State Codes and Statutes

Statutes > New-york > Pml > Article-2 > 238

§ 238. Disposition of pari-mutuel pools of the franchised corporation;  percentage  payable  to state as a tax; authority of counties or certain  cities to impose a tax. 1. * (a) The franchised  corporation  authorized  under  this  chapter to conduct pari-mutuel betting at a race meeting or  races run thereat shall distribute all sums deposited in any pari-mutuel  pool to the holders of winning tickets therein, provided such tickets be  presented for payment before April first of the year following the  year  of  their  purchase,  less  an  amount  which  shall  be established and  retained by such franchised corporation of between sixteen to  seventeen  per  centum  of  the  total  deposits  in  pools resulting from on-track  regular bets, and eighteen and one-half to twenty-one per centum of  the  total  deposits  in  pools  resulting  from  on-track  multiple bets and  twenty-six per centum of the total  deposits  in  pools  resulting  from  on-track  exotic  bets and sixteen to thirty-six per centum of the total  deposits in  pools  resulting  from  on-track  super  exotic  bets,  and  twenty-six  to  thirty-six  per  centum  when such on-track super exotic  betting pools are carried forward, plus the breaks. The  retention  rate  to  be  established  is  subject to the prior approval of the racing and  wagering board. Such rate may not be changed more than once per calendar  quarter to be effective on  the  first  day  of  the  calendar  quarter.  "Exotic  bets"  and "multiple bets" shall have the meanings set forth in  section five hundred nineteen of this chapter. "Super exotic bets" shall  have the meaning set forth in section three hundred one of this chapter.  For purposes of this section, a "pick six bet" shall mean a  single  bet  or  wager on the outcomes of six races. The breaks are hereby defined as  the odd cents over any multiple of five for  payoffs  greater  than  one  dollar  five  cents but less than five dollars, over any multiple of ten  for payoffs greater than five dollars but less than twenty-five dollars,  over any multiple of twenty-five for payoffs  greater  than  twenty-five  dollars but less than two hundred fifty dollars, or over any multiple of  fifty  for  payoffs over two hundred fifty dollars. Out of the amount so  retained there shall be paid  by  such  franchised  corporation  to  the  commissioner  of  taxation and finance, as a reasonable tax by the state  for the privilege of conducting pari-mutuel betting on the races run  at  the  race  meetings  held  by such franchised corporation, the following  percentages of the total pool for regular and  multiple  bets  five  per  centum  of regular bets and four per centum of multiple bets plus twenty  per centum of the breaks; for  exotic  wagers  seven  and  one-half  per  centum  plus  twenty per centum of the breaks, and for super exotic bets  seven and one-half per centum plus fifty per centum of the  breaks.  For  the  period  June  first, nineteen hundred ninety-five through September  ninth, nineteen hundred ninety-nine, such tax on regular wagers shall be  three per centum and such tax  on  multiple  wagers  shall  be  two  and  one-half  per  centum,  plus  twenty  per  centum of the breaks. For the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such tax on all wagers shall be two and  six-tenths per centum and for the period April first, two  thousand  one  through  December  thirty-first,  two  thousand  eleven, such tax on all  wagers shall be one and  six-tenths  per  centum,  plus,  in  each  such  period,  twenty  per centum of the breaks. Payment to the New York state  thoroughbred  breeding  and  development   fund   by   such   franchised  corporation  shall be one-half of one per centum of total daily on-track  pari-mutuel pools resulting from regular, multiple and exotic  bets  and  three  per  centum  of super exotic bets provided, however, that for the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such payment shall be six-tenths of one  per centum of regular, multiple and exotic  pools  and  for  the  period  April  first,  two  thousand  one  through  December  thirty-first,  twothousand eleven, such payment shall be seven-tenths of one per centum of  such pools.    * NB Effective until September 15, 2010    *   (a)  The  franchised  corporation authorized under this chapter to  conduct pari-mutuel betting at a race meeting or races run thereat shall  distribute all sums deposited in any pari-mutuel pool to the holders  of  winning  tickets therein, provided such tickets be presented for payment  before April first of the year following the  year  of  their  purchase,  less  an  amount  which  shall  be  established  and  retained  by  such  franchised corporation of between twelve to seventeen per centum of  the  total  deposits  in  pools  resulting  from  on-track  regular bets, and  fourteen to twenty-one  per  centum  of  the  total  deposits  in  pools  resulting  from  on-track  multiple  bets and fifteen to twenty-five per  centum of the total deposits in pools  resulting  from  on-track  exotic  bets and fifteen to thirty-six per centum of the total deposits in pools  resulting  from  on-track  super  exotic  bets,  plus  the  breaks.  The  retention rate to be established is subject to the prior approval of the  racing and wagering board. Such rate may not be changed more  than  once  per  calendar  quarter  to be effective on the first day of the calendar  quarter. "Exotic bets" and "multiple bets" shall have the  meanings  set  forth  in  section  five hundred nineteen of this chapter. "Super exotic  bets" shall have the meaning set forth in section three hundred  one  of  this  chapter. For purposes of this section, a "pick six bet" shall mean  a single bet or wager on the outcomes  of  six  races.  