205 CMR, § 238.15

Current through Register 1523, June 7, 2024
Section 238.15 - Taxation Requirements
(1) The Sports Wagering Operator shall comply with all applicable tax laws and regulations including, without limitation, laws and regulations applicable to tax withholding, and providing information about payouts and with holdings to taxing authorities and to patrons. A system of Internal Controls submitted by a Sports Wagering Operator in accordance with 205 CMR 238.02 shall ensure compliance with all Internal Revenue Service (IRS) requirements. The Sports Wagering Operator shall make tax with holdings and provide tax and revenue reporting as required by the IRS and Department of Revenue.
(2) The Sports Wagering Operator shall disclose potential tax liabilities to patrons at the time of award of any payout in excess of limits set by the IRS, whether such payouts are made at a Gaming Establishment, Sports Wagering Facility or via a Sports Wagering Platform. Such disclosures shall include a statement that the obligation to pay applicable taxes on payouts is the responsibility of the patron and that failure to pay applicable tax liabilities may result in civil penalties or criminal liability. Upon written request, the Sports Wagering Operator shall provide patrons with summarized tax information on the patrons' Sports Wagering activities.

205 CMR, § 238.15

Adopted by Mass Register Issue 1486, eff. 12/21/2022 (EMERGENCY).
Amended by Mass Register Issue 1492, eff. 3/9/2023 (EMERGENCY).
Amended by Mass Register Issue 1494, eff. 3/9/2023 (COMPLIANCE).
Amended by Mass Register Issue 1498, eff. 6/7/2023 (EMERGENCY).
Amended by Mass Register Issue 1503, eff. 6/7/2023 (COMPLIANCE).
Amended by Mass Register Issue 1523, eff. 6/7/2024.