NY Rac, Pari-Mut Wag & Breeding L § 418 (2021)
2021 New York Laws PML - Racing, Pari-Mutuel Wagering and Breeding Law Article 4 - Quarter Horse Racing and Breeding 418 - Disposition of Pari-Mutuel Pools.

§  418.  Disposition  of  pari-mutuel  pools.  1. Every association or   corporation authorized under sections  two  hundred  twenty-two  through   seven  hundred  five of this chapter to conduct pari-mutuel betting at a   quarter horse race meeting on 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  seventeen   percent  of  the total deposits in pools resulting from regular on-track   bets and less nineteen percent of the total deposits in pools  resulting   from multiple bets and less twenty-five percent of the total deposits in   pools  resulting  from  exotic on-track bets, plus the breaks. "Multiple   bet" or "multiple wager" shall mean a single bet or wager on two horses,   evidenced by a single ticket and representing an interest  in  a  single   betting  pool. "Exotic bet" or "exotic wager" shall mean a single bet or   wager on three  or  more  horses,  evidenced  by  a  single  ticket  and   representing  an  interest  in  a  single  betting  pool. The breaks for   regular bets and multiple bets are hereby defined as the odd cents  over   any  multiple  of  ten  or  for  exotic bets, over any multiple of fifty   calculated on the basis of one dollar and otherwise payable to a patron.   Of the sum so retained the applicable tax rates for regular  bets  shall   be  three  percent;  the applicable tax rates for multiple bets shall be   three and one-half percent; the applicable tax  rates  for  exotic  bets   shall  be  eight  percent,  plus sixty-five percent of the amount of the   breaks from on-track regular, multiple and exotic bets shall be paid  by   such  corporation  or  association  to  the  department  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 quarter horse race  meetings   held by such corporation or association, which tax is hereby levied, and   the  balance  of  the retained percentage of such pool and of the breaks   may be held by such corporation or  association  for  its  own  use  and   purposes.  The payment of such state tax shall be made to the department   of taxation and finance at such regular intervals as the  department  of   taxation  and  finance may require, and shall be accompanied by a report   under oath showing the total of all  such  contributions  together  with   such  other  information  as  the department of taxation and finance may   require. A penalty of five percent and  interest  at  the  rate  of  one   percent  per  month  from the date the report is required to be filed to   the date of payment of the tax shall be payable in case any tax  imposed   by  this section is not paid when due. If the department of taxation and   finance determines that any moneys received under this section were paid   in error, it may cause the same to be refunded without interest  out  of   any  moneys  collected  thereunder,  provided an application therefor is   filed with it within one year from the time the  erroneous  payment  was   made.  Such  taxes,  interest  and  penalties  when collected, after the   deduction of refunds of taxes erroneously paid, shall  be  paid  by  the   department  of  taxation  and finance into the general fund of the state   treasury. Ten percent of the breaks shall be paid to the New York  state   quarter horse breeding and development fund.2.  Except  as  may be authorized by the legislature, no county, city,   town, village or other political subdivision of the  state  may  impose,   levy  or  collect a tax on admission fees or tax on 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 that part of  the  pari-mutuel  pools  or   breaks   to   be  retained  by  quarter  horse  racing  corporations  or   associations under this section.3. The sums paid by any corporation or association to  the  department   of  taxation  and  finance  shall  be  determined  by  multiplying  each    applicable rate for total daily pools from on-track regular bets by  the   percentage  that  on-track  regular  bets is of the total on-track daily   pool and by multiplying each applicable rate for total  daily  pools  on   on-track  exotic  bets  by  the  percentage that exotic bets is of total   daily pool, then combining the two determined percentages  and  applying   the  result  to  the  appropriate  level  of  the  total daily pool from   on-track regular and exotic bets.