The  breaks  are  hereby  defined  as  the odd cents over any multiple of five for payoffs  greater than one dollar five cents but less than five dollars, over  any  multiple  of  ten  for  payoffs  greater than five dollars but less than  twenty-five dollars,  over  any  multiple  of  twenty-five  for  payoffs  greater  than  twenty-five  dollars  but  less  than  two  hundred fifty  dollars, or over any multiple of fifty  for  payoffs  over  two  hundred  fifty dollars. Out of the amount so retained there shall be paid by such  franchised corporation to the commissioner of taxation and finance, as a  reasonable  tax by the state for the privilege of conducting pari-mutuel  betting on the races run at the race meetings held  by  such  franchised  corporation, the following percentages of the total pool for regular and  multiple  bets  five  per  centum of regular bets and four per centum of  multiple bets plus twenty per centum of the breaks;  for  exotic  wagers  seven  and one-half per centum plus twenty per centum of the breaks, and  for super exotic bets seven and  one-half  per  centum  plus  fifty  per  centum  of  the  breaks.  For  the  period  June first, nineteen hundred  ninety-five through September ninth, nineteen hundred ninety-nine,  such  tax on regular wagers shall be three per centum and such tax on multiple  wagers  shall  be two and one-half per centum, plus twenty per centum of  the breaks. For the period September tenth, nineteen hundred ninety-nine  through March thirty-first, two thousand one, such  tax  on  all  wagers  shall  be  two and six-tenths per centum and for the period April first,  two thousand one through December  thirty-first,  two  thousand  eleven,  such  tax on all wagers shall be one and six-tenths per centum, plus, in  each such period, twenty per centum of the breaks. Payment  to  the  New  York state thoroughbred breeding and development fund by such franchised  corporation  shall be one-half of one per centum of total daily on-track  pari-mutuel pools resulting from regular, multiple and exotic  bets  and  three  per  centum  of super exotic bets provided, however, that for the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such payment shall be six-tenths of one  per centum of regular, multiple and exotic  pools  and  for  the  period  April  first,  two  thousand  one  through  December  thirty-first,  twothousand eleven, such payment shall be seven-tenths of one per centum of  such pools.    * NB Effective September 15, 2010    (b)  An  amount equal to fifty per centum of any compensation received  by a franchised corporation from simulcasting or from wagering conducted  outside the United States or outside  New  York  state  and  within  the  United  States  shall  be  distributed to purses, except with respect to  such compensation received from Connecticut which shall be computed as a  percentage of wagering handle in a manner approved by the  state  racing  and wagering board.    (c)  An  amount equal to fifty per centum of any compensation received  by  the  franchised  corporation  from  simulcasting  or  from  wagering  conducted outside the United States shall be distributed to purses.    (d)  The  pari-mutuel  tax  rate  authorized  by paragraph (a) of this  subdivision shall be effective  so  long  as  a  franchised  corporation  notifies  the racing and wagering board by August fifteenth of each year  that such pari-mutuel tax rate is effective of its intent to  conduct  a  race  meeting  at  Aqueduct  racetrack  during  the  months of December,  January, February, March and April. For purposes of this paragraph  such  race  meeting shall consist of not less than ninety-five days of racing.  Not later than May first of each year that such pari-mutuel tax rate  is  effective,  the racing and wagering board shall determine whether a race  meeting at Aqueduct  racetrack  consisted  of  the  number  of  days  as  required  by  this  paragraph.  In  determining the number of race days,  cancellation of a race day because of an act of God,  which  the  racing  and  wagering  board  approves or because of weather conditions that are  unsafe or hazardous which the racing and wagering board  approves  shall  not  be  construed  as  a  failure  to conduct a race day. Additionally,  cancellation of a race day because of circumstances beyond  the  control  of  such  franchised corporation for which the racing and wagering board  gives approval shall not be construed as a failure  to  conduct  a  race  day. If the racing and wagering board determines that the number of days  of  racing  as  required  by  this  paragraph have not occurred then the  pari-mutuel tax rate in paragraph (a) of this subdivision  shall  revert  to  the pari-mutuel tax rates in effect prior to January first, nineteen  hundred ninety-five. Such franchised corporation shall pay to the racing  and wagering board as a regulatory fee,  which  fee  is  hereby  levied,  fifty  hundredths  of  one  per  centum  of  the  total  daily  on-track  pari-mutuel pools of such franchised corporation.    2. a. Subject to the provisions of this section the  payment  of  such  state  tax  shall be made 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  sixteenth  day  of  the  preceding  month through the  fifteenth day of the current month provided, however, that such payments  required to be made on March thirty-first shall include  all  taxes  due  and  accruing  through  the  last  full  week  of racing in March of the  current year or as otherwise determined by the commissioner,  and  shall  be  accompanied  by a report under oath, showing such information as the  commissioner may require. A penalty of five per centum and  interest  at  the  rate  of  one  per  centum  per  month  from the date the report is  required to be filed to the date of the payment  of  the  tax  shall  be  payable in case any tax imposed by this section is not paid when due. If  the commissioner determines that any moneys received by the commissioner  under  this  section  were paid in error, the commissioner may cause the  same to be  refunded  without  interest  out  of  any  moneys  collected  thereunder,   provided   an  application  therefor  is  filed  with  the  commissioner within one year from the time  the  erroneous  payment  was  made.  