Section 296-7.009 - TAX REPORTING AND PAYMENT7.009.01 Each Authorized Gaming Operator is subject to tax and fee liability assessment for each Gaming Day for the applicable gaming tax as imposed under the Act.7.009.02 Gaming Taxes will be paid via an electronic funds transfer system employing an Automated Clearinghouse Debit method (ACH-Debit). Each Authorized Gaming Operator licensee and manager will maintain an account with sufficient funds to pay, in a timely fashion, all tax and fee liabilities due under the Act. The account will be maintained at a financial institution capable of making payments to the State under the electronic funds transfer requirements imposed by the State.7.009.03 Gaming Tax liability will be established on the basis of a Gaming Day. Each Authorized Gaming Operator licensee will select, with the approval of the Executive Director, a 24-hour cycle to be defined as the uniform Gaming Day for that Authorized Gaming Operator licensee. A Gaming Day may begin on one calendar day and end the next calendar day, provided that the Gaming Day does not extend beyond the uniform 24-hour period selected in advance by the Authorized Gaming Operator licensee.7.009.04 The Executive Director will prescribe and make available to each Authorized Gaming Operator licensee and manager forms, instructions and reporting requirements for gaming Taxes.7.009.05 All moneys collected for and owed to the Commission or state of Nebraska under the Gaming Tax imposed by the Act will be accounted for and itemized on a weekly basis in a format approved by the Commission. Each day on the report will be an accurate representation of the day's gaming transactions and play. A week will begin on Monday and end on Sunday.7.009.06 The reporting form must be received in the Commission office by noon on Wednesday following the week's end. The moneys owed, according to the reporting form, must be received in the treasurer's office by 11 a.m. on the Thursday following the week's end.7.009.07 Tax and Fee Schedules will include all information necessary for adjustments and reconciliation of tax and fee liability and will be subject to audit by the Commission and its audit agents. Adjustments to previously reported tax and fee information will be made by the Authorized Gaming Operator, except that no adjustment of $25,000 or more will be made to previously reported Gross receipts without the prior written approval of the Executive Director or the Executive Director's designee, which will be reported to the Commission in writing.7.009.08 In the event that a Tax and Fee Schedule for a specific Gaming Day properly reflects a net wagering loss experienced by the Authorized Gaming Operator, an adjustment for the amount of any remaining net wagering loss (negative Gross receipts) will be carried forward on the subsequent Tax and Fee Schedules until such loss is offset by Gaming win (positive Gross receipts).7.009.09 All Gaming Taxes paid pursuant to the requirements of the Act will be collected by the Commission and remitted to the State Treasurer or county treasurer as required by Nebraska law.7.009.10 An Authorized Gaming Operator's failure to comply with the provisions of this Section may subject the owner licensee or manager to penalty and interest amounts pursuant to Section 9-1206. The Authorized Gaming Operator will be notified by the Commission in writing of any penalty or interest payable because of a late tax schedule filing or late tax payment. The Authorized Gaming Operator may, within 10 business days after receiving the notice, file a written request for a waiver with the Commission. The Commission will act on the request for waiver and notify the Authorized Gaming Operator in writing of the decision within 15 calendar days after receiving the request. If the Commission fails to act within the 15-day period the waiver is deemed granted. If the Commission denies the request for waiver the Authorized Gaming Operator may ask the Commission for a hearing. The request for hearing must be in writing and filed not later than 15 calendar days after receipt of the notice of denial. A hearing under this Section is not a disciplinary hearing.296 Neb. Admin. Code, ch. 7, § 296-7.009
Adopted effective 5/16/2022Amended effective 2/1/2023