N.Y. Comp. Codes R. & Regs. tit. 20 § 97.2

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

Section 97.2 - Taxes on pari-mutuel wagering

(a) In addition to the admissions taxes enumerated in section 97.1 of this Part, sections 228, 229, 233, 318, 418, 527, 905, 905- a, 906, 1007, 1008, 1009, 1015, 1016, 1017 and 1017-a of the New York State Racing, Pari-Mutuel Wagering and Breeding Law impose taxes for the privilege of conducting on and off-track pari-mutuel betting on races run at running, harness and quarter horse race meetings and for the privilege of simulcasting certain races as provided therein.

(b)

(1) Except as otherwise provided in the Racing, Pari-Mutuel Wagering and Breeding Law, the taxes imposed by or pursuant to the sections of such law enumerated in subdivision (a) of this section upon nonprofit racing associations, racing associations and corporations, and off-track betting corporations shall be paid to the Commissioner of Taxation and Finance on the last business day of each month and shall cover taxes due for the period from the 16th day of the preceding month through the 15th day of the current month; provided, however, that such payments required to be made on March 31st shall include all taxes due accruing through the last full week of racing in March of the current year or as otherwise determined by the commissioner.

(2) For payments to the department of sums due on account of pari-mutuel tickets not presented for payment by ticket holders, see sections 232, 328, 426 and 529 of the Racing, Pari-Mutuel Wagering and Breeding Law.

(c) The payment of pari-mutuel tax must be accompanied by a report showing the total amount of tax due and such other information as the department may require therein. These reports must be filed in a timely manner, and in such form and by such means as may be prescribed by the Commissioner of Taxation and Finance. Such reports may be filed or may be required to be filed by electronic means, provided annual reconciliations are filed with the department on or before January 20th of each year.

(d) If the applicable pari-mutuel tax is not paid when due, a penalty of five percent and interest at the rate of one percent per month from the due date to the date of payment of the tax shall be payable to the department.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 97.2