Such  taxes,  interest  and  penalties  when collected, after thededuction of refunds of taxes erroneously paid, shall  be  paid  by  the  commissioner into the general fund of the state treasury.    b.  The  balance  of  the  retained percentage of such pool and of the  breaks shall be held by such franchised corporation  for  its  corporate  purposes, except as provided in paragraph c of this subdivision.    c.  An  amount  equal to three per centum of the total pools resulting  from on-track regular bets and an amount equal to four per centum of the  total pools resulting from on-track multiple and exotic bets, and twelve  per centum of the total pools resulting from super exotic bets shall  be  used  exclusively  for  purses  (including  stakes, premiums and prizes)  awarded in races conducted  by  such  franchised  corporation  provided,  however, that during the period June first, nineteen hundred ninety-five  through  September ninth, nineteen hundred ninety-nine, such amounts for  on-track regular and on-track multiple bets shall be two and thirty-five  hundredths per centum and five and one-half  per  centum,  respectively.  During  the period September tenth, nineteen hundred ninety-nine through  March thirty-first, two thousand one, such amounts for on-track regular,  multiple and exotic bets shall be five and four  hundredths  per  centum  and   for  the  period  April  first,  two  thousand  one  through  July  twenty-fourth, two thousand one and after June thirtieth,  two  thousand  four, such amount for such bets shall be five and ninety-four hundredths  per  centum and on and after July twenty-fifth, two thousand one through  June thirtieth, two thousand four, such amounts for  all  on-track  bets  shall  be  five and forty hundredths per centum. Any portion of such per  centum not so used during any year shall be so used during the following  year,  failing  which  it  shall  be  payable  to  the  commissioner  as  additional  tax. Such additional tax shall be payable on or before April  first in the year following the year in which it is not so used and  the  provisions  of  paragraph  a  of  this  subdivision  shall be applicable  thereto except as to the time of payment.    3. No county, city, town, village or other  political  subdivision  of  the state may impose, levy or collect a tax on admission fees or tickets  of  admission,  on  wagers  made  by patrons in the form of purchases of  pari-mutuel tickets or upon  such  tickets,  on  pari-mutuel  pools,  on  breaks,  on dividends or payments made to winning bettors, or on revenue  retained by the franchised corporation, except  as  provided  in  former  article two-B of the general city law, and as otherwise provided in this  chapter.    4.   Notwithstanding  any  inconsistent  provision  of  this  chapter,  whenever the franchised corporation operates the Breeder's Cup  Meet  at  one  of  its racing facilities, such franchised corporation shall not be  required to pay to the department of taxation and  finance  pursuant  to  this  section  the  pari-mutuel  tax  on  the  pari-mutuel pools of such  franchised corporation's races during the Breeder's Cup  Meet.  For  the  purposes  of  this  subdivision, the Breeder's Cup Meet shall consist of  three days:  the day on which the Breeder's Cup races are conducted, the  day preceding such races and the day subsequent to such races.

State Codes and Statutes

Statutes > New-york > Pml > Article-2 > 238

§ 238. Disposition of pari-mutuel pools of the franchised corporation;  percentage  payable  to state as a tax; authority of counties or certain  cities to impose a tax. 1. * (a) The franchised  corporation  authorized  under  this  chapter to conduct pari-mutuel betting at a race meeting or  races run thereat shall distribute all sums deposited in any pari-mutuel  pool to the holders of winning tickets therein, provided such tickets be  presented for payment before April first of the year following the  year  of  their  purchase,  less  an  amount  which  shall  be established and  retained by such franchised corporation of between sixteen to  seventeen  per  centum  of  the  total  deposits  in  pools resulting from on-track  regular bets, and eighteen and one-half to twenty-one per centum of  the  total  deposits  in  pools  resulting  from  on-track  multiple bets and  twenty-six per centum of the total  deposits  in  pools  resulting  from  on-track  exotic  bets and sixteen to thirty-six per centum of the total  deposits in  pools  resulting  from  on-track  super  exotic  bets,  and  twenty-six  to  thirty-six  per  centum  when such on-track super exotic  betting pools are carried forward, plus the breaks. The  retention  rate  to  be  established  is  subject to the prior approval of the racing and  wagering board. Such rate may not be changed more than once per calendar  quarter to be effective on  the  first  day  of  the  calendar  quarter.  "Exotic  bets"  and "multiple bets" shall have the meanings set forth in  section five hundred nineteen of this chapter. "Super exotic bets" shall  have the meaning set forth in section three hundred one of this chapter.  