KRS § 138.530 — KY Code / Title XI / Chapter 138 / Section 138.530
138.530 Administration and collection of tax -- Remittances -- Reports -- Books -- Records -- Distribution of tax revenue generated under KRS 138.513
Status: in_force

138.530 Administration and collection of tax -- Remittances -- Reports -- Books --

Records -- Distribution of tax revenue generated under KRS 138.513.

(1) The department shall enforce the provisions of and collect the tax and penalties

imposed and other payments required by KRS 138.510 to 138.550, and in doing so

it shall have the general powers and duties granted it in KRS Chapters 131 and 135,

including the power to enforce, by an action in the Franklin Circuit Court, the

collection of the tax, penalties and other payments imposed or required by KRS

138.510 to 138.550.

(2) (a) The remittance of the taxes imposed by KRS 138.510 shall be made weekly to

the department no later than the fifth business day, excluding Saturday and

Sunday, following the close of each week of racing, during each race meeting,

and following the close of each week when historical horse races are

conducted, and shall be accompanied by reports as prescribed by the

department.

(b) Except as otherwise provided in KRS 138.510 to 138.550, all funds received

by the department from the taxes imposed by KRS 138.510 shall be paid into

the State Treasury and shall be credited to the general fund.

(c) The supervisor of pari-mutuel betting appointed by the corporation shall

weekly, during each race meeting, and during each week when historical

horse races are conducted, report to the department the total amount bet or

handled the preceding week and the amount of tax due the state thereon, under

the provisions of KRS 138.510 to 138.550.

(d) The supervisor of pari-mutuel betting appointed by the corporation or his or

her duly authorized representatives shall, at all reasonable times, have access

to all books, records, issuing or vending machines, adding machines, and all

other pari-mutuel equipment for the purpose of examining and checking the

same and ascertaining whether or not the proper amount or amounts due the

state are being or have been paid.

(e) Every person, corporation, or association required to pay the tax imposed by

KRS 138.510 shall keep its books and records so as to clearly show by a

separate record the total amount of money contributed to every pari-mutuel

pool.

(3) (a) The remittance of the tax imposed by KRS 138.513 shall be made weekly to

the department no later than the first business day of the week next

succeeding the week during which the wagers forming the base of the tax

were received.

(b) Along with the remittance of the tax, each advance deposit account wagering

licensee shall file a return that includes the information required by the

department.

(c) Every advance deposit account wagering licensee shall keep its books and

records in such a manner that:

1. Kentucky residents having accounts with the advance deposit account

wagering licensee can be individually identified and their identity and

residence verified; and

2. The amount wagered through each account held by a Kentucky resident

and the date of each wager can be determined and verified.

(d) All books and records of the advance deposit account wagering licensee

required by paragraph (c) of this subsection and any books and records that

the department requires a licensee to maintain through promulgation of an

administrative regulation shall be open to inspection by the department and

the corporation.

(e) All revenue received by the department from the tax imposed by KRS

138.513 shall be distributed as follows:

1. Fifteen percent (15%) shall be distributed to the Commonwealth and

credited to the general fund; and

2. a. Eighty-five percent (85%) of revenue received from a wager

placed on a race conducted at a track in Kentucky shall be

distributed to the association that conducted the race;

b. Eighty-five percent (85%) of revenue received from a wager

placed on a race conducted at a track outside Kentucky shall be

distributed to the Kentucky track that is recognized as the host

track by the corporation at the time the wager is placed. However,

if a wager subject to the tax imposed by KRS 138.513 is placed on

a race conducted at a track outside Kentucky, and the individual

placing the wager has registered an address with the advance

deposit account wagering licensee that is within twenty-five (25)

miles of a Kentucky track, the association licensed by the

corporation to operate that track shall receive the tax revenue

derived from that wager; and

c. An association receiving distributions under subdivisions a. and b.

of this subparagraph shall allocate one-half (1/2) of the amount

distributed to its purse account.