Illinois Administrative Code › Title 86 - REVENUE › Part 3000 - RIVERBOAT AND CASINO GAMBLING › Subpart J - OWNERSHIP AND ACCOUNTING RECORDS AND PROCEDURES › Section 3000.1071 - Admission Tax and Wagering Tax

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Each holder of an Owner's license ("owner licensee") and licensed manager
				("manager") is subject to tax and fee liability assessment for each Gaming Day
				for the applicable Admission Tax or Admission Fee and the Wagering Tax as
				imposed under the Act.
b) Admission
				Taxes and Fees and Wagering Taxes shall be paid via an electronic funds
				transfer system employing an Automated Clearinghouse Debit method (ACH-Debit).
				Each owner licensee and manager shall maintain an account with sufficient funds
				to pay, in a timely fashion, all tax and fee liabilities due under the Act. The
				account shall be maintained at a financial institution capable of making
				payments to the State under the electronic funds transfer requirements imposed
				by the State.
c) Admission Taxes
				and Fees and Wagering Tax liability shall be established on the basis of a
				Gaming Day. Each owner licensee and manager shall select, with the approval of
				the Administrator, a 24 hour cycle to be defined as the uniform Gaming Day for
				that owner licensee or manager. A Gaming Day may begin on one calendar day and
				end the next calendar day, provided that the Gaming Day does not extend beyond
				the uniform 24 hour period selected in advance by the owner licensee or
				manager.
d) The Administrator shall
				prescribe and make available to each owner licensee and manager forms,
				instructions and reporting requirements for Admission Taxes and Fees and
				Wagering Taxes. The required forms include the Daily Tax and Fee Schedules. The
				Daily Tax and Fee Schedules may be provided by the Administrator to owner
				licensees and managers in computer-based format and include a computer program
				that, upon input by the licensee and manager of requisite data, provides for
				the calculation of tax and fee reporting information and tax and fee liability.
				Daily Tax and Fee Schedules shall be completed for each Gaming Day. The monthly
				float adjustment shall be completed on the Daily Tax and Fee Schedule for the
				final Gaming Day of each month.
e)
				The Daily Tax and Fee Schedules must be filed with the Board no later than
				12:00 noon on the Due Date. Admission Taxes and Fees and Wagering Tax payments
				shall be transferred electronically on the Due Date to the Board's designated
				financial institution by the end of that financial institution's business day.
				For purposes of tax and fee schedules and tax and fee payments, the Due Date
				shall be defined as one bank business day after the close of the Gaming Day for
				which the liability is established. For example, if the Gaming Day of an owner
				licensee or manager ends at 2:00 a.m. on a Tuesday (i.e., the end of a Gaming
				Day that began on Monday), the Due Date is the Wednesday which follows, unless
				that Wednesday is not a bank business day, in which case the subsequent bank
				business day is the Due Date.
f)
				The Admission Tax for a Gaming Day shall be calculated and imposed on owner
				licensees as provided in Section 12 of the Act. From the Gaming Day of August
				23, 2005, for a licensee that admitted 1,000,000 persons or fewer in calendar
				year 2004, the rate is $2 per person admitted, and for all other licensees the
				rate is $3 per person admitted, except that only one admission tax shall be
				payable by an owner licensee for each person admitted during the same gaming
				day. [230 ILCS
				10/12(a) ]
g) The Admission Fee for a Gaming Day shall
				be calculated and imposed on licensed managers as provided in Section 12 of the
				Act. For a licensee that admitted 1,000,000 persons or fewer in the previous
				calendar year, the rate is $3 per person admitted; for a licensee that admitted
				more than 1,000,000 but no more than 2,300,000 persons in the previous calendar
				year, the rate is $4 per person admitted; and for a licensee that admitted more
				than 2,300,000 persons in the previous calendar year, the rate is $5 per person
				admitted. [230 ILCS
				10/12 (a-5)] This Admission Fee is imposed upon
				admissions to riverboat gambling operations operated by managers on behalf of
				the State pursuant to Section 7.3 of the Act. The Admission Fee shall be paid
				for each admission, except for the admissions for holders of the Board approved
				fee-free passes issued to actual and necessary officials and employees of the
				manager or other persons actually working on the riverboat as provided in the
				Act.
h) For any Gaming Day that
				commences after December 31, 1997 and ends on or before July 1, 2002, the
				Wagering Tax imposed on the owner licensee shall be based on each calendar
				year's accumulated Adjusted Gross Receipts and calculated at the following
				graduated rates:
1) 15% of the calendar year
				Adjusted Gross Receipts up to and including $25,000,000;
2) 20% of the calendar year Adjusted Gross
				Receipts in excess of $25,000,000 but not exceeding $50,000,000;
3) 25% of the calendar year Adjusted Gross
				Receipts in excess of $50,000,000 but not exceeding $75,000,000;
4) 30% of the calendar year Adjusted Gross
				Receipts in excess of $75,000,000 but not exceeding $100,000,000; and
5) 35% of the calendar year Adjusted Gross
				Receipts in excess of $100,000,000.