For purposes of this section, a "pick six bet" shall mean a  single  bet  or  wager on the outcomes of six races. The breaks are hereby defined as  the odd cents over any multiple of five for  payoffs  greater  than  one  dollar  five  cents but less than five dollars, over any multiple of ten  for payoffs greater than five dollars but less than twenty-five dollars,  over any multiple of twenty-five for payoffs  greater  than  twenty-five  dollars but less than two hundred fifty dollars, or over any multiple of  fifty  for  payoffs over two hundred fifty dollars. Out of the amount so  retained there shall be paid  by  such  franchised  corporation  to  the  commissioner  of  taxation and finance, as a reasonable tax by the state  for the privilege of conducting pari-mutuel betting on the races run  at  the  race  meetings  held  by such franchised corporation, the following  percentages of the total pool for regular and  multiple  bets  five  per  centum  of regular bets and four per centum of multiple bets plus twenty  per centum of the breaks; for  exotic  wagers  seven  and  one-half  per  centum  plus  twenty per centum of the breaks, and for super exotic bets  seven and one-half per centum plus fifty per centum of the  breaks.  For  the  period  June  first, nineteen hundred ninety-five through September  ninth, nineteen hundred ninety-nine, such tax on regular wagers shall be  three per centum and such tax  on  multiple  wagers  shall  be  two  and  one-half  per  centum,  plus  twenty  per  centum of the breaks. For the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such tax on all wagers shall be two and  six-tenths per centum and for the period April first, two  thousand  one  through  December  thirty-first,  two  thousand  eleven, such tax on all  wagers shall be one and  six-tenths  per  centum,  plus,  in  each  such  period,  twenty  per centum of the breaks. Payment to the New York state  thoroughbred  breeding  and  development   fund   by   such   franchised  corporation  shall be one-half of one per centum of total daily on-track  pari-mutuel pools resulting from regular, multiple and exotic  bets  and  three  per  centum  of super exotic bets provided, however, that for the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such payment shall be six-tenths of one  per centum of regular, multiple and exotic  pools  and  for  the  period  April  first,  two  thousand  one  through  December  thirty-first,  twothousand eleven, such payment shall be seven-tenths of one per centum of  such pools.    * NB Effective until September 15, 2010    *   (a)  The  franchised  corporation authorized under this chapter to  conduct pari-mutuel betting at a race meeting or races run thereat shall  distribute all sums deposited in any pari-mutuel pool to the holders  of  winning  tickets therein, provided such tickets be presented for payment  before April first of the year following the  year  of  their  purchase,  less  an  amount  which  shall  be  established  and  retained  by  such  franchised corporation of between twelve to seventeen per centum of  the  total  deposits  in  pools  resulting  from  on-track  regular bets, and  fourteen to twenty-one  per  centum  of  the  total  deposits  in  pools  resulting  from  on-track  multiple  bets and fifteen to twenty-five per  centum of the total deposits in pools  resulting  from  on-track  exotic  bets and fifteen to thirty-six per centum of the total deposits in pools  resulting  from  on-track  super  exotic  bets,  plus  the  breaks.  The  retention rate to be established is subject to the prior approval of the  racing and wagering board. Such rate may not be changed more  than  once  per  calendar  quarter  to be effective on the first day of the calendar  quarter. "Exotic bets" and "multiple bets" shall have the  meanings  set  forth  in  section  five hundred nineteen of this chapter. "Super exotic  bets" shall have the meaning set forth in section three hundred  one  of  this  chapter. For purposes of this section, a "pick six bet" shall mean  a single bet or wager on the outcomes  of  six  races.  The  breaks  are  hereby  defined  as  the odd cents over any multiple of five for payoffs  greater than one dollar five cents but less than five dollars, over  any  multiple  of  ten  for  payoffs  greater than five dollars but less than  twenty-five dollars,  over  any  multiple  of  twenty-five  for  payoffs  greater  than  twenty-five  dollars  but  less  than  two  hundred fifty  dollars, or over any multiple of fifty  for  payoffs  over  two  hundred  fifty dollars. Out of the amount so retained there shall be paid by such  franchised corporation to the commissioner of taxation and finance, as a  reasonable  tax by the state for the privilege of conducting pari-mutuel  betting on the races run at the race meetings held  by  such  franchised  corporation, the following percentages of the total pool for regular and  multiple  bets  five  per  centum of regular bets and four per centum of  multiple bets plus twenty per centum of the breaks;  for  exotic  wagers  seven  and one-half per centum plus twenty per centum of the breaks, and  for super exotic bets seven and  one-half  per  centum  plus  fifty  per  centum  of  the  breaks.  For  the  period  June first, nineteen hundred  ninety-five through September ninth, nineteen hundred ninety-nine,  such  tax on regular wagers shall be three per centum and such tax on multiple  wagers  shall  be two and one-half per centum, plus twenty per centum of  the breaks. For the period September tenth, nineteen hundred ninety-nine  through March thirty-first, two thousand one, such  tax  on  all  wagers  shall  be  two and six-tenths per centum and for the period April first,  two thousand one through December  thirty-first,  two  thousand  eleven,  such  tax on all wagers shall be one and six-tenths per centum, plus, in  each such period, twenty per centum of the breaks. Payment  to  the  New  York state thoroughbred breeding and development fund by such franchised  corporation  shall be one-half of one per centum of total daily on-track  pari-mutuel pools resulting from regular, multiple and exotic  bets  and  three  per  centum  of super exotic bets provided, however, that for the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such payment shall be six-tenths of one  per centum of regular, multiple and exotic  pools  and  for  the  period  April  first,  two  thousand  one  through  December  thirty-first,  twothousand eleven, such payment shall be seven-tenths of one per centum of  such pools.    * NB Effective September 15, 2010    (b)  An  amount equal to fifty per centum of any compensation received  by a franchised corporation from simulcasting or from wagering conducted  outside the United States or outside  New  York  state  and  within  the  United  States  shall  be  distributed to purses, except with respect to  such compensation received from Connecticut which shall be computed as a  percentage of wagering handle in a manner approved by the  state  racing  and wagering board.    (c)  An  amount equal to fifty per centum of any compensation received  by  the  franchised  corporation  from  simulcasting  or  from  wagering  conducted outside the United States shall be distributed to purses.    (d)  The  pari-mutuel  tax  rate  authorized  by paragraph (a) of this  subdivision shall be effective  so  long  as  a  franchised  corporation  notifies  the racing and wagering board by August fifteenth of each year  that such pari-mutuel tax rate is effective of its intent to  conduct  a  race  meeting  at  Aqueduct  racetrack  during  the  months of December,  January, February, March and April. For purposes of this paragraph  such  race  meeting shall consist of not less than ninety-five days of racing.  Not later than May first of each year that such pari-mutuel tax rate  is  effective,  the racing and wagering board shall determine whether a race  meeting at Aqueduct  racetrack  consisted  of  the  number  of  days  as  required  by  this  paragraph.  In  determining the number of race days,  cancellation of a race day because of an act of God,  which  the  racing  and  wagering  board  approves or because of weather conditions that are  unsafe or hazardous which the racing and wagering board  approves  shall  not  be  construed  as  a  failure  to conduct a race day. Additionally,  cancellation of a race day because of circumstances beyond  the  control  of  such  franchised corporation for which the racing and wagering board  gives approval shall not be construed as a failure  to  conduct  a  race  day. If the racing and wagering board determines that the number of days  of  racing  as  required  by  this  paragraph have not occurred then the  pari-mutuel tax rate in paragraph (a) of this subdivision  shall  revert  to  the pari-mutuel tax rates in effect prior to January first, nineteen  hundred ninety-five. Such franchised corporation shall pay to the racing  and wagering board as a regulatory fee,  which  fee  is  hereby  levied,  fifty  hundredths  of  one  per  centum  of  the  total  daily  on-track  pari-mutuel pools of such franchised corporation.    2. a. Subject to the provisions of this section the  payment  of  such  state  tax  shall be made 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  sixteenth  day  of  the  preceding  month through the  fifteenth day of the current month provided, however, that such payments  required to be made on March thirty-first shall include  all  taxes  due  and  accruing  through  the  last  full  week  of racing in March of the  current year or as otherwise determined by the commissioner,  and  shall  be  accompanied  by a report under oath, showing such information as the  commissioner may require. A penalty of five per centum and  interest  at  the  rate  of  one  per  centum  per  month  from the date the report is  required to be filed to the date of the payment  of  the  tax  shall  be  payable in case any tax imposed by this section is not paid when due. If  the commissioner determines that any moneys received by the commissioner  under  this  section  were paid in error, the commissioner may cause the  same to be  refunded  without  interest  out  of  any  moneys  collected  thereunder,   provided   an  application  therefor  is  filed  with  the  commissioner within one year from the time  the  erroneous  payment  was  made.  Such  taxes,  interest  and  penalties  when collected, after thededuction of refunds of taxes erroneously paid, shall  be  paid  by  the  commissioner into the general fund of the state treasury.    b.  The  balance  of  the  retained percentage of such pool and of the  breaks shall be held by such franchised corporation  for  its  corporate  purposes, except as provided in paragraph c of this subdivision.    c.  An  amount  equal to three per centum of the total pools resulting  from on-track regular bets and an amount equal to four per centum of the  total pools resulting from on-track multiple and exotic bets, and twelve  per centum of the total pools resulting from super exotic bets shall  be  used  exclusively  for  purses  (including  stakes, premiums and prizes)  awarded in races conducted  by  such  franchised  corporation  provided,  however, that during the period June first, nineteen hundred ninety-five  through  September ninth, nineteen hundred ninety-nine, such amounts for  on-track regular and on-track multiple bets shall be two and thirty-five  hundredths per centum and five and one-half  per  centum,  respectively.  