Mass. Gen. Laws ch. 23N, sec. 14 — MA Code / Part I / Title II / Chapter 23N / Section 14
Excise imposed upon sports wagering operators
Status: in_force

Section 14. (a) An excise is hereby imposed upon a sports wagering operator or a person or entity that offers fantasy contests, as defined in section 11M1/2 of chapter 12, in the commonwealth at the rate of: (i) 15 per cent of the sports wagering operator's adjusted gross sports wagering receipts from the operation of in-person sports wagering; (ii) 20 per cent of the sports wagering operator's adjusted gross sports wagering receipts from the operation of sports wagering through mobile applications and other digital platforms approved by the commission; and (iii) 15 per cent of the adjusted gross fantasy wagering receipts of the person or entity that offers such fantasy contests. The accrual method of accounting shall be used for the purposes of calculating the amount of the tax owed under this section. The excise shall be paid to the commission at the time provided for filing the return pursuant to subsection (b). (b)(1) The excise imposed and collected pursuant to subsection (a) shall be due and payable to the commission in monthly installments on or before the fifteenth calendar day following the calendar month in which the adjusted gross sports wagering receipts were received. (2) On or before the fifteenth calendar day of each month, the operator shall complete and submit the return for the preceding month by electronic communication to the commission in a form prescribed by the commission that provides: (i) the total gross sports wagering receipts and adjusted gross sports wagering receipts from operation of sports wagering during that month; (ii) the total gross fantasy wagering receipts and adjusted gross fantasy wagering receipts from the offering of fantasy contests, as defined in section 11M1/2 of chapter 12, during that month; (iii) the tax amount for which an operator or a person or entity that offers fantasy contests, as defined in said section 11M1/2 of said chapter 12, is liable; and (iv) any additional information necessary in the computation and collection of the tax on adjusted gross sports wagering receipts and adjusted gross fantasy wagering receipts required by the commission. (3) The excise amount shown to be due shall be remitted by electronic funds transfer simultaneously with the filing of the return. (4) When an operator's adjusted gross sports wagering receipts for a month is a negative number because the winnings paid to wagerers and excise taxes paid pursuant to federal law exceed the operator's total gross receipts from sports wagering, the commission shall allow the operator to carry over the negative amount to returns filed for subsequent months. The negative amount of adjusted gross sports wagering receipts shall not be carried back to an earlier month and taxes previously received by the commission shall not be refunded unless the operator surrenders its license and the operator's last return reported negative adjusted gross sports wagering receipts. (c) The excise on adjusted gross sports wagering receipts and adjusted gross fantasy wagering receipts imposed by this section shall be in lieu of all other state and local taxes and fees imposed on the operation of, or the proceeds from operation of, sports wagering or fantasy contests. (d) Annually, not later than July 1, the commission shall publish on its website a report stating the amount in fees, surcharges and civil penalties received from operators and taxes received from operators and from people or entities that offer fantasy contests, as defined in section 11M1/2 of chapter 12.

Section 14. (a) An excise is hereby imposed upon a sports wagering operator or a person or entity that offers fantasy contests, as defined in section 11M1/2 of chapter 12, in the commonwealth at the rate of: (i) 15 per cent of the sports wagering operator's adjusted gross sports wagering receipts from the operation of in-person sports wagering; (ii) 20 per cent of the sports wagering operator's adjusted gross sports wagering receipts from the operation of sports wagering through mobile applications and other digital platforms approved by the commission; and (iii) 15 per cent of the adjusted gross fantasy wagering receipts of the person or entity that offers such fantasy contests. The accrual method of accounting shall be used for the purposes of calculating the amount of the tax owed under this section. The excise shall be paid to the commission at the time provided for filing the return pursuant to subsection (b).

(b)(1) The excise imposed and collected pursuant to subsection (a) shall be due and payable to the commission in monthly installments on or before the fifteenth calendar day following the calendar month in which the adjusted gross sports wagering receipts were received.

(2) On or before the fifteenth calendar day of each month, the operator shall complete and submit the return for the preceding month by electronic communication to the commission in a form prescribed by the commission that provides:

(i) the total gross sports wagering receipts and adjusted gross sports wagering receipts from operation of sports wagering during that month;

(ii) the total gross fantasy wagering receipts and adjusted gross fantasy wagering receipts from the offering of fantasy contests, as defined in section 11M1/2 of chapter 12, during that month;

(iii) the tax amount for which an operator or a person or entity that offers fantasy contests, as defined in said section 11M1/2 of said chapter 12, is liable; and

(iv) any additional information necessary in the computation and collection of the tax on adjusted gross sports wagering receipts and adjusted gross fantasy wagering receipts required by the commission.

(3) The excise amount shown to be due shall be remitted by electronic funds transfer simultaneously with the filing of the return.

(4) When an operator's adjusted gross sports wagering receipts for a month is a negative number because the winnings paid to wagerers and excise taxes paid pursuant to federal law exceed the operator's total gross receipts from sports wagering, the commission shall allow the operator to carry over the negative amount to returns filed for subsequent months. The negative amount of adjusted gross sports wagering receipts shall not be carried back to an earlier month and taxes previously received by the commission shall not be refunded unless the operator surrenders its license and the operator's last return reported negative adjusted gross sports wagering receipts.

(c) The excise on adjusted gross sports wagering receipts and adjusted gross fantasy wagering receipts imposed by this section shall be in lieu of all other state and local taxes and fees imposed on the operation of, or the proceeds from operation of, sports wagering or fantasy contests.

(d) Annually, not later than July 1, the commission shall publish on its website a report stating the amount in fees, surcharges and civil penalties received from operators and taxes received from operators and from people or entities that offer fantasy contests, as defined in section 11M1/2 of chapter 12.