N.Y. Comp. Codes R. & Regs. tit. 20 § 95.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 95.2 - Computation of tax

(a) The statutes authorizing race meetings and pari-mutuel betting impose a tax equal to 4 percent of the admission price of tickets sold or otherwise disposed of. With respect to tickets which are sold, the tax is 4 percent of the amount for which they are sold, exclusive of taxes, but in no event less than 4 percent of the minimum charge, exclusive of taxes, fixed by the State Racing and Wagering Board. With respect to tickets which are disposed of otherwise than by sale, the tax is 4 percent of the amount for which similar tickets are sold, that is, tickets for admission to the same place or accommodations at the same time. If similar tickets are sold to some purchasers at a price higher than the price charged to others, the tax on tickets disposed of otherwise than by sale is 4 percent of the highest price for which any similar tickets are sold by the licensee.

(b) Where stockholders or members of any licensee or of any other organization are admitted upon payment of an amount less than the price for which tickets are sold to other persons, the tax applies to the amount so paid by them for admission, whether it is designated as an admission price, service charge or otherwise, but the tax does not apply to the amount paid for stock or membership in the licensee or other organization.

(c) The tax applies regardless of whether or not tickets in the usual form are sold. For example, the price paid for admission through a turnstile, without the issuance of a ticket, is subject to tax. Passes, cards, badges or the like, which give the holder a right to admission, are deemed tickets for the purposes of the tax and of these regulations, whether they are sold or disposed of otherwise than by sale, except that the tax does not apply to tax-free passes, cards or badges issued pursuant to rules or regulations of the State Racing and Wagering Board to persons authorized by statute to receive them.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 95.2