During  the period September tenth, nineteen hundred ninety-nine through  March thirty-first, two thousand one, such amounts for on-track regular,  multiple and exotic bets shall be five and four  hundredths  per  centum  and   for  the  period  April  first,  two  thousand  one  through  July  twenty-fourth, two thousand one and after June thirtieth,  two  thousand  four, such amount for such bets shall be five and ninety-four hundredths  per  centum and on and after July twenty-fifth, two thousand one through  June thirtieth, two thousand four, such amounts for  all  on-track  bets  shall  be  five and forty hundredths per centum. Any portion of such per  centum not so used during any year shall be so used during the following  year,  failing  which  it  shall  be  payable  to  the  commissioner  as  additional  tax. Such additional tax shall be payable on or before April  first in the year following the year in which it is not so used and  the  provisions  of  paragraph  a  of  this  subdivision  shall be applicable  thereto except as to the time of payment.    3. No county, city, town, village or other  political  subdivision  of  the state may impose, levy or collect a tax on admission fees or tickets  of  admission,  on  wagers  made  by patrons in the form of purchases of  pari-mutuel tickets or upon  such  tickets,  on  pari-mutuel  pools,  on  breaks,  on dividends or payments made to winning bettors, or on revenue  retained by the franchised corporation, except  as  provided  in  former  article two-B of the general city law, and as otherwise provided in this  chapter.    4.   Notwithstanding  any  inconsistent  provision  of  this  chapter,  whenever the franchised corporation operates the Breeder's Cup  Meet  at  one  of  its racing facilities, such franchised corporation shall not be  required to pay to the department of taxation and  finance  pursuant  to  this  section  the  pari-mutuel  tax  on  the  pari-mutuel pools of such  franchised corporation's races during the Breeder's Cup  Meet.  For  the  purposes  of  this  subdivision, the Breeder's Cup Meet shall consist of  three days:  the day on which the Breeder's Cup races are conducted, the  day preceding such races and the day subsequent to such races.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pml > Article-2 > 238

§ 238. Disposition of pari-mutuel pools of the franchised corporation;  percentage  payable  to state as a tax; authority of counties or certain  cities to impose a tax. 1. * (a) The franchised  corporation  authorized  under  this  chapter to conduct pari-mutuel betting at a race meeting or  races run thereat shall distribute all sums deposited in any pari-mutuel  pool to the holders of winning tickets therein, provided such tickets be  presented for payment before April first of the year following the  year  of  their  purchase,  less  an  amount  which  shall  be established and  retained by such franchised corporation of between sixteen to  seventeen  per  centum  of  the  total  deposits  in  pools resulting from on-track  regular bets, and eighteen and one-half to twenty-one per centum of  the  total  deposits  in  pools  resulting  from  on-track  multiple bets and  twenty-six per centum of the total  deposits  in  pools  resulting  from  on-track  exotic  bets and sixteen to thirty-six per centum of the total  deposits in  pools  resulting  from  on-track  super  exotic  bets,  and  twenty-six  to  thirty-six  per  centum  when such on-track super exotic  betting pools are carried forward, plus the breaks. The  retention  rate  to  be  established  is  subject to the prior approval of the racing and  wagering board. Such rate may not be changed more than once per calendar  quarter to be effective on  the  first  day  of  the  calendar  quarter.  "Exotic  bets"  and "multiple bets" shall have the meanings set forth in  section five hundred nineteen of this chapter. "Super exotic bets" shall  have the meaning set forth in section three hundred one of this chapter.  For purposes of this section, a "pick six bet" shall mean a  single  bet  or  wager on the outcomes of six races. The breaks are hereby defined as  the odd cents over any multiple of five for  payoffs  greater  than  one  dollar  five  cents but less than five dollars, over any multiple of ten  for payoffs greater than five dollars but less than twenty-five dollars,  over any multiple of twenty-five for payoffs  greater  than  twenty-five  dollars but less than two hundred fifty dollars, or over any multiple of  fifty  for  payoffs over two hundred fifty dollars. Out of the amount so  retained there shall be paid  by  such  franchised  corporation  to  the  commissioner  of  taxation and finance, as a reasonable tax by the state  for the privilege of conducting pari-mutuel betting on the races run  at  the  race  meetings  held  by such franchised corporation, the following  percentages of the total pool for regular and  multiple  bets  five  per  centum  of regular bets and four per centum of multiple bets plus twenty  per centum of the breaks; for  exotic  wagers  seven  and  one-half  per  centum  plus  twenty per centum of the breaks, and for super exotic bets  seven and one-half per centum plus fifty per centum of the  breaks.  For  the  period  June  first, nineteen hundred ninety-five through September  ninth, nineteen hundred ninety-nine, such tax on regular wagers shall be  three per centum and such tax  on  multiple  wagers  shall  be  two  and  one-half  per  centum,  plus  twenty  per  centum of the breaks. For the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such tax on all wagers shall be two and  six-tenths per centum and for the period April first, two  thousand  one  through  December  thirty-first,  two  thousand  eleven, such tax on all  wagers shall be one and  six-tenths  per  centum,  plus,  in  each  such  period,  twenty  per centum of the breaks. Payment to the New York state  thoroughbred  breeding  and  development   fund   by   such   franchised  corporation  shall be one-half of one per centum of total daily on-track  pari-mutuel pools resulting from regular, multiple and exotic  bets  and  three  per  centum  of super exotic bets provided, however, that for the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such payment shall be six-tenths of one  per centum of regular, multiple and exotic  pools  and  for  the  period  April  first,  two  thousand  one  through  December  thirty-first,  twothousand eleven, such payment shall be seven-tenths of one per centum of  such pools.    * NB Effective until September 15, 2010    *   (a)  The  franchised  corporation authorized under this chapter to  conduct pari-mutuel betting at a race meeting or races run thereat shall  distribute all sums deposited in any pari-mutuel pool to the holders  of  winning  tickets therein, provided such tickets be presented for payment  before April first of the year following the  year  of  their  purchase,  less  an  amount  which  shall  be  established  and  retained  by  such  franchised corporation of between twelve to seventeen per centum of  the  total  deposits  in  pools  resulting  from  on-track  regular bets, and  fourteen to twenty-one  per  centum  of  the  total  deposits  in  pools  resulting  from  on-track  multiple  bets and fifteen to twenty-five per  centum of the total deposits in pools  resulting  from  on-track  exotic  bets and fifteen to thirty-six per centum of the total deposits in pools  resulting  from  on-track  super  exotic  bets,  plus  the  breaks.  The  retention rate to be established is subject to the prior approval of the  racing and wagering board. Such rate may not be changed more  than  once  per  calendar  quarter  to be effective on the first day of the calendar  quarter. "Exotic bets" and "multiple bets" shall have the  meanings  set  forth  in  section  five hundred nineteen of this chapter. "Super exotic  bets" shall have the meaning set forth in section three hundred  one  of  this  chapter. For purposes of this section, a "pick six bet" shall mean  a single bet or wager on the outcomes  of  six  races.  The  breaks  are  hereby  defined  as  the odd cents over any multiple of five for payoffs  greater than one dollar five cents but less than five dollars, over  any  multiple  of  ten  for  payoffs  greater than five dollars but less than  twenty-five dollars,  over  any  multiple  of  twenty-five  for  payoffs  greater  than  twenty-five  dollars  but  less  than  two  hundred fifty  dollars, or over any multiple of fifty  for  payoffs  over  two  hundred  fifty dollars. Out of the amount so retained there shall be paid by such  franchised corporation to the commissioner of taxation and finance, as a  reasonable  tax by the state for the privilege of conducting pari-mutuel  betting on the races run at the race meetings held  by  such  franchised  corporation, the following percentages of the total pool for regular and  multiple  bets  five  per  centum of regular bets and four per centum of  multiple bets plus twenty per centum of the breaks;  for  exotic  wagers  seven  and one-half per centum plus twenty per centum of the breaks, and  for super exotic bets seven and  one-half  per  centum  plus  fifty  per  centum  of  the  breaks.  For  the  period  June first, nineteen hundred  ninety-five through September ninth, nineteen hundred ninety-nine,  such  tax on regular wagers shall be three per centum and such tax on multiple  wagers  shall  be two and one-half per centum, plus twenty per centum of  the breaks. For the period September tenth, nineteen hundred ninety-nine  through March thirty-first, two thousand one, such  tax  on  all  wagers  shall  be  two and six-tenths per centum and for the period April first,  two thousand one through December  thirty-first,  two  thousand  eleven,  such  tax on all wagers shall be one and six-tenths per centum, plus, in  each such period, twenty per centum of the breaks. Payment  to  the  New  York state thoroughbred breeding and development fund by such franchised  corporation  shall be one-half of one per centum of total daily on-track  pari-mutuel pools resulting from regular, multiple and exotic  bets  and  three  per  centum  of super exotic bets provided, however, that for the  period September  tenth,  nineteen  hundred  ninety-nine  through  March  thirty-first,  two thousand one, such payment shall be six-tenths of one  per centum of regular, multiple and exotic  pools  and  for  the  period  April  first,  two  thousand  one  through  December  thirty-first,  twothousand eleven, such payment shall be seven-tenths of one per centum of  such pools.    * NB Effective September 15, 2010    (b)  An  amount equal to fifty per centum of any compensation received  by a franchised corporation from simulcasting or from wagering conducted  outside the United States or outside  New  York  state  and  within  the  United  States  shall  be  distributed to purses, except with respect to  such compensation received from Connecticut which shall be computed as a  percentage of wagering handle in a manner approved by the  state  racing  and wagering board.    (c)  An  amount equal to fifty per centum of any compensation received  by  the  franchised  corporation  from  simulcasting  or  from  wagering  conducted outside the United States shall be distributed to purses.    (d)  The  pari-mutuel  tax  rate  authorized  by paragraph (a) of this  subdivision shall be effective  so  long  as  a  franchised  corporation  notifies  the racing and wagering board by August fifteenth of each year  that such pari-mutuel tax rate is effective of its intent to  conduct  a  race  meeting  at  Aqueduct  racetrack  during  the  months of December,  January, February, March and April. For purposes of this paragraph  such  race  meeting shall consist of not less than ninety-five days of racing.  Not later than May first of each year that such pari-mutuel tax rate  is  effective,  the racing and wagering board shall determine whether a race  meeting at Aqueduct  racetrack  consisted  of  the  number  of  days  as  required  by  this  paragraph.  