subsection (1) of this section, there is hereby levied, assessed and shall be collected a tax of three percent (3%) upon amounts that are paid or credited by gaming establishments licensed under the provisions of the Mississippi Gaming Control Act to their patrons that are not taxed pursuant to subsection (1) of this section. 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. Revenue collected pursuant to this subsection shall be deposited into the Mississippi Trauma Care Systems Fund created pursuant to Section 41-59-75.
(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) (a) 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 three percent (3%) 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(1) 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.
(b) As used in this subsection, "amounts that are paid or credited" means amounts or credits that are subject to the withholding or reporting requirements of the Internal Revenue Code.
(2) In addition to the tax levied in subsection (1) of this section, 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 three percent (3%) of the amounts that are paid or credited to such patrons by the gaming establishment that are not taxed pursuant to subsection (1) of this section, which tax is the same in kind and rate as has heretofore been imposed pursuant to Section 27-7-901(2) 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. Revenue collected pursuant to this subsection shall be deposited into the Mississippi Trauma Care Systems Fund created pursuant to Section 41-59-75.
(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, 2010.
