Section 10056 - Tax on pari-mutuel and totalizator pools; special fund(a) Every person engaged in the business of conducting a harness racing meet under this chapter shall pay as a tax to this State an amount equal to 3/4 of 1 percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day prior to January 1, 1981, on any and every racetrack licensed under this chapter and on all races that day at such tracks during any such day when a pari-mutuel racing meet (not including daytime thoroughbred racing) is being conducted outside this State within 75 miles of such person's harness racing meet.(b) Every person engaged in the business of conducting a harness racing meet under this chapter shall pay as a tax to this State a percentage of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day prior to January 1, 1981, on any and every racetrack licensed under this chapter and on all races that day at such track during any such day when no pari-mutuel racing meet (not including daytime thoroughbred racing) is being conducted within 75 miles of such person's harness racing meet. The percentage of such pari-mutuel and totalizator pools to be paid as such tax shall be as follows:
(1) Three-quarters of 1 percent of the first $400,000 of daily contributions to such pools or any portion thereof; plus(2) Three percent of daily contributions to such pools in excess of $400,000 up to $600,000; plus(3) Five and one-half percent of daily contributions to such pools in excess of $600,000.(c) On each racing day to which subsection (b) of this section is applicable when the total contributions to all pari-mutuel and totalizator pools conducted or made at any racetrack licensed under this chapter exceed $400,000, every person engaged in the business of conducting a racing meet under this chapter shall pay as an additional tax to this State: (1) Two percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every racetrack licensed under this chapter where the patron is required to select 2 or more horses in a single race having a field of 8 or less horses declared "in to go" by the track judges or where the patron is required to select 2 or more horses in more than 1 race where all of such races have a field of 8 or less horses declared "in to go" by the track judges.(2) Four percent of the total contributions to all pari-mutuel and totalizator pools conducted or made on each racing day on any and every racetrack licensed under this chapter where the patron is required to select 2 or more horses in a single race having a field of 9 or more horses declared "in to go" by the track judges or where the patron is required to select 2 or more horses in more than 1 race where either 1 or more of such races has a field of 9 or more horses declared "in to go" by the track judges. (3) One half of the odd cents of all redistributions to be made on pari-mutuel or totalizator pool contributions exceeding the sum equal to the lowest multiple of 10, such odd cents to be calculated on the basis of each dollar wagered. If a minus pool is created, the break shall be to the lowest multiple of 5.(d) The State Treasurer shall deposit the money received pursuant to subsections (a), (b) and (c) of this section in the General Fund of this State. In addition (except as hereinafter provided), every person engaged in the business of conducting a harness race meet under this chapter shall pay an amount equal to 1/2 of 1 percent of all contributions to all pari-mutuel and totalizator pools conducted or made on any and every racetrack licensed under this chapter and every race at such track, and the State Treasurer shall deposit such amount to a special fund called the "Delaware Standardbred Development Fund." All fees received pursuant to §§564(b) and 567 of Title 28 shall also be deposited to said special fund. Said special fund shall be administered pursuant to subchapter V of Chapter 5 of Title 28.(e) Where the total contributions to pari-mutuel and totalizator pools conducted or made at a racing meet or meets during any fiscal year of any person licensed under this chapter commencing subsequent to 1978 average $300,000 or less per day during such fiscal year and the licensee conducting such meet or meets sustained a loss before taxes on income for such fiscal year, which loss shall be determined from a certificate from the licensees' independent public accountants and confirmed by the Delaware Harness Racing Commission, the licensee shall not be required to pay the additional amount set forth in subsection (d) of this section, for the meet or meets conducted in the fiscal year immediately following the fiscal year in which the loss occurred, to the extent of the loss sustained in the preceding year, nor shall the licensee be required to increase the base upon which purse money is computed to any amount greater than the base upon which the licensee would have computed the amount of purse money under the law in effect during the licensee's fiscal year ending in 1978.(f) The tax payable under this section shall be computed daily and shall be paid by certified check on a weekly basis. Each check shall be transmitted by the licensee to the Secretary of Finance no later than Wednesday following the week for which the tax is due. Such tax is imposed upon and payable by the licensee and shall not be taken into account in determining the amount of any pari-mutuel or totalizator pool which is available for distribution among the contributors to such pool.45 Del. Laws, c. 303, § 15; 28 Del. C. 1953, § 555; 55 Del. Laws, c. 108, § 1; 56 Del. Laws, c. 156, § 1; 56 Del. Laws, c. 448; 57 Del. Laws, c. 136, § 28; 57 Del. Laws, c. 197; 57 Del. Laws, c. 741, §§ 30C, 30D; 58 Del. Laws, c. 299; 60 Del. Laws, c. 4, §§ 2, 3; 60 Del. Laws, c. 19, § 1; 60 Del. Laws, c. 20, § 1; 60 Del. Laws, c. 113, § 49; 60 Del. Laws, c. 289, § 14; 60 Del. Laws, c. 345, §§ 1-3; 61 Del. Laws, c. 225, § 2; 62 Del. Laws, c. 18, §2; 66 Del. Laws, c. 303, §261 (a).;