In  determining the number of race days,  cancellation of a race day because of an act of God,  which  the  racing  and  wagering  board  approves or because of weather conditions that are  unsafe or hazardous which the racing and wagering board  approves  shall  not  be  construed  as  a  failure  to conduct a race day. Additionally,  cancellation of a race day because of circumstances beyond  the  control  of  such  franchised corporation for which the racing and wagering board  gives approval shall not be construed as a failure  to  conduct  a  race  day. If the racing and wagering board determines that the number of days  of  racing  as  required  by  this  paragraph have not occurred then the  pari-mutuel tax rate in paragraph (a) of this subdivision  shall  revert  to  the pari-mutuel tax rates in effect prior to January first, nineteen  hundred ninety-five. Such franchised corporation shall pay to the racing  and wagering board as a regulatory fee,  which  fee  is  hereby  levied,  fifty  hundredths  of  one  per  centum  of  the  total  daily  on-track  pari-mutuel pools of such franchised corporation.    2. a. Subject to the provisions of this section the  payment  of  such  state  tax  shall be made 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  sixteenth  day  of  the  preceding  month through the  fifteenth day of the current month provided, however, that such payments  required to be made on March thirty-first shall include  all  taxes  due  and  accruing  through  the  last  full  week  of racing in March of the  current year or as otherwise determined by the commissioner,  and  shall  be  accompanied  by a report under oath, showing such information as the  commissioner may require. A penalty of five per centum and  interest  at  the  rate  of  one  per  centum  per  month  from the date the report is  required to be filed to the date of the payment  of  the  tax  shall  be  payable in case any tax imposed by this section is not paid when due. If  the commissioner determines that any moneys received by the commissioner  under  this  section  were paid in error, the commissioner may cause the  same to be  refunded  without  interest  out  of  any  moneys  collected  thereunder,   provided   an  application  therefor  is  filed  with  the  commissioner within one year from the time  the  erroneous  payment  was  made.  Such  taxes,  interest  and  penalties  when collected, after thededuction of refunds of taxes erroneously paid, shall  be  paid  by  the  commissioner into the general fund of the state treasury.    b.  The  balance  of  the  retained percentage of such pool and of the  breaks shall be held by such franchised corporation  for  its  corporate  purposes, except as provided in paragraph c of this subdivision.    c.  An  amount  equal to three per centum of the total pools resulting  from on-track regular bets and an amount equal to four per centum of the  total pools resulting from on-track multiple and exotic bets, and twelve  per centum of the total pools resulting from super exotic bets shall  be  used  exclusively  for  purses  (including  stakes, premiums and prizes)  awarded in races conducted  by  such  franchised  corporation  provided,  however, that during the period June first, nineteen hundred ninety-five  through  September ninth, nineteen hundred ninety-nine, such amounts for  on-track regular and on-track multiple bets shall be two and thirty-five  hundredths per centum and five and one-half  per  centum,  respectively.  During  the period September tenth, nineteen hundred ninety-nine through  March thirty-first, two thousand one, such amounts for on-track regular,  multiple and exotic bets shall be five and four  hundredths  per  centum  and   for  the  period  April  first,  two  thousand  one  through  July  twenty-fourth, two thousand one and after June thirtieth,  two  thousand  four, such amount for such bets shall be five and ninety-four hundredths  per  centum and on and after July twenty-fifth, two thousand one through  June thirtieth, two thousand four, such amounts for  all  on-track  bets  shall  be  five and forty hundredths per centum. Any portion of such per  centum not so used during any year shall be so used during the following  year,  failing  which  it  shall  be  payable  to  the  commissioner  as  additional  tax. Such additional tax shall be payable on or before April  first in the year following the year in which it is not so used and  the  provisions  of  paragraph  a  of  this  subdivision  shall be applicable  thereto except as to the time of payment.    3. No county, city, town, village or other  political  subdivision  of  the state may impose, levy or collect a tax on admission fees or tickets  of  admission,  on  wagers  made  by patrons in the form of purchases of  pari-mutuel tickets or upon  such  tickets,  on  pari-mutuel  pools,  on  breaks,  on dividends or payments made to winning bettors, or on revenue  retained by the franchised corporation, except  as  provided  in  former  article two-B of the general city law, and as otherwise provided in this  chapter.    4.   Notwithstanding  any  inconsistent  provision  of  this  chapter,  whenever the franchised corporation operates the Breeder's Cup  Meet  at  one  of  its racing facilities, such franchised corporation shall not be  required to pay to the department of taxation and  finance  pursuant  to  this  section  the  pari-mutuel  tax  on  the  pari-mutuel pools of such  franchised corporation's races during the Breeder's Cup  Meet.  For  the  purposes  of  this  subdivision, the Breeder's Cup Meet shall consist of  three days:  the day on which the Breeder's Cup races are conducted, the  day preceding such races and the day subsequent to such races.